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Act on Occupational Safety and Health and on Amendments to Certain Acts

124/2006 Z. z. · 2025-07-01

Only the Slovak text is authentic.

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124
ACT
on Occupational Safety and Health and on Amendments to Certain Acts
The National Council of the Slovak Republic has adopted the following Act:
Čl. I AI
PRVÁ ČASŤ
BASIC PROVISIONS
§ 1 AI
Subject Matter of the Act
This Act lays down the general principles of prevention and the basic conditions for ensuring occupational safety and health and for eliminating risks and factors giving rise to occupational accidents, occupational diseases and other work-related damage to health.
§ 2 AI
Scope of the Act
(1) This Act applies to employers and employees in all branches of the production and non-production sectors.
(2) The obligations and measures laid down by this Act shall, to the extent necessary to ensure occupational safety and health and with regard to the nature of the activity, also apply to
a) a remand prison, a prison, a prison for juveniles, a hospital for accused and convicted persons, a legal person when an accused or convicted person is assigned to work, and an accused or convicted person who is assigned to work,
b) a natural person who is an entrepreneur and is not an employer, and his or her relatives in the direct line, siblings and spouse, if they participate in the performance of his or her business tasks,
c) an organiser of voluntary activities of general benefit and a natural person performing work according to the instructions of the organiser of voluntary activities,
d) a military unit of the Armed Forces of the Slovak Republic, a soldier in voluntary military training while undergoing voluntary military training, a soldier of the operational reserves and a soldier of the standby reserves during regular exercises or the performance of tasks of the Armed Forces of the Slovak Republic, a soldier of the defence reserves during defence reserve training or the performance of tasks of the Armed Forces of the Slovak Republic, a soldier of the other reserves during the performance of tasks of the Armed Forces of the Slovak Republic and a gendarme when performing tasks of the Gendarmerie Corps,
e) a natural person who is present at the employer's workplace or premises with the employer's knowledge.
(3) The scope of this Act may be restricted or excluded by a special act for specified activities performed in a service relationship. However, when performing the specified activities, the employer shall ensure the highest possible level of occupational safety and health.
(4) This Act does not apply to activities performed by professional soldiers or by citizens called up for extraordinary service after a declaration of war, a declaration of a state of war, a state of exception or a state of emergency, or sent outside the territory of the Slovak Republic under a special regulation; in such case the highest possible level of safety and health shall be ensured.
(5) This Act does not apply to activities performed by members of the Police Force and members of the Slovak Information Service when performing tasks outside the territory of the Slovak Republic laid down by a special regulation; in such case the highest possible level of safety and health shall be ensured.
§ 3 AI
Definitions of Certain Terms
For the purposes of this Act
a) an employer is a natural person or a legal person that
1. employs a natural person in an employment relationship or in a similar working relationship,
2. provides practical training for pupils of an apprentice school, pupils of a vocational school, pupils of a secondary school and students of a higher education institution,
b) an employee is
1. a natural person who, in an employment relationship or a similar working relationship, performs dependent work for the employer according to the employer's instructions for a wage or remuneration,
2. a pupil of an apprentice school, a pupil of a vocational school, a pupil of a secondary school during practical training and a student of a higher education institution during practical instruction,
c) special groups of employees are pregnant women, mothers until the end of the ninth month after childbirth, breastfeeding women, juveniles and employees with disabilities,
d) prevention is a system of measures planned and taken in all areas of the employer's activity aimed at eliminating or limiting the risk and factors giving rise to occupational accidents, occupational diseases and other work-related damage to health, and at determining the procedure in the event of imminent and serious danger to the life or health of an employee,
e) a hazard is a condition or property of a factor of the work process and the working environment that may damage the health of an employee,
f) a threat is a situation in which it cannot be ruled out that the health of an employee will be damaged,
g) a risk is the probability of damage to the health of an employee at work and the degree of possible consequences for health,
h) an unavoidable hazard is a hazard that, according to current scientific and technical knowledge, can be neither eliminated nor limited,
i) an unavoidable threat is a threat that, according to current scientific and technical knowledge, can be neither eliminated nor limited,
j) a dangerous occurrence is an event in which the safety or health of an employee was endangered but no damage to his or her health occurred,
k) safety of technical equipment is the condition of technical equipment and the manner of its use in which the safety and health of an employee are not endangered; safety of technical equipment is an integral part of occupational safety and health,
l) grievous bodily harm is a serious impairment of health or a serious illness, namely
1. mutilation,
2. loss or substantial reduction of working capacity,
3. paralysis of a limb,
4. loss or substantial weakening of the function of a sensory organ,
5. damage to a vital organ,
6. disfigurement,
7. causing a miscarriage or killing of a foetus, or
8. agonising suffering.
§ 4 AI
Measures to Ensure Occupational Safety and Health at the Pre-Production Stage
(1) Designers, constructors and creators of working procedures must prepare projects, designs of machinery or other technical equipment and working procedures intended for use at work so that they meet the requirements arising from legal regulations and other regulations for ensuring occupational safety and health. These projects, designs of machinery or other technical equipment and working procedures must include an evaluation of the unavoidable hazards and unavoidable threats arising from the proposed solutions under the specified operating and user conditions, a risk assessment of their use and a proposal of protective measures against these hazards and threats.
(2) Projects, designs of machinery or other technical equipment and working procedures under paragraph 1 shall include information on their safe location, installation, use, inspection, maintenance and repair.
§ 5 AI
General Principles of Prevention
(1) The employer shall apply the general principles of prevention when taking the measures necessary to ensure occupational safety and health, including the provision of information, training, organisation of work and means.
(2) The general principles of prevention are
a) elimination of the hazard and the resulting risk,
b) assessment of the risk that cannot be eliminated, in particular in the selection and during the use of work equipment, materials, substances and working procedures,
c) taking measures to eliminate hazards at source,
d) giving priority to collective protective measures over individual protective measures,
e) replacing work involving a risk of damage to health with safe work or work involving a lower risk of damage to health,
f) adapting work to the abilities of the employee and to technical progress,
g) taking into account human abilities, characteristics and capacities, in particular in the design of the workplace and the choice of work equipment, working procedures and production procedures, with a view to eliminating or alleviating the effects of harmful work factors, strenuous work and monotonous work on the health of the employee,
h) planning and implementing a prevention policy by introducing safe work equipment, technologies and methods of work organisation, by improving working conditions with regard to working environment factors and by means of social measures,
i) issuing instructions to ensure occupational safety and health.
(3) The employer shall take the measures necessary to ensure occupational safety and health properly and in good time so that their purpose is achieved, and shall ensure that these measures are applicable and accessible to the employee.
DRUHÁ ČASŤ
OBLIGATIONS OF THE EMPLOYER AND RIGHTS AND OBLIGATIONS OF EMPLOYEES
§ 6 AI
General Obligations of the Employer
(1) In the interest of ensuring occupational safety and health, the employer shall
a) take measures having regard to all circumstances relating to work and in accordance with legal regulations and other regulations for ensuring occupational safety and health,
b) improve working conditions and adapt them to employees, taking into account changing actual and foreseeable circumstances and the scientific and technical knowledge achieved,
c) identify hazards and threats, assess the risk and draw up a written risk assessment document for all activities performed by employees,
d) ensure that workplaces, traffic routes, work equipment, materials, working procedures, production procedures, the layout of workstations and the organisation of work do not endanger the safety and health of employees, and for that purpose ensure the necessary maintenance and repairs,
e) ensure that chemical factors, physical factors, biological factors, factors affecting mental workload and social factors do not endanger the safety and health of employees,
f) eliminate hazards and threats and, where this is not possible according to the scientific and technical knowledge achieved, take measures to limit them and prepare measures to eliminate them,
g) replace strenuous and monotonous work and work under difficult working conditions and working conditions hazardous or harmful to health by suitable work equipment, working procedures, production procedures and improvement of work organisation,
h) in areas where dangerous substances are used or stored or where technologies and equipment are used whose failure may endanger the life and health of a larger number of employees and other natural persons and endanger the surroundings, and in areas where there are special hazards and hazards that may immediately and seriously endanger the life and health of employees,
1. adopt measures to eliminate the threat to life and health and, where this is not possible having regard to the scientific and technical knowledge achieved, adopt measures to limit them,
2. take the necessary measures to limit the possible consequences of the threat to life and health and allow access to the endangered area only to strictly necessary employees who have been properly and demonstrably informed and have training and equipment in accordance with legal regulations and other regulations for ensuring occupational safety and health,
i) determine safe working procedures,
j) determine and ensure the protective measures that must be taken and, where necessary, determine and provide the protective equipment that must be used,
k) draw up in writing and, as necessary, evaluate and update an occupational safety and health policy concept containing the principal objectives to be achieved in the field of occupational safety and health, and a programme for implementing this concept containing, in particular, the procedure, means and method of its implementation; this does not apply to an employer employing fewer than 11 employees or to an employer whose code under the statistical classification of economic activities at division or group level is not listed in prílohe č. 1,
l) issue internal regulations and rules on occupational safety and health and give instructions to ensure occupational safety and health,
m) draw up and, as necessary, update its own list of work and workplaces
1. prohibited for pregnant women, mothers until the end of the ninth month after childbirth and breastfeeding women,
2. involving a specific risk for pregnant women, mothers until the end of the ninth month after childbirth and breastfeeding women,
3. prohibited for juvenile employees,
n) keep and retain the prescribed documentation, records and registers relating to occupational safety and health for five years from the date of the last entry made in them, unless a special regulation provides otherwise,
o) assign employees to work having regard to their state of health, in particular the result of the assessment of their medical fitness for work, their abilities, age, qualification requirements and professional competence under legal regulations and other regulations for ensuring occupational safety and health, and not allow them to perform work that does not correspond to their state of health, in particular the result of the assessment of their medical fitness for work, or to their abilities, or for which they do not have the age, qualification requirements and a certificate of professional competence under legal regulations and other regulations for ensuring occupational safety and health,
p) ensure the assessment of the individual physical capabilities of the employee in the manual handling of loads,
q) ensure health surveillance, including preventive medical examinations in relation to work, at regular intervals having regard to the nature of the work and the working conditions at the workplace, and also when the employee so requests,
r) take care to ensure occupational safety and health for
1. employees at detached workplaces,
2. employees working alone at the workplace,
3. special groups of employees, in particular in relation to specific hazards that particularly affect their safety and health,
s) grant employees breaks at work for reasons of occupational safety and health,
t) not use, in work where employees are exposed to an increased possibility of injury or other damage to health, a method of remuneration which, with increasing work output, could result in endangering the safety or health of employees.
(2) To ensure occupational safety and health by means of personal protective equipment, the employer shall
a) draw up a list of the personal protective equipment provided on the basis of a risk assessment and an evaluation of the hazards arising from the work process and the working environment,
b) provide free of charge to employees whose life or health protection so requires the necessary effective personal protective equipment and keep records of its provision,
c) maintain personal protective equipment in a usable and functional condition and ensure its proper use.
(3) The employer shall, free of charge,
a) provide employees with work clothing and work footwear if they work in an environment in which clothing or footwear is subject to excessive wear or excessive soiling,
b) provide employees with drinking water if the protection of their life or health so requires, and provide washing, cleaning and disinfecting agents necessary for personal hygiene; the employer shall regulate the provision of drinking water in an internal regulation.
(4) The employer shall ensure that employees of another employer and natural persons who are entrepreneurs and are not employers who will perform work at its workplaces and on its premises receive the necessary information and instructions for ensuring occupational safety and health applicable to its workplaces and premises, in particular the information under . The employer may agree on the performance of work with a natural person who is an entrepreneur and is not an employer only if that natural person proves to the employer, by an appropriate document, the professional competence necessary to perform the work under legal regulations and other regulations for ensuring occupational safety and health.
(5) The employer shall issue a smoking ban at workplaces where non-smokers also work and ensure compliance with this ban as well as with the ban on smoking at workplaces.
(6) To ensure occupational safety and health, the employer shall inform the preventive and protective services () in writing of the employment of an employee for a fixed term and of the employment of an employee temporarily assigned to it under a special regulation.
(7) The employer shall take care of the safety and health protection of all persons present at its workplaces or on its premises with its knowledge.
(8) Managerial employees at all levels of management shall be responsible for performing the employer's tasks in the field of occupational safety and health to the extent of the tasks arising from their positions. These tasks are an equal and integral part of their work duties.
(9) An employer who is a natural person and the statutory body of an employer that is a legal person shall, after notification under and , ensure that the necessary preventive and protective measures are taken; where life or health is in imminent danger, they shall act without delay.
(10) The obligations of employees in ensuring occupational safety and health and in taking the necessary measures shall not affect the employer's responsibility for fulfilling obligations in the field of occupational safety and health.
(11) The costs associated with ensuring occupational safety and health shall be borne by the employer; the employer may not pass these costs on to the employee.
§ 7 AI
Instruction and Information of Employees
(1) The employer shall regularly, comprehensibly and demonstrably instruct each employee
a) on legal regulations and other regulations for ensuring occupational safety and health, on the principles of safe work, the principles of health protection at work, the principles of safe behaviour at the workplace and on safe working procedures, and verify their knowledge thereof,
b) on existing and foreseeable hazards and threats, the effects they may have on health and protection against them,
c) on the prohibition of entering an area, remaining in an area and performing activities that could immediately endanger the life or health of the employee.
(2) The employer shall comprehensibly and demonstrably acquaint the employee with the list of work and workplaces under .
(3) The employer shall instruct the employee in accordance with paragraphs 1 and 2 upon recruitment, transfer to another workplace, assignment or transfer to other work, and the introduction of a new technology, a new working procedure or new work equipment.
(4) The employer shall instruct employees in person or through its own employees, or through a natural person or legal person authorised to provide training and education in the field of labour protection under § 27 ods. 3 (hereinafter the “person authorised to provide training and education”). The provisions of § 27 ods. 4 až 17 do not apply to the instruction of its own employees by the employer in person or through its own employees.
(5) The content and method of instruction and the frequency of repeated instruction must be adapted to the nature of the work performed by the employee, his or her workplace and other circumstances relating to the performance of work, in particular work equipment, working procedures and new or changed hazards and threats. The employer shall regulate in an internal regulation the method of instruction, define the requirements for the professional competence of its own employees to provide instruction under paragraphs 1 and 2, and the frequency of repeated instruction so that it is carried out at least once every three years, unless legal regulations for ensuring occupational safety and health provide for a shorter period.
(6) Instruction and other training, including the practical part of training and education in the field of occupational safety and health of employees and employee representatives for occupational safety and health (hereinafter the “employee safety representative”), must take place during working time.
(7) Instruction is without prejudice to the obligation to complete professional training and refresher professional training under .
(8) The employer shall provide employees and employee representatives, including employee safety representatives, in an appropriate and comprehensible manner with the necessary information on
a) the hazards and threats that may occur at work and in connection with it, and the results of the risk assessment,
b) the preventive and protective measures taken by the employer to ensure occupational safety and health which apply generally to employees and to the work they perform at individual workplaces,
c) the measures and procedure in the event of damage to health, including the provision of first aid, as well as the measures and procedure for firefighting, rescue work and evacuation,
d) the preventive and protective measures proposed and ordered by the competent labour inspectorate or supervisory authorities,
e) occupational accidents, occupational diseases and other work-related damage to health that have occurred at the employer, including the results of the investigation of their causes, and the measures adopted and taken.
(9) The employer shall also provide the necessary information under paragraph 8, in particular on factors that affect or may affect the safety and health of employees, to the designated professionally competent employees (hereinafter the “professional employee”) performing preventive and protective services, including those who provide these services to it on a contractual basis ().
§ 8 AI
Obligations of the Employer in the Event of Imminent and Serious Danger to Life or Health
(1) To ensure the safety and health of employees at work in the event of imminent and serious danger to life or health, the employer shall, having regard to the size of the organisation, the nature of the work, the nature of the hazards and the level of risk,
a) take measures in advance and provide the means necessary to protect the life and health of employees and to provide first aid, and for that purpose in particular
