124/2000 Sb.
LAW
of 15 November 2004. April 2000,
amending Act No. 174/1968 Coll., on State specialized supervision of
safety, as subsequently amended, Act No. 61/1988 Coll.
on mining activities, explosives and the State Mining Administration, as amended by
amended, and Act No. 455/1991 Coll., on trades
(Trade Act), as amended
Parliament has passed the following Act of the United States:
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. and Act No 71/2000 is amended as follows:
1. in section 3, paragraph 1 reads:
"(1) the scope of the institutions and organisations of the State professional supervision is
apply to all legal entities (hereinafter referred to as "the Organization") and on the
natural persons engaged in business activities in terms of
the pursuit of this activity (hereinafter referred to as "entrepreneurial natural persons"). ".
2. in paragraph 4 (b)):
"(b)) is expressed to the project dossiers buildings selected according
the principles established by the Czech Office of work safety, whether they meet the
the requirements of the regulations to ensure safety of work and technical
the device ".
3. in paragraph 4 (c)):
"(c)) apply to the authorisation and inspection of structures regulatory requirements to
ensure the safety of work and technical equipment ".
4. in paragraph 4 (d)):
"(d)), the terms of the withdrawal or limitation of the authorisations or
entrepreneurial natural persons to manufacture, Assembly, repairs, revisions and
tests of reserved technical equipment and to lling in
the case of the infringements established to ensure safety at work and
technical equipment ".
5. In paragraph 4 (b). (e)), after the word "withdrawal", the words "or restrictions";
After the word "repair" shall be inserted after the word "installations".
6. In section 4, the dot at the end is replaced by a comma and the following point (g)),
added:
"(g)) provided free of charge advice to employers and workers, as
to comply with regulations to ensure the safety of work and technical
device. ".
7. in section 6a of paragraph 1. 1 (b)):
"(b)) in the cases specified shall carry out inspections, controls and evaluate the
a test that will certify whether the dedicated technical facilities and
the materials used for their construction, comply with the requirements of the laws of the
ensure the safety of technical equipment; in specific cases,
confirm the successful results of the tests ".
8. In section 6a of paragraph 1. 1 letter c) is added:
"(c)) in specific cases, examine the competence of the Organization
and natural persons-entrepreneurs to manufacture, install, repair, revision,
tests of reserved technical equipment and to lling and
issued permissions to do so. "
9. in section 6a of paragraph 1. 1 (b). (d)), after the word "repair" shall be replaced
"montages".
10. In section 6a of paragraph 1. 1, point (e)) repealed.
11. in section 6a paragraph 2 reads as follows:
"(2) officials of the Organization of the State professional supervision are
authorized to enter into the space organization and the operating space
entrepreneurial natural persons for the purpose of carrying out surveillance and to its
implementation require the necessary documents, information and create conditions. ".
12. In Article 6a, paragraph 3 reads:
"(3) the State shall carry out activities under professional supervision
paragraph 1, the fees laid down by the implementing regulation issued
The Ministry of labour and Social Affairs in agreement with the Ministry of
finances. ".
13. under section 6a, the following new section 6b and 6 c, which including the footnotes
No. 6) are added:
"§ 6b
(1) Dedicated technical equipment are devices with increased
threat to the health and safety of persons and property, which are subject to the supervision of the
under this Act. It is the technical device of pressure, lifting,
Electric, gas, and nuclear power.
(2) according to the degree of hazard is a dedicated technical facilities
into classes or groups and the method of examination of vocational
eligibility of organizations, natural persons-entrepreneurs and natural persons
the activities on these devices.
