Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Czechia (Ratification: 1993)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Czech–Moravian Confederation of Trade Unions (CMKOS) contained in the Government’s report alleging non-compliance with Article 5 of the Convention. The Committee also notes the Government’s reply concerning the employers’ obligation to enable workers’ organizations and occupational safety and health (OSH) representatives or workers to participate in consultations on OSH, including the possibility to present information, comments and proposals pursuant to section 108 of Act No. 262/2006 Coll., Labour Code, as amended (the Labour Code).

Article 8(2) and (3) of the Convention. Elaboration of criteria and determination of exposure limits. The Committee notes the Government’s indication that the opinions of technically competent persons representing employers and workers are taken into account in consultations on individual bills on specified elements of health protection. The Committee also notes that, pursuant to section 320 of the Labour Code, consultations with competent employers’ and workers’ organizations are undertaken during the legislative process and that the central administrative authorities consult these organizations when issuing implementing regulations. Concerning the determination of exposure limits, the Committee notes that Government Regulation No. 272/2011 Coll. on the protection of health against the harmful effects of noise and vibrations specifies the limits for noise and vibrations in the working environment; section 9, Annexes 2 and 3, of Government Regulation No. 361/2007 on conditions for the protection of health at work, set the limits for air pollution; simultaneous exposure to several harmful factors is regulated by section 37(2) of Act No. 258/2000 Coll. on public health protection and section 2 of Decree No. 432/2003 Coll. establishing specific conditions for work categorization. The Committee also notes the Government’s indication that exposure limits are established in accordance with relevant directives of the European Union and that they are regularly reviewed in consultation with the social partners.

Article 11(3). Cases in which the assignment of a worker to work involving exposure is found to be medically inadvisable. Maintenance of income. The Committee notes the information provided by the Government in reply to its previous request concerning the maintenance of workers’ income when no alternative employment can be provided, pursuant to sections 52(d), 67(2) and 371 of the Labour Code.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided in the Government’s latest report, including references to the availability of legislation online, and recent amendments to legislation concerning the application of the Convention, including the repeal, and replacing of Act No. 65/1965 Coll., Employment Act, by Act No. 262/2006 Coll., Labour Code, as amended; the adoption of Act No. 309/2006 Coll., stipulating further requirements for health and safety at work in labour relations and concerning occupational health and safety protection in activities or services provided outside labour relations (Act on Further Requirements on Occupational Health and Safety) as amended; the amendment of Act No. 174/1968 Coll., on state professional supervision of occupational safety, by Acts Nos 189/2008 Coll. and 223/2009 Coll.; the repeal, and replacing of Government Regulation No. 178/2001, by Government Regulation No. 361/20070 Coll., laying down conditions for employee health protection at work, as amended; and the repeal, and replacing of Government Regulation No. 502/2000 Coll., by Government Regulation No. 148/2006 Coll., on protection of health against the negative impacts of noise and vibrations. The Committee also notes the information provided which appears to give further effect to Articles 5(4), 11(4) and 12 of the Convention. The Committee asks the Government to continue to provide information on the relevant measures undertaken with regard to the Convention.

Article 8(2) and (3) of the Convention. Establishing criteria for determining hazards. The Committee notes the information which indicates that Government Regulation No. 361/2007 provides for specific health protection concerning work with chemical substances that are carcinogenic or mutagenic, working processes with chemical carcinogenicity risks, work with substances toxic to reproduction, lead, asbestos, fibrogeneous and other dust, and stipulates admissible exposure limits and permitted maximum exposures to chemicals for approximately 350 substances and more than 50 types of dust. The Government indicates that it further regulates methods of measuring and evaluating inhalation exposure to chemicals, and measuring of inhalable and respirable fractions of particulate matters and asbestos; and regulates situations where two or more substances impact on the same organ system. The Committee asks the Government to indicate the measures taken or envisaged, in law and in practice, to ensure that the competent authority takes into account the opinion of technically competent persons designated by the most representative organizations of employers and workers concerned, in the elaboration of the criteria and the determination of the exposure limits (Article 8(2)); and that the criteria and exposure limits shall be established, supplemented and revised regularly in the light of current national and international knowledge and data (Article 8(3)).

Article 11(3). Workers’ right to alternative employment and to maintain their income. The Committee notes the information indicating that the repeal of Act No. 65/1995 Coll., Labour Code, has resulted in a slight amendment under Act No. 262/2006 Coll., regarding application of this Article, namely that the employer is obliged to transfer an employee to alternative work, if, according to a medical certificate issued by an occupational health care establishment or under a ruling of the competent administrative authority having reviewed the medical certificate, the employee has lost, long term, their capability to perform the works. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that workers, for whom no alternative employment can be provided, can maintain their income, either through social security measures or otherwise.