1. lay down in writing the procedure for rescue work, evacuation and damage to health, including the provision of first aid,
2. equip workplaces with the necessary means, including first aid equipment,
3. designate a sufficient number of employees to carry out rescue work, evacuation and first aid as well as firefighting, and have them trained and regularly retrained by professionally competent persons,
4. arrange the necessary contacts with the relevant medical facilities, rescue services and fire brigades,
b) take measures in advance so that employees can take care of their own health and safety and, where appropriate, the health and safety of other persons, and, within their possibilities, prevent the consequences of this danger,
c) inform without delay all employees who are or may be exposed to the danger of the danger and of the relevant protective measures,
d) give instructions without delay and ensure that employees can stop their work, immediately leave the workplace and proceed to a place of safety,
e) not require employees, except in justified and exceptional cases, to work or remain at a workplace where such danger exists.
(2) The employer may not regard it as a failure to fulfil an obligation if an employee refused to perform work, interrupted work or left the workplace to proceed to a place of safety, if he or she reasonably believed that his or her life or health or the life or health of other persons was in imminent and serious danger.
§ 9 AI
Monitoring Activities
(1) The employer shall continuously monitor and require compliance with legal regulations and other regulations for ensuring occupational safety and health, the principles of safe work, health protection at work and safe behaviour at the workplace and safe working procedures, and in particular monitor
a) the state of occupational safety and health, including the state of safety of technical equipment; for that purpose, at intervals laid down by special regulations, ensure the inspection of this state, the measurement and evaluation of working environment factors, official tests, professional inspections and professional tests of designated technical equipment,
b) whether an employee is under the influence of alcohol, narcotic substances or psychotropic substances during working time and whether he or she complies with the smoking ban on the employer's premises,
c) the activities of an employee at a detached workplace and of an employee working alone at the workplace,
d) the proper use of personal protective equipment, protective devices and other protective measures.
(2) The employer shall remedy deficiencies identified through monitoring activities.
§ 10 AI
Cooperation between the Employer and Employees
The employer shall enable employees or employee safety representatives to participate in addressing occupational safety and health issues and shall discuss with them in advance matters that may substantially affect occupational safety and health. The employer shall submit documents to employees or employee safety representatives and set them a time limit of at least five working days from the date of submission of the documents to comment on
a) the draft occupational safety and health policy concept, the draft programme for its implementation and their evaluation,
b) the proposal for the selection of work equipment, technologies and work organisation, and the working environment and workplace,
c) the proposal for the designation of professional employees to perform preventive and protective services and the tasks under , and ,
d) the performance of the tasks of preventive and protective services if these tasks are performed on a contractual basis,
e) the risk assessment and the determination and implementation of protective measures, including the provision of personal protective equipment and collective protective equipment,
f) occupational accidents, dangerous occurrences, occupational diseases and other work-related damage to health that have occurred at the employer, including the results of the investigation of their causes, and the proposed measures,
g) the method and scope of informing employees, employee safety representatives and the designated professional employees performing preventive and protective services,
h) the planning and provision of instruction and information of employees under and the training of employee safety representatives.
§ 11 AI
Reconditioning Stay
(1) In order to prevent occupational diseases, the employer shall provide a reconditioning stay to an employee who performs a selected occupation. A reconditioning stay also includes work-related rehabilitation provided by the employer to the employee on an ongoing basis during the performance of work.
(2) For the purpose of providing a reconditioning stay, a selected occupation is an occupation in which work is performed that has been classified by the state administration authority for public health in the third or fourth category, and the reconditioning stay meets the condition of expediency in terms of preventing occupational damage to health.
(3) The condition of expediency of a reconditioning stay in terms of preventing occupational damage to health is not met if the employee is exposed at work to any of the following working environment factors:
a) a factor causing occupational skin allergy,
b) a biological factor,
c) electromagnetic radiation,
d) ultraviolet radiation,
e) infrared radiation,
f) laser.
(4) The reconditioning stay or work-related rehabilitation shall be proposed by the employer in cooperation with the occupational health service physician and in agreement with employee representatives, including employee safety representatives.
(5) The employer, in cooperation with the occupational health service physician, shall draw up a list of employees performing selected occupations, in agreement with employee representatives, including employee safety representatives.
(6) The occupational health service physician, in cooperation with the employer and in agreement with employee representatives, including employee safety representatives, shall draw up the content of the reconditioning stay. The employer shall acquaint the employee with the content of the reconditioning stay before it begins.
(7) The facility where the reconditioning stay is to take place must meet the requirements for accommodation and catering under a special regulation.
(8) The reconditioning stay shall be professionally managed and guided by a health professional qualified in particular in the study field of physiotherapy and in the specialisation field of physiatry, balneology and therapeutic rehabilitation, who shall draw up the reconditioning programme according to a framework programme, taking into account the exposure of employees to work and working environment factors; he or she shall cooperate with health professionals qualified in particular in the specialisation fields of preventive occupational medicine and toxicology, nutrition hygiene, health education and public health and in the study fields of public health and psychology.
(9) On the recommendation of the occupational health service physician and in agreement with employee representatives, including employee safety representatives, the employer may also provide a reconditioning stay to an employee performing work classified in the second category if the reconditioning stay meets the condition of expediency in terms of preventing occupational damage to health.
(10) An employee who has no symptoms of an acute illness or a communicable disease may participate in a reconditioning stay.
(11) An employee who has continuously performed work classified in the third category for at least five years and an employee who has continuously performed work classified in the fourth category for at least four years shall participate in a reconditioning stay. Continuous performance of work also includes an interruption of less than eight weeks.
(12) An employee shall participate in a further reconditioning stay once every three years if he or she has worked at least 600 work shifts in the selected occupation during that period, and an employee working with a proven chemical carcinogen if he or she has worked at least 400 work shifts.
(13) An employee shall participate in a further reconditioning stay once every two years if he or she works underground in mineral extraction or in the driving of tunnels and adits and has worked at least 275 work shifts in the selected occupation during that period.
(14) For the purposes of the reconditioning stay, a work shift worked is a work shift in which the employee has worked at least the major part of the work shift in the selected occupation. For an employee with unevenly distributed working time, the condition of the number of work shifts worked is met if their number, after conversion, corresponds to the specified number of work shifts of an employee with evenly distributed working time.
(15) The employer shall determine the start date, place and duration of the reconditioning stay on the basis of the recommendation of the occupational health service physician. The reconditioning stay shall last at least seven days; work-related rehabilitation shall last at least 80 hours over two years. A reconditioning stay should, as a rule, follow the taking of leave and may not be interrupted without serious reasons. Work-related rehabilitation need not follow the taking of leave.
(16) For the entire duration of the reconditioning stay, the employee must be provided with a programme-managed health regime, accommodation and full-day meals; accommodation and full-day meals are not provided for work-related rehabilitation.
(17) The employer shall determine the employee's mode of transport and other conditions in the same way as for a business trip and shall provide travel allowances. The costs of the reconditioning stay under shall be paid by the employer.
(18) The employer that determined the employee's participation in the reconditioning stay shall be liable for damage incurred by the employee while participating in the reconditioning stay or in direct connection with it. Participation in the reconditioning stay means carrying out the reconditioning programme. The journey there and back, meals and personal free time at the reconditioning facility are also in direct connection with participation in the reconditioning stay; an outing permitted but not organised by the provider of the reconditioning stay is not.
§ 12 AI
Rights and Obligations of Employees
(1) An employee has the right to
a) discuss with the employer all matters of occupational safety and health related to his or her work; where necessary, experts in the field concerned may also be invited to the discussion by mutual agreement,
b) refuse to perform work or leave the workplace and proceed to a place of safety if he or she reasonably believes that his or her life or health or the life or health of other persons is in imminent and serious danger.
(2) An employee shall
a) comply with legal regulations and other regulations for ensuring occupational safety and health, instructions for ensuring occupational safety and health, the principles of safe work, the principles of health protection at work, the principles of safe behaviour at the workplace and the prescribed working procedures on which he or she has been properly and demonstrably instructed,
b) cooperate with the employer and the employee safety representative to the necessary extent so as to enable them to fulfil obligations for ensuring occupational safety and health and the tasks imposed by the competent labour inspectorate or supervisory authority,
c) perform work, operate and use work equipment, materials, dangerous substances and other means in accordance with
1. the instructions for use on which he or she has been properly and demonstrably instructed,
2. the knowledge that forms part of the knowledge and skills within the professional competence acquired,
d) operate work equipment and perform higher-risk activities under legal regulations and other regulations for ensuring occupational safety and health only on the basis of a licence, certificate or document under or or under and only if authorised by the employer to perform such operation or activity,
e) properly use safety and protective devices, not put them out of operation and not alter them arbitrarily,
f) use the personal protective equipment assigned to him or her in the prescribed manner,
g) comply with the prohibition on entering a space, remaining in a space and performing activities laid down by special regulations which could directly endanger his life or health,
h) participate in instruction and other training provided by the employer in the interest of safety and health at work and undergo verification of his knowledge,
i) undergo preventive medical examinations in relation to work,
j) notify without undue delay the managerial employee or, where necessary, the safety technician, the employees' safety representative, the competent labour inspectorate or the competent supervisory authority of those deficiencies which could endanger safety or health at work, in particular serious and imminent danger to life or health, and participate in their elimination according to his abilities,
k) not consume alcoholic beverages, narcotic substances and psychotropic substances at workplaces and on the employer's premises and, during working time, also outside these workplaces and premises, and not report for work under their influence,
l) undergo an examination carried out by the employer or the competent state administration authority to determine whether the employee is under the influence of alcohol, narcotic substances or psychotropic substances; the employer shall specify in the work rules or in an internal regulation the range of the employer's employees and other persons authorised to instruct an employee to undergo the examination,
m) comply with the designated smoking ban at workplaces,
n) participate in reconditioning stays.
(3) The prohibition on consuming alcoholic beverages at workplaces and on the employer's premises and, during working time, also outside these workplaces shall not apply to an employee for whom the consumption of alcoholic beverages is exceptionally part of the performance of work tasks or is usually associated with the performance of these tasks.
(4) The provisions of paragraphs 2 and 3 shall apply mutatis mutandis to the statutory body of an employer that is a legal person and to a natural person who is an employer, if they perform work in person, and the provisions of paragraph 2(a) to (m) and paragraph 3 shall also apply mutatis mutandis to a natural person who is an entrepreneur and is not an employer.
(5) A managerial employee shall without delay notify his own managerial employee of deficiencies identified in the field of safety and health at work if the implementation of the necessary preventive and protective measures is beyond the scope of his work duties.
§ 13 AI
Safety of buildings, work premises, work equipment and working procedures
(1) The technical documentation of work equipment and working procedures used at work must contain requirements under special regulations and requirements for ensuring safety and health at work during their manufacture, transport, assembly, installation, operation, use, maintenance, repair, reconstruction and disposal. The technical documentation of buildings must contain requirements for ensuring safety and health at work for their preparation, construction, reconstruction and future operation. The technical documentation shall also include instructions for safe use and maintenance and the conditions for carrying out checks and inspections.
(2) During the use of buildings and their parts and work premises, the operation of work equipment and the use of working procedures, the employer shall ensure that the prescribed technical documentation is kept so that it corresponds to the actual state.
(3) The employer may use buildings, their parts and work premises, operate work equipment and use working procedures only if they comply with the regulations for ensuring safety and health at work, if the conditions specified by their designer, constructor, creator or manufacturer are met, and after the maintenance, inspections, checks, tests, official tests or professional inspections and professional tests laid down by special regulations or by the manufacturer's technical documentation have been carried out.
(4) Details on the requirements for buildings and their parts, communications, workplaces, work equipment, working procedures and activities in terms of ensuring safety and health at work are laid down by special regulations.
(5) The employer shall designate an employee to perform the activities laid down by special regulations which are necessary for ensuring safety and health at work in the use of buildings and their parts, the operation of work equipment and the use of working procedures.
(6) The employer shall clearly mark workplaces and equipment that may endanger or damage the health of an employee and shall use safety and health signs at work under a special regulation.
(7) Paragraphs 1 to 6 shall also apply to the common parts of the building and common facilities of the building in an apartment building and to non-residential premises, with the exception of flats and family houses in personal ownership; the tasks of the employer shall be performed by the association of owners of flats and non-residential premises in the building or by the administrator of the common parts of the building, common facilities of the building, non-residential premises and appurtenances that are co-owned by the owners of flats and non-residential premises.
§ 14 AI
Verification of compliance with the safety requirements of technical equipment
(1) Verification of compliance with the safety requirements of technical equipment includes
a) verification of the professional competence of the employer for professional inspections and professional tests and repairs of designated technical equipment under the legal regulations for ensuring safety and health at work, for filling pressure vessels for the transport of gases, including filling motor vehicle tanks with gas, and the issuing of authorisations for these activities,
b) carrying out inspections, managing and evaluating or carrying out official tests and other tests under the legal regulations for ensuring safety and health at work on designated technical equipment, including marking the designated technical equipment, and issuing the relevant documents,
c) verification of the professional knowledge of a natural person for carrying out tests, professional inspections and professional tests, repairs and operation of designated technical equipment under the legal regulations for ensuring safety and health at work and the issuing of a licence or certificate under , and
d) assessment of whether technical equipment, material and documentation of technical equipment and technologies meet the requirements of safety and health at work and the issuing of an expert opinion,
e) assessment of whether the project documentation of buildings with technical equipment and its changes meet the requirements of safety and health at work and the issuing of a binding opinion on the construction plan, a compliance clause to the building project and an expert opinion on the building project for notification and on the implementation project.
(2) Compliance with the safety requirements of technical equipment under paragraph 1 may be verified by a legal person holding an authorisation issued by the National Labour Inspectorate (hereinafter the “authorised legal person”). Compliance with the safety requirements of technical equipment under paragraph 1 located at the workplaces of the Ministry of Defence of the Slovak Republic, the armed forces of the Slovak Republic, budgetary organisations, subsidised organisations, joint-stock companies and state enterprises within the founding or establishing competence of the Ministry of Defence of the Slovak Republic shall be verified by the Ministry of Defence of the Slovak Republic. The activity of the authorised legal person shall not apply to technical equipment subject to supervision by authorities under special regulations. The authorised legal person shall notify the National Labour Inspectorate or publish on its website the date, time and place of the verification of professional knowledge at least 15 days before it begins and shall send to the National Labour Inspectorate information to the extent under paragraph 7(b) on the licences and certificates it has issued no later than the tenth day of the calendar month following the calendar month in which the licences and certificates were issued.
(3) After verifying that the conditions laid down by this Act have been met, the National Labour Inspectorate shall issue to a legal person, on the basis of its written application, an authorisation to verify compliance with the safety requirements of technical equipment under paragraph 1. The application under the preceding sentence must contain the name, registered office and identification number of the applicant; it shall be accompanied by proof of payment of the administrative fee and documents by which the legal person proves that it
a) does not perform an activity for which professional competence is verified under paragraph 1(a), and does not perform design, construction and supply activities in the field of technical equipment or the design of buildings,
b) has concluded employment relationships with professionally competent natural persons to perform the activity under paragraph 1,
c) has the technical and instrumental equipment necessary to perform the activity under paragraph 1,
d) has the performance of the activity under paragraph 1 professionally and organisationally ensured, including working procedures for its performance, and has a quality assurance system that guarantees the professionalism, independence and impartiality of the performance of this activity, and
e) is accredited under a special regulation to perform the activity of an inspection body independent of the parties concerned (type A) and to perform the activity of a certification body for the certification of products, persons and management systems.
