Most frequently asked questions from clients
FAQ - OHS
The employer is obliged to train the employee upon his/her hiring, transfer to another workplace, assignment or transfer to another job, introduction of a new technology, new work procedure or a new work tool.
The employer is obliged to adjust the regularity by internal regulations, so that it is performed at least once every three years, unless the legal regulations for insuring safety and health at work do not stipulate a shorter time period.
Yes, pursuant to §21 of the Act No. 124/2006 Coll., the employer is obliged to ensure a safety-technical service for the employees either through own expert employees or to contractually agree on its performance in a supplier manner with another natural person, who is an entrepreneur, or a legal person, who is authorize to perform the safety-technical service.
Yes, each natural person, who is an entrepreneur, as well as a legal person, who employs at least one employee has to have, in addition to others, a safety-technical service.
Yes, each person, who has even a single employee in employment. An employment relationship is an employment relationship that is a typical employment relationship, but also contract to work performed outside of an employment relationship. This includes contract to work, contract on work activity and agreement on part-time work of students.
First and foremost, you endanger your employees, your business, you violate legislative requirements and if there is an inspection by the Labor Inspectorate, you may be fined. The amount of the fine is determined based on the seriousness of the violation and may be up to 100,000 Euros.
A work injury is damage to health or death of a natural person cause independently of the person’s will by a short-term, sudden and violent effect of external influence, which the employee of the employer suffered while performing work tasks or in direct connection to performing work tasks, for performing work tasks and when averting damage to the employer.
Yes, the employee is obliged to immediately inform the employer about a work injury he or she suffered, if the health condition allows it.
In addition to a work injury, the employee is obliged to immediately inform the employer about:
- other injury than a work injury or death, which was not the result of a work injury, if it happened in the work place or in the employer’s premises,
- dangerous event,
- severe industrial accident.
After being notified, the employer is obliged to immediately take the necessary measures to avoid further threats to life and health.
If the determined facts suggest that a crime has happened in connection to the work injury, or if it is a serious work injury, the status of the workplace cannot be changed until the arrival of the investigating authorities, with the exception of taking the necessary measures to protect life and health or to prevent major economic damage. If the status of the workplace changes due to the measures taken to prevent further possible threat to life and health or major economic damage, the employer is obliged to make documentation on the status of the workplace, necessary to investigate the causes of such an event.
FAQ - Fire protection
Unless the statutory body of the legal person, a natural person – entrepreneur or its authorized representative does not stipulate a shorter time period, the fire safety training is conducted:
a) once every 12 months for persons ensuring fire safety during non-working hours,
b) once every 24 months for managing employees and other employees.
We have written a separate article in our blog called: “Legal Obligations in the Field of Fire Safety”, which deals with the basic obligations in fire safety.
If the legal person or natural person - entrepreneur:
a) does not use for his/her activity, with the exception of an apartment in an apartment building or a family house, a mobile store and a stand selling additional services, a shop and sales space to provide services, with a surface area no more than 100 m2, other buildings or premises in his/her ownership or use,
b) employs no more than five employees in the building and
c) does not perform activities with an increased risk of fire and does not have spaces with an increased risk of fire
this person is obliged to ensure only training and test of knowledge on fire safety of employees and persons, who with the knowledge of the legal person or the natural person – entrepreneur stay in his/her facilities and premises.
According to the Fire Protection Act, the owner (administrator) of the real estate, who leases the real estate, is obliged to fulfill the fire safety tasks, based on the provisions of the Act, unless he/she agrees with the tenant in the lease agreement about fulfilling these tasks differently. Thus, it is always necessary to readd the lease agreement. This applies mainly to premises; the training of employees must be always provided by the employer.
Fire inspections are performed by the district directorates and regional directorates of the fire and rescue services. They are authorized to enter buildings and facilities of the legal person or the natural person – entrepreneur, for the purpose of performing fire inspection or to investigate the cause of fire, accompanied by an authorized person, and demand the necessary cooperation by the managing and other employees of the legal person or natural person - entrepreneur.
The amount of the fine for violating the fire safety obligations may be up to 16,596 Euros; in repeated violation, up to 33,192 Euros.
Activities with an increased risk of fire are activities, which create an increased risk of fire during the production, processing, using or storing flammable substances. (e.g., welding in places with the possibility of fire)
Places with an increased risk of fire are places that hold flammable substances in conditions, which create an increased risk of fire (e.g., warehouses of flammable liquids, gases)
Preventive fire inspections are performed in these time periods:
a) every 12 months in residential buildings and in buildings and premises with only occasional work places, to which the employee is not regularly bound and where he/she resides only occasionally in intervals of several days, usually only for inspection, maintenance or repair purposes,
b) every six months in buildings and premises in which only administrative activity is performed,
c) every three months in other buildings or premises of the legal person or natural person – entrepreneur, unless his/her statutory body or representative responsible for fire safety in these buildings or premises stipulates a shorter period.
The content of the preventive fire inspection is the inspection of:
a) organizational safeguard of fire protection in the workplace,
b) comparison of the actual status with the documentation on fire safety,
c) construction solution of objects, especially from an operational perspective,
d) firefighting equipment,
e) permanent openness of escape routes,
f) production and storage of flammable substances and their manipulation,
g) functionality of firefighting equipment,
h) operation and condition of technical and technological equipment,
i) markings and equipment of workplaces and premises with the relevant orders, prohibitions and instructions.
The fire evacuation plan is drafted for a building, in which there are no simple conditions from the perspective of evacuation of people and animals.
A building with simple conditions from the perspective of evacuation of people and animals is a building, with only people familiar with the method of evacuation, and in which the simultaneous evacuation is carried out, using escape routes leading directly to an open space, whereby this building has no more than two above-ground floors and one ground floor, and in which there is no permanent or temporary workplace.
FAQ - Environment
Waste is defined under the Act on Waste as a movable object or substance, whose owner is getting rid of it, wants to get rid of it or he is obliged to get rid of it under this Act or another individual regulation.
Waste owner is the waste generator or a person, who is holding waste, for example, a company.
The basic obligations of a waste owner include:
- sort waste correctly according to the Waste Catalog,
- collect waste sorted according to waste type and secure it against degradation, theft or unwanted leakage
- collect hazardous waste separately
- maintain and store records on the type and amount of waste and its disposal
- ensure waste processing in accordance with the hierarchy of waste management
- hand over waste only to a person authorized to handle waste.
The waste registration sheet is essentially a prescribed form, in which the waste owner (company) keeps records of the amounts of waste. The records may be kept in electronic or paper form.
For record keeping purposes, waste is classified based on the Waste Catalogue, so each waste has an assigned catalogue number.
The report on the generation of waste and its handling is submitted by the waste owner, if he or she handles more than 50kg of hazardous waste or more than one ton of regular waste annually.
For specific hazardous waste (Attachment No. 3 of the Act No. 366/2015 Coll.), the report on the generation of waste and its handling is submitted irrespective of its amount.
Hazardous waste is waste, which has at least one hazardous property, e.g., explosiveness, flammability, toxicity, etc., and may be hazardous to the health of persons or the environment.
Hazardous waste must have the so called HWIP, i.e., Hazardous Waste Identification Paper. It is a set of information about the hazardous waste, such as, e.g., its hazardous properties, measures in case of accidents and fires, first aid, etc. HWIP must list covers and containers and where is the hazardous waste stored.