Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Czechia (Ratification: 2008)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.155 and C.187, C.161 and C.115

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.

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

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s first report on the application of the present Convention and the availability of relevant laws and regulations on line as well as other documents. The Committee also notes the information provided in the context of the Government’s reporting on other Conventions on occupational safety and health it has ratified, including in particular, the Occupational Safety and Health Convention, 1981 (No. 155).

Articles 2(1) of the Convention. Continuous improvement of occupational safety and health; 3(1): National Policy; 4(1): National system; 5(1): National programme; 5(2)(c): Analysis of the situation in the country; and 5(2)(d): Targets and indicators of progress. The Committee notes the information available regarding the occupational safety and health (OSH) system in the country, and welcomes the information regarding the formulation and implementation of a national OSH policy and programmes, the establishment of a national system and the regular consultations held with the social partners in these contexts in, inter alia, the Government Council for Occupational Safety and Health Protection. Based on the information provided, the systems approach, which is the focal point of the Convention, appears to be well applied in the country. The Committee notes, however, the limited information provided regarding the evaluation of past performance and the methodology used for the periodical review of the national policy, for the maintenance and progressive development and periodical review of the national system and the monitoring, evaluating and periodical reviewing of the national programme to ensure that such an evaluation informs and contributes to generating the continued and progressive improvement of occupational safety and health in the country as prescribed, inter alia, in Article 2(1). The Committee would particularly appreciate detailed information regarding targets and indicators of progress used in the country. The Committee requests the Government to provide further information on the practical application of the referenced provisions and on targets and indicators of progress, and requests the Government to keep the Committee informed of any changes in the national policy and programme and make copies available to the Committee thereof.

Article 2(2) and (3). Taking into account principles in relevant ILO instruments in the progressive development of the national system. The Committee notes the information provided that the provisions of ILO instruments and other documents are usually taken into account during the preparation of legislation and political programs. The Committee also notes that the Czech Republic has already ratified eight of the ILO OSH Conventions including the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that no further details are provided regarding measures taken to ratify other relevant ILO Conventions. Recalling the Governing Body plan of action to achieve widespread ratification and effective implementation of key instruments in this area, the Committee requests the Government to provide further details regarding the application of Article 2(2) and (3) of the Convention including, in particular, with respect to the 2002 Protocol to Convention No. 155.

Article 3(2). Action taken to promote and advance workers’ rights to a safe and healthy working environment. The Committee notes with interest the legal expression “workers’ rights” in relation to safety and health as found in section 106 of the Labour Code (Act No. 262/2006 Coll.) which came into effect on 1 January 2007. The Committee requests the Government to provide further information on the practical implementation of national legislation giving effect to Article 3(2) at the national, regional and enterprise or other levels.

Article 3(3). Developing a national preventative safety and health culture that includes information and training. The Committee notes the emphasis placed in the national policy, and otherwise, to questions related to information and training. The Committee also notes the information provided that the promotion and dissemination of information on good practice has been identified as an area that requires improvement. The Committee requests the Government to provide further information on measures taken to improve the dissemination of information on good practice.

Article 4(2)(a). Laws and regulations. The Committee notes that Act No. 309/2006 Coll., to ensure further occupational safety and health protection conditions, as amended, includes numerous provisions calling for implementing legislation. The Committee requests the Government to provide further information on the development of relevant legislation including on implementing legislation to Act No. 309/2006 Coll. and to make available relevant legislation once it has been adopted.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided regarding the different enforcement mechanisms in the country including the information available regarding activities of the trade unions in relation to inspection. The Committee requests the Government to provide further information on how it ensures that the different enforcement mechanisms cooperate in fulfilling their tasks to ensure compliance with the national provisions giving effect to the Convention.

Article 4(3)(g). Collaboration with insurance and social security schemes covering occupational injuries and diseases. The Committee notes that the report is silent in this respect. The Committee requests the Government to provide further information on how this provision is applied in the country.

Article 4(3)(h). Support mechanisms for OSH in small and medium-sized enterprises. The Committee notes the information that one of the medium-term priorities of the national programme for 2009–16 includes the implementation of a risk prevention culture in small and medium-sized enterprises. The Committee requests the Government to provide further information on the practical implementation of this priority and the results obtained in this respect.