Part IV of the report form and Article 16(b) of the Convention. Labour inspection and application of the Convention in practice. The Committee notes the information provided by the Government, which indicates that the public health protection authority inspectorate monitors 445,964 employees performing works evaluated as risky within the meaning under section 39 of Act No. 258/2000 Coll., Public Health Protection Act, including work containing risks of occupational disease or other work-related disease. The Committee welcomes the statistical information provided by the Government, disaggregated by gender, which indicates that in 2009 the public health authorities undertook 27,248 inspections and that significant exposures in cases of employees performing works classified in risk categories 2R, 3 and 4 included: 29,319 employees (including 9,735 women) exposed to chemicals; 263,681 employees (including 40,459 women) exposed to noise; 65,768 employees (including 3,150 women) exposed to vibrations; 70,715 employees (including 10,275 women) exposed to dust; and in cases of employees performing works classified under the non-risk category 2 included: 203,012 employees (including 92,281 women) exposed to chemicals; 521,164 employees (including 141,664 women) exposed to noise; 131,296 employees (including 12,122 women) exposed to vibrations; and 218,546 employees (including 42,535 women) exposed to dust. The Committee asks the Government to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information contained in the Government’s reports and the attached legislation. The Committee notes the Government’s statement that new legislation relevant for the application of the Convention is under preparation. With reference to further needs for information on relevant legislation, the Committee requests the Government to submit copies of relevant legislative texts including, if possible, translations into one of the working languages of the Committee.

2. Articles 4 and 8 of the Convention. National legislation and exposure limits. The Committee notes with interest the adoption of Regulation No. 502 of 2000 (as amended by No. 88 of 2004) on health protection against the negative effects of noise and vibrations. It notes that sections 3(2) and 9 establish daily exposure limits for noise to 85 db(A) for an eight-hour working day, in accordance with the Convention. It also notes that sections 16 and 17 refer to its Appendix 9 provide for exposure limits for vibrations, but that a copy of this Annex was not included in the Government’s report. With respect to air pollution, the Committee notes the Government’s statement that Regulation No. 178 or 2001 is applicable to air pollution. The Committee requests the Government to provide additional information in its next report on the methods and criteria used for determining and regularly review the hazards of exposure to air pollution, noise and vibration, the international standards that have been taken into account in this context and the account taken of the increased hazards resulting from simultaneous exposure to several harmful factors at the same time.

3. Article 11, paragraphs 3 and 4. Workers’ right to alternative employment and to maintain their income. The Committee notes with interest that section 37 of the Labour Code provides for alternative employment for a worker when continued work involved with exposure to air pollution, noise or vibration is found to be medically unadvisable for the worker. It further notes the Government’s statement that workers’ right is also provided for under the social security legislation. The Committee requests the Government to provide additional information in its next report on the measures taken under the social security legislation to ensure that workers, for whom no alternative employment can be provided, can maintain their income, either through social security measures or otherwise. It also asks the Government to provide information on measures taken to ensure that the rights of workers under social security or social insurance legislation are not adversely affected by the implementation of this Convention.

4. Article 12. Notification to the competent authority. The Committee notes the Government’s statement that the Hygiene Service is the competent authority to which notifications shall be given for any occupational hazards of air pollution, noise and vibration. The Committee requests the Government to provide additional information on the particular of the processes, substances, machinery and equipment, which involve exposure of workers to occupational hazards in the working environment due to air pollution, noise or vibration, the use of which must be notified and of any conditions prescribed by the authority for the use of specified processes, etc. and of any prohibitions issued during the period covered by the report.

5. Part IV of the report form and Articles 5(4) and 16(b). Labour inspections and general appreciation of the application of the Convention. The Committee notes with interest the adoption of Act No. 251 of 2005 on Labour Inspection establishing the National Labour Inspection Office (NLI) and the Regional Labour Inspectorates (RLI), replacing the Occupational Safety Office (COSO) and the Occupational Safety Inspectorate (OSI). The Committee asks the Government to provide detailed information in its next report on labour inspections carried out with respect to air pollution, noise and vibration at the workplace, including on the participation in the inspection visits of representatives of the employer and workers, in accordance with Article 5, paragraph 4, of the Convention. It also asks the Government to provide statistical information on the number of workers covered by the Convention, disaggregated by gender if available, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.