433/1991.
The COMMUNICATION FROM the
the Federal Ministry of Foreign Affairs
The Federal Ministry of Foreign Affairs declares that on 20 April. June
1988 was at 75. meeting of the General Conference of the international organization
the work received the Convention on safety and health in construction (No.
167). Ratification of the Convention was the Czechoslovak Socialist Republic
written on 11 July. January 1990, General Director of the International Office
work. According to article 38 paragraph 3 of the Convention entered for the Czech and
Slovak Federal Republic enters into force on 11 March 2006. January 1991.
Czech translation of the Convention shall be published at the same time.
Convention No. 167
Convention on safety and health in the construction industry
The General Conference of the International Labour Organization, which was convened
the Administrative Council of the International Labour Office in Geneva, and there met on 1 May 2004.
June 1988, at its seventy-fifth session,
Recalling the work of the Convention and recommendations internationally,
in particular, the Convention and recommendation on safety regulations (construction),
1937, recommendations for cooperation in the prevention of accidents (construction),
1937, the Convention on the protection against radiation recommendation, 1960, the Convention on the
recommendations about security of machinery, 1963, the Convention and the recommendation on the maximum
weight, 1967, the Convention and recommendation on occupational cancer, 1974, Convention and
recommendations on working environment (air pollution, noise and vibration),
1977 Convention and recommendation on safety and health at work,
1981, the Convention and the recommendations of the racing health services, 1985
the Convention and recommendation on asbestos, 1986, and the list of occupational diseases,
revised in 1980, annexed to the Convention benefits in working
accidents, 1964,
rozhodnuvši accept some proposals about health and safety in the
the construction industry, which is the fourth point of the agenda of the meeting,
stanovivši, that these proposals will take the form of an International Convention
revising the Convention on the safety provisions (building), 1937,
accepts 20 December. June 1988 this Convention that will takes on 20 April.
June 1988 this Convention, which will be referred to as the Convention on the
safety and health in construction, 1988:
(I).
The scope and definition of terms
Article 1
1. this Convention applies to all activities in the construction industry, it is
on the construction, civil engineering and on the Assembly and disassembly
work, including any process, operation or transport on a construction site, from the
the preparation of the construction site until the completion of the project.
2. a Member State which ratifies this Convention may, after consultation with the
the most representative organisations of employers and stakeholders
workers, if they exist, exclude from the application of the Convention or its
certain provisions in certain sectors of economic activity, or specific
undertakings in respect of which special problems of a certain importance arise under
condition that it is kept safe and healthy working environment.
3. this Convention shall also apply to self-employed persons, as
may be determined by national legislation.
Article 2
For the purposes of this Convention:
and) the term "construction" includes:
I) architecture, including dredging and construction, reconstruction, rehabilitation, repair,
maintenance (including cleaning and painting), as well as the cutting of all types of buildings
or buildings,
II) civil engineering including excavation and construction, remodeling, repair,
maintenance and cutting, for example. airports, docks, harbours, inland waterways
roads, dams, conservation work on the rivers and the coast or against avalanches,
roads and highways, railways, bridges, tunnels, viaducts, public works
community service serving the communications, drainage, to lead the water used
and the supply of water and energy,
III) Assembly and disassembly of prefabricated buildings and structures, as well as the production of
prefabricated parts on the construction site,
(b)), the term "site" means a place where work is underway or
the operations described in point a),
(c)), the term "workplace" means all places where workers need to be
or must be removed due to their work and which are under the control of
an employer within the meaning of point (e) below),
(d)), the term "worker" means any person employed in the construction industry,
(e)) the term "employer" means:
I) natural or legal person who employs one or more of the
workers on a construction site,
(ii)) according to the circumstances, either the main businesses, entrepreneurs or
poddodavatele,
f) the term "competent person" means a person having sufficient
qualifications, such as suitable training and sufficient knowledge, experience and
skill for the safe performance of the job. The competent authorities may
establish appropriate criteria for the designation of such persons and to determine
obligations that have,
(g)), the term "scaffold" means any temporary structure, fixed, suspended
or variable, as well as its supporting parts used to
were workers and material or provide access to such
construction, if it's not about gins within the meaning of point h) below,
(h)), the term "hoist" means a fixed or movable equipment used
for lifting or lowering persons or loads,
I), the term "slings" means all the means by which
can be mounted to the burden of the zdvihadlu, which, however, are not an integral part of the
hoists or load.
II.
