In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos. 115 (radiation protection), 155 (OSH), 161 (occupational health services), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No.155)

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Action at the national level

Article 2(3) of Convention No. 187. Measures to ratify relevant OSH Conventions. Following its previous comment, the Committee notes the Government’s statement in its report that it does not have further information regarding the possible ratification of other OSH conventions. The Committee requests the Government to provide information on any measures envisaged to consider measures that could be taken to ratify relevant OSH conventions in the future.

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. Following its previous comment, the Committee notes the Government’s indication that the National OSH Policy adopted in 2003 has been continuously updated since, serving as the basis for the biennial national programme. The Government Council on OSH was established in 2003 as the tripartite advisory body for the assessment, review and implementation of the National OSH Policy. Basic priorities and objectives of the National OSH Policy include the prevention of occupational hazards, identification, assessment and management of occupational risks, protection of specific vulnerable groups and education and training, among others. The Committee notes the Government’s information which addresses its previous request.

National system

Article 4(3)(e) of Convention No. 187. Research. The Committee notes that research and development is one of the basic priorities identified by the National OSH Policy and the National OSH Action Programme (2019–20). The Committee requests the Government to provide further information on the measures taken to implement National OSH Actions Programmes in this regard, in accordance with the targets and indicators determined, including those to ensure sufficient resources and personnel for relevant research institutes.

Article 4(3)(g) of Convention No. 187. Collaboration with insurance and social security schemes covering occupational injuries and diseases. Following its previous comment, the Committee notes the Government’s indication that compensation for industrial accidents and occupational diseases is regulated in the Labour Code (sections 269–275) and in the Civil Code (sections 2894–2971), and that subsequent legislative and technical changes have been made in a number of other legal provisions and regulation since 2015. The Committee requests the Government to provide further information on the role of insurance and social security systems in the compensation related to occupational accidents by virtue of relevant provisions of the Labour Code and the Civil Code, and to provide information on collaboration between the compensation system and authorities responsible for OSH.

Article 4(3)(h) of Convention No. 187. Mechanisms for the progressive improvement of OSH conditions in microenterprises, small and medium-sized enterprises (SMEs) and in the informal economy. Following its previous comment, the Committee notes the Government’s information on measures taken for the progressive improvement of OSH in SMEs, in particular regarding informative and consultative activities. The Government indicates that such activities have increased knowledge of OSH good practice guidelines, as well as procedures leading to the optimization of working conditions and a safe working environment, without compromising the performance of work. These initiatives have helped SMEs both to cope with the obligations arising from their legal responsibilities and to take preventive measures. The Committee notes the Government’s information which addresses its previous request.

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 Government’s indication that, based on the National Policy, the National OSH Action Programme is prepared by the Government Council for the OSH with the participation of social partners and submitted to the Government for adoption every two years. Specific medium-term and short-term tasks are part of each National OSH Action Programme. The Committee also notes that the most recent Programme available online is for the period of 2019–20 and is divided into seven basic priorities: (i) ensuring the financing of the OSH system; (ii) prevention of occupational health risks; (iii) Occupational medical services; (iv) rehabilitation after work-related accidents and occupational diseases; (v) safety and health protection of children, pupils and students; (vi) research and development; and (vii) education, awareness and promotion. The Committee requests the Government to provide information on the National OSH action programmes adopted since the 2019–20 programme. It requests the Government to provide information on the results of the evaluation of the most recent Programme, including whether the targets have been met in accordance with the timelines set, the challenges and good practices identified, as well as how such results contribute to the formulation of the National OSH Action Programme for the next period.

Occupational Health Services Convention, 1985 (No. 161)

Article 5(h) of the Convention. Vocational rehabilitation. Following its previous comment, the Committee notes the Government’s indication regarding measures to create optimal conditions for the inclusion of persons with disabilities in the labour market, within the framework of the National Plan for the Promotion of Equal Opportunities for Persons with Disabilities 2021–25. It also notes the Government’s reference to section 80 of Act No. 435/2004 on employment regarding cooperation between occupational health services and employers in relation to the individual adaptation of workplaces for persons with disabilities. The Committee further notes that Decree No. 79/2013 Coll. was amended by Decree No. 452/2022 Coll. to delete provisions regarding counselling for vocational rehabilitation as a function of occupational health services from section 2(b) of that Decree. The Committee requests the Government to provide further information on any measures taken or envisaged in law and practice to ensure that occupational health services contribute to the vocational rehabilitation of workers.

Article 5(f). Surveillance of workers’ health. Following its previous comment, the Committee notes the Government’s indication that the Amendment to Act No. 373/2011 Coll. on specific health services (Act No. 202/2017) resulted in changes in relation to the provision of occupational health services, by simplifying procedures for issuing medical assessments, and reducing the administrative and economic burden for persons involved, including employees, jobseekers and employers, as well as health service providers. In addition, the Government indicates that allowing the provision of occupational health services by a provider other than the one contracted by the employer increases the supply of these services, while simplifying access to these services for the employers concerned. The Government further indicates that the new legislation enables employer to fulfil their legal obligation to ensure the provision of occupational health services to their employees. The Committee notes the Government’s information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Mines Convention, 1995 (No. 176)

Article 3 of the Convention. National policy on safety and health in mines. The Committee notes the Government’s indication that the State Mining Administration carries out a regular annual evaluation of the OSH situation in the mining sector and produces an annual report. It also notes that, as provided for by section 40(6)(a) of Act No. 61/1988 Coll. on mining activities, explosives and the State Mining Administration, the State Mining Administration develops an OSH policy in consultation with social partners. The Committee requests the Government to provide information on how section 40(6)(a) of Act No. 61/1988 Coll. is implemented in practice regarding the development of an OSH policy in mining sector in consultation with social partners.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 6(2) and 7. Appropriate levels for workers under the age of 18. Review of permissible doses in the light of current knowledge. The Committee previously noted that workers younger than 18 years were prohibited from working with sources of ionizing radiation, except for persons aged between 16 and 18 years of age for the sole purpose of vocational training (section 5(1)(e) and 5(4)(d) of Decree No. 180/2015). It noted in this respect that section 21(1) of Decree No. 307/2002 set the maximum permissible doses for apprentices and students aged between 16 and 18 as follows: an effective dose of 6 mSv in a year, the equivalent dose to the lens of the eye of 50 mSv in a year, and an equivalent dose for the skin area of 150 mSv in a year. The Committee requested the Government to provide information on measures taken to reduce the equivalent dose to the lens of the eye from 50 mSv per year to 20 mSv per year for workers aged between 16 and 18. In this respect, the Committee notes with interest that section 5(3) of Decree No. 422/2016 Coll. provides that, for pupils and students between 16 and 18 years of age who have to work with a source of ionising radiation during their studies, the dose limit for the lens of the eye has been reduced to an equivalent dose of 15 mSv. The Committee notes the Government’s information which addresses its previous request.