ª Act XCIII of 1993 on Labor Safety
ª The Hungarian National Program of Occupational Safety and
Health
ª Focalpoint (an important link outside of
this homepage)
1.THE BRIEF HISTORY AND PRESENT ACTIVITIES OF THE
PUBLIC FOUNDATION FOR RESEARCH ON OCCUPATIONAL SAFETY (MKK)
1.1 Establishment, original profile
National Research Institute of Occupational
Safety, the legal predecessor of the Public Foundation for Research on
Occupational Safety was founded in 1954. The original aim for the Institute was
defined as research and developing in order to avoid accidents. In this spirit,
according to the industrial situation of that age, this activity referred
mainly to protection against accidents caused by electricity, facilitation of
heavy manual work, prevention of accidents caused by rotating parts, protection
against falling down.
During the following years research and
development of technical means for the physical and chemical protection of
chemical harms increasingly came into front, therefore, in the activity of the
research institute the following fields have higher and higher importance:
Þ
research of
ventilation methods,
Þ
developing of
local exhausting systems,
Þ identification of chemical hazards
(mainly air polluting materials), developing
sampling and analytical methods,
Þ
developing
noise and vibration test methods, research of safe discharging methods.
Estimation of the hazards at the work-place
described above was among the tasks of the research institute on national level
and also for the sectors in the industry.
Collecting, regulation, processing and
distribution of the working safety information in that period have been already
involved to tasks of the research
institute . As a result of this activity several publications, books,
periodicals, information data sheets and information materials have been
published; research institute became the National Centre of ILO/CIS.
1.2 Transformation
to public foundation, present activities
Significant structural changes have been
introduced in the institute in 1995. The Government of the
The main tasks were already the themes, as it
follows: identification of harmful effects in the work environment (also in
micro-environment); their tests, estimation; methods required; also developing
the required methods for prevention; collecting, regulating, processing and
distribution of working safety information.
As new activities, tasks are completed - partly
in connection with the above described activities - with risk assessment at the
work-place, safety analysis of machines, equipment and complete technologies.
1.2.1 Work environment
tests
Public Foundation possesses with equipment and
testing systems (certification issuing under process) at the work-place to
detect chemical and certain physical harmful effects, their qualitative
identification and quantitative determination.
Public foundation is well experienced in the
following fields:
Þ
managing safety
audits at the work-place;
Þ
measuring and
exposition monitoring of air polluting materials in solid and gas state at the
work-place;
Þ
certification
tests of climate and ventilation at the work-place;
Þ
tests of
parameters in electrostatic and electromagnetic spaces.
Main fields of activity are the vehicle
industry, metal processing industry, electronics, precision mechanics,
petroleum processing.
Regular customers are: AUDI HUNGARY,
ALCOA-HUNGARY, AFL Michels Kabel Corp.; General Electric Lighting Hungary,
IKARUSZ Vehicle Manufacturer Corp.
1.2.2. Occupational
safety information
Public Foundation is the National Centre of
ILO/CIS in
1.2.3 Risk assessment,
safety analysis
On the base of system, Public Foundation
elaborated a methodology and questionnaire to make possible preparation a
qualitative and quantitative analysis of safety hazards relating to machines,
equipment, or complete technologies.
In this way Public Foundation completed safety
auditing at eleven factories in the chemical industry.
1.2.4
Occupational safety and health
information
The Public Foundation (MKK) is the Hungarian National Centre of ILO/CIS.
MKK is in a continuous contact with the Centre in
In edition of MKK are published the periodicals Occupational Safety and Safety Technics
(Munkavédelem és Biztonságtechnika) and Occupational
Health (Foglalkozás-egészségügy), furthermore different other
periodicals containing abstracts of international publications. MKK has also
for subscribers available self developed computer databases on the related
standards, legal rules and hazardous chemical substances.
In addition the Foundation organizes professional trainings and other special courses.
1.3.Relations
On the base of professional activity during the
recent decades, Public Foundation possesses with broad contacts both in
professional circles and the world of science. Therefore, Public Foundation
involves to its research, or other professional activity also internationally
recognized experts.
These relations are formed through its
membership (as an organization, but also individually) in scientific and
professional associations, on one hand and by economical associations of own
establishment, on the other one, to provide a good cooperation in almost every
fields of occupational safety.
1.3.1 Economical
association in own hands
MKK PirautO Ltd.-Fire protection
1.3.2 Scientific
institutions
Occupational Safety
Subcommittee of the
Chamber of
Innovation
Quality Association
of
Scientific
Association of Engineering
Other relations
National Council of
Accreditation
Hungarian Standard
Organization
National Working
Safety and Labor Chief Inspection
National Public
Health and Medical Officer Service
2. Significant
publications from the recent 10 years
2.1.Test
reports, publications
Alkaloida Chemical Factory: Exploration of the critical working
condition of the refrigerating plant (1993)
In the frame of the tender
issued by the Ministry of Trade and Industry: Study of safety audit of the Alkaloida Chemical
Factory and the fact-exploration in support of the audit regarding the
hazardous operations (safety base - investigation) (1993)
GE-Tungsram Co.: Identification of potential
emergency causes resulting production loss in the IWASAKI H4H plant (1994)
Poultry Processing Plant (
In the frame of the PHARE
program: Elaboration of risk-proportional occupational accident and disease
insurance models (1996-1997)
In the frame of the support
based on the occupational safety penalty: Methodology guidance and documentation for the
safety audit of hazardous technologies (1997)
Power Station Co. (Pécs): Risk analysis of the operation with open
mining machines (1998)
ICN Hungary Co.: Hazard evaluation of the
technological working drawing of the GLIBURNURID plant (1998)
BorsodChem Co.: Estimation of the harmful factors at
the workplaces in the BorsodChem -
NITROIL Chemical Production - Development Co.: Hazard evaluation of 9
technologies of 3 plants
(1998-1999)
In the frame of the support based on the occupational safety penalty:
Elaboration of the practical
guidance manual for the hazard evaluation (1998-1999)
Reemtsma Tobacco Factory Ltd. (
AES
Unilever Hungary LTD.: Implementation of the occupational safety and
health management system at the workplace (1999)
Beer Factory (Böcs):
Implementation and introduction of the occupational safety and health
management system at the workplace (1999-2000)
Power Station Co.: (Pécs):
Implementation and introduction of the occupational safety and health
management system at the workpalce (1999-2000)
Dunapack Co.: Hazard
evaluation at the workplaces (2000)
Sabona Shoemaking industry and trade Ltd.: Hazard evaluation at the workplaces (2000)
Public domain - maintenance Ltd. (
TVK Chemical Factory:
Hazard evaluation at the workplaces (2000-2001)
etc.
The Hungarian National Program of Occupational
Safety and Health
System of Occupational Safety and Health
Legislation
¨¨¨
Act XCIII of 1993on Labor Safety
Consolidated with MüM Decree No.
5/1993 (XII. 26.) of the Ministry of Labor
[The text of Act XCIII of 1993
(hereinafter referred to as "LSA")
is typed in boldface, while the
text of MüM Decree No. 5/1993 (XII. 26.) (hereinafter referred to as
"Decree") is typed in regular font.]
The objective of
this Act is to establish the personnel, material and organizational conditions
for ensuring occupational safety and health, in accordance with the principles
set forth in the Constitution, in the interest of protecting the health and
ability to work of persons in organized employment and improving working
conditions, thereby preventing industrial accidents and occupational diseases.
In order to achieve this objective, the Parliament hereby passes the following
Act defining the responsibilities, rights and obligations of the State,
employers and employees:
Pursuant to the authorization
granted in Act XCIII of 1993 on Labor Safety (hereinafter referred to as
"LSA"), the Minister of Labor, in agreement with employer and
employee interest representation organizations, and, in respect of Subsection
(1) of Section 13 of LSA, with the Minister of Finance, hereby orders the
following:
Chapter
I.
GENERAL
PROVISIONS
LSA - Section 1.
(1) For the purposes
of this Act, labor safety shall mean the entirety of occupational safety and
health requirements pertaining to organized employment along with the system of
legal, organizational and institutional regulations for the implementation of
the objectives of this Act, and the execution thereof.
(2) All persons
working within the territory of the Republic of Hungary shall have the right to
safe, healthy working conditions.
Fundamental
Principles
LSA - Section 2.
(1) In agreement
with employer and employee interest representation organizations, the State
shall define the basic occupational safety and health requirements, as well as
the institutions for the control and supervision of such, and shall enact a
national program for the protection of health and working ability, labor safety
and the work environment, the implementation of which it shall periodically
review and inspect.
(2) Implementation
of occupational safety and health requirements shall be the duty of employers, in
harmony with the employees' responsibilities of this nature.
(3) Employers shall
define the manner of implementation of occupational safety and health
requirements within the framework of legal regulations and applicable
standards.
(4) Employers shall
be liable to provide the opportunity to all employees to become familiar with
the relevant regulations pertaining to occupational safety and health in the
language they understand.
LSA - Section 3.
The State shall
promote and supervise the enforcement of the regulations pertaining to
occupational safety and health by way of the supervisory bodies established for
this purpose.
LSA - Section 4.
Regulations
pertaining to occupational safety and health shall be defined in such a way
that such requirements provide adequate protection to employees, as well as to
other persons in the proximity of the area where the work is performed, and to
persons using the services. Work equipment shall be designed so as to preclude
as much as possible the eventuality of accidents and health injury when used
properly outside of the framework of organized employment.
LSA - Section 5.
This Act shall
provide for the reconciliation of interests related to labor safety, as well as
for the protection of the labor safety interests of employees, defining the
rights and obligations of the representatives of labor safety, without
prejudice to the rights of employees' interest representation organizations
related to labor safety which are regulated in other legal regulations,
particularly in the Labor Code, and in the Acts on the Legal Status of Civil
Servants, and on the Legal Status of Public Servants.
LSA - Section 6.
Employers and
employees, as well as State bodies shall cooperate in the course of exercising
the rights and fulfilling the obligations set forth in this Act and in respect
of other regulations pertaining to occupational safety and health.
LSA - Section 7.
The protection of
data (personal, special and public data, State, service, industrial and
business secrets) shall be provided as consistent with the relevant legal
regulations during the course of any and all proceedings related to
occupational safety. The data may be used for statistical purposes, and may be
disclosed for the purposes of statistical use in a manner which precludes
identification.
LSA - Section 8.
If any activity is
qualified by this Act or the Regulations (Section 11) as a specialized labor
safety activity, the employer may only have such activities performed by
persons with special training in labor safety, or mining safety in the field of
mining, as prescribed in other legal regulations.
Scope of the Act
LSA - Section 9.
(1) With the
exceptions defined in Subsections (2) and (3), this Act shall apply to all
forms of organized employment, irrespective of the organizational and ownership
form involved.
(2) Specific provisions of this Act (Sections
26/A, 28, 32, 40, 44 and 45) shall also apply to persons in the proximity of
the area where the work is performed (passers-by, visitors, persons using
services, etc.].
(3) In respect of extraordinary working
conditions (e. g. rescue operations, cases of natural disaster), and labor
activities carried out within the framework of a legal relationship for work
activities in the armed forces (the forces under the direction, control and
supervision of the Minister of Defense or the Border Guard), at law enforcement
agencies, and penal institutions, different requirements and procedural rules
pertaining to occupational safety and health may be established in
exceptionally justified cases in other legal regulations issued by the
competent minister, with due consideration to the provisions of this Act.
LSA - Section 10.
The provisions of
Section 9 shall apply to employment in Hungary, including duty-free zones,
unless otherwise provided for by an Act, international agreement, or in the
absence of the latter, the rules of international private law.
Rules Pertaining to
Labor Safety
LSA - Section 11.
This Act shall
contain the fundamental provisions of labor safety; the detailed regulations
regarding such shall be set forth in other legal regulations issued by the
Ministers of Labor and Public Welfare pursuant to the authorization granted in
this Act, and, with respect to hazardous activities (technological processes),
in regulations (hereinafter referred to as "Regulations") enacted by
the Decree of the competent minister, as well as in standards.
LSA - Section 12.
The provisions
pertaining to employers set forth in Subsection (3) of Section 2 shall also be construed
as a labor safety regulation.
Chapter
II.
STATE
RESPONSIBILITIES FOR LABOR SAFETY; AGENCIES OF ENFORCEMENT
Duties
of the State
LSA - Section 13.
The State shall
have the duty of instituting the framework for labor safety by way of supervising
the relevant procedures through the designated regulatory agencies.
LSA - Section 14.
(1) Within the
framework of labor safety administration, the State shall attend to the
following duties:
a) establishment of a national labor
safety program;
b) determination of the fundamental
requirements for occupational safety and health, along with the associated
rights and obligations;
c) promotion of the enforcement of
labor safety regulations, in particular by the introduction of economic
regulations also serving the purposes of this Act, by instituting incentives,
by establishing the financial conditions for labor safety research programs of
national importance, and by providing information and instruction;
d) establishment of a curriculum
related to general personal safety and to occupational safety and health
regulations, for the purposes of general education and vocational training;
e) review of the labor safety situation
within the national economy on an annual basis and disclosure of the results of
such review, as well as establishment and operation of the labor safety
information network.
