240/2009 Sb.
The DECREE
of 20 December. July 2009,
amending the Decree of the Czech Mining Authority No 26/1989 Coll., on
health and safety at work and safety in the
mining activities and in the activities carried out by using the
the surface, as amended
The Czech mining Office lays down pursuant to section 5 (3). 3 and § 6 (1). 6 of the Act of the Czech
the National Council No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, as amended by Act No. 542/1991 Coll.:
Article. (I)
Decree No. 26/1989 Coll., on safety and health at work and the
safety in mining activities and in the activities carried out by the
the mining way on the surface, as amended by Decree No. 340/1992 Coll.,
Decree No. 8/1994 Coll., Decree No. 236/1998 Coll., Decree No. 434/2000
Coll., Decree No. 142/2004 Coll. and Decree No 298/2005 Coll., amended
as follows:
1. the heading of section 2, including:
"§ 2
Interpretation of the terms
For the purposes of this Ordinance shall be deemed to
and the burden of excessive weight of the subject), whose weight exceeds the
load carrying capacity of transport routes and to whose carriage is necessary to adopt measures
pursuant to section 159, paragraph. 1 (a). (j)),
(b)), the burden of excessive dimensions of course, which transportation or
handling spaces cannot be honored on the route set out in this
the Decree,
(c) the burden of excess) long course loading area vehicle in the longitudinal
the direction so that the vehicle for the connection to the next vehicle must be used
auxiliary connection device, such as a handle, the chain,
(d) work in the mining space) of the Earth's crust, such as Groove, lom, created
mining activities or search, exploration and exploitation of deposits
non-reserved minerals. For mining work does not constitute a search and
exploration well,
e) mining, unwanted and uncontrolled fire burning; for mine fire
the process of spontaneous combustion, and from that stage where his
fumes are able to compromise the health or lives of people or when the temperature of the
flammable material could be the cause of the explosion,
(f)) work surface mining the quarry for extraction of minerals,
g) incident a serious work accident, fatal event, fatal
operational accident and dangerous condition,
h) label the ban, warning, or information expressed in sound,
light, mark, inscription or návěštním character in his position,
movement or colors,
I) technical protection devices or other devices to prevent accidents,
traffic accidents or malfunctions of the technical installations,
j) protective distance from the sources of threats to the distance between the
facilities and endangering the life or health of the resource persons, rotating,
moving or hot parts of the machine, parts of electrical equipment under the
voltage, etc., or the distance that must be maintained from the place where
risk of falling, or a risk of falling objects, dangers
inrush fo water and bahnin or zvodněných rocks or other hazards,
to deliberate and open fire) controlled burning; for open fire
considers that the development of heat or sparks, which is
the result of deliberately induced by physical or chemical processes or
processes and could cause a fire or explosion,
(l)) a substantial change on the large-scale excavator, modernisation or reconstruction
overhaul the giant machines that have resulted in changes to the performance or
technical parameters which may affect the safety or technical
the level of the giant machines, in particular, to change the dosahových change the parameters of the main
steel supporting structures, changing the protection and security
the device, change the drive travel, travel, change, and the extension
electrical equipment including signalling and public address
the device,
m) the use of machinery or equipment activity associated with running,
the operation, stopping, adjusting, transport, handling and maintenance
machines or equipment,
n) workplace space personnel for the performance of work activities
including technical devices in this space, that are associated with the specified
work activities,
about) the work associated with the increased danger of the work carried out under this
the Decree, which threatens to increase the risk of injury, for example,
work in places where there is danger of falling risk of falling materials
or subjects, the risk of bahnin or inrush fo water and zvodněných rocks
or other dangers, work which is mandated by the permanent supervision, and
the work of that organization so decides,
p) establishment built up or otherwise enclosed space in which the
built-in mechanical or electrical device or that is designed to
decommissioning of mobile machinery,
r) operationally file security system of measuring and control elements
including the necessary controls, or other parts of the device that
continuously or at specified intervals to check safe operation of
of the plant and ensure its shutdown for predetermined conditions
or for the State, which could cause damage to the device in the
as a result of exceeding or underrange the values set,
with the notch in the Groove) the Earth's crust, whose length exceeds its depth and
the width,
t) constant supervision for the continuous monitoring of work of workers and
the State of the workplace in which the worker specified organizations shall not
workers move away and do not employ anything other than supervision,
u) maintenance of equipment working towards maintaining the equipment in the
operationally safe. Maintenance of the equipment are prescribed
inspection, testing, inspection, revision and repair of the equipment, as well as the installation of the
and dismantling pieces of equipment to the extent necessary to carry out the surveys,
the tests, checks, inspections or repairs the device,
velkostroj backhoe digging in), bucket-wheel excavator, wheeled loader,
dump the machine and stacker, whose theoretical performance is greater than
630 m3. PM-1 bulk materials. ".