(4) The National Labour Inspectorate shall state in the authorisation the name, registered office and identification number of the authorised legal person and, where applicable, other data. The authorisation shall be issued for an indefinite period.
(5) The activity under paragraph 1 shall be performed for a fee; the general regulation on administrative proceedings shall not apply to this activity.
(6) The authorised legal person shall comply with the conditions referred to in paragraph 3 throughout the performance of the activity under paragraph 1; in the event of failure to comply with this obligation or of a breach of the legal regulations and other regulations for ensuring safety and health at work in performing the activity under paragraph 1, the National Labour Inspectorate shall withdraw its authorisation to verify compliance with the safety requirements of technical equipment.
(7) The authorised legal person shall, within 15 days of the date of issue, publish on its website a list of the issued
a) authorisations under paragraph 1(a), in which it shall state
1. the name and registered office of the legal person, or the name, surname and permanent residence address of the natural person who is an employer, to whom the authorisation was issued,
2. the type and scope of the activity for which the authorisation was issued,
3. the date of issue of the authorisation,
b) licences and certificates under paragraph 1(c), in which it shall state
1. the name, surname and permanent residence address of the natural person to whom the licence or certificate was issued,
2. the activity for which the licence or certificate was issued, including the scope of the activity,
3. the date of issue of the licence or certificate.
(8) The validity of the authorisation to verify compliance with the safety requirements of technical equipment shall expire
a) upon the deletion of the authorised legal person from the Commercial Register,
b) upon the decision on the withdrawal of the authorisation under paragraph 6 becoming final.
(9) The authorised legal person shall, within 15 days, notify the National Labour Inspectorate in writing of any change in the name, registered office or identification number stated in the authorisation to verify compliance with the safety requirements of technical equipment and prove it with documents. On the basis of the notification under the first sentence, the National Labour Inspectorate shall issue to the authorised legal person a new authorisation to verify compliance with the safety requirements of technical equipment with updated data.
(10) A legal person whose authorisation to verify compliance with the safety requirements of technical equipment has been withdrawn under paragraph 6 may reapply for the issue of an authorisation to verify compliance with the safety requirements of technical equipment no earlier than one year after the date on which the decision on the withdrawal of the authorisation became final.
(11) The National Labour Inspectorate shall publish a list of authorised legal persons stating their name, registered office and a list of withdrawn authorisations.
(12) Paragraphs 1 to 6 shall also apply to the common parts of the building and common facilities of the building in an apartment building and to non-residential premises, with the exception of flats and family houses in personal ownership; the tasks of the employer shall be performed by the association of owners of flats and non-residential premises in the building or by the administrator of the common parts of the building, common facilities of the building, non-residential premises and appurtenances that are co-owned by the owners of flats and non-residential premises.
§ 15 AI
Authorisation to perform activities
(1) Professional inspections and professional tests and repairs of designated technical equipment under the legal regulations for ensuring safety and health at work and the filling of a pressure vessel for the transport of gases, including filling a motor vehicle tank with gas, may be performed for another natural person or another legal person only by an employer holding an authorisation to perform activities (hereinafter the “authorisation”).
(2) The authorisation for the activities under paragraph 1 shall be issued by an authorised legal person on the basis of a written application. The application, accompanied by documents proving that the conditions under paragraph 3 are met, shall contain
a) the name, surname, date of birth and permanent residence address of a natural person,
b) the name, registered office, identification number, if already assigned, and the name and registered office of the organisational unit for which the authorisation is requested, in the case of a legal person,
c) the type and scope of the activity for which the authorisation is requested.
(3) The conditions for the issue of the authorisation are
a) a concluded employment contract between the employer and an employee holding the relevant document of professional competence under for the performance of the activity under paragraph 1,
b) an adequate manner and extent of ensuring the performance of the activity from the technical, technological, personnel and organisational point of view.
(4) The authorised legal person shall issue the authorisation after verifying that the conditions laid down by this Act, the legal regulations and other regulations for ensuring safety and health at work have been met.
(5) The authorisation shall be issued for an indefinite period. The authorisation shall state
a) the name and registered office of the authorised legal person that issued the authorisation,
b) the registration number of the authorisation,
c) the name and registered office of the legal person, or the name, surname and permanent residence address of the natural person who is an employer, to whom the authorisation was issued,
d) the type and scope of the activity for which the authorisation is issued and, where necessary, also special conditions for its performance,
e) the date of issue, the stamp imprint and the name, position and signature of the representative of the authorised legal person.
(6) An employer to whom an authorisation has been issued shall, when performing the activity under the authorisation, comply with the conditions laid down in paragraph 3 and paragraph 5(d).
(7) The competent labour inspectorate shall withdraw the authorisation
a) for a serious breach or repeated breach of the legal regulations and other regulations for ensuring safety and health at work,
b) for failure to comply with the conditions laid down in paragraph 3 and paragraph 5(d),
c) if so requested by the employer to whom the authorisation was issued.
(8) The validity of the authorisation shall expire
a) upon the deletion of the legal person from the Commercial Register,
b) upon the termination of the trade licence,
c) upon the decision of the competent labour inspectorate on its withdrawal becoming final,
d) upon the death of the natural person holding the authorisation or upon that person being declared dead.
(9) An employer holding an authorisation shall, within 15 days, notify in writing the authorised legal person that issued the authorisation of any change in the data referred to in paragraph 5(c) and prove it with documents. On the basis of the notification under the first sentence, the authorised legal person shall issue to the employer a new authorisation with updated data.
(10) An employer whose authorisation has been withdrawn under paragraph 7 may reapply for the issue of an authorisation no earlier than one year after the date on which the decision on the withdrawal of the authorisation became final.
(11) A natural person who is an entrepreneur and is not an employer may perform the activity under paragraph 1 without an authorisation if he is professionally competent to perform it; professional competence shall be proved by a document under .
§ 16 AI
Licence, certificate and document
(1) A natural person may operate specified work equipment and perform specified work activities laid down by the legal regulations for ensuring safety and health at work during its operation only on the basis of
a) a valid licence or a valid certificate issued
1. by an authorised legal person, in the case of an activity referred to in prílohe č. 1a písm. a) až g), i) až k) and m),
2. by a person authorised to provide training and education, in the case of an activity referred to in prílohe č. 1a písm. h), l), n) až p) and t),
3. by a secondary school or a higher education institution in preparing pupils and students for the pursuit of an occupation, in the case of an activity referred to in prílohe č. 1a písm. h), l), n) až p) and t),
b) a document of completion of training and education of persons for operation issued by a person authorised to provide training and education, in the case of an activity referred to in prílohe č. 1a písm. q) až s), or
c) a document of verification of professional knowledge issued by an inspection technician, if so laid down by the legal regulations for ensuring safety and health at work.
(2) The condition for the issue of a licence, certificate or document under paragraph 1(b) is
a) an age of at least 18 years, unless the legal regulations for ensuring safety and health at work provide otherwise,
b) education and experience under the legal regulations for ensuring safety and health at work,
c) medical fitness for work necessary for performing the activity referred to in prílohe č. 1a,
d) completion of professional training to the extent laid down by the legal regulations for ensuring safety and health at work,
e) verification of professional knowledge.
(3) A licence, certificate or document under paragraph 1(b) shall be issued on the basis of a written application in which the natural person states his name, surname, date of birth, permanent residence address and the activity for which he requests the issue of the licence, certificate or document. The natural person shall attach to the application documents proving that the conditions under paragraph 2(a) to (c) are met.
(4) Medical fitness for work under paragraph 2(c) shall be assessed on the basis of the result of a preventive medical examination in relation to work. Medical fitness for work under the first sentence shall be proved by a medical opinion not older than six months.
(5) A licence, certificate or document under paragraph 1(b) shall be issued for an indefinite period. The licence, certificate or document under paragraph 1(b) shall state
a) the name and registered office of the authorised legal person, the person authorised to provide training and education, or the secondary school or higher education institution that issued the licence, certificate or document under paragraph 1(b); the person authorised to provide training and education shall also state the registration number of its authorisation,
b) the registration number of the licence, certificate or document under paragraph 1(b),
c) the provision of the generally binding legal regulation under which the licence, certificate or document under paragraph 1(b) is issued,
d) the activity for which the licence, certificate or document under paragraph 1(b) is issued and, where necessary, also the scope of the activity,
e) the name, surname, date of birth and permanent residence address of the natural person to whom the licence, certificate or document under paragraph 1(b) is issued,
f) the date of the final examination,
g) the date and place of issue of the licence, certificate or document under paragraph 1(b),
h) the stamp imprint and the name, surname and signature of the natural person or representative of the legal person who issued the licence, certificate or document under paragraph 1(b).
(6) A natural person holding a licence, certificate or document under paragraph 1(b) shall undergo a preventive medical examination in relation to work assessing his medical fitness for work necessary for performing this activity within five years of the date of
a) the issue of the licence, certificate or document under paragraph 1(b),
b) the previous preventive medical examination in relation to work.
(7) A medical examination carried out under a special regulation shall also be considered a preventive medical examination in relation to work for the purposes of paragraphs 4 and 6 if a driving licence is required for operating the specified work equipment under paragraph 1.
(8) A natural person holding a licence, certificate or document under paragraph 1(b) shall, within five years of the date of issue of the licence, certificate or document under paragraph 1(b), complete refresher professional training with a person authorised to provide training and education. A natural person holding a licence, certificate or document under paragraph 1(b) shall complete further refresher professional training within five years of the date of completion of the previous refresher professional training. The person authorised to provide training and education shall state in the licence, certificate or document under paragraph 1(b) the date of completion of the refresher professional training.
(9) If the time limit under paragraph 6 or paragraph 8 expires during a period when the natural person holding a licence, certificate or document under paragraph 1(b) is recognised as temporarily unfit for work, the time limit shall be deemed to have been met if that natural person undergoes the preventive medical examination in relation to work or completes the refresher professional training within three months of the end of the temporary incapacity for work. In the period from the end of the temporary incapacity for work until the notification of the result of the preventive medical examination in relation to work or until the completion of the refresher professional training, the natural person may not perform the activity for which he has been issued a licence, certificate or document under paragraph 1(b).
(10) A natural person holding a licence, certificate or document under paragraph 1(b) shall comply in his professional activity with the legal regulations and other regulations for ensuring safety and health at work.
(11) If a natural person holding a licence, certificate or document under paragraph 1(b) acts seriously or repeatedly in breach of the legal regulations and other regulations for ensuring safety and health at work in his professional activity, the competent labour inspectorate shall withdraw his licence, certificate or document under paragraph 1(b). A natural person whose licence or certificate has been withdrawn may reapply for their issue no earlier than one year after the date on which the decision on their withdrawal became final.
(12) A licence, certificate or document under paragraph 1(b) shall cease to be valid
a) upon the decision on withdrawal under paragraph 11 becoming final,
b) if the natural person has not undergone the preventive medical examination in relation to work under paragraph 6 or if, according to the result of the preventive medical examination in relation to work, he does not have the medical fitness for work necessary for performing the activity for which he was issued the licence, certificate or document under paragraph 1(b),
c) if the natural person has not completed the refresher professional training.
(13) Paragraphs 1 to 12 shall also apply to the common parts of the building and common facilities of the building in an apartment building and to non-residential premises, with the exception of flats and family houses in personal ownership; the tasks of the employer shall be performed by the association of owners of flats and non-residential premises in the building or by the administrator of the common parts of the building, common facilities of the building, non-residential premises and appurtenances that are co-owned by the owners of flats and non-residential premises.
(14) A natural person may perform the activities under paragraph 1(a) or (b), instead of on the basis of a licence, certificate or document under paragraph 1(b), on the basis of
a) a valid document of recognition of professional competence; the provisions of paragraph 2(a) and (c), paragraphs 3 and 4, the first sentence of paragraph 5 and paragraphs 6 to 12 shall apply mutatis mutandis to this document, or
b) a valid document of the relevant professional competence issued in another Member State of the European Union, in the case of a natural person who is a cross-border service provider or who is posted to perform work in the provision of services from another Member State of the European Union to the territory of the Slovak Republic.
§ 17 AI
Occupational accident, other accident, occupational disease, dangerous occurrence and major industrial accident
(1) An employee shall without delay notify the employer of the occurrence of
a) an occupational accident or service accident (hereinafter the “occupational accident”) that he has suffered, if his state of health so permits,
b) an accident other than an occupational accident or a death that did not occur as a result of an occupational accident, if they occurred at the workplace or on the employer's premises,
c) a dangerous occurrence,
d) a major industrial accident.
(2) The obligation to notify the employer of the occurrence of an event referred to in paragraph 1 shall also apply to an employee or natural person who witnessed the occurrence of that event. The employer shall determine by an internal regulation to whom and in what manner the occurrence of an event under paragraph 1 is to be notified.
(3) After the notification under paragraph 1, the employer shall without delay take the necessary measures to prevent further danger to life and health. In the case of events under paragraph 5(a), second and third points, the state of the workplace may not be changed until the arrival of the competent investigating authorities, except for the necessary measures to protect life and health or to prevent major economic damage. If the state of the workplace is changed as a result of measures taken to prevent further possible danger to life and health or major economic damage, the employer shall prepare the documentation on the state of the workplace necessary for investigating the causes of such an event.
(4) The employer shall register an occupational accident that caused the employee's incapacity for work lasting more than three days or the death of the employee as a result of the occupational accident (hereinafter the “registered occupational accident”) by
a) establishing the cause and all the circumstances of its occurrence, with the participation of the employee who suffered the registered occupational accident, if possible with regard to his state of health, and with the participation of the relevant employees' safety representative; in the case of death or grievous bodily harm (hereinafter the “serious occupational accident”), the employer shall also invite the safety technician to the investigation of the causes,
b) drawing up a record of the registered occupational accident no later than eight days from the day on which he learned that it was a registered occupational accident,
c) adopting and implementing the necessary measures to prevent a recurrence of a similar occupational accident.
(5) After receiving the notification, the employer shall without delay notify the occurrence of
a) a registered occupational accident
1. to the employees' representatives, including the relevant employees' safety representative,
2. to the relevant unit of the Police Force, if the facts established indicate that a criminal offence has been committed in connection with the occupational accident,
3. to the competent labour inspectorate or the competent supervisory authority, in the case of a serious occupational accident,
b) a major industrial accident to the competent labour inspectorate or the competent supervisory authority.
(6) If an employee has suffered an occupational accident at the workplace of another employer, that employer shall without delay notify the occurrence of the occupational accident to the employer of the injured employee. If an employee has suffered a registered occupational accident at the workplace of another employer,
a) that employer shall
1. fulfil the notification obligation under paragraph 5(a),
2. establish the cause of the registered occupational accident under paragraph 4(a),
3. after drawing up the basis for the record of the registered occupational accident under paragraph 4(b), send this basis to the employee's employer,
4. adopt and implement measures under paragraph 4(c),
b) the employee's employer shall fulfil the obligations under paragraph 4(b) and (c), paragraph 5(a) and paragraphs 7, 8 and 12.
(7) The employer shall
a) send the record of the registered occupational accident within eight days of the day on which he learned that it was a registered occupational accident
1. to the competent labour inspectorate or the competent supervisory authority,
2. to the employee who suffered the registered occupational accident or to the survivors, if the employee died as a result of the occupational accident,
b) send to the competent labour inspectorate or the competent supervisory authority a report on the investigation of the causes and circumstances of the serious occupational accident and on the measures adopted and implemented to prevent a recurrence of a similar occupational accident within 30 days of the day on which he learned of its occurrence.
(8) The employer shall keep records of
a) occupational accidents, in which he shall record the data necessary for drawing up a record of a registered occupational accident if the consequences of the occupational accident manifest themselves later,
b) accidents other than occupational accidents and dangerous occurrences, in which he shall record data on the cause of their occurrence and on the measures adopted and implemented to prevent similar accidents and occurrences,
c) recognised occupational diseases and risks of occupational disease, in which he shall record data on the cause of their occurrence and on the measures adopted and implemented to prevent the same or a similar occupational disease.
