Sometimes it is a real challenge to get to grips with the tangle of statutory provisions and paragraphs that confronts more than one entrepreneur. However, as the rule is that ignorance of the law does not excuse anyone, every entrepreneur is obliged to familiarize himself with the legal obligations applicable to his business. What is the Operating Regulations and which establisments must have them – we’ll take a closer look at that in our article.
This article is mainly dedicated to business owners and those who are considering this type of business. One of the legal obligations that owners of certain establishments must comply with is to draw up an operating order. In this article, you will therefore learn what an establishment order is, which establishments must have one and what penalties you face if you fail to comply with this legal obligation.
What are operating regulations?
The law imposes an obligation on certain businesses in certain sectors to draw up so-called operating regulations. This obligation derives from Act No 355/2007 on the protection, promotion and development of public health. The definition of an operating order is found in Section 2(1)(zc) of this Act and states as follows:
“The operating rules are a set of measures to protect the health of the employee and to protect public health in the establishment.”
However, the law imposes the obligation to have an operating order drawn up and approved only on certain entrepreneurs and only for certain types of establishments. The operating rules proposed by the entrepreneur are approved by the competent regional public health authority in the place where the particular establishment is located. A copy of the approved operating regulations must be kept by the entrepreneur in his establishment and ready for inspection by the public health authority.
Which establishments must have operating rules?
Accommodation establishments, catering establishments, physical education establishments and health care providers, health care workers, establishments intended for children and young people where education and upbringing take place, as well as various body care establishments, which include, for example, hairdressers, barbers, beauty services, manicures, pedicures, tanning salons, massage parlours and tattoo parlours, must have an approved operating order on the premises.
However, other businesses that employ people are also required by law to draw up operating rules . Every employer is obliged to provide both health surveillance and health risk assessments for their employees. If the results of such an assessment show a certain burden on the employees (for example, in relation to temperature/cold or other burden within the meaning of the relevant statutory provisions), employers are also obliged to draw up operating rules in these cases and to submit them to the competent regional health authority for approval.
What are the risks if you do not comply with the obligation to draw up and approve the operating rules?
There are various penalties for failure to draw up and submit a code of practice to the regional health authority for approval. In the cases provided for by law, they are therefore obliged to draw up operating rules and submit them to the competent regional health authority for approval. The same obligation applies to any amendment to the operating rules, which must also always be submitted to the competent regional health authority for approval.
Failure to comply with the obligation to draw up the operating rules and submit them to the competent regional health authority for approval is qualified by law as an administrative offence. Depending on the case, it imposes fines ranging from EUR 150 to EUR 20 000. In determining the amount of the fine, account is taken of the gravity, manner, time, duration and consequences of the infringement. In the event of repeated infringements, it may increase the fine imposed up to twice as much.
Finally, it should be added that the law lays down different elements of the operating rules for each establishment. For example, if you operate a canteen which is classified as a catering establishment, your operating rules will contain different details than those of a hairdresser’s which is classified as a body care establishment. However, it is particularly important that current and future operators of establishments are aware that they have such an obligation under the law and know what law to look for.
