238/2016 Coll.
DECREE


Dated 20 July 2016

Establishing a list of activities prohibited for pregnant members up,
members up to the ninth month after childbirth and those from that breastfeeding


Ministry of the Interior in agreement with the Ministry of Finance, Ministry of Justice
, the intelligence services and the Ministry of Health
determined in accordance with § 85 para. 4 of the Act no. 361/2003 Coll., On the service of members of security forces
:

§ 1

This Decree implements the relevant regulations of the European Union ^ 1) and
following the directly applicable legislation of the European Union ^ 2) provides
activities and places of work that are prohibited for pregnant
members up, members up-mothers up to nine months after giving birth and those from
who are breastfeeding.

§ 2

(1) Pregnant members up activities are prohibited

A) Risk ^ 3), except

First activities classified under other legislation governing
categorization of jobs; 4) as a risk factor for mental
load according to the criteria for service in the night

Second activities referred to in subparagraph l), where can a pregnant policewoman
demonstrated immunity against biological agents that comes when the
Business account, and

Third activities for which the conditions for their exercise provides
legislation governing the use of nuclear energy and ionizing radiation

B) requiring the use of breathing apparatus,

C) carried out large muscle groups with a predominant component
dynamic muscle work under other legislation regulating
conditions of health protection at work ^ 5)

First where permitted minute energy expenditure exceeds
14.5 kJ / minute and mean shift energy output exceeds 3.4 MJ

Second associated with manual handling of loads whose weight at occasional
handling exceeds 10 kg or 5 kg frequent handling,

Third inning in which the cumulative weight of the load manually
exceeds 2000 kg at an average shift,

Fourth performed sitting down, with frequent lifting or carrying the burden
weighing more than 2 kg

Fifth related to the working position and to express deep crouch, kneeling
squatting, lying down, standing on tiptoe, with their hands above shoulder height, with
rotation of the torso or the bow of the hull by more than 10 degrees, in the case of recurring
working operations

6th combined with the pressure on the abdomen

7th where you can not adjust the parameters of the job considering
anthropometric changes in body

8th work performed in the standing position or sitting with a predominance of static
ingredients work without the changes

9th associated with the transport of loads using a simple unpowered
means in which it is undertaken pulling force of 115 N or compressive force
exceeding 160 N,

D) performed in Forcing the pace ^ 5)

E) where they could be exposed pregnant policewoman shock ^ 6)

F) associated with exposure to the total horizontal or vertical vibration
^ 6), exceeding the permissible exposure limit reduced by 10 dB

G) associated with exposure to chemicals or chemical mixtures
signified standard special risk
according to another law regulating chemicals or chemical mixtures
^ 7) or hazard statements by directly || | applicable legislation of the European Union ^ 2)

First causing acute or chronic poisoning with heavy or irreversible health effects
s by R 23, R 24, R 25, R 26, R 27, R 28 or R 39
or combinations or phrase R 68 in combination with by R 20, R
21 or R 22 or phrase R 48 in combination with phrases R 23, R 24 and R 25 or
with phrases H300, H301, H310, H311, H330 or H331 or || | combinations or phrases H370, H371 or H372,

Second classified as a carcinogen category 1, 2 or 3 with phrases R 45, R
49 or R 40 or carcinogen category 1A, 1B or 2 sentences H350, H351 or H350i
,

Third classified as mutagen category 1, 2 or 3 with phrases R46 or R68
or germ cell mutagen category 1A, 1B or 2
sentences H340 or H341,

Fourth toxic for reproduction effect on the unborn child Category 1, 2 or 3
with phrases R61 or R63 or categories 1A, 1B or 2 sentences
H360, H360D, H360FD, H360FD, H360Df, H361, H361d or H361fd,


Fifth sensitizing respiratory or skin with phrases R 42 or R 43
or combinations thereof, or with phrases H334 or H317,

H) associated with exposure to other chemicals or chemical mixtures
not mentioned in the letter g), if not on the basis of the evaluation of health risks
ruled that there is no damage to the health of the pregnant
members or fetus || |
I) the production of pharmaceuticals and veterinary products containing hormones, antibiotics or other
highly biologically active substance if not
on the basis of health risk assessment ruled that there is no damage to the health of the pregnant policewoman
or fetus ,

J) the production of cytostatic or antimitotic drugs, their preparation for
injection, its implementation or when treating patients
treated with cytostatic or antimitotic drugs

K) associated with exposure to hardwood dusts with carcinogenic effects ^ 5)

L) associated with exposure to rubella, other biological agents of groups
2-4 ^ 5), classified as hazardous ^ 3) or zoonotic toxoplasmosis,
if you can not prove a pregnant policewoman immunity against biological agents
that arrive at a given work into account.

