Ordinance On Disabled Work And Workplaces

Original Language Title: vyhláška o zakázaných pracích a pracovištích

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=84391&nr=180~2F2015~20Sb.&ft=txt

180/2015 Sb.



DECREE



of 9 June. July 2015



on work and workplaces which are prohibited to pregnant workers,

workers who are breastfeeding, and workers-mothers by the end of the ninth

months after the birth, on work and workplaces that are prohibited

youthful employees and the conditions under which minors

staff exceptionally do such work because of training

(Ordinance on disabled works and workplaces)



The Ministry of health shall lay down pursuant to § 238 paragraph 1. 1 of law No.

262/2006 Coll., the labour code, as amended by Act No. 365/2011 Coll., and in

the agreement with the Ministry of industry and trade and the Ministry of education,

Youth and sports referred to in § 246 para. 2 Act No. 262/2006 Coll.

the labour code, as amended by Act No. 365/2011 Coll.:



§ 1



This Decree incorporates the relevant provisions of the European Union ^ 1) and in

following the directly applicable European Union regulation ^ 2) modifies the



and) work and workplaces which are prohibited to pregnant workers,

workers who are breastfeeding, and workers-mothers by the end of the ninth

months after giving birth,



(b)) work and workplaces which are prohibited to minors of employees and

the conditions under which they may, exceptionally, these young employees work

take place because of the training.



§ 2



(1) pregnant workers are prohibited to work



and risk) ^ 3), with the exception of



1. the works listed under other legislation governing

Marshal work to categories ^ 4) as a risk factor for mental

the load according to the criterion of work at night time,



2. the works referred to in point (a) l), if you can for pregnant workers

to demonstrate immunity against biological agents, that comes at a given

work into account, and



3. the work for which the conditions for their exercise of the laws of the

governing the use of nuclear energy and ionizing radiation,



(b)) which requires the use of insulating breathing apparatus,



(c)) carried out by the large muscle groups with the prevailing dynamic

component of muscle work under other legislation governing

conditions for the protection of health at work ^ 5),



1. in which minute allowable energy expenditure exceeds 14.5

kJ/minute and the average shift energy expenditure exceeds 3.4 MJ,



2. associated with the manual handling of load, the weight of intermittent

handling exceeds 10 kg or 5 kg, frequent



3. where the cumulative weight of the shift of the burden of manually manipulovaného

exceeds 2 000 kg at an average shift



4. performed while sitting, associated with frequent lifting or carrying the burden of

weighing more than 2 kg,



5. related to the working position and to express in a deep forward, kneeling,

in a squatting position, lying down, standing on tiptoe, with their hands above shoulder height, with the

a rotation of the torso or the bows and the hull by more than 10 degrees, in the case of recurring

the work tasks,



6. associated with pressure on my stomach,



7. in which you cannot edit the parameters of the working space having regard to the

anthropometric changes of the body,



8. the work carried out in the standing or sitting with a predominance of static

work folders without the possibility of amendments,



9. associated with the transport of the load by using a simple bezmotorového

resource, which is undertaken 115 N tractive force or push the power

more than 160 N,



(d)) carried out by the forced pace ^ 5),



(e)) which could be exposed to shock ^ 6)



(f)) associated with exposure to the overall horizontal or vertical

vibration ^ 6), exceeding the permissible exposure limit is reduced by 10 dB,



g) associated with exposure to chemicals or chemical mixtures

called the standard phrases indicating the special risks

under other legislation governing chemical substances or

chemical mixtures ^ 7) or standard phrases about the hazards by directly

of the applicable legislation of the European Union ^ 2)



1. causing acute or chronic poisoning with severe or irreversible

effects for health with the risk phrases R 23, R 24, R 25, R 26, R 27, R or R 39 28

or their combinations or with R 68 in combination with risk phrases R 20, R

21 or R 22 or R 48 in combination with risk phrases R 23, R 24 or R

25 or with sentences H300, H301, H310, H311, H330 or H331 or their

combinations or with sentences H370, H371 or H372,



2. classified as carcinogen category 1, 2 or 3 with the risk phrases R 45,

R or R 40 49 or carcinogen category 1A, 1B or 2 sentences H350,

H350i or H351,



3. classified as mutagen category 1, 2 or 3 with the risk phrases R 46 or

R 68 or germ cell mutagen category 1A, 1B or 2 with

sentences or H340 H341,



4. toxic for reproduction with effect on the unborn child category 1,

2 or 3 sentences R R 61 or 63, or a category 1A, 1B or 2 sentences

H360, H360D, H360FD, H360Fd, H360Df, H361d, or H361fd H361,



5. sensitizing the respiratory system or the skin with the risk phrases R 42 and/or R 43

