Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. Further to its observation, the Committee notes the Government’s comprehensive report, including reference to a series of legislative changes which respond to several issues previously raised by the Committee. Taking this and the new legislation into account, the Committee requests the Government to provide additional information on the following points.

2. Article 4, paragraph 1. Review of national policy and tripartite consultations. The Committee notes the provisions concerning the development of a national policy on occupational safety and health (OSH), which provide for a regular evaluation of existing regulations and the adoption of amendments and the information on monthly consultations held within the Council of Economic and Social Agreement - a voluntary tripartite body called upon to discuss selected issues of common interest with a view to arriving at consensual solutions in the interest of maintaining social peace - and the establishment of a specialized committee to deal with OSH. The Committee requests the Government to provide further information on the modalities and periodicity of the process of reviewing the national policy on OSH including the outcome thereof as well as further information on the activities in practice of the Council of Economic and Social Agreement including on those of the special OSH committee.

3. Articles 5, paragraph (a) and 11, paragraph (b). Design, testing, choice, substitution, installation, arrangement, use and maintenance of work processes. Please specify the provisions of national laws and regulations that indicate the extent to which the policy on OSH covers the design, testing, choice, substitution, installation, arrangement, use and maintenance of work processes (Article 5, paragraph (a)). Please also specify the extent to which the competent authority or authorities ensure that the function of the determination of work processes, the exposure to which is to be prohibited, limited or made subject to authorization or control, is progressively carried out (Article 11, paragraph (b)).

4. Article 5, paragraph (e) and Article 13. Right to removal. The Committee notes that section 35, paragraph 2, of the Labour Code entitles workers to refuse to perform work that they reasonably consider as posing a threat to their safety and health without it being regarded by the employer as non-performance of their obligations. The Committee requests the Government to provide further information on whether this provision in law and in practice protects employees from disciplinary measures as a result of a withdrawal from a dangerous workplace as required by the Convention.

5. Article 5, paragraph (b). Adaptation of machinery, equipment or organization of work. The Committee notes that the report is silent regarding the question raised in its previous comments concerning existing provisions calling for an adaptation of machinery, equipment, or the organization of work and work processes to the physical and mental capacities of the workers. The Committee requests the Government to provide information on measures taken in law and in practice to ensure a full application of this provision of the Convention.

6. Article 7. Occupational safety and health review. The Committee notes that the Government in its report yet again refers to provisions requiring employers to conduct at least a yearly OSH review, in consultation with the competent trade union body. The Committee reiterates that this provision of the Convention is not limited to enterprise level reviews and that these reviews are called for either overall or in respect of particular areas including by public authorities. Please indicate whether similar reviews are undertaken overall and, in particular, whether the newly adopted National Policy on OSH includes provisions for such reviews. To the extent that such reviews are carried out on a regular basis, the Committee requests the Government to keep it regularly informed of the outcome of such reviews.

7. Article 12, paragraph (a). Design, import, provision and transfer of machinery, equipment or substances for occupational use. The Committee notes the information that a legal framework, including technical requirements as well as technical standards and tests, has been set up for the manufacture of machinery and equipment for occupational use but that these provisions do not seem to cover substances for such use. Furthermore, the Committee notes that the report is silent as regards measures taken to ensure that those who design, import, provide and transfer machinery, equipment and substances for occupational use satisfy themselves that the machinery, equipment or substances do not entail dangers for the safety and health of those using it correctly. The Committee requests the Government to provide information on the measures taken to ensure that full effect, in law and in practice, is given to this Article of the Convention.

8. Article 15. Coordination between national competent authorities. The Committee notes from Government reports that the Czech Occupational Safety Office has been superseded by the State Labour Inspection Office but that the report is silent regarding the respective responsibilities of the relevant OSH bodies and on whether measures have been taken to ensure a closer cooperation between them to ensure that all areas of OSH are covered and to limit possible duplication of attribution to authorities. The Committee requests the Government to provides further information on measures taken or envisaged to establish an efficient collaboration between competent national authorities with a view to ensuring a coherent national policy on occupational safety, occupational health and the working environment, covering all aspects of OSH.

9. Article 19, paragraph (e). Labour inspection. The Committee notes that section 136 of the Labour Code ensures that trade union bodies have the right to inspect how OSH protection is ensured at the workplace and to examine whether the employers fulfil their duties. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that all representatives of workers are given adequate information on measures taken by the employers to secure OSH as provided in the Convention.