(2) Pregnant members up are further prohibited activity

A) the production and processing of explosives or explosive articles during handling
^ 8)

B) when exposed to the collapse of structures, buildings or falling objects,

C) at heights above 1.5 meters, above free depth exceeding 1.5 m or
continuous surface whose inclination to the horizontal plane is 10 degrees or greater,

D) to the facilities of high electrical voltage

E) taking care of animals requiring special care by another
legal regulation governing the determination of animal species requiring special care
^ 9)

F) related to animal breeding by another law
governing the work organization and work practices when working
related to animal breeding ^ 10)

G) during the slaughter of animals at slaughterhouses

H) performed in the space sealed containers or tanks

I) when treating patients placed in closed psychiatric wards
,

J) mining underground.

(3) Pregnant members up is forbidden to perform the service in places where

A) the pressure is higher than the ambient atmospheric pressure by more than 20
kPa

B) the concentration of oxygen in the atmosphere is less than 20% vol

C) are exceeded maximum levels of non-ionizing radiation
set for the population to other legislation governing the protection
health from the effects of non-ionizing radiation ^ 11)

D) health risk assessment by the director of the security forces
exposure to chemical substances or mixtures or biological agents
groups 2-4 may endanger their health or the health of the fetus.

§ 3

Members up-mothers until the end of the ninth month after childbirth are prohibited
activities and places of service mentioned

A) of § 2 para. 1 point. a) in the case of high-risk work with vibrations or
risk work in the heat and cold stress,

B) of § 2 para. 1 point. b) c) paragraphs 1-6 and paragraph 8, point. d) and e)

C) of § 2 para. 2

D) of § 2 para. 3 point. a) and b).

§ 4

(1) those from Nursing prohibited activities and places of work

A) specified in § 2 para. 1 point. g), j) and k) and paragraph. 2 point. j)

B) with chemicals or chemical mixtures harmful to health
infants through breast milk denoted by R 64 or
H362,

C) with chemicals or chemical mixtures toxic for reproduction
having an effect on fertility denoted by R 60 or R 62 or
combinations or with phrases H360, H360F, H360FD, H360FD, H360Df, H361, | || H361f or H361fd.

(2) those from Nursing are further prohibited activities and place of
services, where, according to health risk assessment of the safety director
corps exposure to chemicals or chemical mixtures
may endanger their health or the health of the infant.

§ 5

Repealed:

First Decree no. 432/2004 Coll., Laying down the list of prohibited activities
members up pregnant, members up to the ninth month
after birth and those from which breastfeeding.

Second Decree no. 658/2004 Coll., Amending Decree no. 432/2004 Coll.

Establishing a list of activities prohibited for pregnant members up,
members up to the ninth month after childbirth and those from which
breastfeeding.

§ 6
Efficiency


This Decree shall take effect on the date of its publication.
Minister
:


Chovanec vr
1) Council Directive 92/85 / EEC of 19 October 1992 on the introduction of measures
for improving the safety and health at work of pregnant workers and workers
recently given birth or are breastfeeding
(tenth Directive within the meaning of Article. 16 paragraph. 1 of Directive 89/391 / EEC) in
amended by the European Parliament and Council Directive 2007/30 / EC of 20 June 2007
Directive of the European Parliament and Council Directive 2014/27 / EU of
26th February 2014.

Directive of the European Parliament and Council Directive 2006/54 / EC of 5 July
2006 on the implementation of the principle of equal opportunities and equal treatment
men and women in matters of employment and occupation.

2) Regulation of the European Parliament and Council Regulation (EC) no. 1272/2008 of 16
December 2008 on classification, labeling and packaging of substances and mixtures, amending and repealing Directives
67/548 / EEC and 1999/45 / EC, and amending Regulation (EC) No.
1907/2006, as amended.

3) § 39 par. 1 of Act no. 258/2000 Coll., On public health protection and
amending certain related laws, as amended by Act no. 13/2002 Coll.

4) Decree no. 432/2003 Coll., Laying down the conditions for classifying
work into categories, limit values ​​of biological exposure
tests, sampling conditions of biological materials for biological exposure tests
and requisites for reporting work with asbestos and biological agents
, as amended.

5) Regulation no. 361/2007 Coll., Laying down the conditions for protection
Health at Work, as amended.

6) Decree no. 272/2011 Coll., On health protection against adverse
effects of noise and vibration.

7) Act no. 350/2011 Coll., On chemical substances and mixtures, and amending certain laws
(Chemical Act), as amended.

8) For example, Act no. 61/1988 Coll., On mining, explosives and
State Mining Administration, as amended, Act no. 83/2013
Coll., On the labeling and traceability of explosives for civilian use,
Regulation of the European Parliament and Council Regulation (EC) no. 1272/2008.

9) Decree no. 411/2008 Coll., On defining animal species requiring special care
, as amended by Decree no. 205/2011 Coll.

10) Decree no. 27/2002 Coll., Laying down
way of organizing work and working procedures that the employer is obliged to ensure for
work related to animal breeding.

11) Decree no. 291/2015 Coll., On health protection against non-ionizing radiation
.