Occupational safety and health

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QUESTION: What are the legislative requirements for the workplace with regard to healthy and safe office space equipment? 
ANSWER:
Requirements for the workplace (including offices) are given in the Government Regulation no. 391/2006 Coll. on Minimum Safety and Health Requirements for the Workplace (hereinafter referred to as GD No. 391/2006 Coll.). Requirements for floor area, clear height of workplaces where long-term work is performed, requirements for airspace size are given in Annex no. 1 of this Government Order. 
From Annex no. 1 NV č. 391 we choose the following requirements: 
  • Workrooms must have sufficient floor space, height and clearance to enable workers to perform work without compromising their safety, health or well-being (paragraph 15.1);
  • For one employee, there should be a free floor area of at least 2 m² at the workplace, except for the equipment and the connecting road. The width of the free movement area shall not be reduced to less than 1 meter at any point (point 15.2.1.); 
  • The clear height of workplaces where long-term work is performed should be near the surface:
    • up to 50 m² at least 2.6 m,
    • 51 to 100 m² at least 2.7 m,
    • 101 to 2 000 m² of at least 3.0 m,
    • more than 2 000 m² of at least 3.25 m (paragraph 15.2.2.).
 
QUESTION: Are the documents processed by a safety technician valid before the amendment comes into effect? 
ANSWER:
Documents processed by safety technicians are valid for 18 months from the date of issue (health risk assessment) if no changes have occurred that could have a negative impact on the protection and health of employees.
 
QUESTION: What are the statutory requirements for the content of OSH documentation?

ANSWER:
A complex of problems is regulated especially by the regulations as amended: Act No. 124/2006 Coll. (OSH Act) and individual government regulations on minimum requirements for OHS in the area.
Types and content of the legal documentation result from the employer’s obligations mentioned in § 6, 7, 8 and 9 of the Health and Safety Equipment Act. Types of individual employer’s internal rules depend mainly on the nature of the work performed by the employer, and content should be in line with the requirement of § 7 of the OSH Act. In individual government regulations are subsequently in certain cases clearly specified requirements for content of the internal regulation (i.e. Operating rules for working with chemical agents and so on.) 

QUESTION: Is a business trip treated as an employee’s working time in the case of an accident at work?
ANSWER:
A complex of problems is regulated especially by the regulations as amended: Act No. 311/2001 Coll. (Labour Code), Act No. 124/2006 Coll. (OSH Act) and Act No. 283/2002 Coll. (Travel refunds Act),
We assume that the term “business trip” you meant a work trip. According to the Travel Refunds Act, a business trip is a time when the employee starts the trip on the work performance to another place, such as his regular workplace including work performed in this place until the end of the trip. According to the Labour Code, performing work tasks is the performance of the work duties resulting from the employment relationship, other activities performed on the employer´s order and the activity, which is the subject of a business trip. Therefore if the employee performs his / her activities on the business trip which are its subject and they caused the employee’s injury, this is an occupational accident. Each case must be considered separately, In particular with regard to the nature of the determined conditions for the business trip of the employer.

QUESTION: Do I need training when I work with toxic and highly toxic substances (originally poisons)? How often do I need retraining?
ANSWER:
In accordance with § 15, paragraph 3, letter a) of Act No. 355/2007 Coll. the employer must have a professionally qualified person to work with toxic and very toxic substances. Professional competence shall be acquired in accordance with § 16, paragraph 2 of Act No. 355/2007 Coll., where before the test an employee must pass an upgrade training for work with toxic and very toxic substances at the Regional Public Health Authority that is accredited by the Ministry of Education and then test at the RPHA. In accordance with §16, paragraph 29 of Act No. 355/2007Coll., update training that is accredited by the Ministry of Education is required 1 x per 5 years.
 
QUESTION: Is the employer obliged to ensure the drinking regime in the summertime?
ANSWER:
In accordance with  Decree No. 99/2016 Coll.the employer is obliged to ensure drinking regime as follow:
Employer provides to the employee drinking water under a heat load at its own expense in the workplace or at any other convenient place determined by the internal regulations of the employer.
Employer provides to the employee also mineral water under a heat load at its own expense in the workplace, who carries out long-term work and is classified in class 1b to 4,
supplementing fluids and minerals lost by sweating and breathing,
a) if the conditions are for the time adjustment of work under § 4 paragraph 2or is expected adjustment of time work, or
b) in long-term work at the outdoor workplace during extremely hot days.
 
QUESTION: Does every employer need a document Work categorization?
ANSWER:
In accordance with § 30, paragraph 1, letter  f) of the Act No. 355/2007 Coll. every employer must have elaborated a legal document „Work categorization in terms of health risks“, which must be updated for every new job position

QUESTION: OSH training performed by own staff (what is necessary to ensure e.g. management staff can perform training to a certain extent and what extent)?
ANSWER:
Issue adjusted especially by regulations as amended by Act No. 124/2006 Coll. (Act on OSH), governing instructions and information in certain areas (work equipment, work factors).
Employer informs the employees in person or by its own staff or the natural entity or legal entity authorized for education and training in the field of work – a person entitled to the education with a valid certification. Content and method of familiarity and frequency of re-familiarization must be tailored to the nature of the work performed by employees, on his workplace and other circumstances relating to the performance of work, especially the work equipment, working procedures, new or changing risks and threats. Employer is obliged to modify the internal regulations way of familiarization, define the requirements for professional competence of own staff for familiarization according to § 7 on OSH and frequency of re-familiarization, carried out at least once every two years, if the legislation does not provide for a shorter time to ensure the safety and health at work.

QUESTION: What are the requirements for documentation of machinery (site content of technical documentation)?
ANSWER:
Issue adjusted especially by regulations as amended by Act No. 124/2006 Coll. (Act on OSH), Act No. 392/2006 Coll. and Decree No. 508/2009 Coll.
Requirements for safety and health at work including requirements to ensure the safety of reserved technical equipment determines the technical documentation, technical construction or project technical documentation („design documentation“), they are necessary for the production, montage, reconstruction and accompanying technical documentation needed for use (it includes information on safe placement, installation, use, control, maintenance, and repair). Content of technical documentation of reserved technical equipment is specified in Annex No. 3 of the Decree No. 508/2009 Coll.

QUESTION: What are the terms for the investigation and drafting of an injury? How many days do you need to send the forms for Social Insurance?
ANSWER:

In accordance with the provisions of § 17 of Act No. 124/2006 Coll. as amended, is the employer´s responsibility to record every work injury and another injury, in occupational accidents with work incapacity of more than 3 days make a registration within 4 days after reporting the injury including for drawing up the record on registered work injury and then sent within 8 days from reporting the accident record to the competent Labour Inspectorate and Social Insurance. In accordance with the provisions of Act No. 461/2003 Coll. as amended, the employer is also obliged to send notification of an insured event 3 days after reporting an accident at work to the relevant branch of the Social Insurance.
 
QUESTION: Who performs input health and safety training for volunteers?
ANSWER:
In accordance with the provisions of the Labour Code is the employer required even for employees performing work resp. work on the basis of agreements to ensure compliance with the Act No. 124/2006 Coll. as amended, i.e. initial OHS training for volunteers. This training is carried out by either the employer’s own staff (SE, LSE, managing employee and so on.) defined in the internal regulation of the employer, resp. ensures the performance of training by a person (natural or legal), which is authorized for education gr. 1.1.
 
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