(9) The employer shall also fulfil the obligations under paragraph 4(a) and (c) and paragraph 5(a), first point, in the case of a dangerous occurrence, occupational accident, other accident, occupational disease or risk of occupational disease.
(10) The health care provider shall, at the request of the employer, the competent labour inspectorate and the competent supervisory authority, notify in writing within ten days whether it is a serious occupational accident under paragraph 4(a) and, in the case of grievous bodily harm, also the determination of the serious health disorder or serious illness under .
(11) A state authority, an insurance company, the Social Insurance Agency, a health insurance company, a doctor and other health care worker, and a natural person and legal person providing a safety technical service and an occupational health service shall without delay notify the competent labour inspectorate or the competent supervisory authority of an occupational accident or a major industrial accident of which they have become aware in the course of their activities, if there is a reasonable suspicion that the event has not been notified under paragraph 5. The notification shall contain basic data on the person and the employer concerned by the event.
(12) For the purposes of paragraphs 5, 7, 10 and 11, the competent labour inspectorate or the competent supervisory authority shall be the one in whose territorial district the occupational accident or major industrial accident occurred.
§ 18 AI
Cooperation of employers
(1) If employees of several employers or natural persons authorised to conduct business perform tasks at a shared workplace in such a way that their safety or health may be endangered, the cooperation of the employers and these persons in the prevention, preparation and implementation of measures for ensuring safety and health at work, the coordination of activities and mutual information must be agreed in writing. The agreement shall determine which of them is obliged to create the conditions for ensuring the safety and health of employees at the shared workplace and to what extent.
(2) Employers whose employees perform tasks at a shared workplace shall inform each other in particular of possible dangers, preventive measures and measures for providing first aid, fighting fires, carrying out rescue work and evacuating employees. Each employer shall provide this information to its employees and the employees' safety representatives.
(3) An employer and a natural person who is an entrepreneur and is not an employer performing assembly, repair, construction and other work for other natural persons and legal persons shall agree with the client the securing and equipping of the workplace for the safe performance of work. The work may begin only when the workplace is properly secured and equipped.
(4) A developer, an employer and a natural person who is an entrepreneur and is not an employer providing work connected with construction shall, in addition to the obligations laid down by this Act, comply with the conditions for ensuring safety and health in the preparation of the building project and in the execution of the construction to the extent laid down by special regulations.
(5) The authorised legal person shall be a legal person concerned in proceedings on a construction plan if it concerns a building with technical equipment intended for the performance of the tasks of an employer or of a natural person who is an entrepreneur and is not an employer. For the purposes of proceedings under the Building Act, the developer shall submit to the authorised legal person for assessment the project documentation of the building with technical equipment and any change to the project documentation of the building. The developer shall, as a rule, submit the stages of the project documentation to the same selected authorised legal person; this shall not apply if the authorised legal person has ceased to exist or its authorisation to verify compliance with the safety requirements of technical equipment has been withdrawn. The authorised legal person shall without delay send a copy of the issued compliance clause to the building project to the competent labour inspectorate or the competent supervisory authority.
§ 19 AI
Employees' safety representative
(1) An employer that employs at least ten employees or whose code under the statistical classification of economic activities at the level of division or group is listed in prílohe č. 1 shall, and another employer may, appoint one or more employees as employees' safety representatives on the basis of a proposal of the relevant trade union body, the works council or an election by the employees if there is no trade union body or works council at the employer. An employee may be proposed or elected as an employees' safety representative only with his written consent.
(2) One employees' safety representative at an employer whose code under the statistical classification of economic activities at the level of division or group is listed in prílohe č. 1 may represent no more than 50 employees. At other employers, one employees' safety representative may represent more than 50 employees, but no more than 100 employees.
(3) The employees' safety representative shall be entitled to
a) carry out inspections of workplaces and verify the implementation of measures in terms of ensuring safety and health at work,
b) request from the employer information on facts affecting safety and health at work; he may discuss such information with the trade union organisation or the works council operating at the employer and, by agreement with the employer, also with experts in the field, provided that classified information protected by special regulations is not disclosed,
c) cooperate with the employer and submit proposals for measures to increase the level of safety and health at work,
d) request the employer to remedy the deficiencies identified; if the employer does not remedy the deficiencies of which it has been notified, he shall be entitled to submit complaints to the competent labour inspectorate or the competent supervisory authority,
e) participate in meetings organised by the employer concerning safety and health at work, the investigation of the causes of occupational accidents, occupational diseases and other events under , and the measurement and assessment of factors of the working environment, participate in inspections carried out by the competent labour inspectorate or the competent supervisory authority and request from the employer information on the results and conclusions of these inspections and on the implementation of the measures, measurements and assessments ordered,
f) submit comments and proposals to the competent labour inspectorate or the competent supervisory authority during labour inspection or supervision at the employer.
(4) If no employees' safety representative has been appointed at the employer, the rights under paragraph 3(b) to (f) shall be exercised by the employees, and the employer shall fulfil the obligations laid down by this Act that it has towards employees' safety representatives directly towards the employees in a manner ensuring the adequate participation of employees in the field of safety and health at work.
(5) The employer shall provide employees' safety representatives with training for the performance of tasks under paragraph 3, grant them adequate time off work with wage compensation and create the necessary conditions for the performance of their function.
(6) The employer shall make available at its workplaces, in a customary and freely accessible place, a list of the employees' safety representatives together with the workplace at which they work.
§ 20 AI
Safety and health at work committee
(1) An employer that employs more than 100 employees shall establish, as its advisory body, a safety and health at work committee composed of employees' safety representatives and employer's representatives, in particular experts in the field, with employees' safety representatives forming an absolute majority. The safety and health at work committee shall meet at least once a year.
(2) The safety and health at work committee shall be entitled to
a) regularly assess the state of safety and health at work, the state and development of occupational accidents, occupational diseases and other events under and assess other issues of safety and health at work, including the working environment and working conditions,
b) propose measures in the field of management, control and improvement of the state of safety and health at work,
c) express its opinion on all issues related to safety and health at work,
d) request from the employer the information necessary for the performance of its activities.
(3) The establishment of the safety and health at work committee shall be without prejudice to the rights of employees' safety representatives.
(4) If no employees' safety representatives have been appointed at the employer, the rights under paragraph 2 may be exercised by the employees.
§ 21 AI
Preventive and protective services
(1) Preventive and protective services for the purposes of this Act are professional services provided to the employer that relate to the selection, organisation and performance of professional tasks in ensuring safety and health at work, in particular the prevention of risks, including psychosocial risks, and protection against them.
(2) Preventive and protective services are the safety technical service () and the occupational health service.
(3) The employer shall provide a safety technical service for its employees. To perform the safety technical service, the employer shall designate a sufficient number of its own professional employees who are in an employment relationship or a similar working relationship with it. An employer that performs the safety technical service through its own professional employees must be adequately technically and instrumentally equipped with the necessary work equipment.
(4) If the employer, having regard to the size of the organisation, the number of employees, the working conditions and the extent, nature and distribution of hazards and the resulting risks, does not have sufficient professional employees, it shall contractually arrange for the safety technical service to be performed on a contractual basis by one or more natural persons who are entrepreneurs or by legal persons authorised to perform the safety technical service.
(5) The employer shall provide its own professional employee, or agree with the natural person who is an entrepreneur or the legal person authorised to perform the safety technical service, sufficient time to perform professional tasks in ensuring safety and health at work necessary to ensure the required preventive and protective measures. In determining sufficient time, the employer shall take into account the size of the organisation, the number of employees, the working conditions and the extent, nature and distribution of hazards and the resulting risks.
(6) A professional employee shall prove his professional competence by a document of professional competence.
(7) The safety technical service shall cooperate with the occupational health service, the relevant organisational units of the employer and the employees' representatives, including employees' safety representatives. The establishment of a safety technical service or the performance of its tasks on a contractual basis shall be without prejudice to the employer's obligations in the field of safety and health at work and its responsibility for ensuring the safety and health of employees at work.
(8) The safety technical service may be performed on a contractual basis only by a natural person who is an entrepreneur or by a legal person if they hold an authorisation to perform the safety technical service issued by the National Labour Inspectorate. A natural person who is an entrepreneur and is not an employer shall be entitled to perform the safety technical service on a contractual basis in person without this authorisation if he is a safety technician.
(9) The National Labour Inspectorate shall issue the authorisation under paragraph 8 on the basis of a written application in which the applicant states its name, registered office and identification number. The written application shall be accompanied by proof of payment of the administrative fee and documents by which the applicant proves that, for the performance of the safety technical service, it
a) has professional employees with whom it has concluded an employment relationship or a similar working relationship,
b) has developed working procedures for the performance of individual professional activities and adequate organisational arrangements for their performance,
c) has adequate work premises,
d) is adequately technically and instrumentally equipped,
e) is independent of employers in the performance of professional activities.
(10) The National Labour Inspectorate shall issue the authorisation under paragraph 8 after verifying that the conditions under paragraph 9 have been met. It shall state in the authorisation the name, registered office and identification number of the natural person who is an entrepreneur or the legal person to whom the authorisation is issued and the registration number of the authorisation. The authorisation shall be issued for an indefinite period. The National Labour Inspectorate shall keep records of the issued authorisations and publish a list of natural persons who are entrepreneurs and legal persons to whom an authorisation to perform the safety technical service has been issued, stating their name, registered office and identification number.
(11) A natural person who is an entrepreneur or a legal person authorised to perform the safety technical service shall perform this activity impartially, promote compliance with the legal regulations and other regulations for ensuring safety and health at work at the employer, continuously fulfil the conditions referred to in paragraph 9 and allow the competent labour inspection authority to check their fulfilment in the performance of the safety technical service.
(12) The National Labour Inspectorate shall withdraw the authorisation to perform the safety technical service if the natural person who is an entrepreneur or the legal person authorised to perform the safety technical service breaches the conditions referred to in paragraph 9 in its professional activity or repeatedly or seriously breaches the legal regulations for ensuring safety and health at work in its professional activity.
(13) The validity of the authorisation to perform the safety technical service shall expire
a) upon the deletion of the legal person from the Commercial Register,
b) upon the termination of the trade licence,
c) upon the decision on the withdrawal of the authorisation to perform the safety technical service under paragraph 12 becoming final,
d) upon the death of the natural person who is an entrepreneur authorised to perform the safety technical service or upon that person being declared dead.
(14) A natural person who is an entrepreneur or a legal person authorised to perform the safety technical service shall, within 15 days, notify the National Labour Inspectorate in writing of any change in the name or registered office stated in the authorisation and prove it with documents. On the basis of the notification under the first sentence, the National Labour Inspectorate shall issue to the natural person who is an entrepreneur or the legal person a new authorisation to perform the safety technical service with updated data.
(15) A natural person who is an entrepreneur or a legal person whose authorisation to perform the safety technical service has been withdrawn under paragraph 12 may reapply for the issue of an authorisation to perform the safety technical service no earlier than one year after the date on which the decision on the withdrawal of that authorisation became final; this shall not apply to the withdrawal of the authorisation for a breach of the condition referred to in paragraph 9(a).
§ 22 AI
Safety technical service
(1) The safety technical service shall provide the employer with advisory services in the field of professional, methodological, organisational, control, coordination, educational and other tasks in ensuring safety and health at work, in particular with regard to the adequacy of work premises and buildings, work processes and working procedures, work equipment and other technical equipment, the working environment and their technical, organisational and personnel arrangements. In the interest of optimising working conditions, the safety technical service shall influence the attitudes of the employer, managerial employees and employees towards safety and health at work.
(2) The tasks of the safety technical service shall be performed by a safety technician and, where necessary, also by another expert in prevention and protection in a specific area of safety and health at work.
(3) For the purposes of performing the tasks of the safety technical service at an employer whose code under the statistical classification of economic activities at the level of division or group listed in prílohe č. 1 is 05 to 09, a natural person who performs the function of a professionally competent employee for tasks in the field of safety and health at work and operational safety under a special regulation shall be considered a safety technician.
(4) When designating one or more safety technicians, the employer shall take into account the size of the organisation, the number of employees, the working conditions, the diversity and complexity of work processes and the extent, nature and distribution of hazards and the resulting risks. The number of safety technicians must guarantee the efficient and effective organisation and performance of professional tasks related to ensuring safety and health at work, in particular the prevention of risks and protection against them. The minimum number of safety technicians that the employer is obliged to designate according to the number of employees is set out in prílohe č. 1b; the condition concerning the number of employees per safety technician shall equally apply where the performance of the tasks of the safety technical service is ensured on a contractual basis.
(5) The function of a safety technician may exceptionally be combined only with other professional activities aimed at ensuring the protection of the life or health of employees, the prevention of major industrial accidents, fire protection and the performance of professional inspections and professional tests of designated technical equipment.
(6) An employer who is a natural person, or the statutory body of an employer that is a legal person, may personally perform the professional tasks of a safety technician at its workplaces if it is professionally competent to perform them under paragraph 7 and
a) employs fewer than five employees, if its code under the statistical classification of economic activities at the level of division or group is listed in prílohe č. 1,
b) employs fewer than 19 employees, if its code under the statistical classification of economic activities at the level of division or group is not listed in prílohe č. 1.
(7) An employer who is a natural person, or the statutory body of an employer that is a legal person, is professionally competent to personally perform the professional tasks of a safety technician at its workplaces if it
a) has acquired professional education in the field of safety and health at work through secondary school or university studies, or
b) has completed specific professional training in safety and health at work of at least 16 hours with a person authorised to provide training and education.
(8) The safety technician shall be entitled, at the employer at which he performs his professional activity, to order the relevant managerial employee to take the necessary measure to protect the safety and health of employees if the life or health of an employee is directly endangered; the ordered measure, of which the safety technician shall without delay inform the statutory body of the employer, shall remain in force until it is cancelled or changed by the statutory body of the employer.
§ 23 AI
Safety technician
(1) A safety technician is a natural person holding a valid certificate of professional competence of a safety technician (hereinafter the “safety technician certificate”) issued by the National Labour Inspectorate.
(2) The condition for the issue of a safety technician certificate is that the applicant
a) has acquired complete secondary general education or complete secondary vocational education, has completed professional training in the field of safety and health at work with a person authorised to provide training and education of safety technicians and has successfully passed the safety technician examination,
b) has acquired professional education in the field of safety and health at work within secondary school studies completed by the school-leaving examination or university studies at an authorised school which has defined the content and scope of the field of study of safety and health at work by agreement with the National Labour Inspectorate and has thus obtained authorisation to provide training and education of safety technicians (hereinafter the “school”), and has successfully passed the safety technician examination, or
c) has at least five years of experience as a labour inspector.28)
(3) The safety technician certificate shall be issued on the basis of an application; an applicant for a safety technician certificate under paragraph 2(c) may submit the application for the issue of the safety technician certificate no later than two years after ceasing to perform the activity of a labour inspector. In the application for the issue of the safety technician certificate, the applicant shall state his name, surname, title, date of birth and permanent residence address and shall attach to the application
a) proof of complete secondary general education or complete secondary vocational education and proof of completion of professional training in the field of safety and health at work with a person authorised to provide training and education of safety technicians, if he applies for a safety technician certificate under paragraph 2(a),
