The State Safeguards The Professional Work

Original Language Title: o státním odborném dozoru nad bezpečností práce

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=31297&nr=174~2F1968~20Sb.&ft=txt

174/1968 Coll.



LAW



of 20 December 1968



the State safeguards the professional work



Change: 576/1990 Coll.



Change: 159/1992 Sb.



Change: 47/1994 Coll.



Change: 71/2000 Sb.



Change: 124/2000 Sb.



Change: 151/2002 Coll., 320/2002 Coll.



Change: 436/2004 Sb.



Change: 253/2005 Sb.



Change: 189/2008 Sb.



Change: 223/2009 Sb.



Change: 341/2010 Sb.



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§ 1



State technical supervision over the safety of reserved technical equipment

the Organization of the State is exercised by professional supervision, established exclusively for the

this purpose by the Ministry of labour and Social Affairs. ^ 1) if it is established

multiple organizations, national professional supervision, defining their scope

The Ministry of labour and Social Affairs in their establishment.



§ 2



The Organization of the State professional supervision are subordinate to the Government

labour inspection. The Minister of labour and Social Affairs, appoints and removes the

the Director of the national organization of professional supervision.



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§ 3



(1) the scope of the Organization of the State professional supervision shall apply to

all legal entities (hereinafter referred to as "the Organization") and to natural persons

engaged in business activities with regard to the operation of this

activities (hereinafter referred to as "entrepreneurial natural persons").



(2) the scope of the Organization of the State professional supervision shall not apply



and the activity of the workplace) and according to the technical device subject to the

the supervisory authorities of the specific provisions of the State Mining Administration,



(b)) on the technical devices, subject to supervision by the specific provisions

authorities in the defence, transport and information technology, on objects, with which it is

the farm Ministry of Internal Affairs, Department of State,

that is established to carry out the tasks of the Interior Ministry, or General

inspection of security forces and of the technical device subject to the according

special legal regulation of surveillance of the State Office for nuclear

safety,



(c)) on the technical devices, before placing them on the market, if they are

the conformity assessment provided for by a special Act, ^ 1b) if

Government Regulation, issued for its implementation, provides otherwise.



§ 4



cancelled



§ 5



cancelled



§ 6



cancelled



§ 6a



(1) the organisation of the State professional supervision pursuant to § 1 for the surveillance

over the safety of reserved technical equipment



and training and binding) opinions on whether they are in

the design, construction, manufacture, Assembly, operation, servicing, repair work,

maintenance and revision of reserved technical equipment requirements

the safety of technical equipment



(b)) in specific cases be carried out inspections, controls and evaluate the

a test that will certify whether the dedicated technical facilities and

the materials used for their construction, comply with the requirements of the laws of the

ensure the safety of technical equipment; in specific cases,

confirm the successful test results,



(c)) in specific cases, examine the competence of the organizations and

entrepreneurial natural persons to manufacture, install, repair, revision,

tests of reserved technical equipment and to lling and

issued by them permission to do so,



d) poll the competence of individuals for testing, revisions,

repairs, installations or operating a dedicated technical equipment and

be issued to them, about the certificate.



(2) officials of the Organization of the State professional supervision are

authorized to enter into the space organization and the operating space

entrepreneurial natural persons for the purpose of carrying out surveillance and to its

implementation require the necessary documents, information, and the creation of conditions.



(3) the Organization of the State carried out activities under professional supervision

paragraph 1, the fees laid down by the implementing regulation issued

The Ministry of labour and Social Affairs in agreement with the Ministry of

finances.



(4) permission to manufacture, Assembly, repair, revision, exams, reserved

technical installations and to lling also arises under paragraph 3

the mere lapse of the time limit and in the manner referred to in section 28 to 30 of the law on freedom of

movement of services ^ 1 c).



§ 6b



(1) Dedicated technical equipment are devices with increased

threat to the health and safety of persons and property, which are subject to the supervision of the

under this Act. It is the technical device of pressure, lifting,

electric and gas.



(2) according to the degree of hazard is a dedicated technical facilities

into classes or groups and the method of examination of vocational

eligibility of organizations, natural persons-entrepreneurs and natural persons

the activities on these devices.



§ 6 c



(1) the Organization and entrepreneurial natural persons



and) ensure commissioning and operation of a dedicated

technical installations, security measures and the implementation of the surveys,

revision and examinations in specified cases; in the manufacture of reserved

pressure equipment not covered by the existing regulation on them, the Government issued

for the implementation of such a law, ^ 1b)



(b)) can be fitted, correct, carry out inspections and tests of reserved

technical equipment, perform and produce gas container pressure

the device does not apply on them a valid government issued to

the implementation of such a law, ^ 1b) only if they are competent and

they are holders of permission under section 6a of paragraph 1. 1 (b). (c)),



(c)) shall ensure that, in specific cases, exams, revision, repair,

installation or servicing of reserved technical equipment exercise only

natural persons who are competent, and in specific cases

they are also the holder of the certificate.



(2) prerequisites for professional competence and entrepreneurial organizations

individuals are the necessary technical equipment and professional capacity

their workers.