§ 6 c
(1) the Organization and entrepreneurial natural persons
and) ensure commissioning and operation of a dedicated
technical installations, security measures and the implementation of the surveys,
revision and examinations in specified cases; in the manufacture of reserved
pressure equipment not covered by the existing regulation on them, the Government issued
for the implementation of such a law, 1a) and a dedicated device in nuclear
the energy sector also the opinion about the whether during the design and
the construction of the fulfilment of the safety of these devices,
(b)) can be fitted, correct, carry out inspections and tests of reserved
technical equipment, perform and produce gas container pressure
the device does not apply on them a valid government issued to
the implementation of such a law, 1a) and reserved devices in nuclear
energy, only if they are competent and are authorised to
According to section 6a of paragraph 1. 1 (b). (c)), shall ensure that in the cases provided for
tests, inspections, repair, installation or servicing of reserved technical
the device performed just the physical persons who are competent and
in specific cases, are also the holder of the certificate.
(2) prerequisites for professional competence and entrepreneurial organizations
individuals are the necessary technical equipment and professional capacity
their workers.
(3) the assumptions of the professional competence of the individuals referred to in paragraph 1
(a). (c)) are
and) reaching the age of 18,
(b)) medical fitness according to special regulations, ^ 6)
(c) the prescribed qualifications,)
(d)) the period of practice in the field,
(e) a certificate under section 6a) paragraph. 1 (b). (d)), where they carry out inspections and tests
dedicated technical equipment, repair, installation of gas
device 1. class or operation of reserved pressure equipment-boilers.
(4) a certificate to the activities on dedicated technical devices released
the Organization of the State professional supervision is valid for five years from the date of
release.
6) § 6 para. 1 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
Directive of the Ministry of health no. 49/1967, Journal of the Ministry of
Health on the assessment of medical fitness to work (registered
in the amount of 2/1968 Coll.), as amended. ".
14. § 7b is inserted:
"§ 7b
(1) the Ministry of labour and Social Affairs decree
and) provides that the technical equipment in the scope of the authorities and organisations
State professional supervision (section 3) shall be regarded as reserved, and at the same time
determine their classification into classes or groups,
(b)) provides for more conditions placed on reserved technical equipment,
When it comes to their level of safety, locations, production, Assembly,
repair, operation, inspection, review, test and accompanying and operational
documentation,
c) specifying the assumptions relating to the competence of the Organization
and self-employed individuals in terms of the necessary technical
the equipment and competence of their workers and to establish arrangements for
examination of professional competence,
d) specifying the assumptions relating to the competence of individuals
people in terms of the prescribed qualifications and professional experience in the field of time and
provides a way of examining their professional competence.
(2) the Permission of the Ministry of labour and Social Affairs to lay down by Decree
pursuant to paragraph 1, the conditions imposed on the safety of the more reserved
technical equipment according to § 6b before placing them on the market can be used,
just does not apply to them, the Government issued the current regulation for the implementation of
a special law 1a) ".
Article II
Act No. 61/1988 Coll. on mining activities, explosives and the State
Mining Administration, as amended by Act No. 425/1990 Coll., Act No. 542/1991 Coll.,
Act No. 171/1993 Coll., Act No. 128/1999 Coll. and Act No 71/2000 Coll.
is amended as follows:
1. In article 8, paragraph 4 shall be deleted and in paragraph 5 shall be deleted;
subparagraph (b)). At the same time, in paragraph 5 of the designation shall be deleted;
(a)), and the text becomes paragraph 4.
2. under section 8, the following new section 8a, including footnote No. 6b)
added:
"§ 8a
(1) Dedicated technical equipment are devices with increased
threat to the health and safety of persons and property, which are subject to the supervision of the
under this Act. It's pressure, lifting devices, electric and
gas.
(2) according to the degree of hazard is a dedicated technical facilities
into classes or groups and the method of examination of vocational
the activities of natural persons on these devices.
(3) Organization
and) ensure commissioning and operation of a dedicated
technical devices perform inspections, inspections and tests in
specified range,
(b)) can be fitted, correct, carry out inspections and tests of reserved
technical equipment, perform and produce gas container pressure
the device does not apply on them a valid government issued to
the implementation of such a law, 6a) only if they are competent and have the
the permission referred to in paragraph 6 (b). and)
(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.
(4) Assumptions of competence of organizations are the necessary technical
equipment and the competence of their staff.