b) proof of professional education in the field of safety and health at work acquired within secondary school studies completed by the school-leaving examination or university studies at the school, if he applies for a safety technician certificate under paragraph 2(b),
c) proof of at least five years of experience as a labour inspector, if he applies for a safety technician certificate under paragraph 2(c),
d) proof of payment of the administrative fee.
(4) The safety technician examination shall be taken before an examination board. The chairman of the examination board and the other members of the examination board shall be appointed by the Director General of the National Labour Inspectorate from among experts in the field of safety and health at work. The members of the examination board must include at least one safety technician and at least one labour inspector with at least three years of professional experience as a labour inspector. The safety technician examination shall consist of a written part and an oral part. The National Labour Inspectorate shall notify the applicant in writing of the date of the safety technician examination at least three weeks in advance.
(5) The condition for the applicant's successful passing of the safety technician examination is the demonstration of knowledge of the legal regulations and other regulations for ensuring safety and health at work and the ability to apply them, and knowledge of the requirements for ensuring safety and health at work and the ability to implement them in practice; the National Labour Inspectorate shall publish the range of requirements in the customary manner.
(6) An applicant who has failed the safety technician examination may, within six months of the date of the failed safety technician examination, request the National Labour Inspectorate to repeat the safety technician examination.
(7) The National Labour Inspectorate shall discontinue the proceedings for the issue of a safety technician certificate if the applicant failed to attend the safety technician examination or the repeated safety technician examination without excuse, did not request a repetition of the safety technician examination under paragraph 6 or failed the repeated safety technician examination.
(8) The National Labour Inspectorate shall issue the safety technician certificate to the applicant within 15 days of the date of successfully passing the safety technician examination or within 30 days of the date of submission of the application for the issue of the safety technician certificate if the applicant applies for a safety technician certificate under paragraph 2(c). The safety technician certificate shall be issued for an indefinite period and shall contain
a) the name and registered office of the National Labour Inspectorate,
b) the provision of the generally binding legal regulation on the basis of which the safety technician certificate is issued,
c) the registration number of the safety technician certificate,
d) the name, surname, title, date of birth and permanent residence address of the safety technician,
e) the date of the safety technician examination; this shall not apply to a safety technician certificate issued on the basis of fulfilment of the condition under paragraph 2(c),
f) the date and place of issue of the safety technician certificate,
g) the name, surname and signature of the chairman of the examination board; this shall not apply to a safety technician certificate issued on the basis of fulfilment of the condition under paragraph 2(c) and to a certificate issued under paragraph 12,
h) the stamp imprint and the name, surname, position and signature of the representative of the National Labour Inspectorate.
(9) A safety technician shall, within five years of the date of issue of the safety technician certificate, complete refresher professional training with a person authorised to provide training and education of safety technicians. The safety technician shall complete further refresher professional training within five years of the date of completion of the previous refresher professional training. The person authorised to provide training and education shall state in the safety technician certificate the date of completion of the refresher professional training and at the same time issue to the safety technician a written confirmation of its completion.
(10) The safety technician certificate shall cease to be valid
a) upon the decision on the withdrawal of the safety technician certificate under becoming final,
b) if the safety technician has not completed the refresher professional training.
(11) A safety technician whose safety technician certificate has been withdrawn may reapply for the issue of a safety technician certificate no earlier than one year after the date on which the decision on the withdrawal of the safety technician certificate became final.
(12) After verifying a change in the name, surname or permanent residence address of a safety technician, the National Labour Inspectorate shall issue to the safety technician, free of charge, a new safety technician certificate if he notifies in writing the change of his name, surname or permanent residence address and attaches the original safety technician certificate.
(13) The National Labour Inspectorate shall keep records of issued and withdrawn safety technician certificates, containing
a) the name, surname and title of the safety technician,
b) the date of birth and permanent residence address of the safety technician,
c) the date of submission of the application for the issue of the safety technician certificate,
d) the number of the application for the issue of the safety technician certificate,
e) the registration number of the safety technician certificate,
f) the date of issue of the safety technician certificate,
g) the date of withdrawal of the safety technician certificate,
h) the date on which the safety technician certificate ceased to be valid.
(14) The National Labour Inspectorate shall publish on its website a list of issued and withdrawn safety technician certificates containing the data referred to in paragraph 13(a) and (e) to (h).
(15) A natural person may perform the activity of a safety technician, instead of on the basis of a safety technician certificate, on the basis of a valid document of recognition of professional competence; the provisions of paragraphs 9 to 14 and shall apply mutatis mutandis to this document
§ 25 AI
Withdrawal of the certificate and prohibition of activity
(1) The National Labour Inspectorate shall withdraw the safety technician certificate if the safety technician, in performing professional activities, has acted seriously or repeatedly in breach of the legal regulations and other regulations for ensuring safety and health at work.
(2) The competent labour inspectorate shall prohibit a natural person who is an employer, or the statutory body of an employer that is a legal person, from personally performing the professional tasks of a safety technician if, in performing the professional tasks of a safety technician, they have acted seriously or repeatedly in breach of the legal regulations and other regulations for ensuring safety and health at work.
§ 27 AI
Training and education
(1) Issues of safety and health at work and methods of risk prevention shall be a compulsory part of training and education in preparation for an occupation at secondary schools, of studies at higher education institutions and of further adult education, including retraining.
(2) The employer shall ensure that safety and health at work and risk prevention form part of the education and vocational training programme of all employees.
(3) A natural person and a legal person may organise and provide training and education in the field of labour protection within the scope of the individual activities under prílohy č. 2 only on the basis of an authorisation issued by the National Labour Inspectorate and, for activities regulated by a special regulation, only on the basis of an authorisation issued by the competent supervisory authority; no authorisation is required for a secondary school or higher education institution for preparing pupils and students for an occupation or for an employer for training and education in the field of labour protection of its own employees and managerial employees under prílohy č. 2 skupiny 01 bodu 01.1. The authorisation to provide training and education in the field of labour protection within the scope of the relevant activity (hereinafter the “authorisation for training and education”) shall be issued on the basis of a written application.
(4) The condition for the issue of an authorisation for training and education is,
a) where the applicant is a natural person, professional competence and professional experience under prílohy č. 2a and lecturing competence,
b) where the applicant is a natural person who does not personally meet the conditions laid down in point (a) or a legal person, a professional representative designated by the applicant with professional competence and professional experience under Annex 2a and, designated by the applicant,
1. a trainer who meets the conditions laid down for the applicant in point (a), or
2. several trainers with professional competence under Annex 2a who are jointly professionally competent in all topics of the general requirements and special requirements of training and education, with professional experience under Annex 2a and lecturing competence,
c) a developed model training and education project,
d) material and technical provision for training and education.
(5) For the purposes of issuing an authorisation for training and education, the following shall be proved:
a) professional competence, by the relevant certificate or licence or another document,
b) lecturing competence, by a certificate of completion of an accredited lecturer course issued by an educational institution under a special regulation or another document of completion of pedagogical studies.
(6) The professional representative shall be responsible for the professional performance of the activity for which the issue of the authorisation for training and education is requested. The professional representative shall be in an employment relationship with the applicant for the authorisation for training and education or shall be the statutory body, a member of the statutory body or a partner of the legal person.
(7) In the application for the issue of an authorisation for training and education, a natural person shall state
a) the name, surname, date of birth and permanent residence address,
b) the personal data of the professional representative, if designated under paragraph 4(b),
c) the personal data of the trainer,
d) the activity for which it requests the issue of the authorisation for training and education.
(8) In the application for the issue of an authorisation for training and education, a legal person shall state
a) the name, registered office and legal form,
b) the personal data of the statutory body,
c) the personal data of the professional representative,
d) the personal data of the trainer,
e) the activity for which it requests the issue of the authorisation for training and education.
(9) The natural person or legal person shall also attach to the application for the issue of an authorisation for training and education
a) documents proving its professional competence or the professional competence of the professional representative,
b) documents proving its lecturing competence, if it is to be a trainer,
c) documents proving the professional competence and lecturing competence of the trainer,
d) a document proving fulfilment of the condition of the length of its professional experience, the professional experience of the professional representative, if designated under paragraph 4(b), and the professional experience of the trainer, issued by the employer or by the customer of its services where the services are provided on a contractual basis,
e) a model training and education project developed separately for each requested training and education activity under prílohy č. 2,
f) a declaration on the material and technical provision for training and education containing a list of material and technical equipment,
g) a copy of the employment contract with the professional representative,
h) the administrative fee for each requested activity separately.
(10) The applicant for an authorisation for training and education must develop the model training and education project separately for each requested training and education activity, and it must contain
a) the name of the training and education activity in accordance with the activity for which the authorisation for training and education is requested,
b) the objective of the training and education,
c) the completed education required for the admission of a candidate to the training and education activity,
d) the forms and methods of training and education used,
e) a curriculum with a set number of hours and a syllabus developed for the theoretical part and practical part of the training and education,
f) a list of trainers for the individual topics listed in the curriculum or syllabus,
g) the method of final verification of the knowledge of the participant in the training and education activity, separately for the theoretical part and practical part of the training and education.
(11) The National Labour Inspectorate shall issue the authorisation for training and education to the applicant within 60 days of the submission of the application.
(12) The authorisation for training and education shall be issued for an indefinite period and shall contain
a) the personal data of the natural person,
b) the name, registered office and legal form of the legal person,
c) the provision of the generally binding legal regulation on the basis of which the authorisation for training and education is issued,
d) the registration number,
e) the name of the activity for which the authorisation for training and education is issued, under prílohy č. 2,
f) the date of issue of the authorisation for training and education and the date of its validity,
g) the stamp imprint and the signature of the representative of the National Labour Inspectorate.
(13) The person authorised to provide training and education shall
a) notify the National Labour Inspectorate in writing within 30 days of any change in the data under paragraph 7(b) and (c) and paragraph 8(b) to (d) and of any change in the other conditions under which the authorisation for training and education was issued, together with the relevant documents,
b) continuously meet the conditions referred to in paragraph 4; for a period of 15 days after the professional representative ceases to perform his activity, this shall not apply to the condition of having a designated professional representative under paragraph 4(b),
c) meet, in training and education, the conditions laid down by the legal regulations for ensuring safety and health at work and provide training and education in accordance with the approved model training and education project,
d) develop a training and education project for each training and education activity aimed at the training and education of employees and managerial employees under prílohy č. 2 skupiny 01, the content of which is adapted, in accordance with and , to the nature of the work of the group of employees or managerial employees being trained; it shall hand over a copy of the project to the relevant employer,
e) establish and keep a record book of training and education activities,
f) provide training and education only through the trainers listed in the approved model training and education project or other trainers notified under point (a),
g) issue a licence, certificate or document under or a document of completion of training and education after successful verification of the participants' knowledge,
h) keep separate records of issued licences, certificates or documents under , containing the registration number, the name, surname and date of birth of the person to whom the licence, certificate or document under was issued, the date of the final examination, the date of issue and the activity, including its scope, for which the licence, certificate or document under was issued.
(14) The National Labour Inspectorate shall withdraw the authorisation for training and education if
a) it finds serious or recurring deficiencies in the provision of training and education,
b) it finds a serious or repeated breach of the legal regulations and other regulations for ensuring safety and health at work in the provision of training and education,
c) the person authorised to provide training and education who is a natural person has ceased to meet the condition of professional competence as a result of the loss of validity of the relevant licence, certificate or document under ,
d) the person authorised to provide training and education does not have a designated professional representative under paragraph 4(b); this shall not apply if no representative is designated within 15 days after the professional representative ceases to perform his activity.
(15) A natural person or legal person whose authorisation for training and education has been withdrawn under paragraph 14 may reapply for the issue of an authorisation for training and education within the scope of the same activity no earlier than one year after the date on which the decision on the withdrawal of the authorisation for training and education became final; this shall not apply to the withdrawal of the authorisation under paragraph 14(d).
(16) The validity of the authorisation for training and education shall expire
a) upon the deletion of the legal person authorised to provide training and education from the Commercial Register,
b) upon the termination of the trade licence,
c) upon the decision on the withdrawal of the authorisation for training and education under paragraph 14 becoming final,
d) upon the death of the natural person authorised to provide training and education or upon that person being declared dead.
(17) The person authorised to provide training and education shall, within 15 days, notify the National Labour Inspectorate in writing of any change in the data referred to in paragraph 12(a) and (b) and prove it with documents. On the basis of the notification under the first sentence, the National Labour Inspectorate shall issue to the person authorised to provide training and education a new authorisation for training and education with updated data.
(18) The National Labour Inspectorate shall keep records of the authorisations for training and education it has issued and withdrawn and shall publish a list of them.
§ 28 AI
Accreditation Committee
(1) The Accreditation Committee established under a special regulation
a) shall assess applications for the issue of
1. an authorisation to perform the safety technical service under ,
2. a safety technician certificate under and ,
3. an authorisation for training and education under ,
b) shall review, at the applicant's request, the rejection of an application for the issue of an authorisation to perform activities under and of a certificate or licence under .
(2) After the review of a request under paragraph 1(b) by the Accreditation Committee and on its proposal, the National Labour Inspectorate shall issue an expert opinion which is binding on the further procedure of the relevant authorised legal person or person authorised to provide training and education.
§ 29 AI
Supervisory activity of bodies representing employees
Trade union bodies and other bodies representing employees shall supervise the fulfilment of employers' tasks in the field of safety and health at work. To fulfil these tasks, they may establish their own system of supervision.
§ 30 AI
Empowering provisions
(1) Generally binding legal regulations to be issued by the Ministry of Labour, Social Affairs and Family of the Slovak Republic shall lay down
a) details on ensuring safety and health at work and details on professional competence for the performance of certain work activities and the operation of certain technical equipment,
b) details on the requirements and scope of training and education activities, the training and education project, the keeping of prescribed documentation and the verification of the knowledge of participants in training and education activities,
c) the technical equipment considered to be designated technical equipment,
d) the minimum technical and instrumental equipment for verifying compliance with the safety requirements of technical equipment under .
(2) A generally binding legal regulation to be issued by the Ministry of Labour, Social Affairs and Family of the Slovak Republic in agreement with the Statistical Office of the Slovak Republic shall lay down the model record of a registered occupational accident, which shall contain classification elements under a special regulation.
(3) A generally binding legal regulation to be issued by the Ministry of Health of the Slovak Republic shall lay down details on the purpose, content and framework programmes of the reconditioning stay.
TRETIA ČASŤ
TRANSFORMATION OF THE TECHNICAL INSPECTION
§ 31 AI
Method of establishment
(1) The Technical Inspection, established under the previous regulations as a subsidised organisation for verifying compliance with the safety requirements of designated technical equipment and technical equipment, shall be transformed into Technická inšpekcia, a joint-stock company (hereinafter the “joint-stock company”).
(2) The founder of the joint-stock company under paragraph 1 shall be the State, represented by the Ministry of Labour, Social Affairs and Family of the Slovak Republic. The deed of incorporation and the articles of association of the joint-stock company shall be approved by the Ministry of Labour, Social Affairs and Family of the Slovak Republic.
(3) The establishment, formation, status and legal relations of the joint-stock company shall be governed by the Commercial Code unless this Act provides otherwise. A special regulation shall not apply to the establishment and formation of the joint-stock company.
§ 32 AI
Subject of the contribution
