Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Occupational Health Services Convention, 1985 (No. 161) - Czechia (Ratification: 1993)

1. The Committee notes the detailed information supplied by the Government in its report and information on the adoption of several new pieces of legislation including Act No. 155/2000 to amend the Labour Code, Act No. 95/2004 on terms of acquisition and recognition of professional qualifications, as well as Act No. 96/2004 on terms of acquisition and recognition of non-medical occupations and Decree No. 424/2004 stipulating activities of the health-services employees, and introducing a new specialization - nurse for occupational health care. The Committee also notes the observations of the Czech-Moravian Confederation of Trade Unions (CMKOS), included in the Government’s report.

2. Article 5 of the Convention. Occupational health services. The Committee notes that, according to the CMKOS, no measures have been taken to address the problems related to the general shortage of occupational health physicians, and that, as a result, occupational health physicians do not take part in the development of programmes for the improvement of work practices, the testing and evaluation of health aspects of new equipment. The CMKOS also indicates the requirement in Act No. 155/2000 that employers should refer workers to medical establishments for the provision of occupational health services, including vaccinations and preventive medical examinations required by their function cannot be fulfilled by most employers. Noting that the Government does not provide any further information on this issue, the Committee requests the Government to indicate measures taken or envisaged to ensure that the occupational health services in the country are able to fulfil their functions according to this Article.

3. Article 10. Professional independence. The Committee notes that the CMKOS considers that the provisions requiring that occupational health services should be professionally independent are not fully applied in practice. In their view, the fact that the medical centres at enterprises employ their own physicians to perform occupational care compromises the independence of the occupational health services. Noting that the Government does not provide any further information on this issue, the Committee requests the Government to indicate measures taken or envisaged to ensure the professional independence of occupational health physicians.

4. Article 11. Qualifications required for personnel providing occupational health services. The Committee notes the Government’s reference to new legislation in this area, including Acts Nos. 95/2004 and 96/2004, concerning qualification requirements for occupational health physicians and nurses respectively. The Committee also notes the statement by CMKOS that this new legislation is not adequately applied in practice, as occupational health services, when performed, are often performed by general practitioners. The Committee requests the Government to indicate measures taken or envisaged to ensure a full application in practice of this Article of the Convention.

5. The Committee is raising certain other points in a request addressed directly to the Government.