or their combinations or with sentences H334 or H317,



h) associated with exposure to different chemicals or chemical mixtures

not referred to in point (g)), if not on the basis of the evaluation

health risks to exclude that there is no damage to the health of pregnant

the employee or the fetus,



and in the production of pharmaceuticals or) veterinary preparations, containing hormones,

antibiotics or other biologically highly active substance, if you are unable to

the basis of the evaluation of the health risks to exclude that there is no damage to the

the health of pregnant workers, or the fetus,



(j)) in the production of anti-cancer agents or antimitotických medications, their preparation for

injection, in its implementation or for the treatment of patients

patients treated with chemotherapy or antimitotickými medicines,



to) associated with exposure to hardwood dusts with carcinogenic effects of ^ 5),



l) associated with exposure to rubella virus, other biological factors

groups of 2 to 4 ^ 5) classified as risk ^ 3) or agents of toxoplasmosy,

If you cannot for pregnant workers to demonstrate immunity against biological

factors that comes when the work in question.



(2) pregnant workers are further prohibited work



and) the manufacture and processing of explosives or explosive articles and when

handling ^ 8),



(b)) when risk of the collapse of construction, buildings or falling objects,



(c)) at altitudes above 1.5 m, above free depth exceeding 1.5 m or

contiguous area whose inclination from the horizontal is 10 degrees and greater,



d) high voltage,



(e)) for the treatment of animals requiring special care in another

the legal rules relating to the determination of the types of animals that require

Special care ^ 9),



(f)) related to the holdings under other legislation

adjusting method of work organization and working practices at work

related to the rearing of animals ^ 10),



(g)) at slaughter of animals in slaughterhouses



h) performed in the workspace of the sealed containers or tanks,



I) for the treatment of patients placed in closed psychiatric

departments,



j) mining underground.



(3) it is prohibited to pregnant workers to work in the workplace, where



and air pressure) is higher than the surrounding atmospheric pressure of more than 20

KPA,



(b)) is the concentration of oxygen in air is less than 20% by volume,



(c)) are exceeded the maximum permitted levels of non-ionizing radiation

laid down for the population of other legislation governing the protection of

effects of non-ionising radiation health from ^ 11),



d) according to the evaluation of the health risks of exposure to chemicals by the employer

substances or mixtures or biological agents of groups 2 to 4 may

endanger their health or the health of the fetus.



§ 3



(1) who are breastfeeding are prohibited work and workplaces



a) referred to in § 2 (2). 1 (b). g), (j)), and (a)) 2 (a). (j)),



(b)) with chemicals or chemical mixtures of substances harmful to infants

through breast milk known phrases R 64 or H362,



(c)) with chemicals or chemical mixtures of toxic for reproduction

with effect on fertility known phrases R 60 or R 62 or their

combinations or with sentences H360, H360F, H360FD, H360Fd, H360Df, H361,

H361f or H361fd.



(2) who are breastfeeding are further prohibited work and workplaces where

According to the evaluation of health risks employer exposure to

substances or mixtures may endanger their health or the health of infants.



§ 4



Workers-mothers by the end of the ninth month after childbirth are prohibited

work and workplaces referred to



and) in section 2 (2). 1 (b). a), as regards the risk of working with vibration or

the risk of working in heat or cold stress



(b)) in section 2 (2). 1 (b). b), c) points 1 to 6 and 8, subparagraph (a). (d)), and (e)),



(c)) in section 2 (2). 2,



(d)) in section 2 (2). 3 (b). a) and (b)).



§ 5



(1) Minors are prohibited employees work



and risk) ^ 3),



(b)) which requires the use of insulating breathing apparatus,



(c)) carried out by the large muscle groups with the prevailing dynamic

component of muscle work under other legislation governing

conditions for the protection of health at work ^ 5),



1. where the limits are exceeded energy expenditure

for girls or boys,



2. associated with the manual handling of load, the weight of intermittent

handling exceeds 20 kg for boys or frequent handling 15 kg,


in girls when the occasional handling of 15 kg or frequent handling 10

kg,



3. where the cumulative weight of the shift of the burden of manually manipulovaného

exceeds 5 500 kg for boys and for girls 4 000 kg at an average shift



4. performed sitting down boys, associated with frequent lifting and carrying

the burden of weighing more than 4.5 kg, or girls weighing more

than 2.5 kg,



5. associated with the transport of the load by using a simple bezmotorového

resource, which is undertaken when you boys pulling force greater than 150 N

or push the power higher than 200 N or where girls undertaken

tractive force higher than 115 N or pusher force greater than 160 N,



(d)) carried out by the forced pace ^ 5),



e) sources of ionizing radiation ^ 11),



(f)) associated with exposure to chemicals or chemical mixtures

called the standard phrases indicating the special risks

under other legislation governing chemical substances or

chemical mixtures ^ 7) or standard phrases about the hazards by directly

of the applicable legislation of the European Union ^ 2)



