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

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

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.