(2) The State shall
participate in the work of international labor safety organizations and shall
cooperate with other States for the purpose of harmonization of labor safety
duties.
(3) The State shall
attend to the duties described in Subsections (1) and (2) in cooperation with
employer and employee interest representation organizations.
LSA - Section 15.
The State shall
assume the following duties as part of its activities within the labor safety
sector:
a) publishing of Regulations;
b) sector-specific labor safety
research and development, in harmony with the national labor safety program,
and the provision of information and participation in the organization of
advanced training.
LSA - Section 16.
Within its
regulatory activities and the order of State administration proceedings, and in
accordance with the provisions of Chapter VII, the State shall
a) promote and supervise the
enforcement of labor safety regulations;
b) attend to the licensing and
registration functions prescribed in this Act, in the Decree of the Ministers
of Labor and Public Welfare, and in other legal regulations.
Agencies
Responsible for the Execution of State Duties
LSA - Section 17.
(1) The Parliament,
the Government, and the Ministers of Labor, of Public Welfare, and of Industry
and Trade, as well as the central State administration agencies operating under
their control and supervision (National Occupational Safety and Labor
Administration, State Public Health and Medical Officer's Service, Mining
Bureau of Hungary) shall have jurisdiction to attend to the duties related to
the enforcement of labor safety at the level of national economy.
(2) The National Occupational
Safety and Labor Administration (hereinafter referred to as "NOSLA")
is an independent central office established for the initiation, preparation
and promotion of labor safety-related State administration duties set forth in
Section 14, and the exercise of general regulatory competencies related to
occupational safety and health. The chief officer of NOSLA shall be its
President.
(3) NOSLA and other agencies, in accordance with
the provisions of other legal regulations, shall operate the industrial
accident information system.
(4) The President
and Vice-President of NOSLA shall be appointed by the Minister of Social and
Family Welfare, who shall also decree the central administration duties of
NOSLA, including the activity defined in Subsection (3), along with the
detailed regulations pertaining to the operation of county (Budapest)
occupational safety and labor boards. NOSLA shall operate a network of
occupational safety and labor boards, governed by its President, as its
regional branches, with a staff of occupational safety and labor inspectors.
(5) Pursuant to
other legal regulations, other agencies [National Public Health and Medical
Officer's Service (hereinafter referred to as the "Medical Officer's
Service"), and the mining bureau] shall also exercise regulatory duties
related to labor safety.
(6) During the
course of attending to their duties, the State agencies and supervisory boards
with jurisdiction for the supervision of labor safety procedures shall
cooperate with one another, as well as with public administration bodies and
with employer and employee interest representation organizations.
(7) The
sector-specific labor safety duties shall be performed by the minister
competent for the field of the activity.
Chapter
III.
OCCUPATIONAL
SAFETY AND HEALTH STANDARDS
General
Requirements
LSA - Section 18.
(1) The design,
implementation, commissioning and operation of workplaces, facilities and
technological processes, furthermore, the manufacturing, production, storage, handling,
transport, use, distribution, importation and operation of work equipment,
materials, energy and personal safety equipment shall be carried out in
observation of the requirements set forth in the labor safety regulations, or
in the absence thereof, as consistent with the current level of scientific and
technological achievement.
(2) Employers may
not provide pecuniary or other redemption to employees in lieu of meeting the
requirements of occupational safety and health standards.
(3) Work equipment may only be commissioned and
put into operation if the occupational safety and health requirements are
satisfied, and this fact is certified by the manufacturer, or, for imported
products, by the importer, or in the absence of an importer, by the operator
within the framework of general quality certification.
(4) The work equipment defined in the Decree
issued by the Minister of Labor may only be commissioned and put into
operation, furthermore, all personal safety equipment may only be used if such
work equipment has a certificate of conformity, and the safety equipment has a
certificate of qualification. The examination of conformity with labor safety
requirements shall be performed in accordance with the provisions of relevant
legal regulations and with the Decree issued by the Minister of Labor.
Decree - Section
1.
The list of work equipment falling
under the scope of Subsection (4) of Section 18 of LSA is contained in Schedule No. 1.
Decree - Section
2.
(1) The labor safety conformity of
work equipment, listed in Schedule No. 1, manufactured in Hungary shall be
certified with a Class II quality certificate prescribed in the legal
regulation on quality requirements.
(2) For the certification of
imported work equipment, listed in Schedule No. 1, a certificate in Hungarian,
equivalent to the quality certificate described in Subsection (1), and approved
by the Hungarian Office of Standardization shall be provided.
(3) A certificate of conformity
issued by an accredited testing laboratory shall be construed as being
equivalent to the quality certificate described in Subsection (2).
(5) The Minister of Labor, in agreement with the
Minister of Public Welfare, shall define the detailed rules on the issue of
qualification certificates and on the domestic manufacture of personal safety
equipment.
(6) If the
production or commissioning of certain work equipment is rendered subject to
licensing by a separate legal regulation, such license shall be construed as
being equivalent to the certificate of conformity described in Subsection (4).
Construction
Requirements
LSA - Section 19.
(1) With respect to
construction, enforcement of labor safety requirements shall be the
responsibility of those parties participating in the construction process, and they
shall cooperate in the fulfillment of such requirements.
(2) Each party
participating in a construction process (designers, contractors) shall declare
in writing that they have observed the provisions of Subsection (1) of Section
18.
(3) During the course
of development or installation of workplaces and work equipment, and during the
organization of labor, ergonomic considerations shall also be taken into
account.
(4) With respect to
the construction or creation of workplaces where disabled or physically
handicapped persons are employed, the physical environment shall be designed to
accommodate such disabilities.
LSA - Section 20.
In respect of
temporary facilities (e. g. barracks, site huts), the provisions of this Act
pertaining to workplaces shall be applied with the difference contained in the
Regulations (Section 11).
LSA - Section 21.
(1) The operating
employer shall issue written instructions for the operation of hazardous
facilities, workplaces, work equipment or technological processes (commissioning
according to labor safety standards).
(2) The
commissioning procedure described in Subsection (1) shall be contingent upon
having a preliminary inspection for labor safety conducted in advance, while in
respect of work equipment and of facilities, workplaces and work equipment
subject to regulatory control, existance of a certificate of conformity with
labor safety standards or an official permit, respectively, shall be a
prerequisite.
(3) The provisions
set forth in Subsections (1) and (2) shall also be applied when restarting a
dangerous piece of work equipment or technological process. A prerequisite for
restarting is that the dangerous work instrument or technological process be in
conformity at least with the labor safety regulations in effect at the time of
commissioning according to labor safety standards.
(4) The performance
of the inspection prescribed in the previous subsections shall be construed as
specialized labor safety activity.
(5) Notwithstanding
any legal regulations to the contrary, operating employers shall be entitled to
operate dangerous work equipment or technological processes, prior to such
being commissioned according to labor safety standards, for no more than 180
days for testing or experimental purposes.
LSA - Section 22.
(1) Workplaces,
work equipment and technological processes shall conform with all applicable
labor safety regulations in effect at the time of commissioning.
(2) In the event
that substantial changes are introduced in labor safety regulations by the time
of commissioning as opposed to those in force during the design period, and the
enforcement of such would represent disproportionate economic disadvantages,
the competent supervisory board with jurisdiction (Section 17) may grant an
exemption from the provisions of Subsection (1), if occupational safety and
health are not endangered.
Material Conditions
for the Performance of Work
LSA - Section 23.
(1) For the purpose of maintaining safe technical
conditions, dangerous technological processes and the work equipment defined in
the Decree of the Minister of Labor shall be subjected to periodic safety
inspections. The periodic safety inspection shall be conducted by a person
possessing a labor safety expert license or a person so authorized by other
legal regulations, or by an accredited institution.
Decree - Section
3.
(1) The following shall be subjected
to periodic safety inspections (hereinafter referred to as
"inspection") in the interest of maintaining safe technical
condition:
- work equipment listed under Schedule
No. 1,
- the machinery, the manufacturing
or commissioning of which is subject to licensing, or the inspection of which
is prescribed by legal regulation(s), standard(s) or by its operation manual
(the document containing the instructions on proper and safe operation and
use).
(2) The party operating the
equipment or machinery in question shall perform the aforementioned inspection
once every five years, unless otherwise prescribed by legal regulation(s),
standard(s) or operation manual.
(3)
The person conducting the inspection shall summarize the results of the
inspection in writing and shall provide such to the operating employer, if the
inspection was not conducted by such. The operating employer shall keep this
document on file until the next inspection.
(4)
The work equipment (machinery) falling under the scope of Subsection (1)
may be used outside the premises only if it fitted with a label or sign clearly
indicating that the inspection has been duly completed in compliance with the time
period described in Subsection (2).
(2) If a workplace,
piece of personal safety equipment, or of work equipment or technological
process has directly endangered the health and safety of an employee during its
proper use, or if an industrial accident occurred in connection thereto, the
conformity of such shall be examined by the operating employer without delay.
Until the inspection is completed the operation and/or use thereof shall be
prohibited. Performance of such inspection shall be construed as a specialized
labor safety activity.
(3) The Minister of Labor, in agreement with the
Minister of Public Welfare, shall establish the minimum level of safety and
health requirements regarding work equipment.
LSA - Section 24.
The following shall
be provided for all employees:
a) drinking water in an adequate
quantity and a quality which meets health regulations;
b) facilities for dressing, washing,
medical care, eating, resting and warming up in accordance with the nature of
the work and the workplace.
LSA - Section 25.
According to the
nature of work, the workplace shall be kept in good order and clean, and the
handling of pollutants, sewage and solid waste shall be provided for in a
manner to prevent such from causing any danger or health injury, or any damage
to the environment.
LSA - Section 26.
Signal and alarm
equipment shall be provided at workplaces as consistent with the number of
employees and the nature of danger.
LSA - Section
26/A.
For the protection
of employees and other personnel in the area, safety and health protection
alarm signals shall be installed at such workplaces where it is justified by
the nature of the hazard(s). Detailed regulations governing such shall be
established by the Minister of Labor.
LSA - Section 27.
Adequate access
space as is necessary for conducting the work in a safe and healthy manner
shall be provided for at workplaces.
LSA - Section 28.
(1) At workplaces
where there is a potential danger of employee falling into or off of
structures, or the employees and other personnel in the work area are at risk
from falling objects, protection shall be provided by fencing, covering or any
other appropriate way.
(2) The formation,
placement and fastening of stages used at workplaces (scaffolding, platforms,
service lanes) shall be sufficient for the nature of work to be performed and
the expected burden, shall allow for safe performance of the work, shall have
adequate room for the storage of necessary materials and equipment, and shall
allow safe movement and ascent and descent.
LSA - Section 29.
Storage facilities
shall be designed in observation of the physical, chemical and biological
attributes of the materials to be stored and their interaction, influences from
the ambient environment and the impact of the materials on human health and the
environment, as well as the manner of loading, transport and storage.
LSA - Section 30.
Energy supply
lines, pipelines and public utilities shall be designed to function safely, to
allow for easy operation, maintenance and identification; electrical appliances
shall conform to all applicable safety requirements (electric shock protection,
explosion safety, etc.].
LSA - Section 31.
The natural and
artificial lighting at workplaces shall meet the requirements pertaining to
lighting suitable for the nature of the work.
LSA - Section 32.
Noise emission and
vibration, dust and chemicals, as well as radiation and lower or higher
atmospheric pressure may not result in injury to employees and other personnel
in the work area, and may not endanger the safety of the performance of the
work.
LSA - Section 33.
(1) Fresh air in
sufficient quantity and quality, without any harmful pollutants, and at the
proper temperature shall be provided in workplaces as consistent with the number
of employees and the nature of work, and in consideration of hazard sources.
(2) If provision of
the air and air conditions prescribed in Subsection (1) is technically
unfeasible, organizational measures shall be taken, personal safety equipment
shall be applied, and/or protective drinks shall be provided for the purpose of
protecting the health of employees.
LSA - Section 34.
At outdoor
workplaces protection shall be provided to the employees against weather
conditions by technical means and/or organizational measures as suitable for
the nature of the work, or by individual protection, warming facilities and
protective drinks.
LSA - Section 35.
(1) Only buildings
with appropriate structural condition and stability may be used as workplaces.
Such buildings shall have adequate partitioning walls, interior height,
airspace, space for movement and traffic routes to conform with occupational
safety and health standards and as is consistent with the nature of the work,
and hygienic requirements.
(2) All windows,
skylights and ventilation equipment shall be designed to be opened, closed,
adjusted and secured in a safe manner, and if opened they may not be in a
position to pose any hazard to the employees.
(3) The protection
of doors, gates and walls having transparent surfaces against breaking, and the
distinguishing mark appropriate for the recognition of hazard shall be provided
for.
(4) Swing-doors and swing-gates are to be made of
transparent material or to have a transparent panel installed at eye level.
LSA - Section 36.
(1) The floor and
traffic routes of the workplace shall correspond with the nature of work and
shall meet the cleaning requirements arising therefrom, as well as the highest
level of expected use, while their surface shall be slip-proof, smooth,
stumble-proof and tilt-proof. Traffic routes shall be designed with a width and
free height to allow for the safe movement of pedestrians and vehicles, as well
as for the safe performance of work near traffic routes and tracks.
