Labour Inspectorate Nitra Labour Inspection Authorities Surveillance relating

Labour Inspectorate Nitra Labour Inspection Authorities Surveillance relating to given manufacturing products Ing. Anton Kasana October 2008

PRIMARY MS LEGISLATION WITHIN THE LI BODIES COMPETENCE IN SR 1. ACT No. 264/1999 Coll. on Technical requirements for products and on conformity assessment – New Approach and Metrology 2. ACT No. 125/2006 Coll. on Labour inspection – Safety at work enforcement 3. Act No. 124/2006 Coll. on Occupational health and safety – Social legislation - (§ 4 par. 1 – Projects, Construction + § 6 par. 1 (d) + § 13 par. 3 – Safety working tools), - (§ 13 par. 1 – Technical documentation)

LI BODIES COMPETENCIES WITHIN MS FIELD 1. GO No. 310/2004 Coll. relating to machine devices (Directive No. 98/37/EC, No. 98/79/EC), 2. GO No. 308/2004 Coll. , relating to electrical equipment designed for use within certain voltage limits, as amended by GO No. 449/2007 (Directive No. 2006/95/EC), 3. GO No. 393/1999 Coll. relating to appliances burning gaseous fuels, as amended by GO No. 148/2002 Coll. , GO No. 302/2002 Coll. and GO No. 252/2003 Coll. (Directive No. 90/396/EEC, No. 93/68/EEC),

4. GO No. 194/2005 Coll. , from a view of electromagnetic compatibility as amended by GO No. 318/2007 Coll. (Directive No. 2004/108/EC) 5. GO No. 35/2008 Coll. relating to personal protective equipment (Directive No. 89/686/EEC, No. 93/68/EEC, No. 93/95/EEC, No. 96/58/EC, Regulation EP and C No. 1882/2003/EC) 6. GO No. 222/2002 Coll. noise emissions in the environment by equipment for use outdoors as amended by GO No. 26/2006 Coll. (Directive No. 2000/14/EC, No. 2005/88/EC)

7. GO No. 571/2001 Coll. relating to lifts as amended by GO No. 327/2003 Coll. (Directive No. 95/16/ES), 8. GO No. 576/2002 Coll. relating to pressure equipment as amended by GO No. 329/2003 Coll. (Directive No. 97/23/ES), 9. GO No. 176/2003 Coll. relating to transport pressure equipment (Directive No. 99/36/ES),

10. GO no. 117/2001 Coll. on equipment and protective systems destined for use in explosive atmospheres (Directive No. 94/9/EC). 11. GO No. 513/2001 Coll. on simple pressure vessels (Directive No. 87/404/EEC, No. 90/488/EEC, No. 93/68/EEC). 12. GO No. 183/2002 Coll. on cableway installation designed to carry persons (Directive No. 2000/9/EC)

LABOUR INSPECTION ENFORCEMENT AND MS ENFORCEMENT Synergic effect arising from connection of two fields of activities within one state administration body in the specific area Findings from Labour inspection Market surveillance

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE Ø Act on Occupational Health and Safety (OHS) (124/2006) § 4 art. 1 Designers, constructors have to design projects, machines and other technical equipment design such, that they comply with OHS regulations requirements. Part of the projects, machines and other tech. equipment design have to be irremovable R and T evaluation, which arise from proposed solutions in given operational and users’ conditions, as well as the risk assessment when using them and proposal of safeguarding measures against these R and T.

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE Act on OHS (124/2006) Ø § 4 art. 2 Part of the projects, machines and other technical equipment design are information on their safe placement, installation, usage, control, maintenance and repair.

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE Act on OHS (124/2006) Ø § 6 art. 1 (d) Employer for the sake of safety and health at work is obliged to secure that work equipment does not threat safety and health of workers and for this purpose to secure the necessary maintaining and repair.

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE Act on OHS (124/2006) Ø § 13 art. 1 Technical documentation for work equipment and working procedures, used at work, has to include requirements according to special regulations (For instance Act No. 264/1999 Coll. , GO No. 571/2001 Coll. , GO No. 310/2004 Coll. )

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE Act on OHS (124/2006) Ø § 13 art. 3 Employer is allowed to operate work equipment only if it satisfy the OHS regulations requirements, if conditions specified by designer, constructor are fulfilled, and after maintainance, inspections, control, testing, official testing or technical inspection and technical testing specified by special regulations or manufacturer tech. documentation (For instance Act 264/1999, GO 310/2004, GO 571/2001)

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE GO on work equipment (392/2006) (2 nd individual Directive 89/655/EEC + 95/63 + 2001/45/EC) Ø § 2 (a) For the purpose of this Governmental Ordinance the work equipment is machine, apparatus, instrument or tool, used at work

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE GO on work equipment (392/2006) (2 nd individual Directive 89/655/EEC + 95/63 + 2001/45/EC) § 4 art. 1 Employer is obliged to secure, that work equipment, provided employee for usage, satisfies minimum work equipment requirements, as stated in Annex 1 (For instance GO No. 310/2004 Coll. , GO No. 571/2001 Coll. )

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE GO on work equipment (392/2006) (2 nd individual Directive 89/655/EEC + 95/63 + 2001/45/EC) § 4 art. 2 Employer is obliged to secure, that work equipment satisfies minimum work equipment requirements during the whole time of its usage, as stated in Annex 1 (For instance GO No. 310/2004 Coll. , GO No. 571/2001 Coll. )