(1) State property administered by the state subsidised organisation Technická inšpekcia shall be used to establish the joint-stock company.
(2) The subject of the non-monetary contribution to the joint-stock company shall be the State property administered by the state subsidised organisation Technická inšpekcia, which for the purposes of this Act shall be considered an enterprise under § 5 and § 59 ods. 4 Obchodného zákonníka. The provisions on the transfer of obligations and the possibility to file an objection under § 477 ods. 3 and § 478 Obchodného zákonníka shall not apply.
§ 33 AI
Determination of the value of the non-monetary contribution
(1) The value of the non-monetary contribution to the joint-stock company shall be determined by an expert opinion prepared as at the date of establishment of the joint-stock company as the general value of the contributed property.
(2) The value of the non-monetary contribution to the joint-stock company determined under paragraph 1 is the monetary expression of the sum of the value of the contribution to its share capital and the value of the reserve fund created on the date of its formation.
§ 34 AI
Transfer of ownership and of rights and obligations arising from employment and other relations
(1) The application for the registration of the joint-stock company in the Commercial Register shall not be accompanied by proof of payment of the non-monetary contribution before the formation of the joint-stock company.
(2) Ownership of the non-monetary contribution shall pass to the joint-stock company on the date of its formation. As at the date of formation of the joint-stock company, the founder shall hand over and the joint-stock company shall take over the items included in the non-monetary contribution.
(3) A record signed by both parties shall be drawn up on the handover and takeover of the items included in the non-monetary contribution; the provisions on the obligation to pay the value of the non-monetary contribution, on the administration of the contribution and on the transfer of ownership under § 59 ods. 2, § 60 and § 483 Obchodného zákonníka shall not apply.
(4) On the date of formation of the joint-stock company, the rights and obligations arising from legal relations, including unfinished cases of activity and unpaid receivables from third parties, as well as the rights and obligations arising from employment relations with employees, shall pass to it.
§ 35 AI
Business activity
(1) The joint-stock company shall verify compliance with the safety requirements of technical equipment under .
(2) The joint-stock company may also perform other activities under the conditions laid down by the Commercial Code.
§ 36 AI
Share capital, reserve fund and shares
(1) The share capital of the joint-stock company upon its formation shall consist of the value of the non-monetary contribution reduced by the value of the reserve fund; the provision on share capital under § 58 ods. 1 Obchodného zákonníka shall not apply.
(2) The reserve fund of the joint-stock company upon its formation shall amount to 5 % of the value of the non-monetary contribution to the company's assets.
(3) The shares of the joint-stock company shall be registered shares in book-entry form; any change of their type or form is prohibited.
§ 37 AI
On the date of formation of the joint-stock company, the state subsidised organisation Technická inšpekcia shall cease to exist.
ŠTVRTÁ ČASŤ
COMMON, TRANSITIONAL AND FINAL PROVISIONS
§ 38 AI
(1) If an employer and a natural person who is an entrepreneur and is not an employer fulfil the obligations laid down by this Act and other generally binding legal regulations for ensuring safety and health at work in a manner or by a procedure set out in a Slovak technical standard, such fulfilment shall be deemed to meet the requirements for ensuring safety and health at work; these obligations may also be fulfilled in another demonstrably adequate manner.
(2) Employees' safety representatives, employees of the employer performing the safety technical service, employees of a natural person and a legal person performing the safety technical service on a contractual basis and employees of the authorised legal person shall maintain confidentiality about facts constituting a trade secret under special regulations of which they have become aware in connection with the exercise of rights and tasks under this Act, unless this Act or a special regulation provides otherwise or unless the person concerned releases them from the duty of confidentiality.
(3) If an employer and a natural person who is an entrepreneur and is not an employer meet requirements for ensuring safety and health at work in a manner or by a procedure set out in a Slovak technical standard and these requirements are not laid down by the legal regulations for ensuring safety and health at work, such fulfilment shall be deemed to meet the requirements for ensuring safety and health at work; these requirements may also be met in another demonstrably adequate manner.
(4) Legal persons and natural persons under , , and shall keep records of data on services provided on a contractual basis, namely the name and surname or business name of the service recipient, the date and duration of the service, a brief description of the service performed and, in the case of technical equipment, also a list of the technical equipment on which the service was performed. Legal persons under the first sentence providing services on a contractual basis shall also keep records of the names and surnames of the professional employees who performed the service. The provisions of the first and second sentences shall not apply to the filling of a pressure vessel for the transport of gases, including filling a motor vehicle tank with gas, under .
(5) In all provisions of the legal regulations for ensuring safety and health at work, the words “Technická inšpekcia” in the relevant form shall be replaced by the words “authorised legal person” in the relevant form.
§ 38a AI
Relationship to the general regulation on services in the internal market
The provisions of the general regulation on services in the internal market shall apply to the performance of activities under , , and , to the procedure for submitting applications for an authorisation and deciding on the issue of an authorisation under , , and and to the exercise of supervision under a special regulation, unless this Act or a special regulation provides otherwise.
§ 39 AI
Transitional provisions
(1) Until 31 December 2006, the authorised legal person for verifying compliance with the safety requirements of technical equipment under shall be Technická inšpekcia, a joint-stock company.
(2) The conditions under shall be deemed to be met by Technická inšpekcia, a joint-stock company, until 31 December 2006.
(3) A safety technician certificate issued by 30 June 2006 shall cease to be valid on 31 December 2007 if the safety technician has not completed refresher professional training under .
(4) A natural person holding a safety technician certificate issued by 30 June 2006 may perform the activity of an authorised safety technician on the basis of a certificate issued by the National Labour Inspectorate even without taking the examination under § 24 if, by 30 June 2006, he had continuously performed the tasks of a safety technician for at least five years at an employer whose code under the sectoral classification of economic activities is listed in prílohe č. 1 and completed refresher professional training under § 24 ods. 9 no later than 31 December 2007.
(5) A certificate and a licence issued by 30 June 2006 shall be considered a certificate and a licence under if the natural person holding the certificate or licence has completed refresher professional training under ; otherwise the certificate or licence shall cease to be valid no later than 30 April 2008.
(6) Authorisations for activities consisting of professional inspections, professional tests and repairs of designated technical equipment and the filling of pressure vessels for the transport of gases, including filling motor vehicle tanks with gas, issued under the previous regulations by 30 June 2006 shall cease to be valid no later than 31 December 2007.
(7) An authorisation for training and education shall cease to be valid
a) on 31 August 2006, if it was issued under the previous regulations by 31 December 1996,
b) on 31 December 2006, if it was issued under the previous regulations from 1 January 1997 to 31 December 1997,
c) on 30 April 2007, if it was issued under the previous regulations from 1 January 1998 to 31 December 1998,
d) on 31 August 2007, if it was issued under the previous regulations from 1 January 1999 to 31 December 2000,
e) on 31 December 2007, if it was issued under the previous regulations from 1 January 2001 to 31 December 2002,
f) on 30 April 2008, if it was issued under the previous regulations from 1 January 2003 to 30 June 2006.
(8) An authorisation for the training and education of occupational safety professionals issued by 30 June 2006 shall cease to be valid on 31 August 2006.
(9) An authorisation for advisory services in the field of labour protection issued under the previous regulations shall cease to be valid on 1 July 2006.
§ 39a AI
An application for the issue of an authorised safety technician certificate under may be submitted in writing to the National Labour Inspectorate no later than 30 June 2008.
§ 39b AI
Provisions relating to amendments effective from 1 May 2010
(1) The tasks of the occupational health service performed by a doctor specialised in the specialisation fields under § 26 ods. 3 may also be performed by a doctor specialised, under the regulations effective until 20 March 2002, in the specialisation field of
a) hygiene and epidemiology, or
b) occupational hygiene and occupational medicine with experience in the field of preventive occupational medicine and toxicology.
(2) In the period from 1 May 2010 to 31 December 2011, a doctor or public health professional under § 26 ods. 3 may independently perform the tasks of the occupational health service under § 26 ods. 1 písm. a) až d), písm. e) prvého bodu a písm. g) also at an employer that employs fewer than 50 employees performing work classified in the first and second categories or performing work classified in the second category.
§ 39c AI
Transitional provision relating to amendments effective from 1 June 2010
An authorisation to verify compliance with the safety requirements of technical equipment under , an authorisation to perform professional inspections and professional tests and repairs of designated technical equipment and to fill pressure vessels for the transport of gases, including filling motor vehicle tanks with gas, under , an authorisation to perform the safety technical service and the occupational health service under and an authorisation to provide training and education in the field of labour protection under issued under the regulations in force until 31 May 2010 shall be considered authorisations issued for an indefinite period.
§ 39d AI
Transitional provision relating to amendments effective from 1 January 2012
An applicant under § 24 ods. 3 who has not successfully passed the examination by 31 December 2011 may request the National Labour Inspectorate in writing to repeat it no later than 30 June 2012; otherwise the National Labour Inspectorate shall discontinue the proceedings for the issue of an authorised safety technician certificate.
§ 39e AI
Transitional provisions relating to amendments effective from 1 July 2013
(1) Valid licences and certificates issued by an authorised legal person before 1 July 2013 under the regulations effective until 30 June 2013 shall remain valid.
(2) An authorised legal person holding an authorisation to verify compliance with the safety requirements of technical equipment under issued before 1 July 2013 shall have the minimum technical and instrumental equipment laid down by the generally binding legal regulation under no later than 30 June 2014.
§ 39f AI
Transitional provision relating to amendments effective from 1 January 2014
A natural person holding a valid licence, valid certificate or valid document under for an activity referred to in prílohe č. 1a issued before 1 January 2014 shall undergo a preventive medical examination in relation to work by 31 December 2014 if he has not undergone a preventive medical examination in relation to work in the period from 1 January 2010 to 31 December 2013; shall apply to this preventive medical examination. A valid licence, valid certificate or valid document under for an activity referred to in prílohe č. 1a issued before 1 January 2014 shall cease to be valid no later than 31 December 2014 if the natural person
a) has not undergone a preventive medical examination in relation to work, or
b) according to the result of the preventive medical examination in relation to work, does not have the medical fitness for work necessary for performing the activity for which he was issued the licence, certificate or document under .
§ 39g AI
Transitional provision relating to amendments effective from 1 August 2014
The provision of shall not apply from 1 August 2014.
§ 39h AI
Transitional provisions relating to amendments effective from 1 July 2015
(1) A valid authorisation for training and education issued under the regulations effective until 30 June 2015 shall remain valid, and the conditions under which it was issued shall be deemed to be met under the regulations effective from 1 July 2015.
(2) Proceedings for the issue of an authorisation for training and education commenced before 1 July 2015 and not concluded with final effect shall be completed under the regulations effective until 30 June 2015. The conditions under which the authorisation under the first sentence was issued shall be deemed to be met under the regulations effective from 1 July 2015.
§ 39i AI
Transitional provisions for the duration of an extraordinary situation, state of emergency or state of exception declared in connection with COVID-19
(1) The employer shall not be obliged to instruct an employee under if the recruitment, transfer to another workplace, assignment or transfer to other work, or introduction of a new technology, new working procedure or new work equipment took place during an extraordinary situation, state of emergency or state of exception declared in connection with COVID-19 (hereinafter the “crisis situation”) and if it is objectively impossible to fulfil this obligation; however, failure to fulfil this obligation must not directly and seriously endanger life and health. Where the first sentence applies, the employer shall instruct the employee under and as soon as possible, but no later than one month after the date on which the crisis situation is revoked.
(2) A time limit under ending during the crisis situation shall be suspended for the duration of the crisis situation. A time limit under ending within one month after the date on which the crisis situation is revoked shall be deemed to have been met if the employer fulfils the instruction obligation no later than one month after the date on which the crisis situation is revoked. The provisions of the first and second sentences shall apply only if it is objectively impossible to fulfil the instruction obligation within the original time limit; however, failure to fulfil the instruction obligation within the original time limit must not directly and seriously endanger life and health.
(3) The time limits under and , and , and § 24 ods. 10 ending during the crisis situation shall be suspended for the duration of the crisis situation. The time limits under and , and , and § 24 ods. 10 ending within one month after the date on which the crisis situation is revoked shall be deemed to have been met if the relevant act is performed no later than one month after the date on which the crisis situation is revoked.
(4) The time limits under and , except for time limits for carrying out maintenance, ending during the crisis situation shall be suspended for the duration of the crisis situation. The time limits under and , except for time limits for carrying out maintenance, ending within one month after the date on which the crisis situation is revoked shall be deemed to have been met if the employer fulfils the relevant obligations no later than one month after the date on which the crisis situation is revoked. The provisions of the first and second sentences shall apply only if it is objectively impossible to fulfil the relevant obligations within the original time limits through contracted activities, through its own employees or in another adequate manner, and the employer shall ensure the highest possible level of safety of the work equipment in operation, including designated technical equipment; however, failure to fulfil the relevant obligations within the original time limits must not directly and seriously endanger life and health.
§ 39j AI
Transitional provisions relating to amendments effective from 1 April 2021
(1) Valid licences and certificates issued by a labour inspectorate under the regulations effective until 31 March 2021 shall be considered licences and certificates issued by an authorised legal person under as amended with effect from 1 April 2021.
(2) A natural person holding a document of recognition of professional competence issued by the National Labour Inspectorate before 1 April 2021 shall, by 31 March 2026, complete refresher professional training and undergo a preventive medical examination in relation to work. The document of recognition of professional competence under the first sentence shall cease to be valid no later than 31 March 2026 if the natural person
a) has not completed refresher professional training,
b) has not undergone a preventive medical examination in relation to work, or
c) according to the result of the preventive medical examination in relation to work, does not have the medical fitness for work necessary for performing the activity covered by the document of recognition of professional competence.
§ 39k AI
Transitional provisions relating to amendments effective from 1 January 2023
(1) An authorisation to verify compliance with the safety requirements of technical equipment under issued before 1 January 2023 to an authorised legal person that met the condition under § 14 ods. 3 písm. e) prvého bodu as in force until 31 December 2022 shall cease to be valid no later than 1 January 2025 if that authorised legal person does not prove to the National Labour Inspectorate by 31 December 2024 that it meets the condition under as in force from 1 January 2023; for that authorised legal person, the obligation under in relation to the condition under as in force from 1 January 2023 shall be deemed to be met until 31 December 2024.
(2) A safety technician certificate issued before 1 January 2023 shall cease to be valid no later than 1 January 2025. A natural person holding a safety technician certificate issued before 1 January 2023 may, until that certificate ceases to be valid under the first sentence, perform the activities that a safety technician was entitled to perform under the regulations effective until 31 December 2022. Until 31 December 2024, an employer may arrange for the tasks of the safety technical service to be performed by a natural person holding a safety technician certificate issued before 1 January 2023 to the extent to which a safety technician was entitled to perform these tasks under the regulations effective until 31 December 2022. The National Labour Inspectorate shall withdraw the safety technician certificate of a natural person under the second sentence if that natural person, in performing professional activities, has acted seriously or repeatedly in breach of the legal regulations and other regulations for ensuring safety and health at work.
(3) A natural person holding a valid authorised safety technician certificate issued before 1 January 2023 is a natural person holding a safety technician certificate. For a natural person under the first sentence, the time limit for completing refresher professional training under as in force from 1 January 2023 started to run from the date of issue of the authorised safety technician certificate or from the date of completion of the previous professional training before 1 January 2023.
(4) Proceedings for the issue of an authorised safety technician certificate commenced before 1 January 2023 and not concluded with final effect shall be completed under the regulations effective until 31 December 2022; the National Labour Inspectorate shall issue the applicant a safety technician certificate.
§ 40 AI
This Act transposes the legally binding acts of the European Union listed in prílohe č. 3.
§ 41 AI
The following are repealed:
1. Act of the National Council of the Slovak Republic č. 330/1996 Z. z. on safety and health at work, as amended by Act No. 95/2000 Z. z., Act No. 158/2001 Z. z., Act No. 215/2004 Z. z. and Act No. 479/2005 Z. z.,
2. Decree of the Slovak Occupational Safety Office and the Slovak Mining Office č. 111/1975 Zb. on the recording and registration of occupational accidents and on the reporting of operational incidents (accidents) and failures of technical equipment, as amended by Decree of the Slovak Occupational Safety Office and the Slovak Mining Office No. 483/1990 Zb.,
3. Decree of the Slovak Occupational Safety Office č. 66/1989 Zb. on ensuring the safety of technical equipment in nuclear power engineering, as amended by Decree No. 31/1991 Zb.,
4. Decree of the Ministry of Health of the Slovak Republic No. 504/2006 Z. z. on the manner of reporting, registering and recording occupational diseases and risks of occupational disease, as amended by Decree of the Ministry of Health of the Slovak Republic No. 501/2011 Z. z.,
5. Decree of the Ministry of Health of the Slovak Republic No. 292/2008 Z. z. on details of the scope and content of the occupational health service, the composition of the team of experts performing it and the requirements for their professional competence, as amended by Decree of the Ministry of Health of the Slovak Republic No. 135/2010 Z. z.
Čl. II AI
