How to avoid fines for OSH, fire protection and occupational health

How to avoid fines for OSH, fire protection and occupational health

Three different authorities can inspect an employer in Slovakia: the labour inspectorate, the fire service (regional or district directorate of the Fire and Rescue Service) and the regional public health authority. Each checks a different set of obligations and each can impose its own fine.

How much a fine can cost

OSH, labour inspectorate. Up to €100,000 for the employer. If the breach led to a workplace accident causing serious harm to health, at least €20,000; for a fatal accident, at least €33,000 (Section 19(1)(a) of Act No 125/2006 Coll.). A manager or statutory body who caused the breach can be fined up to four times their average monthly earnings (Section 19(1)(c)).

Fire protection, fire service. Up to €8,298, for example for not carrying out preventive fire inspections, for missing fire protection training of employees or for missing documentation (Section 59(1)(a), (h) and (l) of Act No 314/2001 Coll.). Up to €16,596 for unchecked fire protection equipment or for unmarked and blocked escape routes (Section 59(2)(a) and (d)). If the same breach is repeated within three years, the fine can be doubled (Section 59(5)).

Occupational health service, public health authority. From €150 to €20,000, for example for a missing risk assessment with categorisation of work or for not assessing employees' medical fitness for work (Section 57(22)(b) and (d) and Section 57(43)(a) of Act No 355/2007 Coll.). For a repeated breach, up to double (Section 57(44)).

What the inspector wants to see

OSH

• a written risk assessment covering all activities performed by employees (Section 6(1)(c) of Act No 124/2006 Coll.),
• a safety technical service in place (Section 21(3) of Act No 124/2006 Coll.),
• records showing that every employee was demonstrably familiarised with the regulations and risks of their work (Section 7(1)),
• an internal rule on familiarisation under which it is repeated at least once every three years, unless a specific regulation sets a shorter period (Section 7(5)).

Fire protection

• fire protection documentation that matches the actual situation (Section 59(1)(l) of Act No 314/2001 Coll.),
• training of employees once every 24 months and of persons providing fire protection outside working hours once every 12 months (Section 21(1) of Decree No 121/2002 Coll.),
• preventive fire inspections every six months where only administrative work is done and every three months in other premises (Section 14(1)(b) and (c) of Decree No 121/2002 Coll.),
• checked fire extinguishers and hydrants and clear, marked escape routes (Section 59(2)(a) and (d) of Act No 314/2001 Coll.).

Occupational health service

• a risk assessment with categorisation of work prepared together with the occupational health service through the electronic system of the public health authorities (Section 30(1)(b) of Act No 355/2007 Coll.),
• assessment of employees' medical fitness for work (Section 30(1)(f)),
• medical fitness reports kept on file (Section 30(1)(h)).

Where companies most often run into trouble

The risk assessment was written when the company was set up and nobody has opened it since. A new activity, machine or site has been added in the meantime, so the document no longer covers all activities as Section 6(1)(c) requires.

The training took place, but the employee's signature is missing. The law requires familiarisation to be demonstrable, so without a record it is hard to prove during an inspection.

Inspections and checks are done "when there is time". The periods in Section 14 of Decree No 121/2002 Coll. are fixed and a missed inspection is a reason for a fine on its own.

How to prepare for an inspection

Once a year, go through all three areas using the lists above and note the date each obligation was last met and when it is next due. With every change in your operation (new employee, new activity, new premises), check that the risk assessment, the fire protection documentation and the occupational health risk assessment cover it.

What we do for you

At BEXPO we provide the safety technical service under authorisation No BTS-0032/19 issued by the National Labour Inspectorate. We prepare and update OSH and fire protection documentation, carry out fire inspections and training, arrange the occupational health service and keep track of all deadlines for you. Employees can also complete training through e-learning. The OSH and fire protection package costs from €24.95 per month excluding VAT.

More about our services: OSH, fire protection, occupational health service, inspection of fire extinguishers and hydrants. Build a price for your company in the online quote.