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE GO on machinery (310/2004) Ø Annex 1 art. 1. 1. 1 severe area: any area inside or outside of machine, where person is exposed to accidents or health injury GO on work equipment (392/2006) § 2 (c) danger zone: is area inside or outside of work equipment, where employees´ health and safety is threatened, if he/she is inside this area

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE GO on OHS in explosive atmospheres(393/2006) ( 15 th individual Directive EP and R 1999/92/EC) Ø § 2 (a) For the purpose of this GO explosive atmospheres means environment, where an explosive atmosphere is supposed, 1) (1) § 2 (d) Governmental Ordinance No. 117/2001 Coll. ATEX

CONNECTION OF PRODUCTS CONSTRUCTION REGULATIONS WITH REGULATIONS FOR THEIR USAGE GO on providing and using of PPE (395/2006) Ø § 2 art. 4 (3 rd indiv. Directive 89/656/EEC) Employer has to provide employee with personal protective work equipment, which fulfils requirements according to special regulations (For example Act No. 264/1999 Coll. , GO No. 29/2001 Coll. as amended by GO No. 323/2002 Coll. )

MARKET SURVEILLANCE INFORMATION SOURCES Ø Ø Ø Ø Inspection/acceptation of construction/buildings National/regional inspection LI Investigation of work injury Information from Labour Inspectorates Information from other MS bodies Information from other Custom offices Stimuli from employers, representatives of employees, citizens Information from EC

PROPORTION OF TIME ON LI/MS ENFORCEMENT in % Table No. 1 Provisions related to the social regulation Provisions related to the working conditions New approach enforcement 2004 67, 3 31, 4 1, 3 2005 56, 5 43, 2 0, 3 2006 59, 4 40, 3 2007 61, 1 38, 7 0, 2 YEAR/Activity

CASE STUDY - SERIOUS WORK INJURIES CAUSED BY DANGEROUS PRODUCTS 1. SWI in Region Trenčín (crusher of el. isolation) Ø Ø Ø insufficient protection equipment manufacturer does not assess conformity of product with technical regulations requirements Declaration of conformity on the base of 3 years abolished ordinance 2. MWI in Region Prešov (insufficient apron ) Ø Ø Ø PPE – leather product was not affixed by CE marking and by data on manufacturer does not supply product instruction for its usage product was not produced for the purpose, which employer allowed it for

CASE STUDY 2 3. SWI in Region Trenčín ( hydraulic arm ) Ø Ø manufacturing technical documentation did not consider manufacturing of welds manufacturer did not take assessment of product conformity with technical regulations requirements by AP/NP 4. MWI in Region Nitra (cutting and creasing press ) Importer – marketed product without protection equipment - took no assessment of product conformity with technical regulations requirements by AP/NP - did not ensure safe operation technique in the operational manual - did not define safe work procedure Ø Entrepreneur – did not ensure press fitting by protective equipment Ø Authorized/notification person- by issuing of certificate confirmed, that designated products´ (NA) qualities (NA) are in conformity with technical regulations requirements Ø

CASE STUDY 3 5. SWI in Region Banska Bystrica ( books´ thread stitching) Ø Manufacturer Ø Insufficient protective equipment (Sensing device of machine Ø Operational guide did not included instruction for maintainance and inspections of protective shelter (Annex 1 operation in the course of open shelter – Annex 1, art. 1. 1. 2 (a) GO 31 O/2004, STN EN 1 O 88) art. 1. 7. 5 (c) GO 31 O/2004) Ø Authorized/Notification person - by issuing of certificate confirmed, that designated product (NA) qualities are in conformity with technical regulations requirements

PROPOSALS AND RECOMMENDATIONS (Directive of EP and C No. 765/2008/EC, OHS conception) q I. Legislative measures q II. Strengthening of LI bodies in MS field q III. Organizational measures q IV. Cooperation q V. Information technologies

q I. Legislative measures Act No. 125/2006 Coll. on Labour Inspection Ø determination of scope of activities (products) determination of MS enforcement procedures Ø determination of competencies Ø (protection measures, sanctions) Ø Ø remuneration of costs to MS authority (subject responsible for defective product) institutional cooperation MS authorities in SR (STI, SMI, . . . ) Ø cooperation with Commission and EU

q I. Legislative measures Act No. 264/1999 Coll. on Technical requirements for products and on conformity assessment concept definition Ø requirements for accreditation Ø MS authorities Ø cooperation with Commission and EU MS Ø financing of MSA activities Ø

q II. Strengthening of LI bodies in MS area Ø Ø technical and programming financial (resources for testing, activities in EÚ institutions, UN) Ø personal (Labour Inspectorates, NLI) Ø resources for training (professional, language) Ø resources for STN purchasing

q III. Organizational measures methodical guidance of MS enforcement Ø review of organizational structure Ø ICLP adaptation Ø react to instigations (RAPEX, Ø custom offices, MSA- SR, EU MS) increasing proportion of MS enforcement on LI enforcement (2007= 0, 2 %, 2012= 5 -7 %) Ø

q Ø IV. Cooperation with EU institutions, UN (Commission, MARS. . . ) Ø Ø Ø with EU Member States MSA with Slovak MSA (agreements) with SOSMT LI bodies mutually with authorized/notification persons

V. Information technologies q IT (software) (RLI, NLI) Ø individual products categories monitoring Ø register inspection also „unexceptionable“ products Ø interconnection to EC database Ø

Thank you for your attention Ing. Anton Kasana Labour Inspectorate Nitra Contact : 037 6933 858, MT : 0907 731 120 e-mail: anton. kasana@nr. ip. gov. sk LI Košice : www. nip. sk