Applicable legislation for OSH for self-employed persons.

Occupational safety and health (OSH) is in a practical approach a set of technical, organizational and educational measures that in a proper implementation will create the conditions to reduce the likelihood of danger or harm to human health to a minimum. In the Czech Republic the major regulation in the field of OSH is Labor Code, which lists the requirements for both the employer and employee. Another important regulation is Act no. 309/2006 Coll., on ensuring other conditions of OSH.

Even a self-employed person has to work in the field of OSH with an applicable Czech legislation. If someone works as a self-employed person, then is covered by the provisions of Part Two of Act no. 309/2006 Coll., which is specifying requirements for ensuring OSH in activities or providing services outside labor relations. In the Labor Code (LC) a self-employed person isn’t precisely defined. Information about self-employed persons in the Act no. 309/2006 Coll., where are stated services outside labor relations that divide a self-employed person into four categories. Further there will be described only two categories of self-employed persons: – an employer who is a natural person and he also works (self-employment with employees) – a natural person who operates self-employment (self-employment without employees).

Categories of self-employed persons:

1) Self-employed persons without employees

Self-employed persons without employees have the situation easier in terms of occupational health and safety. They are responsible for compliance with OSH only to themselves. However, they aren’t deprived of their obligation to comply with requirements of OSH regulations, particularly of the Labor Code and Act no. 309/2006 Coll., on securing other conditions for safety and health at work.

2) Self-employed persons with employees

Self-employed persons with employees have the same obligations in the field of OSH as an employing legal entity. Self-employed persons employing employees is obliged to fulfill the same requirements under the applicable legislation, as is the case for employing entities. Their conditions for ensuring OSH derive primarily from the Labor Code, from law no. 309/2006 Coll. and Government Decree no. 591/2006 Coll., on detailed minimum requirements for occupational safety and health on construction sites.