Some Of The Changes In Connection With The Adoption Of Inspection Work.

Original Language Title: změny některých z. v souvislosti s přijetím z. o inspekci práce

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=60219&nr=253~2F2005~20Sb.&ft=txt

253/2005 Sb.



LAW



of 3 July 2003. in May 2005,



amending certain laws in connection with the adoption of the law on

labour inspection



Change: 138/2006 Sb.



Change: 264/2006 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on the State vocational safety surveillance work



Article. (I)



Act No. 174/1968 Coll., on State specialized supervision of work safety,

as amended by Act No. 576/1990 Coll., Act No. 159/1992 Coll., Act No.

47/1994 Coll., Act No. 71/2000 Coll., Act No. 128/2000 Coll., Act No.

151/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.

362/2003 Coll. and Act No. 435/2004 Coll., is amended as follows:



1. The preamble is deleted.



2. the title of section 1 is repealed.



3. in article 1, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph

2.



4. section 2 is added:



"§ 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 State professional supervision organizations. ".



5. the title of section 3 is repealed.



6. In section 3, paragraph 3. 1 and 2, the words "organs and" shall be deleted.



7. in section 3, paragraph 3. 2 (b)):



"(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 the Interior or the Department of State,

that is established to carry out the tasks of the Ministry of the Interior, and on technical

a device subject to surveillance under special legislation of the State

the Office for nuclear safety, ".



8. In section 3, paragraph 3 shall be deleted.



9. section 4 to 6, including footnote No 3 shall be deleted.



10. In section 6a of paragraph 1. 1, the words "paragraph. 2 ' shall be deleted.



11. in paragraph 6b of the paragraph. 1 comma after the second sentence, the word "electric" is replaced by

the word "and", the words "and in the nuclear power sector" shall be deleted.



12. in section 6 c of paragraph 1. 1 (b). a), the words "and reserved devices in nuclear

the energy sector also the opinion about the whether during the design and

construction safety requirements of such equipment "shall be deleted.



13. in section 6 c of paragraph 1. 1 (b). (b)), the words "and reserved devices in nuclear

energy, ' and the words ' shall ensure that, in specific cases, tests,

revision, repair, installation or servicing of reserved technical equipment

performed only by natural persons who are competent and in

specific cases are also the holder of the certificate ' shall be deleted.



14. in section 6 c of the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (c)), which read as follows:



"(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. ".



15. The heading above paragraph 7 is hereby repealed.



16. in paragraph 7, the words "bodies and words" authorities "and" shall be deleted.



17. in Section 7a of the paragraph. 1 the words "organs and" shall be deleted.



18. in section 7b of the paragraph. 1 (b). (b)), the words "manufacture" and "and" are deleted.



19. the annex to the Act No. 174/1968 Coll., is hereby repealed.



PART TWO



Amendment to the Employment Act



Article II



Act No. 435/2004 Coll., on employment, as amended by law No 168/2005 Sb.

and Act No. 202/2005 is amended as follows:



1. In paragraph 125, the number "4" is replaced by "3".



2. In paragraph 126 of paragraph 1. 1 (b). and) the words "with the exception of working conditions

resulting from legal regulations to ensure safety and protection

health at work ^ 60), "including the footnote No. 60 shall be deleted.



3. In article 126, paragraph 2 shall be deleted.



Paragraphs 3 to 5 shall become paragraphs 2 to 4.



4. section 127, including footnote # 62:



"§ 127



For the purposes of this Act shall be deemed legal under labour legislation

employment legislation and legislation on the protection of employees in the

the employer's insolvency ^ 62).



62), for example, Act No. 118/2000 Coll., on the protection of employees in the payment

the inability of the employer and amending certain laws, as amended by law

No 436/2004 Coll. ".



5. In section 130 is at the end of the following sentence "issuing the licence and withdrawing

Ministry. ".



6. In § 139 paragraph 2. 1 (b). a), the words "or other labor

the rules "shall be deleted.



7. In § 139 paragraph 1, point (c)) shall be deleted.



Subparagraph (d)), and (e)) shall become points (c) and (d)).)



8. In § 139 paragraph 2. 2 (a)) shall be deleted.



Subparagraph (b)) to d) are known as a) to (c)).



9. In § 139 paragraph 2. 2 (a). and) the words "do not adapt working conditions and

the working environment for the employment of people with disabilities "

shall be deleted.



10. In article 139, paragraph 5 shall be deleted.



The present paragraph 6 becomes paragraph 5.



