On The Convention On The Safety And Health Of Workers And The Working Environment

Original Language Title: o Úmluvě o bezpečnosti a zdraví pracovníků a o pracovním prostředí

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=38014&nr=20~2F1989~20Sb.&ft=txt

20/1989 Coll.



Decree



Minister of Foreign Affairs



of 16 December 2002. February 1989



on the Convention on the safety and health of workers and the working environment (No.

155)



On 23 December 2005. June 1981 was on 67. meeting of the General Conference

The International Labour Organisation adopted the Convention on the safety and health of

workers and the working environment (No. 155). Ratification Of The Convention

The Czechoslovak Socialist Republic was registered on 2 February 2005. December

1988, Director General of the International Labour Office. According to article

24 paragraph 3 of the Convention for the Czechoslovak Socialist

Republic in force 2. December 1989.



Czech translation of the Convention shall be published at the same time.



Minister:



JUDr. Johanes in r.



Convention



on the safety and health of workers and the working environment



The General Conference of the International Labour Organization, which was convened

the Administrative Council of the International Labour Office in Geneva, and there met the day 3.

June 1981 at its 67. the meeting,



rozhodnuvši accept some assurances about the safety and health of

workers and the working environment, which are the sixth point of the rules

agenda of the meeting, and



stanovivši, that these proposals will take the form of an International Convention,



accepts 23 July. June 1981 this Convention, which will be referred to as

The Convention on the safety and health of workers, 1981.



Part I.



Scope of application and definitions



Article 1



1. this Convention applies to all branches of economic activity.



2. a Member State which ratifies this Convention may, after what the most common

consultation with the representative organisations of employers and

workers, partly or wholly exempt from its application the individual

sector of economic activity, such as. sea-going or catching fish,

If specific problems arise in the implementation of certain

the severity.



3. each Member which ratifies this Convention shall indicate, in the first

the report on the implementation of article 22 of the Constitution, submitted pursuant to the international

Organization of the work of all sectors, which he took out in accordance with paragraph 2 of this

Article, stating the reasons for such exclusion, and shall describe the measures taken by the

for adequate protection to workers in excluded sectors and in

the following lays out the progress reports was achieved for the purpose of

wider implementation.



Article 2



1. this Convention applies to all workers in industries

economic activity that involves.



2. a Member State which ratifies this Convention may, after consultation with

participating representative employers ' and workers '

partly or wholly exempt from its application the defined groups

workers in respect of which there are particular problems in the implementation.



3. each Member which ratifies this Convention shall indicate, in the first

report on its implementation, submitted pursuant to article 22 of the Constitution of the international

Organization of work, all the defined groups of workers that have been

exempted in accordance with paragraph 2 of this article, giving the reasons for such

the exemption in the following messages and lays out the progress that has been achieved in

the purpose of broader implementation.



Article 3



For the purposes of this Convention,



and) the term "branches of economic activity" covers all sectors where

workers are employed, including the public service;



(b)), the term "workers" covers all employed persons, including

public employees;



(c)), the term "workplace" covers all places where workers

located or where you are going because of their work and which are subject to

direct or indirect supervision of the employer;



(d)), the term "regulations" includes all the provisions to which the competent authority of the

or the competent authorities have given the force of law;



(e)), the term "health" in relation to work does not mean merely the disease-free status

or disability; It also includes the physical and mental elements affecting

health, which is directly related to health and safety at work.



Part II.



Principles of the national policy



Article 4



1. Each Member State shall, taking into account national conditions and

practice and after consultation with the most representative organizations

employers and workers has to establish, implement and periodically

přezkušovat the overall national policy on safety and

the health of workers and the working environment.



2. the objective of this policy is to be to prevent accidents and injury to health,

that arise as a result of or in connection with the work or during it, the

that will be reduced to the minimum possible causes of virtually risk

related to the working environment.



Article 5



Policy referred to in article 4 has to take account of these main areas

the activities affect the safety and health of workers and the working

environment:



and designing, testing,) the selection, replacement, position, layout,

use and maintenance of the physical components of the work (workplaces, working environment,

Tools, machines and tools, chemical, physical and biological substances and

agents, work processes);



(b) the material constituents of) the relationships between the work and the persons who carry out

work or supervise, as well as the adaptation of machines, tools,

working time, work organization and working procedures of the physical and

mental abilities of workers;



(c)) and other necessary education professional education, certification and

the motivation of the people involved in it in any way, in order to achieve

a reasonable level of safety and health protection;



(d) contacts and cooperation) at the level of working groups and of the undertaking, and on all

other appropriate levels, including the national level;



(e)) the protection of workers and their representatives from disciplinary measures against

their work carried out in good faith in accordance with the policy referred to in

Article 4 of this Convention.