2. In section 4, the following paragraph 3 is added:
"(3) Holes, depressions, hollows and other places, where there is a risk
the fall of persons, shall be covered or submerged, or shall be made available to them
access. Hatches and covers must have the necessary load capacity and shall be equipped with
so that they cannot be unintentionally push or release. ".
3. In Section 4a shall be added to paragraph 12, which read:
(12) in the quarries, where they carry out work activities of other personnel also
organisations, must be placed with the information boards marking the objects and
showing the routes for driving and walking. "
4. In section 5, at the end of paragraph 1, the following sentence "to ensure the safe
and professional management of mining activities and the activities carried out by mining
way endorses the operational documentation racing quarry or the race. ".
5. In section 6 (1). 2, after the word "instructions", the words "to use ^ 5b)".
Footnote No. 5b:
"5b) point 1.7.4 of Annex No. 2 of the regulation of the Government No. 176/2008 Coll., on
technical requirements for the machinery.
Annex, point 1.0.6 No. 2 Government Regulation No. 23/2003 Coll., laying down
technical requirements for equipment and protective systems intended for use in
potentially explosive atmospheres ".
6. In article 6 the following paragraphs 6 and 7 are added:
"(6) the examination referred to in paragraph 5 shall also determine whether the cover sheet
or latticed grids floors of platforms are secured against inadvertent
slide, flip, and the oblique position and whether the cover sheet or
grids are nášlapně fixed. For platforms with external defects they find visually and
tap. The platforms, which are of welded construction, Visual
inspection checks push also the status of the welds of their load-bearing parts on
external defects. When the detection of external defects in the welds shall be carried out their inspection
using spectroscopy, for example. capillary method, whether the welds fail
the cracks.
(7) the surface of the sheet metal must be fluted or otherwise roughened. The status of the
wear camouflage sheets and mesh grids must be regularly
checked. ".
7. In section 18a is added at the end of paragraph 1, the sentence "the development
emergency plan and its changes in participates in relevant mining rescue
the station, if the collateral has been ordered for the workstation ^ 11a). ".
Footnote No. 11a is inserted:
"11a) section 7 (1). 1 and 4 of Act No. 61/1988 Coll. on mining activities,
explosives and the State Mining Administration, as amended. ".
8. § 19 including title and footnote No. 12, 13 and 13a is inserted:
"§ 19
The procedure for the Organization of emergency assistance
(1) this is a serious work-related injuries
athletically, and)
(b)) injury, which is a life-threatening injury with consequent loss of authority,
the anatomical or functional, life-threatening damage to health, including
industrial poisoning and injury with a character of the accident happening that
It was as a result of breach of the safety regulations, which at the same time
suggests a serious threat of safety and health at
the work,
(c)), which is the bulk-injury accident, in which at least three were injured
persons, of whom at least one has suffered mortal injury, or when the
injured more than 10 people.