11. In article 139, paragraph 5 is added:



"(5) for the offense



and) referred to in paragraph 1 (b). and) and in accordance with paragraph 2 (a). a) and b) can be

impose a fine of 1 000 000 Eur,



(b)) referred to in paragraph 1 (b). (b)), and (c)) can be fine to 2 000 000 CZK



c) pursuant to paragraph 1. (d) impose a fine to a), can be 5 000,-



(d) under paragraph 2 (b)). (c) impose a fine to a can) 500 000 CZK



e) referred to in paragraphs 3 and 4, you can impose a fine of up to $ 10,000. ".



12. In § 140 para. 1 (b). a), the words "or other labor

the rules "shall be deleted.



13. in § 140 para. 1 at the end of subparagraph (c)) the following the word "or".



14. in § 140 para. 1, point (d)) shall be deleted.



Letter e) is renumbered as paragraph (d)).



15. In § 140 para. 2 (a)) shall be deleted.



Subparagraph (b)) to d) are known as a) to (c)).



16. in § 140 para. 2 (a). and) the words "do not adapt working conditions and

the working environment for the employment of people with disabilities "

shall be deleted.



17. in paragraph 140, paragraph 3 reads:



"(3) for the administrative offence can impose a fine on a legal person in the



1 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). a) and

in accordance with paragraph 2 (a). and) and (b)),



(b) 2 000 000 Czk), in the case of an administrative offence referred to in paragraph 1 (b). b), c)

and (d)),



c) 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). c).".



PART THREE



cancelled



Article. (III)



cancelled



PART FOUR



Amendment of the Act on the prevention of major accidents



Article IV



Act No 353/1999 Coll. on the prevention of major accidents caused by

selected hazardous chemical substances and chemical preparations and on the

Amendment of the Act No. 425/1990 Coll., on district offices, edit their

the scope of and about some of the other related measures, in

as amended, (the Act on the prevention of major accidents), in

amended by Act No. 258/2000 Coll., Act No. 320/2002 Coll. and Act No.

82/2004 is amended as follows:



1. in section 16 (f)):



"(f)), the labour inspection authorities".



2. in paragraph 21, the words "professional supervision over the safety of work and

technical equipment "shall be replaced by the words" labour inspection ".



3. in footnote 18, the words "Act No. 174/1968 Coll., on

the State safeguards the professional work, as amended

regulations "are replaced by the words" Act No. 251/2005 Coll., on labour inspection ".



4. in section 22 para. 4 and 5, the words "professional supervision over the safety of the work

and technical equipment "shall be replaced by the words" labour inspection ".



PART FIVE



Amendment of the Act on the protection of public health



Article. In



Act No. 258/2000 Coll., on the protection of public health and amendment to certain

related laws, as amended by Act No. 254/2001 Coll., Act No.

273/2001 Coll., Act No. 13/2002 Coll., Act No. 76/2002 Coll., Act No.

86/2002 Coll., Act No. 120/2002 Coll., Act No. 309/2002 Coll., Act No.

320/2002 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll., Act No.

362/2003 Coll., Act No. 167/2004 Coll., the Act No. 326/2004 Coll., Act No.

562/2004 Coll. and Act No. 127/2005 Coll., is amended as follows:



1. In section 4, paragraph 4. 1, after the words "provide for the holder of the certificate of

accreditation ^ 4a) ", the words" the holder of a certificate of good

laboratory activities ^ 4 c) ".



Footnote No. 4 c is added:



"4 c) § 7 para. 1 (b). (b)) Decree No 293/2002 Coll., on charges

waste water discharge into surface waters. ".



2. In article 6 (1). 3 (b). (b)), after the words "provide for the holder of the certificate of

accreditation ^ 4a) ", the words" the holder of a certificate of good

laboratory activities ^ 4 c) ".



3. In § 89 paragraph 1. 1 the letter g) including footnote # 53:



"g) labour inspection authority ^ 53) in connection with the investigation of the working

accident,



53) Act No. 251/2005 Coll. on inspection work. ".



PART SIX



Amendment of the Act on road transport



Čl.VI



In section 37 of Act No 111/1994 Coll. on road traffic, as amended by Act No.

304/1997, paragraph 2, including footnote # 9 is added:



"(2) the authority of the Labour Inspectorate checks the fulfilment of the conditions laid down in this

by law, if it relates to the safety of the work ^ 9).



9) Act No. 251/2005 Coll. on inspection work. ".



PART SEVEN



Amendment to the Trade Licensing Act



Article. (VII)



In section 3 of Act No. 455/1991 Coll., on trades (trade licensing

Act), as amended by Act No. 283/1995 Coll., paragraph 3 of the letter n) including

footnote # 22b:



"the performance of the labour inspection, n) ^ 22b),



22B) Act No. 251/2005 Coll. on inspection work. ".