(3) the assumptions of the professional competence of the individuals referred to in paragraph 1

(a). (c)) are



and) reaching the age of 18,



(b)) medical fitness according to special regulations, ^ 6)



(c) the prescribed qualifications,)



(d)) the period of practice in the field,



(e) a certificate under section 6a) paragraph. 1 (b). (d)), where they carry out inspections and tests

dedicated technical equipment, repair, installation of gas

device 1. class or operation of reserved pressure equipment-boilers.



(4) a certificate to the activities on dedicated technical devices released

the Organization of the State professional supervision is valid for five years from the date of

release.



(5) the recognition of professional qualifications referred to in paragraph 1 (b). (c))

a natural person has obtained in another Member State of the European Union, other

Contracting State to the agreement on the European economic area or in a

The Swiss Confederation, proceed according to the law on the recognition of professional

qualification ^ 5a). Certification authority is the Ministry of labour and social

things. Before the start of the temporary or occasional activity on the

the Czech Republic is a natural person, who is entitled to exercise

a similar activity in the Member State of the European Union, another Contracting State

The agreement on the European economic area or the Swiss Confederation,

The Ministry of labour and Social Affairs, the professional qualifications of the

verifies ^ 5b).



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§ 7



The Organization of the State professional supervision shall cooperate with the competent

trade unions and the Central Trade Union bodies, with the appropriate credit

authorities and organisations, cooperatives, employers ' and

the cadastral communities, with the relevant Central, local and

other State administration authorities and inform them of the measures to eliminate

defects detected during their activities. All of these authorities and organisations

Government organizations are required to provide professional supervision to the

request documents and information necessary for the performance of this supervision.



Section 7a



(1) the staff of the organizations of the State professional supervision are required to

maintain the confidentiality of the facts, which they learned in

connection with the performance of the activity under this Act, and before the entry into

space organisations and natural persons engaged in business premises

inform the operator.



(2) for damage caused to workers referred to in paragraph 1 when the activity

under this Act corresponds to the State; This responsibility cannot

exempt.



section 7b



(1) the Ministry of labour and Social Affairs decree



and) provides that the technical equipment in the scope of the authorities and organisations

State professional supervision (section 3) shall be regarded as reserved, and at the same time

determine their classification into classes or groups,



(b)) provides for more conditions placed on reserved technical equipment,

When it comes to their level of safety, location, installation, repair,

operation, inspection, review, test and operational documentation,



c) specifying the assumptions relating to the competence of the Organization

and self-employed individuals in terms of the necessary technical

the equipment and competence of their workers and to establish arrangements for

examination of professional competence,



d) specifying the assumptions relating to the competence of individuals

people in terms of the prescribed qualifications and professional experience in the field of time and

provides a way of examining their professional competence.



(2) the Permission of the Ministry of labour and Social Affairs to lay down by Decree

pursuant to paragraph 1, the conditions imposed on the safety of the more reserved

technical equipment according to § 6b before placing them on the market can be used,


just does not apply to them, the Government issued the current regulation for the implementation of

Special Act. ^ 1b)



§ 7 c



cancelled



§ 8



(1) are hereby repealed:



and) section 13 and 14 of Act No. 67/1960 SB., on the production, distribution and

the use of combustible gases (gas laws), as amended by law no 64/1962

SB.



b) Decree-Law No 53/1952 Coll., on ensuring the safety and

the economy of operation of certain technical devices,



(c) the Decree of the Ministry of agriculture), forest and water management no.

114/1962 Coll., on State specialized supervision of technical condition of machinery

used in agriculture and the safety and health at work

with these machines.



(2) the scope of authorities in the field of supervision of the safety and

technical installations, carried out so far under the provisions referred to in

paragraph 1 shall be transferred to the institutions established under this Act.



§ 9



This Act shall take effect on 1 January 2000. January 1969.



Freedom in the r.



Smrkovský in r.



Ing. Černík in r.



XIII.



cancelled



Selected provisions of the novel



Article. (II) Law No 223/2009 Sb.



Transitional provision



The proceedings initiated before the date of entry into force of this law, and to this

the day the unfinished completes and the rights and obligations related to

assessed according to the existing legislation.



1) § 31 of the law of the Czech National Council No. 576/1990 Coll., on rules

management of the budgetary resources of the United States and municipalities in the Czech

Republic (Republic budget rules), as amended by the law of the Czech

the National Council no 579/1991 Coll., Act of the Czech National Council No. 166/1992

Coll., Act of the Czech National Council No. 321/1992 Coll., Act of the Czech national

Council No. 10/1993 Coll. and Act No. 189/1993 Coll.



1B) section 12 of Act No. 22/1997 Coll., on technical requirements for products and

amending and supplementing certain acts, as amended by law No 71/2000 Sb.



1 c) Act No. 222/2009 Coll., on the free movement of services.



5) Act No. 71/1967 Coll., on administrative proceedings (administrative code).



5A) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

some nationals of other States and on amendments to certain acts (the Act on

recognition of professional qualifications), as amended.



5B) section 36b of law No 18/2004 Coll., as amended.



6) § 6 para. 1 of Act No. 20/1966 Coll., on the health care of the people, as amended by

amended.



Directive of the Ministry of health no. 49/1967, Journal of the Ministry of

Health on the assessment of medical fitness to work (registered

in the amount of 2/1968 Coll.), as amended.