(2) this is a serious event, significant operational accidents and dangerous
States, and it
and to podstavnících for driving) on the rope and on the mountain railways,
(b) delays the soil and landslides) rock walls, gas, water and průvaly
bahnin or zvodněných rocks in which there was a
1. the threat to the life and health of persons,
2. the threat to traffic safety, including the existing installations,
3. the threat to the public and other law protected interests, or
4. forced change in the technology of operation and way of management of mining works,
(c)) the forfeiture of persons, machines or equipment into the underground mine
or other underground area,
d) side leakage of harmful or dangerous gas from pipeline,
(e)) the search for missing persons,
(f) the death of a person in the building) or at the workplace, Enterprise,
g) leak of radioactive and other dangerous substances, loss of
radioactive sources and demonstrable leak closed sources,
(h)), a fire underground mining works and other underground spaces feature
on the surface, or fire on the surface within a radius of 60 m from the intersection
operated by the underground mine workings to the surface
I) breaking into a warehouse of explosives,
j) alienation and finding explosives.
(3) in addition to reporting serious event, fatal traffic accident and dangerous
the status, if they occur at
and handling of explosives), including accidents and přiotrávení fumes
emerging during the explosion, or
(b) the use of reserved technical equipment) including electric accidents
stream ^ 13a).
(4) the incidents referred to in paragraphs 1 to 3, is the Organization, in addition to
the obligations imposed on the special regulation 12) required ^ promptly
report to the relevant district mining authority ^ 13).
(5) the emergency organization is required to evaluate and register.
§ 6, paragraph 12). 3 (b). (b)) to (d)) of Act No. 61/1988 Coll.
Decree No. 447/2002 Coll. on reporting major events and dangerous
States, serious traffic accidents (accidents), serious accidents at work
and disorders of the technical equipment.
Regulation of the Government No. 494/2001 Coll., laying down the method of registration,
reporting and sending a record of accidents, accident record and the pattern circuit authorities
and institutions, which marks the work injury and forward the record of the accident.
section 105, paragraph. 2 of Act No. 262/2006 SB., labour code.
13) annex to the Act No 61/1988 Coll.
13A) Decree No 74/2002 Coll., on electrical devices.
Decree No 75/2002 Coll. on safety operation of electric engineering
equipment used in mining activities and the activities carried out by the
using mining techniques.
Decree No. 392/2003 Coll., on the safety of technical equipment and
about the requirements for dedicated technical equipment pressure, lifting and
gas in mining activities and the activities carried out in the manner of mining,
in the wording of later regulations. ".
9. section 20 including title and footnote No. 13b):
"section 20
The conservation status of the place of incident
(1) On the place where the incident occurred, do not change anything, as long as
the district mining Office has not made an inspection of the place or decided otherwise,
except when it comes to the rescue of stricken, or other
rescue work or safety. Changes required of other serious
the reasons can be made only with the consent of the district mining Office.
(2) on the site of the incident referred to in paragraph 1 takes organization
documentation, in particular a sketch, plan, photo ^ 13b).
13B) Decree No. 435/1992 Coll., on mining surveying in mining documentation
activities and certain activities carried out using mining techniques. ".
10. In § 21. 1 letter d) including footnote No. 13 c:
"(d)) the book of extraordinary events, which is also the book of accidents according to the
^ 13 c special legislation),
13 c) of section 105, paragraph 2, of Act No. 262/2006 SB., labour code.
section 1 of the regulation of the Government No. 494/2001 Coll. ".
11. section 32, including a title:
"§ 32
Technological process
(1) for surface mining, quarrying and mining for of water floating
machines, machines for extraction from the top and break rock blocks must be
technological procedure.
(2) technological procedure for quarrying must specify at least the
and the dimensions of the sections and widths) working platforms and the method of extraction and
waste management,
(b)) lead the heels the last skrývkového the cut before the first constriction
cut,
(c)) to the specification and other adjustments to the cut,
(d)) definition of synergy while carrying out work on the working
rigs,
(e)) when you change the báňskogeologických measures the conditions of mining and
adverse climatic conditions,
f) authentication method nezavalených underground mine workings and other
the underground space,
g) measures for the work in the fields with the possible occurrence of závalových
nezavalených underground mine tunnels and other underground spaces,
h) measures and the procedure for moving mining and loading machines,
I) way to unset and ensure machines at the time of stoppages,
(j)) and how to adjust the inclination of the end of the slopes,
to the workplace with the definition) scope of responsibility,
the minimum permissible distance l) machinery and equipment from the top edge of the
the lower slice
m) any additional measures that require the conditions of the workplace.
