Act No. 88/2016 Coll., which, inter alia, amends the Workplace Health and Safety Act, entered into force on 1 May 2016.
The amendment primarily affects builders, building clients (e.g. customers, contractors) and other entities such as real estate investors. It also imposes new "stricter" obligations for the categories of "persons with professional competence" and "workplace health and safety coordinators".
What specifically is going to change?
The WHS coordinator will prepare the WHS plan for a building site
The building site WHS plan will no longer be prepared by the building client, but directly by the WHS coordinator. The amendment also specifies the content of the WHS plan, which must be regularly updated and adapted to reflect the current situation (or any changes) in the course of the building work.
Stages of construction at which a WHS coordinator must be designated are specified
The law newly specifies the stages of construction at which a WHS coordinator must be designated. While building preparations are underway, a WHS coordinator must be designated at the building site from the time the project documentation work begins until the time the documentation is conveyed to the building client. While the building is under construction, a coordinator must be designated from the time the first contractor takes over the building site until the time the finished building is handed over to the client. The coordinator may be the same person in both cases.
Who may not be a WHS coordinator and other changes
The coordinator may no longer be a contractor or its employee or another individual involved in a professional capacity in construction of the building; thus, the earlier more general exclusion of "a person managing construction of the building" is made more precise.
The amendment stipulates new qualification requirements for a person with professional competence and a WHS coordinator and a new obligation pertaining to the evidencing of contractual relations between persons with professional competence or WHS coordinators and clients and other documentation (the obligation to document chronologically and in writing all executed contracts pertaining to their activity).