(5) the assumptions of the professional competence of the individuals referred to in paragraph 3
(a). (c)) are
and) reaching the age of 18,
(b)) medical fitness according to special regulations, ^ 6b)
(c) the prescribed qualifications,)
(d)) the period of practice in the field,
(e)) the certificate referred to in paragraph 6 (b). (b)), carried out a revision and tests
dedicated technical equipment, repair, installation of gas
device 1. class or operation of reserved pressure equipment-boilers.
(6) the authorities of the State Mining Administration
and) in specific cases, examine the competence of the organizations and
entrepreneurial natural persons to manufacture, Assembly, repairs, revisions and
tests of reserved technical equipment and to lling and
issued by them permission to do so,
(b)) poll the competence of individuals for testing, revisions,
repairs, installations or operating a dedicated technical equipment and
issued to them about a certificate,
(c)) shall decide on the withdrawal or limitation of the authorisations to organisations and business
natural persons to manufacture, Assembly, repairs, revisions and tests of
dedicated technical facilities and to lling in the case
of the infringements established to ensure safety at work and
technical equipment
(d)) shall decide on the withdrawal or restriction of certification of individuals to
testing, revisions, montages, repair or servicing of reserved
technical equipment in the case of the infringements established to ensure
safety at work and of technical equipment.
(7) a certificate to the activities on dedicated technical devices released
the authorities of the State Mining Authority is valid for five years from the date of issue.
(8) by a decree of the Czech mining Office
and) provides that the technical equipment in the scope of the institutions of the State mining
the administration shall be considered reserved, while determining their inclusion in
classes or groups,
(b)) provides for more conditions placed on reserved technical equipment,
When it comes to their level of safety, locations, production, Assembly,
repair, operation, inspection, review, test and accompanying and operational
documentation,
c) specifying the assumptions relating to the competence of the Organization
in terms of the necessary technical equipment and professional competence
their workers,
d) specifying the assumptions relating to the competence of individuals
people in terms of the prescribed qualifications, and the period of professional experience in the field.
(9) the Czech Mining Authority to lay down in regulations under the
paragraph 8 further requirements on safety of the dedicated
technical equipment referred to in paragraph 1 before placing them on the market can be
to use, just does not apply to them a valid government issued to
the implementation of the special law. 6a)
6B) § 6 para. 1 of Act No. 20/1966 Coll., on the health care of the people, as amended by
amended.
Directive of the Ministry of health no. 49/1967, Journal of the Ministry of
Health on the assessment of medical fitness to work (registered
in the amount of 2/1968 Coll.), as amended. ".
3. In § 41 para. 1 (b). (h)), the dot at the end is replaced by a comma and
the following letter i), which read as follows:
"i) provide free advice to employers and workers, as
to comply with the provisions on ensuring the safety of work and technical
device. ".
Article. (III)
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 Coll., Act No. 586/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., Act No. 133/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 277/1997 Coll., Act No.
15/1998 Coll., Act No. 82/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.
363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll. and Act No. 29/2000 is amended as follows:
1. In § 45 para. 4 the last sentence, the words "must be in business
the range of business defined in accordance with those documents "shall be replaced by
"the extent of business defined referred papers".
2. § 47 para. 2 (c)):
"(c)) business in full or in part in accordance with § 45 para.
4. "
3. § 47 para. 3 (b)):
"(b)) business in full or in part in accordance with § 45 para.
4. "
4. in annex No. 1 TRADE between 104 and 106 new group
classifies a group of 105, the text of which reads as follows:
"A group of 105: electrical machinery and apparatus
Production, installation and repair of electrical machinery and apparatus
Production, installation and repairs of electronic equipment ".
5. in annex No. 2 TRADE-BOUND group 202: manufacture of machinery and
equipment General and for certain economic sectors text in columns
marked 1 to 3:
"The Group 202: manufacture of machinery and equipment in General and for certain
economic sectors
The scope of the certification Note
1 23
--------------------------------------------------------------------------------------------------
Production, *) installation, repair, permissions [§ 6 c, paragraph 1 (b)) *) does not apply to them, a valid
reconstruction, revision of Act No. 174/1968 Coll., as amended by regulation vládyvydané to perform
tests of reserved amended, or section 8a section 12 of Act No. 22/1997 Coll.