1. causing acute or chronic poisoning with severe or irreversible

effects for health with the risk phrases R 23, R 24, R 25, R 26, R 27, R or R 39 28

or their combinations or with R 68 in combination with risk phrases R 20, R

21 or R 22 or R 48 in combination with risk phrases R 20, R 21, R 22, R

23, R 24, R 25 or with R 33 or with sentences H300, H301, H310, H311,

H330 or H331 or their combinations or with sentences H370, H371, H372

or H373,



2. classified as carcinogen category 1, 2 or 3 with the risk phrases R 45,

R or R 40 49 or carcinogen category 1A, 1B or 2 sentences H350,

H350i or H351,



3. classified as mutagen category 1, 2 or 3 with the risk phrases R 46 or

R 68 or germ cell mutagen category 1A, 1B or 2 with

sentences or H340 H341,



4. toxic for reproduction category 1, 2 or 3 with the risk phrases R 60 or R

61, 62 or 63 R R or a category 1A, 1B or 2 sentences H360, H360D,

H360f, H360FD, H360Fd, H360Df, H361d, H361f, or H361fd H361,



5. sensitizing the respiratory system or the skin with the risk phrases R 42 and/or R 43

or their combinations or with sentences H334 or H317,



6. corrosive with the risk phrases R 34 or R 35 or R, with the sentence



7. irritant with the phrase R 41 or causing serious damage to the eyes with the sentence

R,



8. harmful with R 65 or dangerous when inhaled with

the phrase H304,



9. as liquids with the risk phrases R 11 R 12 or with flammable liquids

category 1 or 2 sentences H224 or H225, flammable gases category 1

or 2 with the sentence or H221, H220 with aerosols category 1 with the sentence H222,

spontaneously reacting substances and mixtures of type A, B, C or D with sentences

H240, H241 or 242, explosives, unstable explosives category with

the phrase H200 or explosives to subclass 1.1 with the sentence with the phrase H201, 1.2

H202, 1.3 with the sentence with the phrase H203, H204 1.4 or 1.5 with the sentence or H205

organic peroxides, type A or B with H240, H241 sentence or



g) associated with exposure to hardwood dusts with carcinogenic effects of ^ 5),



(h)) in the manufacture of pharmaceuticals and veterinary preparations, containing hormones,

antibiotics or other biologically highly active substances



I) in the production of anti-cancer agents or antimitotických medications, their preparation for

injection, in its implementation or for the treatment of patients

patients treated with chemotherapy or antimitotickými drugs.



(2) employees are further prohibited to minors work



and) the manufacture and processing of explosives or explosive articles and treatment

with them ^ 8),



(b)) at altitudes above 1.5 m, above free depth exceeding 1.5 m or

contiguous area whose inclination from the horizontal is 10 degrees and greater,



c) high voltage,



(d)) carried out in the area of sealed containers or tanks,



e) on devices for the manufacture, storage or use of compressed,

liquid or dissolved gases,



(f)) in which there is a risk the collapse of the construction works or the fall of objects,



g) for the treatment of animals requiring special care in another

the legal rules relating to the determination of the types of animals that require

Special care ^ 9),



(h)) at the slaughter of animals in slaughterhouses



I) barrels, canisters or similar containers that contain chemical

substances or chemical mixtures referred to in paragraph 1 (b). (f)).



(3) Minors prohibited employees work at the workplace, where



and air pressure) is higher than the surrounding atmospheric pressure of more than 20

KPA,



(b)) is the concentration of oxygen in air is less than 20% by volume,



(c)) are working with the source of ionising radiation,



d) according to the evaluation of the health risks of exposure to chemicals by the employer

substances or chemical mixtures or biological agents of groups 2 to 4

may endanger their health.