PART EIGHT



Amendment of the Act on public health insurance



Article. (VIII)



In § 55 para. 4 of Act No. 48/1997 Coll., on public health insurance, and

amending and supplementing certain related laws, the words "are


the authorities of the State of vocational safety surveillance work and technical

the devices ' are replaced by the words "labour inspection authority".



PART NINE



Amendment of the law on the armed forces of the United States



Article. (IX)



In § 7 para. 1 of Act No. 219/1999 Coll., on the armed forces of the United

Republic, letter d) including footnote No. 6 reads as follows:



"(d)) performs a State technical supervision of designated technical devices and

the safety of their operation. A supervised means



1. supervision of compliance with the safety of the intended technical equipment



2. supervision of documentations and technology designated technical

safety devices intended for technical installations,



3. the issue of training and binding opinions, whether in planning,

design, manufacture, Assembly, operation, servicing, repair, maintenance and

review of designated technical devices fulfils the safety requirements

designated technical devices,



4. examination of professional competence for installation, repairs, revisions and

tests the specified technical equipment



5. examination of professional competence, the activities of natural persons

designated technical devices,



6. examination of the eligibility of the prototypes designated technical devices to

operation.



The law on technical requirements for products, this is without prejudice to ^ 6).



6) Law No. 22/1997 Coll., on technical requirements for products and amending

and additions to certain laws, as amended. ".



PART TEN



Amendment of the Act on social security and a contribution to the State

employment policy



Article. X



Act No. 589/1992 Coll., on social security and the contribution of the

the State employment policy, as amended by Act No. 10/1993 Coll.

Act No. 160/1993 Coll., Act No. 308/1993 Coll., Act No. 42/1994 Coll.

Act No. 241/1994 Coll., Act No. 58/1995 Coll., Act No. 118/1995 Coll.

Act No. 152/1995 Coll., Act No. 160/1995 Coll., Act No. 113/1997 Coll.

Act No. 138/1997 Coll., Act No. 306/1997 Coll., Act No. 18/2000 Coll.

Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll.

Act No. 220/2000 Coll., Act No. 242/2000 Coll., Act No. 492/2000 Coll.

the Act No. 353/2001 Coll., the Act No. 261/2002 Coll., Act No. 309/2002 Coll.

Act No. 361/2003 Coll., Act No. 424/2003 Coll., Act No. 425/2003 Coll.

Act No. 441/2003 Coll., Act No. 186/2004 Coll., Act No. 283/2004 Coll.

Act No. 359/2004 Coll., Act No. 435/2004 Coll. and Act No. 168/2005

Coll., is amended as follows:



1. in section 21 para. 1 (b). and the word "competent)" and the words "and the protection of

health at work "shall be deleted and the words" vocational safety surveillance "

replaced by the words "labour inspection".



2. in section 21 para. 1 (b). (c)), the word "appropriate" and the words "and the protection of

health at work "shall be deleted and the words" vocational safety surveillance "

replaced by the words "labour inspection".



PART ELEVEN



Change of the Atomic Act



Article. XI



Act No. 18/1997 Coll. on peaceful uses of nuclear energy and

ionizing radiation (the Atomic Act), and amending and supplementing certain

laws, as amended by Act No. 82/1998 Coll., Act No. 71/2000 Coll., Act

No 132/2000 Coll., Act No. 13/2002 Coll., Act No. 312/2002 Coll., Act

No. 320/2002 Coll., Act No. 279/2003 Coll., Act No. 186/2004 Coll. and

Act No. 1/2005, is hereby amended as follows:



1. In paragraph 2 (a). I) after the word "nuclear" the words "and technical".



2. in section 2, at the end of the period is replaced by a comma and the following letter LV),

added:



"nn) technical security capability of the selected device in the activities

associated with the use of nuclear energy under the refrain from jeopardising the

the conditions of its operation on human health and property throughout its

service life and ensure the continued compliance with the technical requirements, which are

contained in the implementing regulation or other binding technical

the specification for the selected device. ".



3. In article 3, paragraph 3. 2 (a). a), the words "radiation protection and emergency

preparedness "shall be replaced by" radiation protection, emergency

preparedness and technical safety of selected devices ".



4. In article 3, paragraph 3. 2 at the end of the period is replaced by a comma and the following

the letters w and x)), including footnotes # 2a shall be added:



"w) sets out the technical requirements to ensure technical safety

the selected device



x) in agreement with the administrative authority checks the activities of persons authorized

under special legislation ^ 2a).