(2) At workplaces and
storage facilities with pedestrian and vehicular traffic, and where material is
regularly transported, the routes used for transport and material handling
shall be properly marked or separated from each other.
(3) A door for pedestrians shall be installed in
the immediate proximity of gates primarily used for vehicles, if no safe
passage is available for pedestrians.
LSA - Section 37.
The designated
exits, emergency exits and escape routes shall be kept clear at all times. The
number, size, location and illumination of such exit routes shall be designed
so as to allow the workplace to be vacated quickly and safely. Sliding or
revolving doors may not be used for emergency exits. Emergency exits may only
be locked in such a manner that they can be opened by anyone in an emergency.
LSA - Section 38.
(1) At workplaces
where smoking is banned for occupational safety and health reasons, separate
smoking areas shall be designated.
(2) Notwithstanding
the provisions of Subsection (1), in the interest of the protection of
non-smokers confined or open areas shall be designated for smoking, with
confined areas fitted with adequate technical means for the continuous supply
of fresh air. In confined workplaces where several workers are staying at any given
time no smoking shall be allowed, except for the area designated for smoking.
(3) Employees under
the age of 16 shall not be allowed to smoke during the performance of their
work-related contractual obligations or during any other activities connected
with the performance of work, even in the designated smoking area. This
provision shall not affect the smoking restrictions prescribed by virtue of
another act for the students of public education institutions.
LSA - Section 39.
(1) Operating
manuals in Hungarian shall be attached as permanent accessories to all machines
for safety reasons, which shall be provided by the manufacturer or by the
importer in respect of imports, or in the absence thereof, by the operator.
(2) An employer who
employs workers who do not speak Hungarian shall also provide said operation
manual, as well as all danger, prohibition and information signs, in the
language understood by such employees.
Requirements
Pertaining to Work Procedures, Technological Processes and Materials
LSA - Section 40.
(1) Work
procedures, technological processes, work equipment and materials shall be
selected so as to prevent any imminent hazard to the health and safety of
employees and to other personnel in the area of the performance of the work.
(2) At workplaces
where the employees of several different employers are working simultaneously,
work shall be coordinated so as to prevent any imminent hazard to the employees
and to other personnel in the area. Enforcement of this provision shall be the responsibility
of the employer so designated by the parties in the contract, or in the absence
of such clause the general contractor, or if there is no general contractor,
the party on whose property the work is performed.
LSA - Section 41.
(1) Materials and
products may only be handled using the appropriate instruments designed
accordingly, and at the place and in the manner specified, in observation of
weight and size limits as well.
(2) Notwithstanding
any provisions of the Regulations (Section 11) to the contrary
- the order of
traffic within workplaces shall be designed by duly applying the traffic rules
for public areas, furthermore,
- the rules
pertaining to railroad transport shall be applied to the operation of railroad
lines within workplaces.
With respect to
vehicles not used on public roadways, the provisions on the technical
conditions for the operation of vehicles shall be duly applied.
LSA - Section 42.
In the case of
hazardous work procedures and technological processes, for the purpose of the
prevention of hazards, and/or the reduction of their detrimental effects
a)
the sources of hazard, the manner of protection against such and the
occupational safety and health conditions shall be made known to the employees
involved, in respect of the entire workplace and of each work procedure, also
including the provisions of Subsection (2) of Section 40;
b) personal safety equipment providing
protection against hazard sources shall be specified, and such shall be
supplied to the employees to be used as mandatory;
c) workplaces shall be equipped with
appropriate fire extinguishing equipment as consistent with character of the
workplace, with the work equipment, the physical and chemical attributes of
materials and the number of employees, complete with smoke detectors and a fire
alarm system where necessary. All safety equipment and instruments employed to
neutralize sources of hazard, the alarm system, fire-extinguishing and
first-aid equipment, emergency switches and safety lights (hereinafter referred
to as "safety equipment") shall be kept operable and in serviceable
condition at all times;
d) a plan shall be devised for the
employees to terminate all activities, vacate the premises immediately and
proceed to a safe place in the event of any imminent and direct danger
threatening the health and safety of employees;
e) rescue and escape drills shall be
conducted at the intervals defined in the Regulations (Section 11) or as
required by the degree and nature of potential hazards.
LSA - Section 43.
Legal regulations
may render the performance of certain work procedures subject to licensing.
LSA - Section 44.
(1) In respect of work procedures where employees
may be exposed to the effects of sources of hazard, unless otherwise provided
by other legal regulations, effective protection shall be provided by the
application of closed technological process, or if such processes can not be
provided, by the application, or joint application if necessary, of safety
equipment, personal safety equipment and organizational measures.
(2) The provision
of Subsection (1) shall be duly applied to other personnel in the work area as
well.
LSA - Section 45.
(1) A rescue plan
shall be prepared for the occurrence of irregular circumstances, when the
safety rules pertaining to regular operations cannot be enforced, such plan
taking into account the nature, location and size of the workplace, the effects
of hazard sources, and other personnel in the work area. Personnel responsible
for such rescue operations shall be designated. Legal regulation may prescribe
mandatory provisions in connection with the above.
(2) All employees
involved shall be instructed regarding the section of the rescue plan
pertaining to their workplace.
LSA - Section 46.
Material, personnel
and organizational conditions for first aid assistance shall be provided at
workplaces in accordance with their nature and location, the sources of hazard,
the number of employees and organization of the work.
LSA - Section 47.
Detailed provisions
pertaining to the performance of work, work procedures, workplaces,
technological processes, work equipment, personal safety equipment and
protective drinks are contained in other legal regulations, in the Regulations
(Section 11) and in standards.
LSA - Section 48.
Employers shall
establish the manner of protection against the sources of hazard with due
consideration of the provisions of this Act and those pursuant to Section 47.
Personnel
Conditions Related to Occupational Safety and Health
LSA - Section 49.
(1) An employee may
only be employed in a particular position and under the condition, that
- he has the
appropriate physiological capabilities to perform the work,
- such employment
has no detrimental effect on his health and physical integrity, and with
respect to minors, has no detrimental affect on his development,
- such employment
represents no danger to his descendants,
- such employment
represents no danger to the health or physical integrity of others, and the
employee has proven to be fit for the work in accordance with the provisions of
other legal regulations.
Medical fitness
shall be determined by preliminary and, in respect of positions defined in
other legal regulations, periodic medical examinations.
(2) The Minister
responsible for supervision of specific positions (occupations) may require
mandatory aptitude tests to be completed, in addition to the provisions of
Subsection (1), and shall establish the order of such tests in agreement with
the Minister of Public Welfare.
LSA - Section 50.
Employees may only
be assigned to the type of work which their health condition allows, and only
if they have the knowledge, skills and experience necessary from the
perspective of occupational safety and health considerations.
LSA - Section 51.
(1) An appropriate
number of employees with adequate qualifications shall be provided for the
performance of the work in accordance with occupational safety and health
considerations.
(2) Wherever a
hazard is imminent, work may not be performed alone.
(3) If a particular
work may be hazardous to the health and physical condition of employees, the
Minister of Labor, in agreement with the Minister of Public Welfare and the
Minister competent for such work, may prescribe that such work may only be
performed by persons having appropriate vocational training (qualifications),
and/or experience.
(4) If any work is
simultaneously performed by two or more employees, one of the employees shall
be appointed foreman for safety purposes, and such appointment shall be made
known to the other employees.
LSA - Section 52.
(1) Within the
framework of school education, pupils and students shall be educated regarding
the basic rules of general personal safety and occupational safety and health
standards.
(2) As part of
vocational training, students shall be educated regarding the health and safety
requirements pertaining to the profession of their training. The minister
competent for training shall determine the curriculum necessary therefor, in
agreement with the Minister of Labor and the Minister of Public Welfare.
LSA - Section 53.
The conditions for
labor safety-related training shall be defined in other legal regulations.
Chapter
IV.
RIGHTS
AND OBLIGATIONS OF EMPLOYERS AND EMPLOYEES REGARDING THE ENFORCEMENT OF
OCCUPATIONAL SAFETY AND HEALTH STANDARDS
LSA - Section 54.
(1) In the interest
of occupational safety and health, employers shall observe the following
general requirements:
a) hazards shall be avoided;
b) unavoidable hazards shall be
evaluated;
c) hazards shall be eliminated at the
place of origin;
d) the human factor shall be taken into
consideration when setting up the workplace, when selecting the work equipment
and procedures, with particular regard to reducing the amount of work time
spent on monotonous or frequently repeated procedures and the detrimental
effects of such, and to the scheduling of the work time;
e) the achievements of technical
progress shall be applied;
f) sources of hazard shall be replaced with
non-hazardous or less hazardous sources;
g) a uniform and comprehensive
prevention strategy shall be developed for the work process, technological
process, organization of operations, work conditions, social relations and the
impact of work environment factors;
h) collective technical protection
shall have priority over individual protection;
i) sufficient information shall be
provided to employees.
(2) Employers shall
evaluate the qualitative and quantitative aspects of risks jeopardizing the
health and safety of employees, with particular regard to the applied work
equipment, the hazardous materials and preparations, the potential strain on
the employees and the arrangement of the workplace. Based on such evaluation,
measures shall be taken to improve work conditions which shall be integrated
into the activities of the employer at all levels of administration.
(3) In the interest
of occupational safety and health, employers shall provide persons with
appropriate qualifications in order to perform specialized labor safety
activities, or to enforce the provisions of Sections 57-58, and furthermore,
shall
a) provide all necessary instructions
and information to employees in due time;
b) routinely review that work
conditions conform with requirements, and the employees have knowledge of and
observe the provisions pertaining to them;
c) provide proper, suitable work
equipment for employees for specific work procedures and with due consideration
of the related hazards;
d) discuss with the employees, and/or
their labor safety representatives the consequences of the introduction of new
technological processes with potential impact on health and safety, in due time
prior to introduction;
e) investigate without delay irregular
events upon learning of such events, and/or reports related to occupational
safety and health, furthermore, take the necessary measures, inform the parties
involved, and stop work in the event of an unmitigated hazard;
f) act in accordance with the
provisions of Chapter V in the case of industrial accidents and occupational
diseases;
g) guarantee proper applicability,
protection capacity, satisfactory hygienic condition, necessary cleaning,
maintenance (repair) and replacement of safety equipment;
h) take the necessary measures to
improve work conditions under changing circumstances.
LSA - Section 55.
(1) Employers shall
provide adequate training for employees to obtain theoretical and practical
knowledge regarding occupational safety and health, and to be able to apply
such during their employment, along with the necessary rules, instructions and
information upon:
a) beginning work,
b) changing workplace or position, as
well as upon changes in occupational safety and health standards,
c) having a work instrument converted,
or a new work instrument introduced,
d) introducing a new technological
process.
(2) Employees may
not be assigned to independent positions until the acquisition of the knowledge
prescribed in Subsection (1).
LSA - Section 56.
Employers shall define
in writing the internal order for the provision of personal safety equipment.
Fulfillment of this duty shall be construed as a specialized labor safety
activity.
LSA - Section 57.
(1) In order to fulfill the employer's duties
related to occupational safety and health, employers shall employ, and provide
all necessary labor safety-related information and material conditions for,
persons with specialized labor safety qualifications for the period and subject
to the qualification conditions defined in a decree by the Minister of Labor,
as consistent with the category of hazard and the number of employees defined
in the decree.
(2) Employment of
the person prescribed in Subsection (1) shall not relieve employers from their
responsibilities defined in this Act regarding the enforcement of occupational
safety and health standards.
Decree - Section
4.
Employers engaged in the activities
listed under Schedule No. 2, and
included in the hazard category defined therein, shall employ experts having labor
safety (occupational safety) qualifications in accordance with the staff number
and qualification conditions described in the Schedule.
LSA - Section 58.
(1) In addition to the obligations prescribed in
Subsection (1) of Section 57, employers shall provide persons with the
specialized qualifications prescribed in the decree of the Minister of Public
Welfare (hereinafter referred to as "occupational health service"),
regarding all employees, for the purpose of the fulfillment of their duties
prescribed by the provisions of Subsection (4) of Section 21, not including
work equipment, Subsection (2) of Section 23, Subsection (1) of Section 40,
Section 42, Subsection (1) of Section 44, Section 46, Subsection (1) of Section
49, in Paragraphs b), d)-g) of Subsection (1), Subsection (2)
and Paragraph b) of Subsection
(3) of Section 54 and in Section 56.
(2) Without
prejudice to the responsibility of employers, the occupational health service
shall participate in the development of healthy working conditions and in the
prevention of damage to health.
(3) Employers shall guarantee that employees and
their labor safety representatives receive the necessary information from the
occupational health service in connection with their working conditions,
particularly in the course of exercising the rights provided for in Section 61.
(4) The local
bodies of the Medical Officer's Service shall supervise the activities of the
occupational health service. Employers may not issue instructions to the staff
of the occupational health service in this field.
(5)
LSA - Section 59.
(1) Employers shall inform employees and the
labor safety representative (committee) regarding the person(s) assigned to
fulfill the duties of employers related to occupational safety and health.