(3) technological procedure for mining and the extraction of water floating machine
must meet the requirements of paragraph 2 (a). (c)), e), (h)), i) to m) and further
to determine the
and the way to control and depth) of the relief of dna,
(b)) the way targeting the extracted area and seized an area within the time limits
According to the spending plan, the preparation and extraction or plan the use of bearings,
(c)) a safe distance from the shore floating equipment.
(4) the procedure for extraction machines above must meet the
the requirements of paragraph 2 and to further specify the
and how to create and width) of the working platform and create RAID
rozval,
(b)) lead the heels of machines due to the synergy with the transmission
means,
(c) the maximum permissible inclination of the RAID),
(d) the movement of the loading of the machine) the way to rozval,
e) permissible depth of range and distance of the loading of the machine from the top
the edges of the machines.
(5) technological procedure for break out of blocks of rocks must comply with the
the requirements of paragraph 2 (a). and), d), (h)), i) to m) and further specify the
and the security block of rock) against his movement collapsed or undesirable,
(b)) way to ensure the affected area fall part of rozpojeného block
against the entry of persons, with the exception of the worker performing their own break out
block,
(c)) the way the space rozlomu and measures to ensure
work safety and operation, as is the removal of unstable parts
fragment of the block, his hedge against unwanted movement, etc.
Tour leader performs. ".
12. In section 51 at the end of paragraph 1, the following sentence "the technological process
can be replaced with the project technical work under the Special
^ Regulation 21a), if this satisfies the requirements of paragraph 2. '.
Footnote No. 21a is inserted:
"21a) § 2 (b). (b)) Decree No. 369/2004 Coll., on the design, implementation
and evaluation of the geological work, notification of risk geofaktorů and
How to calculate stock exclusive bearings.
369/2004 Coll. ".
13. In paragraph 61. 2, after the word "water", the words "based on the
the average daily inflow for a minimum period of 5 years, with newly designed
the quarries of the hydrogeological survey and from the average value of daily
rainfall for the last 5 years ".
14. In § 64 paragraph. 1 at the end of the letter h) dot is replaced by a comma and
the following letter i), which read:
"i) how to attach the boards, anchoring the floating part of the pumping station,
fastening of the wiring and pipe and method of handling the floating part of the pumping
station. ".
15. In section 64 is at the end of paragraph 3, the dot is replaced by a comma and the following
the words "If a gas station is operated in automatic mode with the
remote control. In this case, the Organization shall determine in a production order
the method and frequency of the inspections. "
16. In article 69, paragraph 2, including the footnote No. 23a is inserted:
"(2) the documentation must address to ensure the safe operation of the ^ 23a)
and maintenance of equipment, and must also have a maximum permissible operating
the value of the equipment.
23A) section 3 of the Government Regulation No 378/2001 Coll., laying down more
requirements for the safe operation and the use of machines, technical installations,
equipment and tools ".
17. In section 69, paragraph 5 is added:
"(5) for all parts of the device, which does not allow manual handling and
they have to be transported, the documentation must be given their weight. U
the parts that have to be lifted with lifting equipment and which are not
structurally prepared for mounting the binding or the lifting
the resource must be specified in the schema binding. ".
18. In section 71, the following paragraph 4 is added:
"(4) if it is an automatic, remote controlled or controlled programmatically
the device is equipped with a recording device, must be traffic data and
device status kept for at least 72 hours. "
19. In article 79, paragraph 3, including the footnote No. 22a is inserted:
"(3) before first putting into service of a new giant machines, giant machines after
made significant change ^ 22a) and after the Assembly, renovation,
modernization and overhaul of giant machines is an organization required to
notify the district mining Office.
22A) section 12 of Act No. 22/1997 Coll., on technical requirements for products and
amending and supplementing certain acts. ".
20. In section 80 is at the end of paragraph 2 the following phrase "part of the device, which
It is possible to clean and lubricate the running, organizations in the operating
documentation, including the designation of the site and determine the tools and equipment to
the implementation of these activities. ".
