Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s first report on the application of the present Convention and the availability of relevant laws and regulations on line as well as other documents. The Committee also notes the information provided in the context of the Government’s reporting on other Conventions on occupational safety and health it has ratified, including in particular, the Occupational Safety and Health Convention, 1981 (No. 155).

Articles 2(1) of the Convention. Continuous improvement of occupational safety and health; 3(1): National Policy; 4(1): National system; 5(1): National programme; 5(2)(c): Analysis of the situation in the country; and 5(2)(d): Targets and indicators of progress. The Committee notes the information available regarding the occupational safety and health (OSH) system in the country, and welcomes the information regarding the formulation and implementation of a national OSH policy and programmes, the establishment of a national system and the regular consultations held with the social partners in these contexts in, inter alia, the Government Council for Occupational Safety and Health Protection. Based on the information provided, the systems approach, which is the focal point of the Convention, appears to be well applied in the country. The Committee notes, however, the limited information provided regarding the evaluation of past performance and the methodology used for the periodical review of the national policy, for the maintenance and progressive development and periodical review of the national system and the monitoring, evaluating and periodical reviewing of the national programme to ensure that such an evaluation informs and contributes to generating the continued and progressive improvement of occupational safety and health in the country as prescribed, inter alia, in Article 2(1). The Committee would particularly appreciate detailed information regarding targets and indicators of progress used in the country. The Committee requests the Government to provide further information on the practical application of the referenced provisions and on targets and indicators of progress, and requests the Government to keep the Committee informed of any changes in the national policy and programme and make copies available to the Committee thereof.

Article 2(2) and (3). Taking into account principles in relevant ILO instruments in the progressive development of the national system. The Committee notes the information provided that the provisions of ILO instruments and other documents are usually taken into account during the preparation of legislation and political programs. The Committee also notes that the Czech Republic has already ratified eight of the ILO OSH Conventions including the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes that no further details are provided regarding measures taken to ratify other relevant ILO Conventions. Recalling the Governing Body plan of action to achieve widespread ratification and effective implementation of key instruments in this area, the Committee requests the Government to provide further details regarding the application of Article 2(2) and (3) of the Convention including, in particular, with respect to the 2002 Protocol to Convention No. 155.

Article 3(2). Action taken to promote and advance workers’ rights to a safe and healthy working environment. The Committee notes with interest the legal expression “workers’ rights” in relation to safety and health as found in section 106 of the Labour Code (Act No. 262/2006 Coll.) which came into effect on 1 January 2007. The Committee requests the Government to provide further information on the practical implementation of national legislation giving effect to Article 3(2) at the national, regional and enterprise or other levels.

Article 3(3). Developing a national preventative safety and health culture that includes information and training. The Committee notes the emphasis placed in the national policy, and otherwise, to questions related to information and training. The Committee also notes the information provided that the promotion and dissemination of information on good practice has been identified as an area that requires improvement. The Committee requests the Government to provide further information on measures taken to improve the dissemination of information on good practice.

Article 4(2)(a). Laws and regulations. The Committee notes that Act No. 309/2006 Coll., to ensure further occupational safety and health protection conditions, as amended, includes numerous provisions calling for implementing legislation. The Committee requests the Government to provide further information on the development of relevant legislation including on implementing legislation to Act No. 309/2006 Coll. and to make available relevant legislation once it has been adopted.

Article 4(2)(c). Mechanisms for ensuring compliance. The Committee notes the information provided regarding the different enforcement mechanisms in the country including the information available regarding activities of the trade unions in relation to inspection. The Committee requests the Government to provide further information on how it ensures that the different enforcement mechanisms cooperate in fulfilling their tasks to ensure compliance with the national provisions giving effect to the Convention.

Article 4(3)(g). Collaboration with insurance and social security schemes covering occupational injuries and diseases. The Committee notes that the report is silent in this respect. The Committee requests the Government to provide further information on how this provision is applied in the country.

Article 4(3)(h). Support mechanisms for OSH in small and medium-sized enterprises. The Committee notes the information that one of the medium-term priorities of the national programme for 2009–16 includes the implementation of a risk prevention culture in small and medium-sized enterprises. The Committee requests the Government to provide further information on the practical implementation of this priority and the results obtained in this respect.