(2) Employers shall inform the persons defined in
Sections 8, 57 and 58 and the labor safety representative (committee) regarding
the conclusions and findings of hazard evaluation [Subsection (2) of Section
54] and labor safety measures, the recording and reporting procedures of
industrial accidents and occupational diseases and the conclusions of the
inspections conducted by the supervisory bodies efined in Section 81.
LSA - Section 60.
(1) Employees may only perform work in a
condition appropriate for safe performance of the work, and in compliance with
occupational safety and health rules. Therefore, they shall, in particular,
a) make sure of the safe condition of
work equipment provided in the manner reasonably expected, use such equipment
in accordance with the designated purpose and with the employer's instructions,
and attend to the maintenance duties as assigned;
b) use personal safety equipment in
accordance with the designated purpose, and keep such equipment clean as
reasonably expected;
c) wear clothes which do not endanger
health and physical integrity during work;
d) observe discipline, order and
cleanliness in their work area;
e) acquire the knowledge necessary for
the safe performance of work, and apply such in the course of their work;
f) participate in the medical
examination prescribed for them, or the aptitude test for specific positions;
g) eliminate any irregular situations
and malfunctions representing a hazard as reasonably expected, or request their
superiors to take the necessary measures;
h) immediately report any accident,
injury or sickness.
(2) Employees may not turn off, remove or modify
any safety equipment without being specifically instructed to do so.
LSA - Section 61.
Employees are
entitled to demand that the employers
a) provide the conditions for
occupational safety and health and the protective measures prescribed in the
labor safety regulations in connection with hazardous activities;
b) provide the necessary information
concerning occupational safety and health standards, and ensure sufficient time
for learning such information;
c) provide the equipment, work
equipment and protective equipment, and protective drinks prescribed, as well
as cleaning agents and facilities necessary for the performance of the work
from the perspective of labor safety.
LSA - Section 62.
Employees may not
be discriminated against for demanding that the conditions for occupational
safety and health be provided, or for any report they file in good faith
regarding the presumed negligence of an employer.
LSA - Section 63.
(1) Employees are
entitled to refuse work if the performance of such would result in direct and
grave risk to their lives, health or physical integrity. Employees shall refuse
to follow the instructions of employers if such would constitute direct and
grave risk to other persons.
(2) The inoperable
condition or the absence of the necessary protective equipment and personal safety
equipment shall be particularly construed as the risk defined in Subsection
(1).
Chapter
V.
REPORTING,
INVESTIGATION AND REGISTRATION OF INDUSTRIAL ACCIDENTS AND OCCUPATIONAL
DISEASES
LSA - Section 64.
(1) Industrial
accidents and occupational diseases, including cases of substantial exposure,
shall be reported, investigated and registered.
(2) Unless
otherwise prescribed by legal regulations, the actions prescribed in Subsection
(1) shall be fulfilled by the employers regarding industrial accidents, and by
the agencies (persons) defined in the decree issued by the Minister of Public
Welfare regarding occupational diseases.
(3) Employers shall
record the following personal data of injured (sick) persons in the course of
the reporting, investigation and registration of industrial accidents and
occupational diseases: name, place and date of birth, mother's maiden name.
(4) Detailed
regulations on the reporting, investigation and registration shall be
established in this Act and in the decree issued by the Minister of Labor with
regard to industrial accidents, and in the decree issued by the Minister of
Public Welfare with regard to occupational diseases.
Decree - Section
5.
(1) Employers shall register all
industrial accidents, including mining accidents as well (hereinafter jointly
referred to as "industrial accidents"), immediately upon occurrence
of such (hereinafter referred to as "industrial accident register").
(2) In addition to the provisions of
Subsection (3) of Section 64 of LSA, the industrial accident register shall
contain the following:
a) the serial number assigned to each accident,
beginning with 1 in each year;
b) the job position of the injured person;
c) the date, location and nature of the injury;
d) the treatment administered;
e) the fact whether the injured person continued working
or not.
(3) Industrial accident registers
shall be maintained at the employers' headquarters or at the organization
(office) maintaining the employer's records on the aggregate, and separately
for each organizational unit at each location.
Decree - Section
6.
(1)
Industrial accidents resulting in disability shall be investigated
without delay. The findings of such investigation shall be recorded in
sufficient detail, according to the provisions set forth in Schedule No. 3 (e. g. witness reports,
site layout, photographs), in order to allow the cause of the accident to be
determined and to clarify the facts in the event of any subsequent dispute.
(2)
The documentation of the investigation described in Subsection (1) shall
have the same serial number as in the register. This number shall also be
indicated in the industrial accident report.
Decree - Section
7.
Employers shall report serious
industrial accidents (not including mining accidents) by telephone, telex, fax
or in person immediately, including all relevant information available, to the
local branch of the county (Budapest) occupational safety and labor board.
Mining accidents shall be reported according to the provisions prescribed in
the Mining Act and in the legal regulations for its execution.
Decree - Section
8.
(1) The information and facts
gathered during the investigation shall be recorded in the "industrial
accident report" described in Schedule
No. 4 (hereinafter referred to as "report"). If the
investigation cannot be concluded by the data disclosure deadline due to the
condition of the injured person or to the nature of the accident, the report
shall include an explanation thereof.
(2) A separate report shall be
drafted regarding each injured person, on the basis of the provisions set forth
in Schedule No. 5.
Decree - Section
9.
Employers shall submit a copy of the
report upon conclusion of the investigation, but no later than the 8th day of
the following month
a) to the injured person, or to his next of kin in the
event of death;
b) regarding a
fatal industrial accident or one resulting in disability for more than three
days, to the local branch of the county (Budapest) occupational safety and
labor board, or of the Mining Bureau of Hungary (hereinafter referred to as
"MBH");
c) regarding an
industrial accident, described in Paragraph
b), suffered by a Hungarian employee of a Hungarian-registered
employer working in foreign assignment or foreign service, to the branch of the
county (Budapest) occupational safety and labor board, or of the MBH, competent
according to the employer's registered address;
d) to the relevant social security office, or in the
absence of such, to the competent health insurance administration office
(branch office).
Decree - Section
10.
(1) The employer, in whose
employment the injured person was working in an organized manner, shall be
liable to fulfill the requirements of investigation, reporting and registration
of industrial accidents.
(2) If an industrial accident is
suffered by a vocational training student during the practical training
necessary for graduation at a place other than the school or educational
institution, the party for whom such student was working shall be construed as
the employer. However, the institution and the employer may agree otherwise.
Such employer shall notify the school or educational institution thereof with
respect to each industrial accident, and shall arrange for such to participate
in the investigation.
(3) With regard to an employee's
temporary reassignment to another domestic employer, the obligations pertaining
to the investigation, reporting and registration of industrial accidents shall
be performed by the employer directly supervising the employee's work, while
the original employer must be notified as well.
LSA - Section 65.
(1) The
investigation of an industrial accident or occupational sickness shall proceed
to determine the material, organizational and personnel reason(s) being
directly responsible for or contributing to such occurrence; on this basis
steps shall be taken to prevent industrial accidents and occupational diseases.
(2) The
investigation of serious industrial accidents, as well as industrial accidents
attributed to work equipment or technological processes, which have resulted in
the simultaneous injury or other damage (at the same time) of the health of
more than two persons at the same place shall be construed as a specialized
labor safety activity.
LSA - Section 66.
(1) The injured person,
and/or those who noticed the accident shall report the accident without delay
to the immediate supervisor.
(2) With regard to
all which are accidents reported, and/or came to their knowledge, employers
shall establish whether to consider such as industrial accidents. If not
considered as industrial accidents, the injured party, or in the case of fatal
accidents their next of kin, shall be informed of this fact and on the legal
remedy available (Section 68).
(3) Employers shall
arrange for the labor safety representative to participate in the investigation
of industrial accidents.
LSA - Section 67.
Based on the
provisions of law, employers are not required to report, investigate and
register industrial accidents after 3 years following the occurrence thereof.
LSA - Section 68.
If the injured
party (or his relative in the event of death) wishes to contest an employer'
actions, or negligence, regarding the reporting, investigation and registration
of an industrial accident, he may do so at the competent occupational safety
and labor board, or at the competent mining bureau in respect of mining
accidents.
LSA - Section 69.
If an employee,
with Hungarian citizenship, of a Hungarian-registered employer suffers an
industrial accident in the course of his foreign assignment (foreign service),
the employer shall fulfill its obligation of reporting and registration in the
order defined in the decree of the Minister of Labor.
Chapter
VI.
LABOR
SAFETY INTEREST REPRESENTATION AND RECONCILIATION
Labor
Safety Representatives, Labor Safety Committees
LSA - Section 70.
(1) For the purpose
of the representation of their rights and interests relating to occupational
safety and health, employees shall be entitled to elect a representative or
representatives from among themselves (hereinafter referred to as "labor
safety representative"), if the number of employees employed by an
employer exceeds 10, or 20 in the case of employers pursuing exclusively or
predominantly non-physical activities.
(2) The provisions
of the Labor Code pertaining to members of works councils and to employee
delegates shall be duly applied to the number of labor safety representatives,
the order of their election or recall, as well as their sphere of operation.
(3) The labor safety
representatives, if there are at least three, may establish a local labor
safety committee (hereinafter referred to as "committee"). If a
committee is established the rights of labor safety representatives, if such
rights affect all employees, shall be exercised by the committee.
(4) The employer,
or its duly authorized representative, shall attend the committee sessions if
so requested by the committee.
LSA - Section 71.
Labor safety
representatives (committees) and employers shall cooperate in the course of
exercising rights and fulfilling obligations related to occupational safety and
health issues.
LSA - Section 72.
(1) Labor safety
representatives shall be entitled to inspect the enforcement of occupational
safety and health requirements at workplaces, with particular attention to the
following:
- the safe
condition of workplaces, work equipment and personal safety equipment;
- the
implementation of measures taken in order to protect health and to prevent
workplace accidents,
- the preparation
and preparedness of employees for occupational safety and health.
(2) Within the
framework of exercising their rights defined in Subsection (1), labor safety
representatives shall be entitled to
a) enter the workplaces in their spheres
of operation during working hours and inquire among the employees working
there;
b) participate in the preparation of
employer decisions which may affect the health and safety of employees,
including decisions on the establishment of new workplaces as well;
c) request information from employers
regarding any and all issues pertaining to occupational safety and health;
d) express their opinion, and request
the employer to take the necessary measures;
e) take part in the investigation of
industrial accidents, and in the exploration of the circumstances of
occupational diseases upon the initiative of the party entitled to conduct such
investigations;
f) petition the competent labor safety
board in justified cases;
g)
express their opinion to the person conducting the regulatory
inspection.
(3) Based on the
preliminary consent of employers, labor safety representatives shall be
entitled to seek the assistance of experts regarding issues related to
occupational safety and health, and furthermore, to conduct discussions on such
issues with the supervisory agencies.
(4) If, within the
framework of his obligations prescribed in Subsection (3) of Section 2, an
employer defines the manner of enforcement of the requirements in labor safety
regulations, the consent of the labor safety representative (committee) is
required for having such regulations issued.
LSA - Section 73.
(1) Employers shall
take measures or respond within 8 days to the initiatives of labor safety
representatives defined in Paragraphs c)-e)
of Subsection (2) of Section 72.
(2) If they
disagree with an initiative, employers shall explain their position in writing,
with the exception of cases requiring immediate action.
LSA - Section 74.
Labor safety
representatives (committees) shall be entitled to propose to employers to have
a labor safety program prepared. If the employers defined in the decree of the
Minister of Labor fails to agree, the labor safety representatives (committees)
may initiate a collective labor debate as described in the Labor Code.
Decree - Section
11.
If the proposal for the
implementation of a local labor safety program is rejected by the employer, a
collective labor debate may be initiated against the employer if such employer
falls under Class 1 hazard category, as described in Schedule No. 2, and has
more than 50 employees, or if falls under Class II hazard category and has more
than 300 employees.
LSA - Section 75.
(1) Employers shall
ensure the conditions in order that labor safety representatives may exercise
their rights, particularly
a) leave of absence with average pay,
as necessary for the procedures justified;
b) the necessary equipment;
c)
the opportunity to attend, within one year of being elected, a training
course of at least 32 hours during an election cycle, or 8 hours, if the labor
safety representative has specialized labor safety qualification.
(2) The costs
involved for the execution of the provisions of Subsection (1) shall be borne
by the employer.
LSA - Section 76.
(1) Labor safety
representatives (committees) shall exercise their rights in accordance with the
designated purpose, and may not be discriminated against because of such.
(2) Labor safety
representatives (committees) shall proceed in accordance with the provisions of
the labor laws pertaining to the members of works councils (employee delegates)
with regard to the disclosure of the information and facts acquired during
their actions.
(3) In respect of
the labor law protection of labor safety representatives, the provisions pertaining
to elected trade union officials shall be duly applied, whereby the committee
shall be construed as the immediate higher trade union organ, or in the absence
thereof, the body of employees who elected the labor safety representative.
LSA - Section 77.
For the purposes of
Sections 70-76 of this Act, persons working in penal institutions shall not be
considered employees.
Labor Safety
Committees
LSA - Section 78.
National interest
reconciliation related to occupational safety and health shall be performed by
the Labor Safety Committee, operating according to its own order of business,
and consisting of the interest representation organs of employees and
employers, as well as the representatives of the Government.