Act No. on trade licensing (Trade Licensing Act), as amended by Act No. 231/1992 Zb., Act No. 600/1992 Zb., Act of the National Council of the Slovak Republic No. 132/1994 Z. z., Act of the National Council of the Slovak Republic No. 200/1995 Z. z., Act of the National Council of the Slovak Republic No. 216/1995 Z. z., Act of the National Council of the Slovak Republic No. 233/1995 Z. z., Act of the National Council of the Slovak Republic No. 123/1996 Z. z., Act of the National Council of the Slovak Republic No. 164/1996 Z. z., Act of the National Council of the Slovak Republic No. 222/1996 Z. z., Act of the National Council of the Slovak Republic No. 289/1996 Z. z., Act of the National Council of the Slovak Republic No. 290/1996 Z. z., Act No. 288/1997 Z. z., Act No. 379/1997 Z. z., Act No. 70/1998 Z. z., Act No. 76/1998 Z. z., Act No. 126/1998 Z. z., Act No. 129/1998 Z. z., Act No. 140/1998 Z. z., Act No. 143/1998 Z. z., Act No. 144/1998 Z. z., Act No. 161/1998 Z. z., Act No. 178/1998 Z. z., Act No. 179/1998 Z. z., Act No. 194/1998 Z. z., Act No. 263/1999 Z. z., Act No. 264/1999 Z. z., Act No. 119/2000 Z. z., Act No. 142/2000 Z. z., Act No. 236/2000 Z. z., Act No. 238/2000 Z. z., Act No. 268/2000 Z. z., Act No. 338/2000 Z. z., Act No. 223/2001 Z. z., Act No. 279/2001 Z. z., Act No. 488/2001 Z. z., Act No. 554/2001 Z. z., Act No. 261/2002 Z. z., Act No. 284/2002 Z. z., Act No. 506/2002 Z. z., Act No. 190/2003 Z. z., Act No. 219/2003 Z. z., Act No. 245/2003 Z. z., Act No. 423/2003 Z. z., Act No. 515/2003 Z. z., Act No. 586/2003 Z. z., Act No. 602/2003 Z. z., Act No. 347/2004 Z. z., Act No. 350/2004 Z. z., Act No. 365/2004 Z. z., Act No. 420/2004 Z. z., Act No. 533/2004 Z. z., Act No. 544/2004 Z. z., Act No. 578/2004 Z. z., Act No. 624/2004 Z. z., Act No. 650/2004 Z. z., Act No. 656/2004 Z. z., Act No. 725/2004 Z. z., Act No. 8/2005 Z. z., Act No. 93/2005 Z. z., Act No. 331/2005 Z. z., Act No. 340/2005 Z. z., Act No. 351/2005 Z. z., Act No. 470/2005 Z. z., Act No. 473/2005 Z. z., Act No. 491/2005 Z. z., Act No. 555/2005 Z. z. and Act No. 567/2005 Z. z., is amended and supplemented as follows:
1. In § 3 ods. 1 písm. d) bode 1, the following words are added at the end: “and health care workers in the occupational health service,2b)”.
Footnote to reference 2b reads:
„2b) Act No. 124/2006 Z. z. on safety and health at work and on amendments to certain acts.”.
2. In § 3, paragraph 2 is supplemented by letter zu, which reads:
„zu) verification of compliance with the safety requirements of technical equipment.2b)”.
3. In Annex 2 – REGULATED TRADES, in GROUP 202 – Manufacture of machinery and instruments, general and for certain economic sectors, Trade serial number 2 reads:
“ ”.
4. In Annex 2 – REGULATED TRADES, in GROUP 202 – Manufacture of machinery and instruments, general and for certain economic sectors, Trade serial number 5 reads:
“ ”.
5. In Annex 2 – REGULATED TRADES, in GROUP 202 – Manufacture of machinery and instruments, general and for certain economic sectors, the trade under serial No. 6 is deleted.
6. In Annex 2 – REGULATED TRADES, in GROUP 213 – Construction, Trade is supplemented by serial number 18b, which reads:
“ ”.
7. In Annex 2 – REGULATED TRADES, in GROUP 214 – Other, Trade serial number 22 reads:
“ ”.
8. In Annex 2 – REGULATED TRADES, in GROUP 214 – Other, Trade, serial number 22a is inserted after serial number 22, which reads:
“ ”.
9. In Annex 2 – REGULATED TRADES, in GROUP 214 – Other, Trade serial number 54 reads:
“ ”.
10. In Annex 2 – REGULATED TRADES, in GROUP 214 – Other, Trade, serial numbers 54a, 54b and 54c are inserted after serial number 54, which read:
“ ”.
Čl. III AI
Act of the National Council of the Slovak Republic No. 145/1995 Z. Z. on administrative fees, as amended by Act of the National Council of the Slovak Republic No. 123/1996 Z. z., Act of the National Council of the Slovak Republic No. 224/1996 Z. z., Act No. 70/1997 Z. z., Act No. 1/1998 Z. z., Act No. 232/1999 Z. z., Act No. 3/2000 Z. z., Act No. 142/2000 Z. z., Act No. 211/2000 Z. z., Act No. 468/2000 Z. z., Act No. 553/2001 Z. z., Act No. 96/2002 Z. z., Act No. 118/2002 Z. z., Act No. 215/2002 Z. z., Act No. 237/2002 Z. z., Act No. 418/2002 Z. z., Act No. 457/2002 Z. z., Act No. 465/2002 Z. z., Act No. 477/2002 Z. z., Act No. 480/2002 Z. z., Act No. 190/2003 Z. z., Act No. 217/2003 Z. z., Act No. 245/2003 Z. z., Act No. 450/2003 Z. z., Act No. 469/2003 Z. z., Act No. 583/2003 Z. z., Act No. 5/2004 Z. z., Act No. 199/2004 Z. z., Act No. 204/2004 Z. z., Act No. 347/2004 Z. z., Act No. 382/2004 Z. z., Act No. 434/2004 Z. z., Act No. 533/2004 Z. z., Act No. 541/2004 Z. z., Act No. 572/2004 Z. z., Act No. 578/2004 Z. z., Act No. 581/2004 Z. z., Act No. 633/2004 Z. z., Act No. 653/2004 Z. z., Act No. 656/2004 Z. z., Act No. 725/2004 Z. z., Act No. 5/2005 Z. z., Act No. 8/2005 Z. z., Act No. 15/2005 Z. z., Act No. 93/2005 Z. z., Act No. 171/2005 Z. z., Act No. 308/2005 Z. z., Act No. 331/2005 Z. z., Act No. 341/2005 Z. z., Act No. 342/2005 Z. z., Act No. 473/2005 Z. z., Act No. 491/2005 Z. z., Act No. 538/2005 Z. z., Act No. 558/2005 Z. z., Act No. 572/2005 Z. z., Act No. 573/2005 Z. z., Act No. 610/2005 Z. z., Act No. 14/2006 Z. z., Act No. 15/2006 Z. z. and Act No. 24/2006 Z. z., is amended as follows:
1. In the Annex to Act No. 145/1995 Z. z., in Part XIII Occupational safety and technical equipment, item 202 reads:
“Item 202
”.
2. In the footnote to reference 42, the citation “§ 4 ods. 1 písm. i) and § 6 písm. d) of Act No. 95/2000 Z. z. on labour inspection and on amendments to certain acts” is replaced by the citation “Act No. 125/2006 Z. z. on labour inspection and on amendments to Act No. 82/2005 Z. z. on illegal work and illegal employment and on amendments to certain acts”.
Čl. IV AI
Act No. Labour Code, as amended by Act No. 165/2002 Z. z., Act No. 408/2002 Z. z., Act No. 413/2002 Z. z., Act No. 210/2003 Z. z., Act No. 461/2003 Z. z., Act No. 5/2004 Z. z., Act No. 365/2004 Z. z., Act No. 82/2005 Z. z., Act No. 131/2005 Z. z., Act No. 244/2005 Z. z. and Act No. 570/2005 Z. z., is amended and supplemented as follows:
1. In § 11 ods. 4, the word “only” is inserted after the word “attendance”.
2. In § 11, paragraph 5 reads:
„(5) The performance of light work by a natural person under 15 years of age shall be permitted by the competent labour inspectorate in agreement with the competent state administration authority in the field of public health. The permit shall specify the number of hours and the conditions under which light work may be performed. The competent labour inspectorate shall withdraw the permit if its conditions are not complied with.”.
3. In § 39 ods. 2, the words “in agreement with the competent labour inspection authority, the competent health protection authority and the employees' representatives” are deleted.
4. In § 41, paragraph 2 reads:
„(2) If a special legal regulation requires medical fitness for work, psychological fitness for work or another prerequisite for the performance of work, the employer may conclude an employment contract only with a natural person who is medically fit or psychologically fit for that work or with a natural person who meets the other prerequisite.”.
5. In § 75, paragraph 2 is supplemented by letter f), which reads:
„f) information on the provision of severance allowance under § 76 ods. 6.”.
6. In § 76, paragraph 6 reads:
„(6) Upon the first termination of employment after becoming entitled to an early old-age pension, an old-age pension or an invalidity pension where the decrease in the ability to perform gainful activity exceeds 70 %, the employee shall be entitled to a severance allowance of at least his average monthly earnings under § 134 if he applies for that pension before the termination of employment or immediately after its termination.”.
7. The existing text of § 150 is designated as paragraph 1 and paragraph 2 is added, which reads:
„(2) Employees who have been harmed by a breach of obligations arising from employment relations may lodge a complaint with the competent labour inspection authority.”.
8. The existing text of § 254 is designated as paragraph 1 and paragraph 2 is added, which reads:
„(2) The words “health protection authorities” in all their forms throughout the text of the Act are replaced by the words “state administration authorities in the field of public health” in the relevant form, and the words “employee with changed working capacity” in all their forms throughout the text of the Act are replaced by the words “employee with a disability” in the relevant form.”.
Čl. V AI
Entry into force
This Act shall enter into force on 1 July 2006.
Príloha č. 1 k zákonu č. 124/2006 Z. z. AI
ZOZNAM činností s vyšším rizikom, pri ktorých môže vzniknúť závažné poškodenie zdravia zamestnancov alebo pri ktorých častejšie vzniká poškodenie ich zdravia
Activities with a higher risk in which serious damage to the health of employees may occur in the performance of work duties or in which damage to their health occurs more frequently are, for the purposes of this Act, divided on the basis of the statistical classification of economic activities as follows:
Code under the statistical classification of economic activitiesNameDivisionGroup01 Crop and animal production, hunting and related service activities02 Forestry and logging05 Mining of coal and lignite06 Extraction of crude petroleum and natural gas07 Mining of metal ores 08 Other mining and quarrying 09 Mining support service activities 10 Manufacture of food products11 Manufacture of beverages12 Manufacture of tobacco products15 Manufacture of leather and related products16 Manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials 17 Manufacture of paper and paper products18.1 Printing and service activities related to printing19 Manufacture of coke and refined petroleum products20 Manufacture of chemicals and chemical products21 Manufacture of basic pharmaceutical products and pharmaceutical preparations22 Manufacture of rubber and plastic products23 Manufacture of other non-metallic mineral products24 Manufacture and processing of metals25 Manufacture of fabricated metal structures, except machinery and equipment26 Manufacture of computer, electronic and optical products27 Manufacture of electrical equipment28 Manufacture of machinery and equipment n.e.c.29 Manufacture of motor vehicles, trailers and semi-trailers30 Manufacture of other transport equipment31 Manufacture of furniture32 Other manufacturing35 Electricity, gas, steam and air conditioning supply36 Water collection, treatment and supply41 Construction of buildings42 Civil engineering43 Specialised construction activities49 Land transport and transport via pipelines50 Water transport52 Warehousing and support activities for transportation53 Postal and courier activities75 Veterinary activities86 Human health activities87 Residential care activities88 Social work activities without accommodation
Príloha č. 1a k zákonu č. 124/2006 Z. z. AI
ČINNOSTI, KTORÉ MÔŽE FYZICKÁ OSOBA VYKONÁVAŤ LEN NA ZÁKLADE PLATNÉHO PREUKAZU, OSVEDČENIA ALEBO DOKLADU PODĽA § 16 ods. 1 písm. b) A natural person may only on the basis of a valid licence, certificate or document under perform the activity of
a) an inspection technician of designated pressure technical equipment,
b) a person operating a boiler of classes I to V,
c) a person repairing a boiler of classes I to V and repairing a pipeline for the distribution of a hazardous liquid with a maximum permissible pressure exceeding 1 MPa,
d) an inspection technician of designated lifting technical equipment,
e) a person operating a mobile jib crane and a tower jib crane,
f) a person operating a mobile elevating work platform on a motor-driven chassis intended for operation on roads with a lifting height exceeding 1, 5 m,
g) a person repairing a passenger lift and a goods lift permitted to carry persons,
h) a slinger,
i) an inspection technician of designated gas technical equipment,
j) a person operating designated gas technical equipment with a high level of danger (group A) working with hazardous gases, except for equipment intended for supplying gas from stationary metal pressure vessels or from metal pressure vessels for the transport of gases (pressure stations) and equipment intended for the distribution of gases,
k) a person repairing designated gas technical equipment with a high level of danger (group A) working with hazardous gases,
l) an electrician, an independent electrician and an electrician for managing activities or managing operation on designated electrical technical equipment,
m) an inspection technician of designated electrical technical equipment,
n) a person operating powered industrial trucks,
o) a person working at a height of 1, 5 m or more above ground level using special climbing and speleological techniques,
p) a person assembling and dismantling scaffolding (scaffolder),
q) a person operating selected construction machinery and equipment, namely
1. machinery and equipment for earthworks (bulldozer, excavator and digger, loading and unloading machine, milling machine and trencher, scraper, pipe layer, roller),
2. machinery and equipment for the production, processing and transfer of concrete mixtures (concrete plants),
3. a special motor snow machine, a compressor,
r) a person operating selected agricultural machinery and equipment, namely
1. self-propelled forage harvesters,
2. combine harvesters,
3. special machines for harvesting agricultural crops,
s) a person operating selected forestry machines, namely
1. skidding winches,
2. universal and special tractors used for skidding timber,
3. wheeled and tracked forwarders for timber and timber assortments,
4. stationary cable transport installations in forestry,
5. single-purpose and multi-purpose equipment for felling, delimbing, cross-cutting and debarking trees and timber assortments,
t) a person operating a hand-held motor chainsaw in timber harvesting and a hand-held motor chainsaw in other activities.
Príloha č. 1b k zákonu č. 124/2006 Z. z. AI
Minimálny počet bezpečnostných technikov podľa počtu zamestnancov
A. Minimum number of safety technicians at an employer whose code under the statistical classification of economic activities at the level of division or group is listed in prílohe č. 1 Number of employeesNumber of safety techniciansup to 400 employeesat least one safety technicianfrom 401 to 800 employeesat least two safety techniciansfrom 801 to 1 200 employeesat least three safety techniciansover 1 200 employeesat least three safety technicians and at least one additional safety technician for every 1 000 employees or part thereof
B. Minimum number of safety technicians at an employer whose code under the statistical classification of economic activities at the level of division or group is not listed in Annex 1 Number of employeesNumber of safety techniciansup to 600 employeesat least one safety technicianfrom 601 to 1 200 employeesat least two safety techniciansfrom 1 201 to 15 000 employeesat least two safety technicians and at least one additional safety technician for every 1 000 employees or part thereof over 15 000 employeesat least 12 safety technicians and at least one additional safety technician for every 1 500 employees or part thereof
Príloha č. 2 k zákonu č. 124/2006 Z. z. AI
DRUHY OPRÁVNENÍ NA VÝCHOVU A VZDELÁVANIE V OBLASTI OCHRANY PRÁCE
The authorisation for training and education shall be issued by the competent labour inspection authority and the competent supervisory authority under within the scope of
group 01 Safety and health at work and prescribed working conditions
Within this group, the activity is the training and education of
01.1 employees and managerial employees
01.2 safety technicians
01.3 employers who will personally perform the tasks of safety technicians
group 02 Safety and health at work on designated pressure technical equipment
Within this group, the activity is the training and education of
02.1 inspection technicians
02.2 operators
02.3 repair persons
group 03 Safety and health at work on designated lifting technical equipment
Within this group, the activity is the training and education of
03.1 inspection technicians
03.2 operators
03.3 repair persons
03.4 slingers
group 04 Safety and health at work on designated gas technical equipment
Within this group, the activity is the training and education of
04.1 inspection technicians
04.2 operators
04.3 repair persons
group 05 Safety and health at work on designated electrical technical equipment
Within this group, the activity is the training and education of
05.1 electricians, independent electricians and electricians for managing activities or managing operation
05.2 inspection technicians
group 06 Safety and health at work in operating powered industrial trucks
Within this group, the activity is the training and education of
06.1 operators of powered industrial trucks
group 07 Safety and health at work at height
Within this group, the activity is the training and education of
07.1 persons working at height using special climbing and speleological techniques
07.2 persons assembling and dismantling scaffolding (scaffolders)
group 08 Safety and health at work with construction machinery and equipment
Within this group, the activity is the training and education of persons
08.1 operating selected construction machinery and equipment
group 09 Safety and health at work with agricultural machinery and equipment
Within this group, the activity is the training and education of
09.1 operators of selected agricultural machinery and equipment
group 10 Safety and health at work with forestry machinery and equipment
Within this group, the activity is the training and education of persons operating
10.1 selected forestry machinery and equipment
10.2 a hand-held motor chainsaw in timber harvesting
10.3 a hand-held motor chainsaw in other activities
Príloha č. 2a k zákonu č. 124/2006 Z. z. AI
ODBORNÁ SPÔSOBILOSŤ A ODBORNÁ PRAX, KTORÉ SÚ PODMIENKOU NA VYDANIE OPRÁVNENIA NA VÝCHOVU A VZDELÁVANIE
The professional competence of the applicant for an authorisation for training and education under , of the professional representative and of the trainer for the individual training and education activities under prílohy č. 2 is met by:
Groupunder Annex 2Applicant for the issue ofan authorisation for training and education under § 27 ods. 4 písm. a)Professional representativeTrainerGeneral requirementsSpecial requirementsfor the theoreticalpartfor the practical part01safety technician safety technician - safety technician - person with the relevant document - other professionally competent person - safety technician - person with the relevant document - other professionally competent person 02- relevant inspection technician - person with the relevant document relevant inspection technician - safety technician - relevant inspection technician - person with the relevant document - other professionally competent person - relevant inspection technician - person with the relevant document - other professionally competent person 03040506person with the relevant document safety technician - safety technician - person with the relevant document - other professionally competent person - safety technician - person with the relevant document - other professionally competent person person with the relevant document 07person with the relevant documentsafety technician in construction - safety technician in construction - person with the relevant document - other professionally competent person - safety technician in construction - person with the relevant document - other professionally competent person 08person with the relevant documentsafety technician in construction - safety technician in construction - person with the relevant document - other professionally competent person - person with the relevant document - other professionally competent person 09person with the relevant documentsafety technician in agriculture - safety technician in agriculture - person with the relevant document - other professionally competent person - safety technician in agriculture - person with the relevant document - other professionally competent person 10person with the relevant documentsafety technician in forestry - safety technician in forestry - person with the relevant document - other professionally competent person - safety technician in forestry - person with the relevant document - other professionally competent person For the purposes of meeting the professional competence and professional experience requirements of the applicant for an authorisation for training and education under , the professional representative and the trainer,
a) a person with the relevant document means a natural person with professional competence for the activity for which the authorisation for training and education is requested and with at least three years of professional experience in that activity,
b) a relevant inspection technician means an inspection technician of designated technical equipment with the relevant scope of certificate and with at least three years of professional experience as an inspection technician,
c) a safety technician means a safety technician with at least three years of professional experience as a safety technician,
d) a safety technician in construction means a safety technician with at least three years of professional experience as a safety technician in construction,
e) a safety technician in agriculture means a safety technician with at least three years of professional experience as a safety technician in agriculture,
f) a safety technician in forestry means a safety technician with at least three years of professional experience as a safety technician in forestry,
g) another professionally competent person means a natural person whose professional competence and professional experience of at least three years correspond to the professional focus of the relevant topic of the general requirements or special requirements of training and education.
Príloha č. 3 k zákonu č. 124/2006 Z. z. AI
Zoznam preberaných právne záväzných aktov Európskej únie
1. Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (Special edition of Ú. v. EÚ, Ch. 5/Vol. 1; Ú. v. ES L 183, 29. 6. 1989).
2. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (Ú. v. EÚ L 376, 27. 12. 2006).
Ivan Gašparovič v. r.
Pavol Hrušovský v. r.
Mikuláš Dzurinda v. r.