General provisions
Article 3
The measures to be taken for the implementation of this Convention, the
being discussed with interested organizations, the most representative
of employers and workers.
Article 4
Each Member State which ratifies this Convention undertakes to
the basis of the evaluation of the risk of existing safety and health,
adopt and maintain in force legislation that ensures
the implementation of the provisions of the Convention.
Article 5
1. the provisions adopted pursuant to article 4 may provide that in
practice, carried out technical standards or practical directives or
other appropriate means appropriate to national conditions and
practice.
2. In the implementation of article 4 and paragraph 1 of this article, each Member State
taking into account the relevant standards adopted by recognized international
organisations in the area of standardisation.
Article 6
Measures will be taken to ensure cooperation between employers and
workers in order to improve safety and health at
construction sites, and in accordance with the arrangements laid down by the national
the legislation.
Article 7
National laws require that employers and
self-employed persons to comply with the prescribed safety and
the health measures in the workplace.
Article 8
1. whenever two or more employers at the same time working on the
a construction site:
and) the main entrepreneur or any other person or organization conducting the
effective control or having the main responsibility for all activity on the
the construction site will be responsible for the coordination of safety and
health measures and for compliance with those measures, if it is
compatible with national legislation,
(b)) as soon as the main entrepreneur or any other person or organization
implementing effective control for having the primary responsibility over the
all activities on the site there is not present, has created, if
It is compatible with national law, the competent person
or organization in place, having the authority and the necessary means to
on behalf of the coordination and ensure its compliance with the measures laid down in
point a) above,
c) each employer shall be responsible for the implementation of the set
measures in respect of workers who are subordinate to him.
2. whenever employers or self-employed persons held
at the same time work on a construction site, must cooperate in the implementation of
safety and health measures provided for under the national
legislation.
Article 9
The person responsible for the design and planning of a construction project must be on
aware of the health and safety of construction workers in accordance with the
national law and practice.
Article 10
National legislation should provide that workers at all
workplaces and in the extent to which they exercise control over the device and
working methods, have the right and obligation to participate in ensuring the
safe working conditions and reflect the views of the accepted work
procedures, if they can have an effect on safety and health.
Article 11
National legislation provides that employees are obligated to:
and what nejúže) cooperate with their employer in the implementation of
the prescribed safety and health measures,
(b)) in a reasonable manner to take care of their own safety and health and
the safety and health of other persons who may be affected by their
Act or omission at work,
(c) the use of the device) available to them which is poorly
the equipment has been provided to them for their own protection or
for the protection of others,
(d) to notify, without delay, their) immediate supervisor and
representatives of workers for security, if any, each
the situation, which could pose a risk, and that cannot
face yourself,
(e) ensure safety) and health measures.
Article 12
1. National legislation should provide that every worker has the
the right to avoid the risk, if it is reasonable to consider that the immediate and
serious danger threatens his safety and health, and the obligation of immediately
How to notify their immediate superior.
2. If there is an imminent danger the safety of workers,
the employer shall take immediate action to stop the work and according to the
the nature of the case to evacuate workers.
III.
Preventive and protective measures
Article 13
Safety in the workplace
1. all appropriate security measures are taken so that all
workplaces are safe and without risk to the safety and health of
workers.
2. Will be provided, maintained and, where necessary, marked safe
access to the workplace and out of them.
3. Will be made all the appropriate security measures to protect people
present on the construction site or in its vicinity against hazards
that may arise in such a place.
Article 14
Scaffolding and ladders
1. If the work cannot be performed safely on the ground or out of the country
or from some parts of the buildings or other permanent structures, has the latter, and
kept safe and suitable scaffold or made as safe and
appropriate measures.
2. If there is no other safe access on an elevated site, to be
provided with suitable and reliable ladders. Must be properly secured
against the mimovolnému movement.
3. all scaffolding and ladders will be constructed and used in accordance with the
national legislation.
4. Scaffolds shall be inspected by a competent person in the cases and within the time limits
established by national legislation.
Article 15
Hoists and slings
1. Each lifter and Sling, including their essential
parts, accessories, fastening, anchoring and props are to be:
a) properly designed and constructed of materials of good quality and
sufficient resistance for the purposes for which they are used,
b) properly installed and used,
c) maintained in good working order,
d) viewed and verified by a competent person within the time limits and cases
laid down by national legislation; the results of these
inspections and tests shall be kept,
e) serviced by workers who have received appropriate training in
accordance with national legislation.