LSA - Section 79.
Within the framework
of its activities relating to occupational safety and health, the Labor Safety
Committee shall
a) be entitled to negotiate and
evaluate any and all issues submitted by its members, furthermore, to express
its preliminary opinion on bills of legislation and drafts of other provisions
and measures, as described in Section 11, as well as on the accounts (reports)
and temporary programs;
b) take part in the elaboration and
supervision of the national labor safety program;
c) adopt recommendations concerning
labor safety requirements exceeding those contained in labor safety
regulations;
d) make proposals, within the framework
described in Section 80, for the appropriation - by way of tender - of proceeds
from the penalties imposed by the supervisory boards, and shall support the
labor safety information network by providing comments and information from its
own database.
Appropriation of
Proceeds from Penalties
LSA - Section 80.
(1) The fines
imposed by the supervisory boards for any violation of labor safety regulations
shall be paid to the treasury appropriation account of NOSLA. Debts owed to the
account under such title shall be construed as debts to be collected as taxes.
(2) Half of the
proceeds from the penalty payments described in Subsection (1) above shall be
allocated by public tender exclusively for the objectives of occupational
safety and health, while the remaining portion shall be used for the operation
of the central labor safety public information system [Paragraph e) of
Subsection (1) of Section 14].
(3) The Minister of
Social and Family Welfare shall decree Ä in agreement with the Minister of
Health and the Minister of Economic Affairs Ä the detailed regulations of the
tender and information systems described in Subsection (2).
Chapter
VII.
ADMINISTRATIVE
SUPERVISION OF LABOR SAFETY
LSA - Section 81.
(1) The promotion
and supervision of the enforcement of labor safety regulations shall, in
general, be performed by NOSLA, the Medical Officer's Service, by the mining
bureaus and by the local branches of such (hereinafter jointly referred to as
"supervisory agencies") having the legal status and jurisdiction
established by this Act and in other legal regulations.
(2) The supervisory
agencies shall assist the employers, employees and labor safety
representatives, furthermore, interest representation organizations by
providing information and consultation in order to promote their ability to
exercise their rights and to fulfill their obligations related to labor safety.
(3) The supervisory
jurisdiction of the supervisory agencies shall extend to:
a) fulfillment of the duties and
obligations of employers and employees in connection with occupational safety
and health;
b) enforcement of the requirements
related to the establishment of workplaces, operation of work equipment,
technological processes and materials applied, and to personal safety
equipment;
c) investigation, reporting and
registration of industrial accidents and occupational diseases, as well as
measures taken in the interest of prevention.
(4) The supervisory
agencies shall be entitled to
a) apply the measures and penalties
defined in this Act and in other legal regulations, in the interest of
eliminating the deficiencies revealed in the course of their investigation;
b) grant the exemption described in
Subsection (2) of Section 22.
LSA - Section 82.
(1) The supervisory
agencies shall impose labor safety fines against the employers failing to
fulfill the requirements of occupational safety and health, and thereby gravely
endangering the life, limb or health of employees.
(2) Labor safety
fines may be imposed in the amounts between 50, 000 and 3, 000, 000 HUF.
(3) Based on the
proposal of the inspector revealing the case of serious hazard, labor safety
fines shall be imposed by the head of the competent county (Budapest) branch,
or by the local chief medical officer in the sphere of competence of the
Medical Officer's Service as the authority of the first instance, based on the
extent of the hazard and by weighing the personnel and material circumstances
related to the negligence.
Special Regulations
Pertaining to the Jurisdiction of NOSLA, and its County (Budapest) Occupational
Safety and Labor Boards
LSA - Section 83.
Under its
competence as the authority of the first instance, NOSLA shall
a) carry out the licensing procedures
regarding the operation of labor safety experts, and maintain the register of
such licenses in accordance with the decree of the Minister of Labor;
Decree - Section
12.
(1)
Labor safety expert activities may be conducted on the basis of a
license issued by the National Occupational Safety and Labor Administration for
the fields described in Schedule No. 6.
(2)
A person applying for an expert license shall have a university
(college) degree for his field of specialization, with the exception of
Subsection (3), and advanced labor (occupational) safety training, at least 5
years experience in labor safety and the conditions prescribed in other legal
regulations on expert activities, and in respect of technical and engineering
fields, shall have membership in an engineering or architectural chamber.
(3) Under special circumstances, an
expert license may be issued to a person without a higher education degree or
special training, as stipulated by Subsection (2), yet in compliance with the
conditions prescribed in the separate legal regulation on expert activities,
and has received a labor safety expert license prior to this Decree entering
into force on the basis of ME Decree No. 4/1985 (II. 21.].
(4) Applications shall contain the
field of specialty described in Subsection (1), with the relevant sector
indicated as well, while attested copies of the documents and certificates
pertaining to the conditions set forth in Subsections (2)-(3) shall also be
attached along with a detailed description of previous experience.
(5)
The expert license shall be revoked if such circumstances are
subsequently revealed, according to which the conditions for having the license
issued were not satisfied; it may also be revoked if the license holder
conducts his expert activities in deviation from the provisions of the license,
or fails to comply with the requirements prescribed in this Decree and in other
legal regulations on expert activities.
(6)
A person having official jurisdiction in connection with labor safety
[Subsection (1) of Section 81 of LSA] shall not be engaged in labor safety
expert activities at employers under his area of competence.
Decree - Section
13.
(1)
A fee of HUF 5, 000 shall be paid for each labor safety expert license
issued, with an additional fee payable for registration. Such fee shall not be
refunded if the application is rejected.
(2)
The National Occupational Safety and Labor Administration shall publish
the list of registered labor safety experts along with the license expiration
dates in its official publication once a year.
b) issue certificates of qualification
for personal safety equipment.
LSA - Section 84.
(1) Inspectors of the county (Budapest)
occupational safety and labor boards shall be entitled to the following as
authorities of the first instance:
a) to hold inspections at all
workplaces within their fields of competence, without a special permit;
b) to investigate industrial accidents,
with the exception of those related to public roads and air transport, without
prejudice to the employers' responsibility;
c) to instruct employers to satisfy the
requirements of occupational safety and health;
d) to oblige employers to eliminate any
deficiencies which are determined, within the deadline specified;
e) to prohibit employees from working
under conditions which are in grave violation of the regulations pertaining to
occupational safety and health;
f) to order the suspension of hazardous
activities, and/or the operation and use of divisions, sections and work
equipment in the event of any imminent hazard directly threatening the health
and physical integrity of employees, until such hazard is eliminated;
g) to order the investigation described
in Subsection (2) of Section 23;
h) to order an investigation regarding
the reporting or investigation of an industrial accident, if the reporting or
investigation was neglected, or was not performed in accordance with the
provision of legal regulations;
i) to suspend the operation and use of
work equipment and personal safety equipment, if the document defined in
Subsection (4) of Section 18 is not provided;
j) to act in accordance with other
legal regulations pertaining to violations of regulations.
(2) Inspectors
shall investigate reported serious industrial accidents, without prejudice to
the responsibility of employers.
(3) Inspectors
shall be authorized to order the immediate execution of their decisions
described in Paragraphs e), f) and
i) of Subsection (1).
LSA - Section 85.
a) In administrative matters, the
President of NOSLA shall function as the superior organ with regard to the
decisions passed by the head of the county (Budapest) agencies, or by NOSLA.
b) NOSLA shall act as the superior organ
of inspectors in administrative matters.
LSA - Section 86.
The administrative
competence of NOSLA and of the county (Budapest) occupational safety and labor
boards shall not include the supervision of radiological hygiene duties related
to labor and radiological protection defined in other legal regulations, as
well as the use of atomic energy, the administrative matters falling under the
competence of mining bureaus, furthermore the armed forces and law enforcement
agencies regarding which the competent Minister shall exercise labor safety
regulatory control activities.
Chapter
VIII.
INTERPRETATIVE
PROVISIONS
LSA - Section 87.
For the purposes of
this Act
1. Accident: a
one-time external effect on the human body which occurs irrespective of the
will of the injured person, suddenly or within a relatively short time, and
causes injury, poisoning or any other (physical or mental) health damage, or
death.
1/A. Risk: the probability of the materialization
of the hazard, i. e. the occurrence of the detrimental effect.
2. Construction:
the process as a result of which a new plant or workplace is created, or
existing plants or workplaces are renovated, expanded, reconstructed, and/or a
machine is installed, irrespective of whether such will be used for production
or non-production purposes upon being created.
3. Industrial
accident: an accident suffered by an employee in the course of or in connection
with organized employment, irrespective of its place and date, and the extent
of contributory responsibility of the employee (injured party).
An accident
suffered by an employee in the course of transportation, material purchase,
material handling, cleaning, organized provision of meals, occupational health
service and any other services of the like which are provided by the employer
in connection with the work performed within the field of employment shall be
construed as having occurred in connection with the performance of work.
An accident
suffered by an employee while commuting from his place of residence (domicile)
to the place of work, or from the place of work to his place of residence
(domicile) shall not be construed as having occurred in connection with the
performance of work (industrial accidents), unless the accident involved a
vehicle owned or rented by the employer.
Mining accident:
the accident which occurred at any employer in the course of mining activities.
An industrial
accident (mining accident) shall be considered serious if
a) it caused the death of the injured party
(an accident as a result of which the injured person dies within 90 days as
established in the medical expert report shall also be considered a fatal
industrial accident), death of a woman's fetus or newborn baby, or resulted in
a permanent handicap depriving the person of an independent life;
b) resulted in the loss of any sense
organ (or perceptual ability) and in the loss or significant damage to the
ability to reproduce;
c) caused a critical injury, or any
serious damage to health according to a medical report;
d) caused serious mutilation, loss of
the major part of a thumb or arm, or two or more toes (also more serious
cases);
e) resulted in the loss of speech, or
in conspicuous disfiguration, paralysis, and/or mental disorder.
4. Work equipment: all
machines, appliances, instruments or equipment used in the course of or in
connection with the performance of the work (with the exception of personal
safety equipment).
5. Workplace: all
outdoor or confined spaces (also including underground facilities and vehicles)
where employees are situated for the purpose of or in connection with the
performance of work.
6. Employee: a
person who performs work within the framework of organized employment.
7. Commissioning
according to labor safety standards: the labor safety procedure allowing the
operator to establish that the facility, workplace, technological process or
work equipment conforms with the requirements of occupational safety, and
orders the operation thereof.
8. Employer: the
entity who hires employees for organized employment.
A private
entrepreneur who does not employ others and performs his work solely by himself
shall also be construed as an employer with regard to the provisions of
Subsection (2) of Section 9 of this Act.
With respect to
social work, the organizers of social work shall be considered employers.
9. Organized
employment: work performed in employment relationship, in the legal
relationship of public service and public employment, in the legal relationship
of employment nature in the case of cooperative membership, in pupils' and
students' legal relationship in the course of practical training, in a penal
institution legal relationship (in pre-trial detention, as a convict), on the
basis of administrative orders, by members of the armed forces, law
enforcement, professional State and professional local government fire brigade
service and other security organs in their service relationship, work performed
in civil service, as well as social work initiated, managed or approved by the
employer.
10. Restart: the
procedure of re-initiating the operation of a piece of work equipment or a
technological process that has already been commissioned once before for labor
safety purposes, and which have not been used for more than 30 consecutive days
for technical reasons, or was dismantled for overhaul.
11. Hazardous: a
facility, piece of work equipment, work procedure or technological process,
which is deemed to cause serious damage to the health or physical integrity of
an employee in the absence of appropriate protection.
12. Hazardous
material: any material or preparation which may represent a source of hazard by
virtue of its physical, chemical or biological attributes, particularly
- explosive,
- oxidizing,
- flammable,
- radioactive,
- toxic,
- corrosive,
- irritant,
- sensitizing,
- infectious,
- carcinogenic,
- mutagenic,
- teratogenic,
- harmful to
reproduction (including spontaneous abortion, premature birth and the retarded
development of the fetus, a well), and
- otherwise harmful
materials.
13. Source of
hazard: all factors appearing in the course of or in connection with the
performance of work, which may have hazardous or harmful effects on the workers
or other personnel in the area of the performance of work.
Sources of hazard may
be, particularly:
- physical sources
of danger, such as
= work equipment,
vehicles, transportation and material handling equipment, the components
thereof, and/or the movement of such, as well as the movement of products and
materials,
= disruption of the
balance of structures,
= slippery
surfaces,
= sharp, burred and
uneven surfaces, edges and corners,
= temperature of
objects,
= location of the
workplace in comparison to the ground (floor) level,
= level
differences,
= state of
weightlessness,
= pressure,
temperature, humidity, ionization and flow of air,
= noise, vibration,
infra-acoustic sound and ultrasound,
= lighting,
= electromagnetic
radiation or space,
= particle
radiation,
= electric circuit
voltage or static voltage,
= aerosols and dust
in the air,
- hazardous
material (see Point 12)
- biological source
of hazard, including
= microorganisms
and their metabolic by-products,
= macroorganisms
(plants, animals),
- physiological,
neurological and psychological stress.
Decree - Section
13/A.