(a) pressure equipment. 6 (a). a) of law No. as amended
periodical tests of 61/1988 Coll., as amended by
gas containers amended]
Installation, repair, review permissions [§ 6 c, paragraph 1 (b))
and tests of reserved Act No. 174/1968 Coll., as amended by
lifting devices amended, or section 8a
paragraph. 6 (a). and) Act
No 61/1988 Coll., as amended by
amended]
Installation, repair, review permissions [§ 6 c, paragraph 1 (b))
and tests of reserved Act No. 174/1968 Coll., as amended by
gas devices and amended, or section 8a
lling para. 6 (a). and) Act
No 61/1988 Coll., as amended by
amended] ".
6. in annex No. 2 TRADE Group 205-BOUND: electrical machinery and
the device text in columns labeled 1 through 3 as follows:
"A GROUP of 205: electrical machinery and apparatus
The scope of the certification Note
1 2 3
------------------------------------------------------------------------------------
Installation, repair, review permissions [§ 6 c, paragraph 1 (b))
and tests of reserved Act No. 174/1968 Coll., as amended by
electrical devices, amended, or section 8a
paragraph. 6 (a). and) Act
No 61/1988 Coll., as amended by
amended] ".
Article IV
1. The authorisation issued by the authorities and the organisations of the national vocational
supervision and management of the State mining authorities and organisations
natural persons 1. 1 January 1993 shall expire three years from the date of
the effectiveness of this law; licences issued after 31 December 2006. December 1992
remain in force.
2. the validity of a certificate issued by the authorities and the organisations of the national vocational
supervision and management of the State mining authorities to individuals before the acquisition
the effectiveness of this Act shall expire five years from the date of acquisition
the effectiveness of this Act.
3. the license obtained prior to the effective date of this Act,
for the operation of the business group-bound 202 Annex No. 2
the Trade Act to operate a business within the scope
permission issued by the authority or by the Organization of the State professional supervision
or an institution of the State Mining Administration.
4. the license obtained prior to the effective date of this Act,
for the trade group 205 annex-bound No. 2 trade
the Act "installation, repair, maintenance and revision of electrical
equipment and production of low voltage switchboards "is from the effective date of this
the law be construed as license for the operation of the business
bound "Assembly, repairs, revisions and tests of electrical
the device ". Authorized to trade in the range of permissions
issued by the authority or organisation of a State or professional supervision authority
the State Mining Administration.
5. License obtained prior to the effective date of this Act,
for the trade group 205 annex-bound No. 2 trade
the law "design of electrical equipment" and license
issued for the manufacture of switchboards with effect from the effective date of this Act shall be deemed to
for trade permissions for reporting free trade with
This line of business.
6. License obtained prior to the effective date of this Act,
for the operation of the business group-bound 205 Annex No. 2
the Trade Act "production, installation and repairs of electric machines and
instruments "and" production, installation and repair of electronic devices "
from the effective date of this Act be construed as license for
trade craft group 105 of Annex No. 1 trade
the law: electrical machinery and apparatus "installation and repair of electrical
machinery and apparatus "and" installation and repairs of electronic equipment ".
7. Trade Office will issue the entrepreneurs operating a business on the basis of
licenses acquired before the date of entry into force of this
the law, set out in paragraphs 3 to 6, not later than 18 months from the date of
entry into force of this law, trade certificates with the subject of business
under the rules established by this Act.
Article. In
Shall be deleted:
1. Decree of the Czech Office of work safety no 143/1979 Coll., concerning the selection of
prototypes of machines and equipment for the assessment of the requirements of the
safety at work and of technical equipment.
2. Decree of the Czech Office of work safety and the Czech Mining Authority no.
59/1983, Coll., laying down some of the obligations of the organizations to
ensure the safety of imported technical equipment.
Čl.VI
This Act shall take effect on the first day of the second calendar month after
the date of publication.
Klaus r.
Havel, v. r.
Zeman in r.