Notes

not translated 1) § 2 ods. 2 Obchodného zákonníka.

1a) Act No. 378/2015 Z. z. on voluntary military training and on amendments to certain acts.

1b) § 4 až 7 and § 13 až 16 of Act No. 150/2025 Z. z. on certain measures to increase the resilience of the Slovak Republic in the field of defence and security, on compulsory military service and on amendments to certain acts.

1c) § 22 of Act No. 150/2025 Z. z.

2) § 2 ods. 1 písm. c) and e) and § 15 zákona č. 570/2005 Z. z., as amended.

3) § 12 of Act No. 321/2002 Z. z. on the Armed Forces of the Slovak Republic.

3a) § 77a a 77b zákona Národnej rady Slovenskej republiky č. 171/1993 Z. z. on the Police Force, as amended by Act No. 490/2001 Z. z. § 2 ods. 1 až 4 zákona Národnej rady Slovenskej republiky č. 46/1993 Z. z. on the Slovak Information Service, as amended.

4) . Act No. 552/2003 Z. z. on the performance of work in the public interest, as amended.

5) For example, Act No. 73/1998 Z. z. on the state service of members of the Police Force, the Slovak Information Service, the Prison and Judicial Guard Corps of the Slovak Republic and the Railway Police, as amended, Act No. 200/1998 Z. z. on the state service of customs officers and on amendments to certain other acts, as amended, Act No. 312/2001 Z. z. on state service and on amendments to certain acts, as amended, Act No. 315/2001 Z. z. on the Fire and Rescue Corps, as amended, Act No. 346/2005 Z. z. on the state service of professional soldiers of the armed forces of the Slovak Republic and on amendments to certain acts.

not translated 6) .

6a) § 30a and 30d zákona č. 355/2007 Z. z., as amended by Act No. 204/2014 Z. z.

6aa) § 30e zákona č. 355/2007 Z. z. on the protection, promotion and development of public health and on amendments to certain acts, as amended by Act No. 204/2014 Z. z.

7) For example, , Act No. 121/2004 Z. z. on working time and rest periods in transport and on amendments to certain acts.

8) Government Regulation of the Slovak Republic č. 395/2006 Z. z. on minimum requirements for the provision and use of personal protective equipment.

9) For example, Act No. 377/2004 Z. z. on the protection of non-smokers and on amendments to certain acts, Government Regulation of the Slovak Republic č. 393/2006 Z. z. on minimum requirements for ensuring safety and health at work in explosive atmospheres.

not translated 9a) .

not translated 10) .

not translated 10a) .

11) Act No. on labour inspection and on amendments to Act No. 82/2005 Z. z. on illegal work and illegal employment and on amendments to certain acts.

12) Act of the Slovak National Council No. 51/1988 Zb. on mining activities, explosives and the state mining administration, as amended. Act No. 73/1998 Z. z., as amended. Act No. 200/1998 Z. z., as amended.

12a) § 20, 21 and 26 zákona č. 355/2007 Z. z.

13) Act No. 283/2002 Z. z. on travel allowances, as amended.

14) For example, Act of the Slovak National Council No. 51/1988 Zb., as amended, Act No.

15) For example, Act No. 56/2018 Z. z. on conformity assessment of products, making specified products available on the market and on amendments to certain acts, as amended by Act No. 259/2021 Z. z., Government Regulation of the Slovak Republic No. 436/2008 Z. z. laying down details on technical requirements and conformity assessment procedures for machinery, as amended by Government Regulation of the Slovak Republic No. 140/2011 Z. z., Government Regulation of the Slovak Republic No. 235/2015 Z. z. on placing lifts on the market and making safety components for lifts available on the market, as amended by Government Regulation of the Slovak Republic No. 22/2017 Z. z.

16) For example, Government Regulation of the Slovak Republic č. 391/2006 Z. z.on minimum safety and health requirements for the workplace, Government Regulation of the Slovak Republic č. 392/2006 Z. z. on minimum safety and health requirements for the use of work equipment, Government Regulation of the Slovak Republic č. 396/2006 Z. z. on minimum safety and health requirements for construction sites.

17) Government Regulation of the Slovak Republic č. 387/2006 Z. z. on requirements for the provision of safety and health signs at work.

18) Act of the Slovak National Council No. 51/1988 Zb., as amended. § 49 of Act No. 143/1998 Z. z. on civil aviation (Aviation Act) and on amendments to certain acts, as amended. § 39 of Act No. 338/2000 Z. z. on inland navigation and on amendments to certain acts, as amended. § 3 and 5 of Act No. 435/2000 Z. z. on maritime navigation. Act No. 513/2009 Z. z. on railways and on amendments to certain acts, as amended.

19) Act No. 505/2009 Z. z. on the accreditation of conformity assessment bodies and on amendments to certain acts, as amended.

19a) § 16 ods. 1 písm. a) of Act No. 576/2004 Z. z. on health care, services related to the provision of health care and on amendments to certain acts.

19b) on road traffic and on amendments to certain acts, as amended.

19c) of Act No. , as amended by Act No. 73/2021 Z. z.

19d) § 2 písm. d) of Act No. 136/2010 Z. z. on services in the internal market and on amendments to certain acts.

20) For example, , Act No. 73/1998 Z. z., as amended, Act No. 200/1998 Z. z., as amended.

21) Act No. 128/2015 Z. z. on the prevention of major industrial accidents and on amendments to certain acts.

22) Act of the National Council of the Slovak Republic No. 171/1993 Z. z., as amended.

23) Act No. on social insurance, as amended.

23a) § 4 zákona č. 578/2004 Z. z. on health care providers, health care workers and professional organisations in health care and on amendments to certain acts, as amended.

24) Act No. 95/2002 Z. z. on insurance and on amendments to certain acts, as amended.

25) For example, Stavebný zákon, Government Regulation of the Slovak Republic No. 396/2006 Z. z., as amended by Government Regulation No. 469/2022 Z. z.

26) § 17 Obchodného zákonníka. Act No. 215/2004 Z. z. on the protection of classified information and on amendments to certain acts, as amended.

27a) § 5 ods. 3 písm. e) zákona Slovenskej národnej rady č. 51/1988 Zb., as amended by Act No. 58/2014 Z. z.

28) of Act No. , as amended.

29) Act of the Slovak National Council No. 51/1988 Zb., as amended.

30) § 4 ods. 1 of Act No. 292/2024 Z. z. on adult education and on amendments to certain acts.

31) § 19 ods. 2 of Act No. 540/2001 Z. z. on state statistics.

32) Act No. 92/1991 Zb. on the conditions for the transfer of State property to other persons, as amended.

32a) § 3 až 8 and § 10 až 16 zákona č. 136/2010 Z. z.

32b) of Act No. , as amended by Act No. 73/2021 Z. z.

33) Decree of the Statistical Office of the Slovak Republic č. 306/2007 Z. z. issuing the Statistical Classification of Economic Activities.

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