For the purposes of this Decree a
person who is unable to perform work due to an injury resulting from an
accident or an impaired in his health which requires medical treatment or
rehabilitation, irrespective of whether he receives sick pay for such period or
not, shall be considered disabled.
CLOSING
PROVISIONS
LSA - Section 88.
(1) This Act shall
enter into force on 1 January 1994.
(2) The detailed rules contained in Subsection
(3) of Section 19, Subsections (1), (2) and (4) of Section 21, Section 24, Section
25, Sections 31 to 34, Subsection (1) of Section 40, Section 43, Subsection (1)
of Section 44, Subsection (1) of Section 45, Section 50, Section 56 and Section
60 of this Act, not affecting the separate regulation referred to in Section
47, shall be defined by the Minister of Public Welfare in agreement with the
Minister of Labor, and with regard to the activities falling under the scope of
Act XLVIII of 1993 on Mining in agreement with the Minister of Labor and with
the Minister of Industry, Trade and Tourism.
(3) Simultaneously
upon this Act entering into force
MT Decree No.
47/1979 (XI. 30.) on Labor Safety, and the legal regulations on the amendment
and execution thereof:
- MT Decree No.
64/1980 (XII. 29.),
- MT Decree No.
18/1984 (III. 31.),
- MT Decree No.
12/1985 (III. 14.),
- MT Decree No.
4/1987 (II. 9.),
- MT Decree No.
63/1989 (VI. 30.),
- Paragraph a) of Subsection (2) of Section 3 of
Government Decree No. 96/1991 (VII. 23.) Korm.,
- BkM Decree No.
4/1986 (IV. 15.),
- EüM Decree No.
10/1981 (IX. 17.), and EüM Decree No. 2/1986 (IV. 7.) on the amendment thereof,
- ÉVM Decree No.
5/1986 (V. 7.),
- IpM Decree No.
3/1986 (II. 27.), and IpM Decree No. 2/1990 (II. 16.) and IKM Decree No. 2/1990
(VIII. 21.) on the amendment thereof,
- KM Decree No.
3/1986 (III. 9.),
- KkM Decree No.
2/1986 (IV. 1.),
- MÉM Decree No.
4/1986 (III. 9.) and MÉM Decree No. 13/1990 (IV. 30.) on the amendment thereof,
and Section 6 of Government Decree No. 19/1992 (I. 28.),
- MM Decree No.
9/1981 (VI. 13.) and ME Decree No. 2/1986 (III. 20.) on the amendment thereof,
- PM Decree No.
1/1982 (I. 1.) and PM Decree No. 4/1990 (II. 7.) on the amendment thereof,
- ME Decree No.
4/1985 (II. 21.) on Labor Safety Experts,
- ME Decree No. 7/1985
(VII. 20.) on Labor Safety Qualification,
- ME Decree No.
9/1985 (VII. 20.) on Labor Safety Education and Examinations, and SZEM Decree
No. 18/1989 (VII. 4.) on the amendment thereof,
- ME Decree No. 3/1987
(XI. 4.) on the Investigation, Reporting and Registration of Industrial
Accidents, and SZEM Decree No. 5/1989 (III. 1.) on the amendment thereof,
- the first
sentence of Section 2, Section 3, Subsection (1) of Section 7, Subsection (1)
of Section 11, Subsection (1) of Section 19, Subsection (1) of Section 20,
Section 23 and Section 24 of EüM Decree No. 2/1981 (II. 7.) on the General
Health Requirements for Workplaces,
- MP Decree No.
2/1986 (IX. 17.) on Labor Safety,
- HM Order No.
30/1981 (HK. 18.) on Labor Safety and HM Order No. 26/1984 (HK. 15.) on the
amendment thereof,
- IM Order No.
108/1987 (IK. 7.) on Labor Safety, furthermore, Government Decree No. 98/1990
(XI. 28.) on the National Occupational Safety and Labor Administration,
- IpM Decree No.
22/1982 (XI. 26.) on Labor Safety in Small Enterprises,
- BkM Decree No.
19/1982 (XII. 27.) on Labor Safety in Private Trade,
- Subsection (2) of
Section 65 and the text "- (2)" in Paragraph c) of Section 197 of Act XXII of 1992 on
the Labor Code
shall be repealed.
(4)
(5) Wherever
workers' health service is mentioned in legal regulations, it shall be
interpreted as occupational health service, while workers' physicians shall be
interpreted as occupational health physicians.
(6) Wherever the
National Labor Safety and Labor Administration is mentioned in legal
regulations, it shall be interpreted as the National Occupational Safety and
Labor Administration.
Decree - Section
14.
(1) This Decree shall enter into
force on 1 January 1994.
(2) Labor safety expert licenses
issued on the basis of ME Decree No. 4/1985 (II. 21.) and the qualification
certificates issued on the basis of ME Decree No. 7/1985 (VII. 20.) prior to
this Decree entering into force shall remain valid until the date and under the
conditions defined therein.
Act XCIII of 1993 on Labor Safety
The Hungarian National Program of Occupational
Safety and Health
System of Occupational Safety and Health
Legislation
¨¨¨
THE HUNGARIAN NATIONAL PROGRAM OF
OCCUPATIONAL SAFETY AND HEALTH
Translator's
Note
Legal standing: This translation has no official standing and under
no conditions can be considered a legal equivalent of the Hungarian text.
National Policy: The National
Program of Occupational Safety has three main parts: a descriptive part
analyzing the situation in Hungary, a strategic part determining the basic
principles, goals and long-term tasks of occupational safety and health policy,
and a set of short or medium-term tasks to be done. The Program fulfils the
criteria for the national policy of occupational safety and health required by
Article 4 of ILO Convention No. 155 with one exception: there is no word for
"policy" in Hungarian.[1]
Labour protection:
The Hungarian title of the Hungarian National Program of Occupational Safety
and Health is "The National Program of Labour Protection". In Hungary
(and most of the Central and East European countries) the term "labour
protection" stands for occupational safety and health. This term is used in the Constitution of the
Republic of Hungary and in relevant legislation. Labour protection consists of
two main areas: occupational safety and occupational health.
Remarks: Explanatory terms which are not part of the text are
in [square brackets]. The footnotes do not belong to the Program; they are here
for the sake of the English reader.
The
Program is a milestone in the history of Hungarian occupational safety and
health. After several years of discussions and preparation it was proposed to
Parliament with a full support of the social partners, and it was passed by a
unanimous vote. Having participated in its conception and birth, I am proud to
be given the opportunity now to present it to the English reader.
András Békés
Director General
Hungarian Labour Inspectorate
Resolution No.
20/2001 (March 30) of the Parliament
on the National Program of Occupational Safety and Health
1. Parliament has
discussed and adopted the National Program of Occupational Safety and Health
(hereinafter: Program) attached to this Resolution.
2. The Government, on
the basis of the Program, in cooperation with the representative organizations
of employees and employers, taking into consideration the situation of the
central budget, shall draw up detailed yearly action plans and schedules for
the whole duration of the Program, the first time not being later than the
discussion of the report on the national situation of occupational safety and
health in 2001, determining tasks, responsibilities and necessary means and
resources.
3. The Government
shall prepare a report for Parliament about the execution of the Program within
half a year following its expiration.
4. Parliament by this
Resolution invites –
a) employers and employees to do everything to
achieve the goals outlined in the Program;
b) the media to take a share in popularizing the
Program and propagating information on occupational safety and health, on
health protection and development;
c) civil organizations, representative
organizations and all citizens, to contribute according to their means to the
achievement of the goals of the Program.
5. This Resolution
shall come into effect on the day of its publication.
Attachment to Resolution No.
20/2001 (March 30) of the Parliament
The National Program of Occupational Safety and Health
According to the Labour Protection Act (Act XCIII of
1993)[2],
it is a duty of the State to formulate a national program for occupational
safety and health and the working environment and the protection of working
ability, and periodically to revise its implementation. This is the national
program of occupational safety and health (hereinafter: Program) as a
middle-term, five-year action system with the purpose of solving present
occupational safety and health problems and preventing future problems.
1. The Coverage of Occupational Safety
and Health
1. 1. Industrial development in the last century lead to
the recognition that employers had a vital financial interest in protecting the
health and safety of employees. Technical and social development since then has
not reduced but increased the risks threatening workers, while in the
industrialized countries people attach higher and higher values to health,
safety and well-being.
The working environment is the most hazardous human
environment where risks are 1-3 orders of magnitude higher than in other
environments. Risks can take many forms, from dangerous machinery through
hazardous chemicals to the psychological and social factors of the working
environment, including bad work organization, deficiencies in social and
hygiene facilities, and human factors at work.
1.2. In these days,
approximately 10 million occupational accidents happen every year within the
European Union, with a death toll of more than ten thousand. (Progressing from
north to south, the rate of fatal occupational accidents per 100 000 workers
increases gradually from 2 to 10. The rate of occupational accidents is three
times higher for men than for women, and men's rate of fatal accidents is ten
times higher than women’s.)
Every year there are 60 to 150 million new occupational
diseases registered in the world, but there are no sufficiently reliable
statistical data about deaths resulting from occupational diseases. One of the
reasons is that some of the diseases have long latencies, sometimes up to
several decades, making difficult the identification of their occupational
origin. However, even the most conservative figures estimate 4% of fatal
cancers to be of occupational origin, causing the death of several hundreds of
thousands of working people worldwide and 1200-1400 in Hungary every year.
In addition to the category of occupational diseases,
there are work-related diseases which may be caused by a number of factors, one
of which is the working environment; in other words, certain factors in the
working environment increase the risk of these diseases for the workers
concerned. Reliable estimates put the number of these diseases two magnitudes
higher than that of occupational diseases.
Financial loss resulting from absence from work is about
100 thousand Hungarian Forints per day. This indicates that effective labour
protection, in addition to humanistic considerations, is also a profitable
long-term investment both for the State and for the enterprises.
1.3. Modern occupational safety
and health is not confined to the prevention of accidents and ill-health at
work. at work. It has a place and a role even in the design of work equipment
and workplaces, and covers in general the well-being of people at work; since a
very significant part of human life is spent at work, mental and physical
well-being related to work has a fundamental importance for us.
Modern occupational safety and health calls for the
humanization of the working environment and for an extensive consideration of
human factors. This philosophy is in accordance with the economic interests of
the employers and the State, the interests of the workers and their families,
and the interests of society as a whole.
The third Ministerial Conference on Health and
Environment (London, 1999) and its recommendations adopted among others by
Hungary, have had a significant importance for modern occupational safety and
health. The conference reviewed the practice employed in occupational health
and safety and the environment, and proposed the establishment of mechanisms
and conditions at the national level which can continuously facilitate the
creation of conditions for health and safety at work with the active
contribution of the actors of the national economy, applying, among other
things, the principle of multidisciplinarity and the minimization of
environmental risk factors.
Modern occupational safety and health covers the following areas:
a) The design
and condition of workplaces, including the requirements of hygiene at work. The workplace is not simply a
place where work is performed but also a living space whose quality is a
determinant factor of the whole quality of our lives.
b) Work equipment. Machinery, tools, devices – all implements
used at work.
c) Dangerous chemicals and preparations. There are several tens
of thousands of chemicals used in different technologies. These chemicals often
present various hazards even in minuscule quantities, from corrosive or toxic
effects to insidious carcinogenic or teratogenic effects.
d) Work organization and working hours. The worker is exposed
to many kinds of physical and mental stress at work. The careful regulation of
working hours and the proper limitation of exposure time reduce direct exposure
to risks and hazards and help maintain good health. The broader significance of
work organization in occupational safety and health has been recognized in the
last decade. The effect of psychosocial factors, mental discomfort at work can
lead to ill health, similarly to direct [physical] hazards.
e) The protection of sensitive groups. Work is also performed
by pregnant and breast-feeding workers, by young people, and more and more
people with "changed abilities". These groups should not be excluded
from the world of work but on the contrary, their special conditions, tolerance
and abilities should be fully taken into account.
f) The management of occupational safety and health. It is in
the interest of the employer to employ occupational safety and health experts
with suitable qualifications and skill. Even more important than this,
occupational safety and health should not be treated as a separate task; the
protection of safety and health, the provisions for mental and physical
well-being at work should be integrated within the internal management system
of the employer.
2. The Situation of Occupational Safety
and Health in
2.1.
Economic and social factors
a) Before the systemic political
and economic changes in 1990, there were about 15-17 thousand chiefly public
companies in Hungary, employing about 4.5 million people. One consequence of
the changes was that in 1998 there were almost 800 thousand Hungarian
enterprises.
There are almost one million employers in the country
but only about six thousand of them employ more than fifty people, and about 25
thousand employ more than 10. In other words, the number of employers has grown
by almost two orders of magnitude while the size of the workplaces has shrunk
dramatically.
It should also be noted that legal regulations of
occupational safety and health in Hungary cover only those in "organized
work"[3]
[i.e. basically in employment or similar relations], although the protection of
the safety and health working ability of those outside organized work is
equally important. This population (self-employed entrepreneurs and family
members) is present in significant numbers. Within this group, special
consideration should be given – in terms of the importance and urgency of
action – to small farmers and family farms in agriculture.
b) The role of the State has changed:
the function of public ownership has been largely replaced by regulatory and
economic management functions. After several years of preparation and
negotiations with the social partners, the legal regulation of occupational
safety and health was given a new foundation by the Labour Protection Act (Act
XCIII of 1993), and the harmonization of Hungarian laws and regulations with
the European Union's requirements is nearing its completion.