(4) the ban on the work of youthful employees shall not apply to work

which young employees preparing for the profession, if they are

carried out under the continuous professional supervision and organisation of the work, or

other measures is ensured sufficient protection of their health,



and) listed pursuant to paragraph 1. and as for the risk factors) burden

heat, cold, noise, vibration, or a working position, if the

the basis of the evaluation of the health risks to exclude that there is no damage to the

health,



b) referred to in paragraph 1 (b). (f)), paragraphs 7 and 8 (a). (h)), and (b). I),

If it can be based on the evaluation of health risks to exclude that

does not damage health.



c) referred to in paragraph 2 (a). b), c), (e)), g) and (h)),



d) referred to in paragraph 1 (b). e) and carried out under the conditions laid down

laws and regulations governing the use of nuclear energy and ionising

radiation, in the case of minors aged 16 to 18 years of age.



§ 6



The juvenile workers who are pregnant, breastfeeding or mother to

the end of the ninth month after childbirth, in addition to the prohibitions laid down in § 2, 3

or 4 apply also bans laid down in § 5 para. 1 to 3; the provisions of § 5

paragraph. 4 shall not apply.



§ 7



Decree 288/2003 Coll. laying down the work and workplaces that

are prohibited to pregnant women, lactating women, mothers until the end of the ninth

month after childbirth and youth, and the conditions under which minors

exceptionally, these works take place because of the training, is hereby repealed.



§ 8



This Decree shall take effect on the first day of the second calendar month

following the date of its publication.



Minister:



Mudr. Němeček, MBA, in r.



1) Council Directive 92/85/EEC of 19 December. 19 October 1992 on the introduction of measures

for the improvement of safety and health at work of pregnant

workers and workers who have recently given birth or are breastfeeding

(tenth directive within the meaning of article 16 (1) of Directive 89/391/EEC),

amended by Directive 2007/30/EC and 2014/27/EU.



Council Directive 94/33/EC of 22 December 2004. June 1994 on the protection of minors

workers.



European Parliament and Council Directive 2007/30/EC of 20 May 1999. June

2007 amending Council Directive 89/391/EEC, its individual directives

and Council Directive 83/477/EEC, 91/383/EEC, 92/29/EEC and 94/33/EC with a view to

simplifying and rationalising the reports on practical implementation, as amended by

directives 2007/30/EC and 2014/27/EU.



Directive of the European Parliament and of the Council/27/EU of 26 March. February 2014,

amending Council Directive 92/58/EEC, 92/85/EEC, 94/33/EC, 98/24/EC and

European Parliament and Council Directive 2004/37/EC with a view to bringing them into

accordance with Regulation (EC) no 1272/2008 on the classification, labelling and

packaging of substances and mixtures.



European Parliament and Council Directive 2006/54/EC of 5 July 2004. July

2006 on the implementation of the principle of equal opportunities and equal treatment for

men and women in matters of employment and occupation.



2) European Parliament and Council Regulation (EC) no 1272/2008 of 16 May.

December 2008 on classification, labelling and packaging of substances and mixtures, amending

and repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No.

1907/2006.



3) § 39 para. 1 of the law No. 258/2000 Coll., on the protection of public health and the

changes to some related laws, as amended by Act No. 13/2002 Coll.



4) Decree No. 432/2003 Coll., laying down the conditions for the classification

work in categories, limit values for biological exposure indicators

tests, the conditions of collection of biological material for the implementation of

biological exposure tests and requirements for the reporting of work with asbestos and

biological agents, as amended by Decree No. 107/2013 Coll.



5) Government Regulation No. 361/2007 Coll., laying down the conditions of protection

health at work, as amended.



6) Government Regulation No. 272/2011 Coll., on the protection of health from the adverse

effects of noise and vibration.



7) Act 350/2011 Coll., on chemical substances and chemical mixtures and

amendments to certain laws (legislation), as amended.



8) for example, Act 61/1988 Coll., on mining activity, explosives and

the State Mining Administration, as amended, law No. 83/2013

Coll., on the labelling and traceability of explosives for civil use.

European Parliament and Council Regulation (EC) no 1272/2008 on the classification,

labelling 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.




9) Decree No. 411/2008 Coll. laying down animal species requiring

Special care, as amended by Decree No. 205/2011 Coll.



10) Government Regulation No. 27/2002 Coll. laying down the method of organization

work and working practices, which the employer is obliged to ensure at

work related to the rearing of animals.



11) Government Regulation No. 1/2008 Coll., on the protection of health against non-ionizing

radiation, as amended by regulation of the Government No. 106/2010 Coll.