Article 6



In establishing the policy referred to in article 4 is necessary to define the relevant

the functions and duties of public authorities, employers, workers and

other stakeholders in the field of safety and health of workers and

working environment taking into account the complementary nature of these

obligations and to national conditions and practices.



Article 7



At appropriate intervals it is necessary to examine the status of the safety and health of

workers and the working environment, either in the whole range or a specific

the area, in order to identify the most serious problems, establish effective

ways to control them, and the order of the measures to be taken, and

evaluate the results.



Part III.



Measures at the national level



Article 8



Each Member State shall by legislation or by other means

the corresponding national conditions and practice and after consultation with

participating representative employers ' and workers '

to take the measures necessary for the implementation of article 4.



Article 9



1. monitoring the implementation of the legislation on health and safety

workers and the working environment should be ensured by appropriate and adequate

a system of inspection.



2. system of supervision is to impose the appropriate penalties for violations of

legislation.



Article 10



Steps must be taken to provide guidance to employers and

workers, in order to help them to comply with legal obligations.



Article 11



For the purpose of implementation of the policy referred to in article 4 of this Convention, the competent

the authority or the authorities have gradually to ensure these tasks:



and) provide-where the nature and degree of hazard conditions require

for the design, construction and equipment of enterprises, their commissioning,

major reconstruction of the enterprises and changes in their destination, the safety of technical

the equipment used at work and the implementation of the procedure laid down by the competent

authorities;



(b)) to establish work procedures, substances and agents, for which it is to be

exposure of prohibited, restricted or subject to authorisation or control

the competent authority or competent authorities; It is necessary to take into account the

threats caused by current exposure to several substances or agents;



(c) establish and implement management) for the notification of occupational accidents and diseases

the profession of employers, respectively. insurance and other direct

the participating institutes or persons and produce an annual statistics on

accidents at work and occupational diseases;



d) carry out investigations in cases where an accident at work, occupational disease

or other disability health, which took place at work or in connection

It shows the seriousness of the situation;



(e) disclose annually information about) the measures taken in

the context of the policy referred to in article 4, as well as about work

accidents at work, occupational diseases and other disabilities to health, to which

occurred at work or in connection with it;



(f)) to introduce or develop, taking into account national conditions and

the possibilities of system testing of the chemical, physical and biological

factors in terms of the threat to the health of workers.



Article 12



In accordance with national law and practice should be

take measures to ensure that persons who design, manufacture, import, place

into circulation or transfer for any reason, machinery, equipment or substances

for working purposes,



and convinced if) it is virtually impossible that the machines,

equipment or substances do not constitute a danger to the safety and health of

people that use them properly;




(b)) to deliver information for proper placement and use of machinery and equipment,

as well as the proper use of the substances, threats that are associated with

machinery and equipment, and on the hazardous properties of chemicals,

physical and biological agents or products and learning how to

protect against known threats;



(c) undertake research and investigation) or otherwise informed of the development of the

Scientific and technical knowledge, in order to meet their obligations under the

the provisions in points) and b) of this article.



Article 13



A worker who ignored her work, about where he reasonably considers that the

immediately and seriously endangering his life or health shall be in accordance

with national conditions and practice, protect from neospravedlněnými

the consequences.



Article 14



Steps must be taken to make the way to the corresponding national

conditions and practices promote the concept of safety issues and protection

health at work and the working environment in programmes of education and

vocational education at all levels, including higher technical,

medical and vocational education, so as to meet the needs of

training of all workers.



Article 15



1. in order to ensure the coherence of the policy referred to in article 4 of this

the Convention and the measures taken for the implementation of this policy, each Member

the State has, after consultation with the most representative of what nejčasnějším

the organisations of employers and workers and capital. with any other appropriate

authorities to accept the provisions of the relevant national circumstances and

practice to ensure the necessary co-ordination between various authorities and bodies,

to implement parts II and III of this Convention.



2. whenever circumstances so require and national conditions and practice it

allow you to have such measures include the establishment of a central authority.



Part IV.



Measures at the level of the enterprise



Article 16



1. The employers should be required to the extent it is virtually

feasible, workplaces, machinery, equipment and working practices that

subject to their control do not jeopardise the safety and health of workers.