21. In section 81, paragraph. 4, the second sentence shall be replaced by the phrase "after the termination of such
work and after unlocking the device checks the worker specified operating
documentation, the proper function of the device. ".
22. section 106 including title:
"the section 106
The use of large machines
Before the first of the new large machines into service or before the
giant machines after the substantial change in the operation must be carried out
check frequently the district mining authority. ".
23. In section 107, paragraph 2 reads:
"(2) after the end of the Assembly, renovation, upgrading, overhaul
or after making significant changes must be made on the large-scale excavator
his examination and the results of written records. ".
24. In § 109 paragraph. 2, § 110, paragraph. 1 (a). (f)), § 111 paragraph. 2, section 112, paragraph.
1 (a). (g)) and 116 (a) in the section. (f)), the word "permission" is replaced by
the "certificate".
25. section 115 is repealed.
26. In section 118 to the beginning of paragraph 3 the following sentence "Velkostroj must be
equipped with a anemometrem for measuring the wind speed with distance transmission
the measured data to the driver's cab or the dispatching organization. ".
27. In section 119 paragraph 2 is added:
"(2) On the large-scale excavator, which is operated by or přemisťován in places
the former underground mining or where there is a risk of his forfeiture,
the ladder must be, hemp rope and protective devices. The staff of the
must be trained in the use of these devices. The length and type of ladder,
the length and diameter of the rope and self-rescue devices shall determine the number of racing
the quarry. "
28. In section 123 paragraph 7 and 8 are added:
"(7) the machine shall be equipped with a 2 podkládacími wedges against driving, if
is not secured against its construction, re-tighten.
(8) on the rypadle and loaders, which are operated by or in
places of the former underground mining or where there is a risk to their
forfeiture, must be a ladder, hemp rope and protective devices.
Workers must be trained in the use of these devices. The length and
kind of a ladder, the length and diameter of the rope and the number of self-rescue devices
determine the race. ".
29. In section 134 paragraphs 2 and 3 are added:
"(2) Between the compressor and the vzdušníkem, if it is not directly connected to the compressor
the vzdušníkem, or between the compressor and the tlakovzdušným the divorce must be
shut-off valves.
(3) Between the shut-off valves and piston or screw compressor must
be the safety valve and the turbocharger and the rotation of the compressor rear
check valve and discharge valve, if the blower is not dealt with as
Compact. ".
30. In section 147 shall be added to paragraph 1, including the footnotes
No 53a is added:
"(1) Paths for walking, including staircases, sloping ramps, fixed
ladders and loading and unloading bays and ramps, must be chosen and
positioned to provide easy and safe access and to
There is no danger to persons staying on them or in their
close. Paths for walking shall be marked with a ^ 53a).
53A) Government Decree No. 11/2002 Coll., laying down the appearance and location of the
safety signs and signals, as amended by the introduction of the Government Regulation No.
405/2004 Coll. ".
Paragraphs 1 to 6 shall be renumbered as paragraphs 2 to 7.
31. In article 148, paragraph 2 reads:
"(2) bridges, ramps, walkways and scaffolding must be inspected at designated
the time limits, and the period for the control of a responsible person and provides for the
the organization. Scaffolding must see the foreman intended to explore
the workplace, and it's always before using the scaffold after nonworking
shift. ".
Article. (II)
Transitional provisions
1. this Decree was notified in accordance with the directive of the European
Parliament and Council Directive 98/34/EC of 22 December 2004. June 1998 on the procedure for the
the provision of information in the field of standards and technical regulations and legislation
for information society services, as amended by Directive 98/48/EC.
2. Permission issued in accordance with section 109 to 112 and section 116 of the Decree No. 26/1989 Coll.,
for the safety and protection of health at work and the safety in the
mining activities and in the activities carried out by using the
the surface, as amended, before the date of entry into force of this
the Decree shall be deemed the certificate pursuant to Decree No. 26/1989 Coll., in
the text of this Ordinance.
Article. (III)
This Decree shall take effect on 1 January 2005. October 2009.
Chairman:
Ing. Pěgřímek in r.