Occupational safety and health
legislation covers the twin areas of safety and health at work. It is within
competence of occupational health to establish health criteria with regard to
work and to help ensure healthy work and a healthy working environment.
According to the Act on Public Health (Act CLIV of 1997), occupational health
consists of two areas: occupational hygiene and occupational health care.
The most comprehensive service
in occupational safety and health is offered by the occupational health
services, since the Labour Protection Act requires this service to be provided
to every person employed in organized work. By the end of 1998, 94/% of those
in organized work were covered by occupational health services.
c) At the same time, employers and
employees labour under serious burdens caused by a lack of capital, by the
threat of unemployment, and by unavoidably high taxes and social security
payments. This gives a certain attraction to the illegal economy where it is
even more difficult to enforce occupational safety and health safeguards. There
is a risk that employees will prefer high wages to safe and healthy working
conditions; there is also a risk of a collusion between employers and employees
against safety and health considered as a hindrance to profitability.
2.2. Material conditions
2.2.1. The safety of work
equipment
The Hungarian Labour Inspectorate (OMMF) conducted a
nation-wide representative survey on the safety of work equipment [tools and
machinery] in 1996, covering more than 280 thousand pieces of equipment in all
sectors of the economy. The following conclusions can be drawn from the results
of the survey:
a) The average age of work
equipment was 12.1 years in 1996, and observations since then have not shown
any significant change. Enterprises suffering a shortage of capital have continued
using the machines of socialist industry; however, second-hand machinery older
than the Hungarian average has also been imported in significant numbers.
b) 48% of work equipment were
manufactured in Hungary. Their average age was 3.5 years higher than that of
imported ones.
c) 30% of work equipment fell into
the category of "dangerous machinery" as defined by laws and
regulations. Employers were largely uninformed as to the safety classification
of work equipment and technology.
d) 25% of work equipment subject to
periodical safety inspections were not inspected. Where safety checks were
made, many of them were only formal. Maintenance was aimed chiefly at
maintaining productiveness; safety was not a priority.
e) 14% of work equipment were
found to be lacking in safety, and 8% were found positively dangerous due to
missing or faulty or disabled safety appliances or other factors. In mining and
quarrying the inspections by the Mining Authority show that the majority of
work equipment is outdated but their regular maintenance ensures compliance
with technical and safety and health requirements. Modern work equipment is
used in oil and natural gas extraction as well as in pipeline transport and gas
distribution.
2.2.2.
The distribution of employees in occupational health risk classes
According to the classification by risks related to work
stress and hazards present in the working environment, the situation varies by
different sectors and activities. (The least favourable situation is present in
Class "A" covering e.g. mining and smelting.)
The distribution of employees in occupational health
risk classes at the end of 1998 (similarly to the preceding year) was the
following:
|
Occupational health risk class |
|
|
Class A |
5% |
|
Class B |
26% |
|
Class C |
37% |
|
Class D |
32% |
2.3. Human factors
a) It is well known that the state
of the health of the Hungarian population has become critical. Within Europe,
the mortality rate of Hungarian males between 45 and 65 is second to the CIS countries
holding the first place. With regard to tumor fatalities, Hungary has the worst
mortality rate in the world among the 40 countries reporting to WHO, including
even those third-world countries which have reliable statistical data. Life
expectation at 30 is only 36,7 years. People at work are affected by physical,
psychological and mental stress resulting from work and also by various
(physical, chemical, biological, ergonomical and psycho-social) risk factors
present in the working environment.
Safety and health often has a subordinate place among
the values of employers and employees. The tripartite mission of the
International Labour Organization visiting Hungary in 1991-1992 described this
in their report in words which are still relevant to a large degree to-day:
"The general safety awareness is not yet very highly developed in the
country. By comparison with the
population in Western Europe, the factor “safety” ... does not rank high in
working life... Whereas in Western European countries workers’ awareness for
safety and health has continuously developed and today holds a very high rank,
it was not possible to recognize even the beginnings of such a development in
the Hungarian workers. ... In Western Europe nobody, not even an employer, can
speak out openly against the necessity of comprehensive labour protection
measures. In the present economic situation in Hungary, however, the employers
are still far removed from such attitudes.”
b) The above statement could
include a significant proportion of employees as well. Workers' actions to-day
are not aimed at improving their safety and health at work but at raising their
wages. No industrial action in Hungary ever demanded specifically the
elimination of unhealthy or dangerous working conditions.
c) Employers and employees equally
lack relevant occupational safety and health knowledge and information. Safety
and health aspects have not yet been integrated into enterprise management or
into education.
2.4. Occupational accident statistics
a) Occupational accident figures have shown an
apparently favourable trend in the last decade. From the mid-eighties, the
absolute number of registered occupational accidents has been steadily
decreasing. There were more than 80 thousand accidents at work in 1989 but only
28,668 in 1998. The reduction of high-risk work in heavy industry, the advent
of unemployment (in other words, the reduction of the number of jobs and people
in jobs) as well as the decrease of the intensity of production in many places,
all contributed to the decrease of accidents. Data from the recent years (for
employers inspected by OMMF) are shown below:
|
Year |
Occupational accident |
Rate per 1000 |
Number of people |
|
1992 |
45,230 |
12.27 |
3,686,300 |
|
1993 |
40,314 |
11.79 |
3,418,800 |
|
1994 |
35,919 |
10.81 |
3,323,200 |
|
1995 |
33,471 |
10.36 |
3,231,000 |
|
1996 |
30,910 |
9.68 |
3,132,000 |
|
1997 |
28,896 |
9.04 |
3,196,000 |
|
1998 |
28,688 |
8.75 |
3,276,800 |
At the same time, workplace
inspections have shown a deterioration of safety at work.
In the year 1998, for the first time in a decade, the
steady decrease of the number of accidents stopped. This appears to indicate
that the quickening of the economy will bring an increase in workplace hazards.
The number of occupational accidents per 1000 people has not shown a
significant change.
b) The trend of fatal
occupational accidents has been different: while the absolute numbers, except
for 1998, have decreased, the fatality rate has remained largely steady since
1991.
c) There is a need for caution
if one wants to use accident statistics to judge the situation of occupational
safety and health. OMMF conducted a nation-wide inspection campaign in 1995 to
examine whether employers actually report occupational accidents as required.
The results of that survey are still valid to-day: at least 25% of work
accidents have not been reported. Consequently, the apparent decrease in the
number of accidents is partly due to an increase in underreporting. One of the
causes of underreporting is the heavy presence of illegal economy, but there
are not even estimates for accidents at illicit work, except for a few serious
or fatal ones. Self-employed people, i.e. one-person enterprises with no
employees are not covered by occupational safety and health regulations at the
present time, and consequently there is no information available about their
accidents at work. In the area within the competence of the Mining Authority,
however, underreporting of occupational accidents is not typical.
2.5. Trends in occupational diseases and
increased exposures
Trends in occupational diseases and increased exposures
can be considered as indicators of the effects of workplace hazards.
The number of reported
occupational diseases per 10,000 employees was the following in 1996-1998:
|
Year |
Number of diseases |
Number of diseases per 10,000
employees |
Number of employees |
|
1996 |
719 |
3.0 |
2,365,000 |
|
1997 |
709 |
2.9 |
2,402,000 |
|
1998 |
691 |
3.0 |
2,351,000 |
The distribution of reported diseases per 10,000
employees among the most important industrial branches was the following:
|
Industrial branch |
1996 |
1997 |
1998 |
|
Mining |
28.8 |
35.8 |
57.4 |
|
Food industry |
6.0 |
4.2 |
4.8 |
|
Light industry |
1.9 |
1.5 |
1.7 |
|
Chemical industry |
4.6 |
5.7 |
7.9 |
|
Construction materials |
6.7 |
7.0 |
8.6 |
|
Processing |
7.3 |
8.1 |
12.0 |
|
Manufacture of machinery |
11.2 |
10.5 |
5.1 |
|
Electric energy |
4.6 |
6.8 |
7.1 |
No comparison is possible
between these figures and the rates registered in the EU Member States because
of the differences – despite the similarity of the list of occupational diseases
since 1996 – in the definition of diseases, in the system of examination and
approval of claims following notification, and in compensation.
From among the occupational diseases frequently notified
in Hungary, hearing impairment caused by noise is also the first on the list in
the EU Member States, followed by infectious diseases and skin diseases of
occupational origin; on the other hand, occupational asthma and
musculo-skeletal diseases attributable to ergonomic factors are rarely notified
in Hungary, probably because neither of these diseases (disease groups) are
compensated.
Some occupational diseases can be effectively prevented
through monitoring increased exposures. Increased exposure is not a disease
yet, just an indication of increased risk. If the employer takes measures at
this stage, occupational diseases can be avoided. Hungary was the first country
in the world to set up a legal requirement in 1981 for the notification of
increased exposures.
Notified cases of increased
exposure per 10,000 employees were the following:
|
Year |
Number of cases |
Cases per 10,000 employees |
Number of employees |
|
1996 |
958 |
4.0 |
2,365,000 |
|
1997 |
1161 |
4.8 |
2,402,000 |
|
1998 |
1156 |
4.9 |
2,351,000 |
No comparison is possible
between these data and the situation in the EU Member States because the
requirement of Directive 98/24/EU for a similar notification system will come
into effect only in 2002.
2.6. The legal regulation of occupational
safety and health
a) The legal regulation of
occupational safety and health and its institutions is based primarily on the
Constitution of the Republic of Hungary and the Labour Protection Act (Act
XCIII of 1993). Act CLIV of 1997 on Public Health, Act XI of 1991 on the
National Public Health Service, and Act XLVIII of 1993 on Mining also have a
special importance for occupational safety and health. The role of the State is
of a primary importance because of its functions. Control by the State is
bifold: functional regulation throughout the national economy, and branch
regulation for certain branches or activities.
b) The system of legal regulation
of occupational safety and health is almost fully harmonized with the acquis
of European Union; harmonization will be completed in 2002.
c) Most of the important
international occupational safety and health conventions, with a few
exceptions, have been ratified by Hungary.
2.7. Public bodies for occupational safety and
health
a) According to the Act on Labour
Protection, functions of the State in this respect are the responsibility of
Parliament and the Government; the Minister of Social and Family Affairs and
the Hungarian Labour Inspectorate (OMMF) under his/her supervision; the Minister
of Health and the National Public Health Service (ÁNTSZ) under his/her
supervision; and the Minister of Economy and the Hungarian Mining Office under
his/her supervision. With regard to safety, there is also an important role
played by the Technical Supervisory Authority under the supervision of the
Minister of Economy. With regard to the armed forces and bodies, supervision
and control of occupational safety and health is exercised by the competent
minister.
b) Legal regulation treats the two
traditional pillars of safety and health within one integrated approach. The
executive authorities responsible for supervision and control, on the other
hand, are separated. Enforcement is performed by the three distinct
organizations of ÁNTSZ [the Public Health Service], OMMF [the Labour
Inspectorate] and MBH [the Mining Authority]. These authorities, in accordance
with the different occupational safety or health requirements under their
control, necessarily have different priorities, inspection targets, and working
methods.
2.8. Representation and
reconciliation of interests in occupational safety and health
Institutions for the representation and reconciliation
of interests in occupational safety and health have been functioning at national
and enterprise level since the Labour Protection Act came into effect[4].
At the national level, the tripartite national Labour Protection Committee
established by the Act has broad rights, working under its own rules of
procedure. The Committee has no separate resources for its work. Its operation
has been perceived to be dysfunctional in some recent cases when a few
departmental decrees bypassed the Committee, partly because of the accelerated
EU harmonization process.
At the enterprise level, employees have a statutory
right since 1994 to elect workplace safety and health representatives. This
institution has been growing steadily, particularly in workplaces where trade
unions have contributed in stimulating a demand for the institutionalized representation
of interests in occupational safety and health. The proper functioning and
protection of the representatives is guaranteed by law.
3. Strategic
Principles
The strategy of the Program is based on the realization
of the following coequal and interconnected principles:
3.1. The principle of sustainable development
Modernization, the growth of performance and
productivity in manufacture and in services should only be pursued in a
sustainable manner. Economic development should not exploit human resources in
such a manner and to such a degree that the resulting deficiencies could impede
further development. Consequently, measures taken to protect safety and health
at work and to minimize workplace risks are strategic elements of sustainable
development, protecting human resources.
3.2. The principle of prudence
The increasing diversity of work activities, the
utilization of new and more complex production systems and technologies lead to
more and higher risks. In every case when the possibility of serious or
irreversible impairment to health cannot be excluded, risks should be minimized
by applying the principle of prudence: when in doubt, prepare for the worst
possible outcome and for the highest conceivable risks and their prevention or
management. Typical examples are the risks arising from dangerous chemicals,
biological hazards and nuclear technologies.
3.3. The principle of prevention
Sustainable development and the reduction of risks to
socially acceptable levels requires the operation of the fundamental principle
of prevention: occupational safety and health in every area and at every level
should aim chiefly at the timely prevention of hazards as opposed to the
subsequent management of their effects, in order to effectively protect human
life, safety and health. At the same time occupational safety and health should
support technological development and the propagation of environment-friendly
products.
