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 the title of section 1 is repealed.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 the title of section 3 is repealed.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.