2. the Hoist must not be used for lifting, lowering or transport
people, if so designed, installed and used for that purpose in the
accordance with national legislation, with the exception of unforeseen
the event, which may be severe or fatal injury if
hoists can be safely used for such a purpose.
Article 16
Equipment for transportation, the movement of Earth and material handling
1. All vehicles and equipment for the movement of Earth and the treatment
material to be:
and well designed and constructed), taking into account, if possible, to
ergonomics;
b) maintained in good working order,
(c)) is applied correctly,
(d)) for use by workers who have received appropriate training in accordance
with national legislation.
2. On all construction sites, where the used vehicles and equipment for the
the movement of Earth and material handling
and for them to be secured) safe and suitable access routes,
(b)) operation will be organized and controlled so as to ensure their
safe to use.
Article 17
Equipment, machines, accessories and tools
1. Installations, machinery and equipment, including hand tools, with the engine or
without him, they will be
a) properly designed and constructed taking into account, if possible, to
ergonomics;
b) maintained in good working order,
c) used only for work for which they are intended, if it is used to
other than the original purpose has not been evaluated by the competent person who
decided that such use is safe,
d) serviced by workers, who have received the appropriate training.
2. Where appropriate, the manufacturer, or by the employer will be given
appropriate guidance on safe use, in the form of human-readable
users.
3. pressure equipment and appliances will be viewed and verified by
the competent person in the cases and within the time limits laid down by national
the legislation.
Article 18
Work at heights, including work on roofs
1. If it is necessary to face danger or where the amount of the work or its
the slope is greater than those provided for in national legislation, it is necessary to
take precautions to prevent the fall of workers and tools
or other objects or materials.
2. If workers must work on roofs or in their
near or on other places covered brittle material, which is
can fall through, you must take precautions to prevent the
mimovolnému entry on brittle material or confiscation through him.
Article 19
Excavation, shaft, earthworks, underground works and tunnels
In the trench, in the shaft when the ground work, in underground work or in tunnels
to be taken reasonable precautions
and) in order to appropriate supports, or otherwise prevent employees
they will be at risk of falling or dropping of Earth, rock or other material
(b)) to avoid danger caused by the fall of a person, materials or
of the subjects or a barrage of water into the excavation, shaft, earthworks,
the underground works or tunnel
(c)) in order to ensure adequate ventilation of the workplace so that
keep the breathable air and reduce smoke, gas, steam, dust and other
impurities at a level which is not dangerous or harmful to health and is in
the limits of permitted by national legislation,
(d)) in order to enable workers to reach safety in case of fire
or flood water or material,
(e)) in order to minimize the risk to workers coming from the possible
underground dangers, such as the flow of liquids or presence
pockets of gas, and that an appropriate investigation for the purpose of their localization.
Article 20
Cofferdams and caissons
1. Each sink and a caisson to be
and well built from) an appropriate and solid material and sufficiently
fixed,
(b)) with sufficient device allowing workers to get into the
safe in case the flood of water or material.
2. The construction, placement, modification or disassembly of the sink or caisson can be held
only under the direct supervision of a competent person.
3. Each sink and a caisson to be inspected by a competent person in the
set intervals.
Article 21
Work in compressed air
1. Work in compressed air may be exercised only in accordance with the
the measures laid down by national legislation.
2. work in compressed air may only be performed by professionals
physical ability for such work was confirmed by the medical
the tour, and in the presence of the person responsible for the supervision of the course
the works.
Article 22
Structural frames and formwork
1. Build a structural frames and their components, formwork construction
scaffolding and props can be used only under the supervision of a competent person.
2. adequate measures shall be taken to avoid danger
as a result of temporary workers in an unstable or instability of the structure.
3. Formwork, scaffolding and props must be designed,
constructed and maintained so as to safely withstand any strains and full loads
may be exposed.
Article 23
Work over water
Where the work takes place over water or in its vicinity shall be taken
the appropriate measures for
and workers to prevent falls) water
(b) the rescue workers from danger) drowning,
c) safe and reasonable transportation.
Article 24
Cutting
If the demolition of a building or construction may present a risk for the
workers or to the public,
a) will be in accordance with national legislation, appropriate
security measures, methods and procedures, including those relating to
the Elimination of waste and residues,
(b)) work will be planned and undertaken only under the supervision of a competent person.
Article 25
Lighting
In every workplace and every other place on the site where you may
worker browse, will ensure appropriate and adequate lighting,
or portable lighting devices.
Article 26
Electricity
1. all electrical equipment and installations will be constructed,
installed and maintained by a competent person and used to
prevent danger.