2. The employers should be required to the extent it is virtually

practicable, the chemical, physical and biological agents and substances,

under their control, does not endanger the health, if it is

ensured appropriate protection.



3. The employers should be required, if necessary,

provide appropriate protective clothing and protective equipment to

the extent to which it is practically feasible, was preceded by threats from

injuries or effects harmful to health.



Article 17



At any time, at the same time, several undertakings pursuing an activity in the same workplace,

to cooperate in the implementation of the provisions of this Convention.



Article 18



The employers should be required to, if necessary,

do the measures to confront any sudden cases and accidents, including the

resources sufficient to cope with first aid.



Article 19



Steps must be taken at the level of the undertaking under which



and the staff in their work) work together to fulfil the obligations that

has the employer;



(b) workers ' representatives in the undertaking) shall cooperate with the employer in the

Department of health and safety at work;



(c) representatives of workers in an enterprise) will receive sufficient information about

the measures that the employer has made to ensure safety and health,

and they can be with their representative organizations to discuss under the

the condition that it shall not disclose commercial secrets;



d) workers and their representatives in the undertaking shall be suitably instructed in the

the field of safety and health at work;



e) workers or their representatives, and or. their representative

Organization in the company will be entitled under the national law

legislation and practice to check all pages in the safety and health

health associated with their work and the employer will be with them these things

discuss; for this purpose, can be the expert hired by mutual agreement

advisers to the unemployed in the undertaking;



(f)) shall immediately notify the worker to his immediate supervisor any

the situation which the law may believe that poses an immediate and

a serious threat to his life or health, and the employer, until

fails to remedy, if it is to be, cannot request personnel,

to continue the work in circumstances in which it takes the immediate and serious

danger to life or health.



Article 20



The collaboration of employers and workers and, respectively. or their representatives in

the undertaking is to be an essential element of organisational and other measures

made in the implementation of articles 16 to 19 of this Convention.



Article 21



Measures concerning safety and health at work shall not be

associated with any expense accounts for workers.



Part V.



Final provisions



Article 22



This Convention nereviduje no existing international Convention or

recommendation on the work.



Article 23



The formal ratifications of this Convention shall be communicated to the Director-

The International Labour Office and written by him.



Article 24



1. this Convention undertakes to only the Member States of the international organization

labour, whose ratification has been registered by the Director General.



2. Shall take effect twelve months after the date the Director writes

the ratification of the two Member States.



3. For each Member State, this Convention shall take effect twelve

months from the date on which its ratification has been registered.



Article 25



1. each Member which has ratified this Convention may denounce it

After the expiration of ten years from the date on which this Convention first acquired

the effectiveness of written communication, the Director General of the International Office

work that is writes. Denunciation shall take effect one year after the date on which the

It was registered.



2. each Member State that has ratified this Convention and which does not apply

rights to terminate her under this article during the year following

the expiry of the period of ten years, as indicated in the previous paragraph, the

bound by the Convention for the next ten-year period and then it will be able to terminate

on the expiry of the 10-year period, under the conditions laid down in this

article.



Article 26



1. the Director General of the International Labour Office shall notify all Member

States, the International Labour Organisation the ratification of, and writing all the testimony,

members of the Organization shall communicate to him.



2. When the Member States of the Organization to communicate to write the last

ratification required to ensure that the Convention came into force, the Director-General

notify the Member States of the Organization to the date when this Convention enters into

efficiency.



Article 27



Director General of the International Labour Office shall notify the

the Secretary-General of the United Nations for registration in accordance with article 102

The Charter of the United Nations full particulars of all ratifications and denunciations,

which enrolled under the provisions of the preceding articles.



Article 28



Always, if deemed necessary, the Governing Board of the International Office

work shall submit to the General Conference a report on the implementation of this Convention, and

examine whether it is advisable to put on the agenda of the General Conference

the question of its full or partial revision.



Article 29



1. the General Conference adopt a new Convention revising all or

partly this Convention and does not appoint a new Convention:



and the new Convention revising) the ratification by a Member State will result ipso jure

immediate denunciation of this Convention, notwithstanding the provisions of article 25,

with the proviso that the new revising Convention enters into force;



(b)), from the time when the new revising Convention enters into force, this Convention

Member States shall cease to be open to ratification.



2. This Convention shall remain in force in its form and content for those

Member States which have ratified it, and that have not ratified the revising

the Convention.



Article 30



The English and French texts of this Convention are equally authentic.