Occupational health and safety obligations
Tradesmen and OSH – what are your obligations under Act No. 124/2006? Many tradesmen mistakenly believe that OSH is an exclusive matter between the employer and the employee and therefore there is no need for the employee to undergo the training, especially if they do not employ any other workers. Act 124/2006 Coll. on Occupational Safety and Health clearly defines in §2(2)(b) that OSH obligations also apply to natural persons who are entrepreneurs and are not employers, and to their relatives in the direct line, siblings and spouses, if they are involved in the performance of their business tasks.
It doesn't have to be complicated
So what are the obligations of a sole trader in terms of OSH? Perhaps some of you will be pleased to know that a sole trader without employees has it relatively easier when it comes to OSH. The self-employed self-employed person without employees is only responsible for himself. However, if as a sole trader you want to work for another company, you must provide your own OSH training, as you are not in employment with the company.
If you have a specific job as a sole trader and you go to work on a construction site, for example, you will need training on working at heights according to Law 147/2013 Coll..
This law and training talks about the works:
(a) at a height of more than 1.5 m if it is not possible to work from a fixed and safe working floor
(b) from a mobile working platform
c) from a ladder at a height of more than 5 m
(d) for earthwork in an excavation deeper than 1,3 m
If the sole trader is also an employer
But what if you are the employer of at least one person as a self-employed person? In this case, you, as the employer, are responsible for the correct and properly conducted OHS training towards your employee. At the same time, you are obliged to create a working environment in such a way that no undesirable circumstance (health hazard or accident) occurs and to provide a procedure for dealing with such a situation if it does occur. The OHS training is valid for 2 years, after which time the training must be repeated.
Contents of OHS documentation
In addition to the training, you need to have H&S documentation in place, which will include:
- OHS policy
- A guideline to identify prohibited work and workplaces for female and underage employees
- Layperson – medical fitness and psychological fitness
- Risk assessment table
- Directive on the provision of PPE (including washing, cleaning and disinfecting agents)
- Internal regulation for determining the conditions for the provision of a drinking regime
- General principles of safe working
- Guideline for the control of the use of alcoholic beverages and other intoxicating substances
- Records of accidents at work
Fines for tradesmen for non-compliance with the OHS Act
If non-compliance with the provisions of Act 1 24/2006 Coll. on occupational safety and health, financial penalties from the Labour Inspectorate start at EUR 3,300 and can go up to EUR 33,000.