2. prior to the commencement of the construction works and their progress will be made in the
appropriate measures in order to determine whether, under the construction sites, over it, or on the
It is not the cable or the electric device under the shock, and to prevent
each of the dangers that can arise for the workers.
3. The laying and maintenance of electric cables and equipment on construction sites
must conform to the technical standards and rules used at national
level.
Article 27
Explosives
Explosives may be stored, used, transported or
treated only
and) under the conditions laid down by national law,
(b)), the competent person who has to take the necessary measures to
ensure that workers or others who have been exposed to the risk of
to the accident.
Article 28
Health threats
1. where a worker may be exposed to a chemical, physical or
biological threat to the extent that it may jeopardize its
health, to be taken appropriate precautionary measures in order to
avoid such exposure.
2. In order to prevent the exposure referred to in paragraph 1,
and) dangerous substances are to be replaced by harmless or less
hazardous substances, whenever this is possible, or
(b)) to be applied to establishments, the technical arrangements for machinery, tools
or procedures, or
(c)) If you can not comply with the provisions of points and) or (b)) above will be
preventive measures include other effective measures, including the use of
personal protective equipment and clothing.
3. If workers must enter into areas where it can be contained
poisonous or harmful substance or lack of oxygen or flammable
the atmosphere, appropriate measures should be taken to avoid danger.
4. Waste must not be destroyed on site or removed in a manner
that could be detrimental to health.
Article 29
Protection against fire
1. The employer shall take all appropriate measures to
and avoid the danger of fire),
(b)) quickly and effectively suppressed every germ of fire,
c) ensure fast and safe evacuation of people.
2. The need to ensure adequate and appropriate storage of flammable liquids,
solids and gases.
Article 30
Personal protective equipment and protective clothing
1. Where it is not possible by other means, to ensure the adequate protection of the
workers against the risk of accident or injury to health, including exposure to
the harsh conditions, the employer shall provide and maintain appropriate
personal protective equipment and protective clothing, taking into account the nature of the
work and risk, and without costs for the workers in accordance with national
legislation.
2. The employer shall take appropriate measures to ensure that workers made it possible to
use personal protective equipment, and to ensure their correct
the use of.
3. Protective equipment and protective clothing must conform to the standards laid down by the
by the competent authority taking into account, as far as possible, the principles of ergonomics.
4. personnel should be encouraged to celebrate personal
protective equipment and protective clothing, which are put to them
use and care for them.
Article 31
First aid
The employer is odpověden to ensure that the first aid, including trained
personnel may be granted at any time. Steps must be taken to
transportation workers who have suffered an accident or fall ill suddenly,
to medical treatment.
Article 32
Social facilities
1. at each construction site or in its vicinity shall be provided
sufficient quantity of drinking water.
2. at each construction site or in its vicinity must be ensured, and
maintained, based on the number of workers and the duration of the works, the following devices:
and sanitation and washing facilities),
(b) facilities for changing clothes), storage and drying of clothes,
(c)) of the room, where workers can eat and where they can hide when
interruption of work or for adverse weather.
3. Sanitary and washing facilities should be separate for men and women.
Article 33
Information and training
Work should be adequately and appropriately
and be informed of the possible threat) health and safety, which may be
exposed at their workplace,
b) advised and trained about achievable measures for the prevention and
the mastery of such danger, and to protect against them.
Article 34
Reporting of accidents and diseases
National legislation shall provide that the competent authority should be
the down time of reported accidents at work and occupational diseases.
IV.
The implementation of the
Article 35
Each Member State shall
and shall take all the necessary measures), including the establishment of appropriate sanctions and
remedial measures to ensure the effective implementation of the provisions of the Convention,
(b) the relevant inspection services) to review the implementation of the measures,
the measures to be adopted in accordance with the provisions of the Convention, and provided with these services
the necessary means to fulfil its task, or is satisfied that
proper monitoring is carried out.
In the.
Final provisions
Article 36
This Convention revised Convention on security regulations (construction),
1937.
Article 37
The formal ratifications of this Convention shall be communicated to the Director-
The International Labour Office and written by him.
Article 38
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 39
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 40
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 second
the ratification was announced to him, General Manager notifies Member
States of the Organization to the date when this Convention enters into force.
Article 41
The 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 that enrolled
under the provisions of the preceding articles.
Article 42
The Administrative Council of the International Labour Office, at any time it deems
necessary, 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 43
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 39, the lna and it
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 44
The English and French texts of this Convention are equally authentic.