3.4. The principle of partnership
The
establishment and functioning of modern occupational safety and health needs an
establishment of partnerships among all actors involved, each of whom should
create suitable conditions for the others to be able to perform their duties in
cooperation. This partnership, while based on precisely demarcated responsibilities,
should involve the efficient and continuous cooperation of government bodies
and authorities and the representative organizations of employers and employees
as well as the related areas connected to occupational safety and health and
the world of work, such as fire protection, environmental protection, technical
safety, public health, social security, standardization, product safety,
consumer protection etc.
4. Strategic
Goals
4.1. As a strategic goal of occupational safety and
health it should be ensured that short-term
and long-term risks at work do not exceed socially acceptable levels. For this
purpose, government regulation and control should be used to help establish the
conditions for safe and healthy work.
4.2. To reach this strategic goal it is necessary –
-
to eliminate existing unfavourable working conditions or
to reduce their effects;
-
to prevent the reproduction of unfavourable working
conditions;
-
to identify and prevent new hazards and risks arising in
the world of work with technical, economic and social change.
4.3. It is an essential public
economic interest –
-
to reduce the number and severity of occupational
accidents;
-
to reduce the extent and severity of ill-health caused
by or related to work or the working environment;
-
to establish a working environment conducive to physical
and psycho-social well-being.
5. Actions
To Reach The Goals
5.1. Employers should have a more direct financial stake
in safety and health at work. For this purpose –
a) a separate insurance system [branch]
should be established for occupational accidents and diseases;
b) within this separate insurance
system, a graded system of premiums should be established where contributions, based
on an appropriate hazard (risk) classification, will be proportional to risks
at work and will also depend on the incidence of occupational accidents and
diseases.
5.2. Once the separate insurance
system is established and operational,
a) occupational safety and health
requirements and the insurance system should be extended with appropriate
differentiation to cover the self-employed [one-person enterprises];
b) the compensation system of
occupational diseases should be modified. Currently, approximately one-third of
notifiable occupational diseases are classified as compensable. This leads to
an unreasonable and professionally unjustified discrimination between the two
kinds of occupational diseases, non-compensable ones often remaining
unreported.
5.3. Within the area of
occupational safety and health, there is a need for –
a) a full and ongoing harmonization
of legislation with the European Union,
b) conformity between international
instruments and domestic regulations,
c) internal consistence of domestic
legislation within occupational safety and health as well as between
occupational safety and health and related areas,
d) a revision and correction, if
necessary, of the legislation in every five years.
5.4. To improve the protection
of the safety and health of people at work it is necessary, in the long run –
a) to increase the
multidisciplinary character and to improve the professional standard of
occupational health services; an essential condition for this is high-standard
training and retraining and the creation of an effective quality assurance
system;
b) to create an efficient system
of cooperation between occupational health services and family physicians to
improve the detection of work-related ill-health, and to follow the later
history of workers suffering occupational diseases or increased exposures;
c) to base the work of
governmental occupational safety and health inspection and of occupational
health services primarily on accredited laboratories;
d) to create a national register
of risks and hazards related to work and the working environment in order to
improve the effectiveness of prevention and to stimulate risk management;
e) to strengthen the institutional
capacity for research in occupational safety and health;
f) taking into account the
Hungarian occupational safety and health situation, regularly to review and
determine the areas where, after establishing priorities, epidemiological
studies are needed, and to launch short- and medium-term occupational safety
and health research programs aimed at the prevention of occupational diseases;
g) to create a complex and
efficient system of occupational rehabilitation to utilize the remaining
working capacity of employees. In order to stimulate the further employment of
unemployed people with changed abilities, there is a need to create cooperation
between occupational health services and public employment services.
5.5. Measures should be taken to
improve the system of occupational safety and health education and training.
There is a need, in particular –
a) to review the implementation
educational requirements of occupational safety and health in the everyday
practice of higher education, and to take the necessary measures to give proper
emphasis to occupational safety and health,
b) to improve the education,
training and retraining of occupational health professionals and to perfect
education methods including up-to-date training for specialist doctors and
nurses, occupational hygienists and occupational health inspectors,
c) to establish a system of
systemic education for persons with intermediate or higher certificates in
occupational safety and health to offer them a chance of professional
graduation, with the concurrent revision of occupational safety and health
curricula,
d) to maintain present
postgraduate training schemes while reinforcing their character and revising
their occupational safety and health curricula,
e) to develop schemes whereby
persons with secondary-school education and outstanding professional experience
could obtain a professional degree by meeting well-defined requirements,
f) to support the further training
of professionals in safety and health and occupational health care.
5.6. In order to ensure that short-term and long-term risks at work do not exceed
socially acceptable levels, there is a need –
a) to reduce risks related to the
production, transport, handling and elimination of dangerous chemicals and
preparations (including pesticides), chiefly by information, supervision and
registration (notification, registry of dangerous chemicals etc.) and risk
evaluation;
b) to improve primary prevention
and to reduce workplace exposure, primarily of human carcinogens (including
asbestos and vinyl chloride monomer), allergens and noise;
c) to improve the registration of occupational
diseases by ensuring notification, investigation and proper actions for new
types of illnesses (non-optimal stress, increased mental stress, backaches
etc.);
d) to give priority to the
registration of certain work-related illnesses (principally respiratory,
circulatory and neuro-psychiatric diseases) within the epidemiological
registration of non-infectious diseases to support prevention;
e) to improve safety at work on
construction sites, in assembly work and in maintenance, particularly by technical
safeguards, education and training, work organization, increased supervision,
advice and awareness campaigns;
f) to increase preventative
activities against fatal accidents caused by toxic gases or asphyxiation;
g) to reduce the special risks of
small or one-person enterprises and small farming by –
- education and training,
- media programs,
- operating an advisory network,
- creating and operating
sector-specific health protection programs.
5.7. There is a need to review
the legitimacy of extra payments connected to workplace safety and health and,
without injury to the rights of the workers involved, consistently to apply the
principle that compliance with the requirements of safety and health at work
shall not be redeemed, replaced or compensated by money or other means by the
employer.[5]
5.8. For the implementation of
the Program in practice it is necessary –
a) to create a public information
system of occupational safety and health, with special regard to small and
medium-sized enterprises, to provide quick, relevant, professional and
inexpensive information on safety and health at work to workers and employers;
b) to provide complex
multidisciplinary information on safety and health at work to middle and senior
management with a view to prevention;
c) to support occupational safety
and health research and development from public resources;
d) in budgetary planning to
separate occupational safety and health tasks within the elementary budgets of
ministries and other governmental bodies at the national level.
5.9. In order to raise the level
and improve the efficiency of governmental supervision there is a need to
increase labour inspection capacity both in occupational safety and in
occupational health; to ensure the material conditions necessary for modern
labour inspection; to create a governmental information system suitable for the
registration and monitoring of working conditions and risks; and to improve the
professional training, retraining and systemic cooperation of inspectors.
5.10. Financing of the tasks
under the Program should include, in addition to the national budget –
a) a designated proportion of the
Labour Market Fund, the Health Insurance Fund and the Pension Insurance Fund;
b) international assistance;
c) other, earmarked budgetary supports
and tendered resources;
d) support from civil
organizations.
5.11.
The election of safety and health representatives should be facilitated; their
training, continuous information and legal protection under labour law should be
ensured. A review should be made to examine whether there is any professional
justification for making the election of safety and health representatives
mandatory at employers with more than 50 employees.
Act XCIII of 1993 on Labor Safety
The Hungarian National Program of Occupational
Safety and Health
SYSTEM
OF OCCUPATIONAL SAFETY AND HEALTH LEGISLATION
LAWS
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CONSTITUTION Act No.
XX./1949, 66.§ (3), 70 / D. § Act No
XCIII./1993 on Occupational Safety (MvT) Act No
XXV/2000 on chemical safety; 20/2001 (III.30) O.GY.h. M.O.P. |
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GOVERNMETAL ORDERS |
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Governmental
Order No 89/1995. (VII. 14.) Korm. on Occupational Health Services No 102/1996 (VII.12.) Korm on hazardous wastes No 9/1995 (III.3.) Korm on official qualification |
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DEPARTMENTAL ORDERS |
Orders of the |
Orders of the Ministry of Public
Welfare (Health) |
Orders of Sectoral Departments |
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Law enforcement No 5/1993. (XII.26.) MüM on some special regulations of MVT No 2/1996. (II.21.) MüM on utilization of fines imposed by
reason of occupational safety No 2/1995. (I. 6.) MüM on the issue of PPE No 9/1996. (XII. 20.) MüM on the supervision of workforce
related organizations No 2/1998. (I.16.) MüM on occupational safety and health signs No 8/1998 (III.31.) MüM on minimum OSH No 7/1999 (XI.3) SZCSM on designation of PPE tests Qualifying in No 7/1993. (XII..30.) MüM on the National Registry of OSH
Qualifications (OKJ) No 6/1994. (VIII.31:) MüM on qualification of the OSH
technicians No 6/1995. (XII.15.) MüM on the OSH managers with university
degree [–
on the qualification of OSH technicians of high school degree – in this part
set aside by OKJ: No 12/1996.
(XII. 29.) MüM] No 10/1997 (V.13.) MüM on foundation of the National Training
and Extension-Training of Labour Safety Ltd. No 5/2000 (V.16.) SZCSM on auditing organizations |
No 27/1995. (VII.25.) NM about Occupational Health Services [amendment: No
44/1995. (XII.7.) NM] No 27/1996. (VIII.28.)
NM on reporting and investigation of
occupational diseases and overexposures. No
33/1998 (VI.24.) on
job, professional and medical attitude test and oppinion 8/1982. (VII.13.)
EüM on work fitness examination and health service of employees working
abroad No 25/1998 (XII.27.)
EüM on manual material handling No 2/1983. (II.14.)
EüM on providing workers with skin protecting preparations No 12/2001 (V.4)
KöM-EüM on hazard evaluation of chemicals No 25/1996. (VIII.28.)
NM on general health requirements of works and working conditions, not
exposing workers’ health to danger. No 65/1999 (XII.22.)
EüM on the use of PPE No 18/2001 (IV.28.)
EüM on noice protection No 26/1996.
(VIII.28.) NM on limitation of (daily, weekly) period of exposure of the
employees, working under conditons, exposing workers to health risks No 44/2000 (XII.27.)
EüM on detailed rules of some methods and activities related to No 50/1999 (XI.3.)
EüM on minimum requirements of working with VDU No 61/1999 (XII.1.)
EüM on protection of workers exposed to biological agents No 25/2000 (IX.30.)
EüM-SZCSM on chemical safetyat the workplace No 26/2000 (IX.30.)
EüM on protection against carcinogenes |
Different
legislation according to § 9. (3) MVT [eg. Act No
XLIII/1996, Order No 6/1996. (VII.12.) IM] 21/2000 (VIII.18.) HM r. 2/1999 (I.11.) IM r. 15/2000 (V.26.) BM |
Safety Code of
Practices Material handling [2/1972
(I.25.) KPM (IV)] Forestry Order of Ministry
of Agriculture and Food [15/1989. (X.8.) MÉM] Railway service, Railway
building and maintenance, Motor car
service, Works in shipping [17/1993. (VII.1.) KHVM] Welding [31/1994. (XI.10.) IKM] Construction Industry [32/1994. (XI.10.) IKM ] Trade and catering trade [30/1995. (VII.25.) IKM] Industrial alpine climbing
technique [1/1995.
(I.6.) MüM] Assembly works in iron and
metal industry. [31/1995.
(VII.25.) IKM] Water management [19/1995
(XII.7.) KHVM] Dramatic art [35/1997
(XII.5.)MKM Hoists [47/1999. (VIII.4.) GM] Television and cinema
[12/2000 (VI.15.) NKÖM] Agriculture [16/2001
(III.3.) FVM] Mines [4/2001 (II.23.) GM] Working on sea fishing
vessels [4/2001 (IX.26.) SZCSM-EüM] |
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Legally binding national standards (other legal means of state control) |
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Ministerial orders on the obligatory |
No 27/1994.
(IX.29.) KHVM [amendment: No
31/1996. (XII.22.) KHVM] No 30/1994.
(X.6.) KTM No 54/1994.
(X.19.) FM [amendment: No
8/1996. (II.23.) FM] [amendment:
36/1996. (XII.11.) FM-NM-IKM] |
No 9/1996. (VIII.2.)
HM No 21/1994. (XI.23.)
NM No 30/1994. (XI.8.) IKM No 1/1995. (II.10.)
BM |
[No 63/1996.
(V.3.) Korm.-on military issues-] [amendment: No
5/1996. (II.27.) NM ] [amendment: No
45/1995. (IX.21.) IKM, No 3/1996. (II.9.), No IKM, 28/1996. (VI.7.) IKM, No 43/1996. (IX.4.) IKM] |
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REGULATION ON EMPLOYER’S LEVEL (PPE, emergency plans, OSH
rules, work practices.) |
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Act XCIII of 1993 on Labor Safety
The Hungarian National Program of Occupational Safety and
Health