2A) Act No. 22/1997 Coll., on technical requirements for products and on the

amendments to certain laws, as amended. ".



5. in paragraph 4, the following new paragraph 4a and 4b, which including the titles and notes

footnote # 2b:



"§ 4a



Ensuring the technical safety of the device



(1) any person who produces the selected devices that are specially the proposed

for a nuclear device, is required to ensure the conformity of these

the device in the manner and to the extent laid down in the implementing regulation;

the implementing law provides a way to specify these devices and

technical requirements for them.



(2) the obligations referred to in paragraph 1 shall also apply to importers of selected

devices that are specially designed for nuclear facilities, with the

except in cases where the selected device corresponds to in the State in which the

made,



a) technical regulations for nuclear installations, which are for the production of

This device binding



(b)) technical standards or rules of practice intended for nuclear

the device, which are issued by the national standardisation body or

entity on an equal footing, built him



(c)), the international technical standards for nuclear facilities justifiably

used in that State, or



d) production methods used in accordance with their legislation

for nuclear installations, for which there is a sufficiently detailed technical

documentation to ensure that this device may be for the purpose of

the use of assessed, if necessary, on the basis of any additional testing

the device,



If these technical regulations, technical standards, codes of good practice

or how to guarantee protection for the legitimate interest of the

This protection in the Czech Republic.



§ 4b



Conformity assessment



(1) the selected devices that are specially designed for nuclear

the device can be used in nuclear power to their assessment of the

a legal entity that is entrusted with the procedure laid down in the specific

^ 2b) law (hereinafter the "authorized person"). Authorized

a person carries out the assessment of conformity of the equipment with the technical requirements

the procedures laid down in the implementing regulation.



(2) the costs associated with the activities of a notified body in the conformity assessment

shall be borne by the person who asked about this activity.



(3) if there are no activities in the conformity assessment of the selected device

the technical requirements are secured by a notified body,

fulfilment of its tasks the Office.



2B) section 11 of Act No. 22/1997 Coll., as amended. ".



6. in section 17(2). 1 at the end of the period is replaced by a comma and the following

the letter m) is added:



"m) to ensure the technical safety of the device selected in the service in

accordance with the implementing regulation. ".



7. In § 39 para. 4 at the end of the text of the letter b), the words "and

technical requirements for technical safety of the selected devices ".



8. In § 39 para. 4 (b). (c)), the words "physical protection" the word "and"

replaced with a comma at the end of the text, the words "and the technical

safety of equipment ".



9. § 47 para. 7, after the words "the", the words "4.0 4a, 4b,".



Article. (XII)



Transitional provisions



1. State expert supervision over the safety of reserved technical

regarding the technical equipment in the nuclear power industry launched

before the date of entry into force of this Act pursuant to Act No. 174/1968 Coll.,

the State safeguards the professional work, as amended

the laws of the State, organizations, professional supervision, completes the State Office for

nuclear safety.



2. Organization of the executing State technical safeguards

dedicated technical facilities in the nuclear power sector shall forward to the

documentation relating to the privileges and the certificate referred to in point 1

The State Office for nuclear safety within 1 month from the entry into force of

of this Act.



PART TWELVE



Amendment of the Act on service relationship of members of security forces in the staff



Article. XIII



In section 86 of the Act No. 361/2003 Coll., on the service of members of the

security forces, the following paragraph 3 is added:



"(3) the Supervision over the safety of the members in the performance of services shall be exercised by the



and the police of the Czech Republic), the fire brigade of the United

Republic, the security information service and the Office for foreign relations

and the Ministry of information,



(b)) the customs administration of the Czech Republic, Ministry of finance



(c)) of the prison service of the Czech Republic, the Ministry of Justice. ".



PART THIRTEEN



Amendment of the Act on the amendment of the laws relating to the adoption of the law on the staff

service relationship of members of security forces



Article. XIV



Law No 361/2003 Coll., amending the laws relating to the adoption of the

the Act on service relationship of members of security forces the staff regulations, as amended by


Act No. 186/2004 Coll., Act No. 283/2004 Coll., Act No. 359/2004 Sb.

and Act No. 626/2004 Coll., is part of the fourteenth repealed.



PART OF THE FOURTEENTH



cancelled



Article. XV



cancelled



Article. XVI



cancelled



PART FIFTEEN



The EFFECTIVENESS of the



Article. XVII



This Act shall take effect on 1 January 2000. July 2005.



Fort Worth Star Telegram in r.



Paroubek in r.