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

Czechia

Occupational Safety and Health Convention, 1981 (No. 155) (Ratification: 1993)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2008)

In order to provide a comprehensive view of the issues relating to the application of the key occupational safety and health (OSH) Conventions ratified, the Committee considers it appropriate to examine Convention No. 155 and Convention No. 187 in a single comment.

The Committee notes the observations of the Czech–Moravian Confederation of Trade Unions (ČMKOS), communicated with the Government’s reports on Conventions Nos 187 and 155.

Action at the national level

National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. Consultation of the social partners. The Committee notes the Government’s indication in reply to its previous request that the national OSH policy is prepared by the Ministry of Labour and Social Affairs (MoLSA) and that the Government Council for OSH prepares and approves proposals and recommendations for its implementation. The Committee requests the Government to provide further information on the arrangements made for the periodic review of the national policy, in consultation with the most representative organizations of employers and workers.

National programme

Article 5(2)(d) of Convention No. 187. Targets and indicators for monitoring progress and the review of national programmes on OSH. The Committee notes the information provided by the Government concerning the adoption by the Government Council for OSH of a biannual National Action Programme on OSH since 2013. The current National Action Programme for the 2015–16 period further develops the National Policy on OSH and the European Union OSH Strategic Framework 2014–20, and operationalizes the national system for OSH by setting out seven priorities that include specific actions, deadlines and accountability for performance. The Committee requests the Government to provide information on the measures taken to monitor and evaluate the implementation of the National Action Programme on OSH using a methodology based on targets and indicators of progress.

National system

Article 4(2)(a) of Convention No. 187. Laws and regulations. The Committee notes the Government’s indication in reply to its previous request that legislation has been adopted implementing the OSH Act (No. 309/2006 Coll.). It also notes that the ČMKOS observes that no OSH regulations have been adopted since the entry into force of the new Labour Code (Act No. 262/2006 Coll.). In this regard, the Government indicates that OSH legislation adopted under the old Labour Code (No. 65/1965 Coll.) is considered up to date and remains fully applicable. The Committee takes note of this information.

Article 9 of Convention No. 155. Appropriate system of inspection. Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. The Committee notes the Government’s indication in reply to its previous request and the previous observation of the ČMKOS under Convention No. 155, that the annual programme of inspections prepared by the State Labour Inspection Office (SLIO) is supplemented by extraordinary inspections arising out of specific needs and the consideration of the occupational injury rate, and that the total number of industrial accidents decreased between 2011 and 2014. The Government further indicates that individual proposals and recommendations from the social partners are duly assessed and that inspection activities, including extraordinary inspections, may be based on these proposals and recommendations. With regard to enforcement, the Committee notes the information provided by the Government on the violations detected and penalties imposed in its report on the Labour Inspection Convention, 1947 (No. 81), and refers to its comment under that Convention and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

The Committee also notes the Government’s indication in reply to its previous request under Convention No. 187 that, in addition to the provision of information to public administration authorities relating to inspection activities, employees of regional labour inspectorates give lectures on OSH or employment relationships to trade unions, regional economic chambers and municipal authorities and cooperate in the development of training materials. The Committee takes note of this information.

Article 4(3)(e) of Convention No. 187. Research. Application in practice. The Committee notes the observation of the ČMKOS concerning the personnel shortage at the Research Institute for OSH and the Department responsible for OSH at the MoLSA between 2008 and 2013. The Government indicates that it took note of this issue. The Committee requests the Government to provide further comments on the observation of the ČMKOS.

Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. The Committee notes the Government’s indication that the creation and implementation of a functional system of accident insurance is one of the seven priorities of the National Action Programme on OSH 2015–16 and that there is tripartite cooperation for the development of legislation on this matter. The Committee requests the Government to provide further information on the progress made in this regard.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and in the informal economy. The Committee notes the Government’s indication in reply to its previous request that, during the period from 2011 to 2014, labour inspection was particularly focused on enforcing the applicable legislation in SMEs and providing advisory services to these enterprises. The Committee requests the Government to provide further details on the activities of the labour inspectorate in this regard, including relevant extracts from labour inspection reports. It also requests the Government to provide information on any other measures taken for the progressive improvement of OSH in SMEs.

National preventive safety and health culture and the consideration given to principles set out in relevant ILO instruments

Article 3(3) of Convention No. 187. Development of a national preventive safety and health culture. The Committee notes the Government’s indication in reply to its previous request that the Research Institute for OSH and the SLIO publish and disseminate information on good practices and that the Research Institute’s website contains information on employers’ and workers’ rights and duties with regard to OSH. The Committee also notes that the MoLSA and SLIO “Safe Enterprise” programme contributes to the promotion of occupational risk prevention and the safety at work culture with the participation of workers and employers. The Committee notes this information.

Article 2(2) and (3) of Convention No. 187. Consideration given to the principles set out in relevant ILO instruments in the progressive development of the national system and measures to ratify relevant OSH Conventions. The Committee notes the Government’s indication that it is building on the general principles of Convention No. 187 and other international instruments for advancing OSH. Furthermore, the Government indicates that in 2014 it agreed with the social partners on a review process of non-ratified ILO Conventions with a view to their possible ratification. The Committee notes the Government’s indication that the review process initiated in January 2015 should include the Asbestos Convention, 1986 (No. 162), the Chemicals Convention, 1990 (No. 170), the Prevention of Major Industrial Accidents Convention, 1993 (No. 174), the Safety and Health in Agriculture Convention, 2001 (No. 184), and the Protocol of 2002 to the Occupational Safety and Health Convention, 1981. The Committee requests the Government to continue providing information on the review process.

Article 14 of Convention No. 155. Inclusion of OSH issues at all educational levels. Application in practice. The Committee notes that the ČMKOS observes that the Methodological Guidelines of the Ministry of Education, Youth and Sports to ensure safety and health of children and students in schools (No. 37 014/2005-25) are outdated and that no decree has been issued in application of section 29(2) of the Education Act (No. 561/2004 Coll.). The Government replies that the legislation and the Methodological Guidelines have so far been considered adequate to serve this purpose. In relation to Article 14 of the Convention, the Committee notes that the Guidelines appear to contain useful instructions concerning the education of pupils and students about the use of protective equipment, first aid and the principles of safe behaviour in light of potential risks.

Action at the level of the undertaking

Article 3(2) of Convention No. 187. Promotion and advancement at all relevant levels of the right of workers to a safe and healthy working environment. In its previous comment, the Committee noted the reference to the workers’ rights set out in section 106 of the new Labour Code. It notes the Government’s reply to its previous request concerning the action taken in practice to promote and advance the right of workers to a safe and healthy environment at all levels.