XCIII of 1993 law about labor protection The personal, material and organizational conditions of safe and non-health-threatening work in order to protect the health and working ability of organized workers and to humanize working conditions, thereby preventing work accidents and occupational diseases, the duties, rights and rights of the state, employers and employees defining its duties, the Parliament creates the following law: Chapter I GENERAL PROVISIONS § 1 (1) In the application of this law, occupational health and safety: occupational safety and occupational health requirements for organized work, as well as the system of legislative, organizational and institutional regulations for the realization of the purpose of this law, as well as their implementation. Occupational health includes the fields of occupational hygiene and occupational health. (2) People working in Hungary have the right to safe and healthy working conditions. Basic principles § 2 (1) The state — in consultation with the representative bodies of employees and employers — determines the basic requirements for safe and non-threatening work, the management and control institutions, and establishes the regulations relating to the protection of health, the ability to perform work, occupational safety and the working environment its national policy, the implementation of which is periodically reviewed. (2) The employer is responsible for implementing the requirements for safe and health-free work. The occupational health and safety obligations of employees do not affect the responsibility of the employer. The costs and other burdens arising in connection with the performance of the employer's duties must not be passed on to the employee. (3) The method of implementing the requirements of safe and non-hazardous work — within the framework of legislation and standards — is determined by the employer. (4) The employer is responsible for ensuring that all employees can learn the rules for safe and health-free work in a language they understand. § 3. The observance of the rules for safe and non-health-threatening work is supported and controlled by the state with its supervisory bodies established for this purpose. § 4. The rules for safe and non-health-threatening work must be defined in such a way that their implementation provides adequate protection not only for the employees , but also for those staying within the scope of the work and the users of the service. The work tools must be designed in such a way that, if possible, accidents and health damage are excluded even when used as intended in the context of unorganized work. § 5. This law ensures the reconciliation of interests related to occupational health and safety, as well as the protection of occupational health and safety interests of employees, defining the rights and obligations of occupational health and safety representatives, without affecting the representation of employee interests in other legislation - especially in Act I of 2012 on the Labor Code (hereinafter: Mt .) , regulated in the Act on Civil Service Officials, Government Administration, the Legal Status of Civil Servants, and the Legal Status of Persons in a Health Care Service Relationship. § 6. Employers and employees, as well as state bodies, must cooperate in exercising the rights and fulfilling the obligations specified in this law and other rules on labor protection. § 7 During all procedures related to occupational health and safety, the protection of data (personal, special and public interest data, classified data, company and business secrets) must be ensured in accordance with the relevant legislation. The data can be used for statistical purposes and for the purpose of statistical use - Art. 83/B. with the exception established in § - they can be transferred in a way that is not suitable for personal identification. § 8 Legislation may classify certain tasks as professional occupational safety activities or occupational health professional activities. The employer can only have the tasks classified as work safety specialist activities carried out by a person with a professional qualification in occupational safety defined in a separate law – mining in the field of mining – and tasks classified as occupational health specialist activities in occupational health [occupational medicine (industrial medicine), occupational hygiene, public health-epidemiology, preventive medicine and public health]. Scope of the Act Section 9 (1) The scope of the law — with the exceptions established in paragraphs (2)—(3) — covers all organized work, regardless of its organizational or ownership form. (2) The specific provisions of the Act (Sections 26/A., 28., 32, 40, 44 and 45) must also be applied to persons staying within the scope of work (passer-by, visitor, user of services, etc.). (3) In the event of extraordinary working conditions (e.g. rescue, disaster response activities), or for work activities carried out in the legal relationship for work at the law enforcement agencies, the Parliamentary Guard, civil national security services, disaster management agencies, in the service relationship, in the role of fiscal inspector at the National Tax and Customs Office special legislation issued by the minister concerned in his responsibilities – the minister responsible for policing in the case of the Parliamentary Guard – may establish different requirements and procedural rules regarding safe and non-health-threatening work, taking into account this law, in exceptionally justified cases. (4) The minister responsible for national defense at the national defense organizations, at vocational training institutions under the maintenance management of the minister responsible for national defense that do not qualify as national defense organizations, in the asset management of the ministry led by the minister responsible for national defense or on property used by the national defense organization based on another legal relationship, organized in the interest of national defense for work activities carried out within the framework of organized work at an organization carrying out work, under the authority of the minister responsible for national defense, at economic companies designated by ministerial decree on the basis of the law on national defense and the Hungarian Armed Forces, and on measures that can be introduced in a special legal order, in the case of extraordinary working conditions - taking this law into account, exceptionally in justified cases - it can establish different requirements and procedural rules regarding safe and non-hazardous work. § 10. The provisions of § 9 apply to work in Hungary, including in the customs-free zone, unless otherwise stipulated by law, international treaty or, in the absence of the latter, the rules of private international law. [Mvt. 10. §] Rules on labor protection § 11. The basic rules of occupational health and safety are contained in this law, and the detailed rules are contained in the regulations issued by the minister responsible for employment policy on the basis of the authority of this law and other laws, and the regulations (hereinafter: Regulations) put into effect by the decree of the minister concerned in his area of responsibility for certain hazardous activities. Taking into account the Act on National Standardization, a national standard with occupational safety content entirely in Hungarian is considered an occupational safety and health rule. § 12 The provision of the employer according to § 2, paragraph (3) is also considered as a rule regarding occupational health and safety. II. Chapter LABOR PROTECTION TASKS OF THE STATE AND BODIES RESPONSIBLE FOR IMPLEMENTATION Duties of the state § 13. The task of the state is to manage occupational safety and health and to organize occupational safety and health through the provision of sectoral and official activities. § 14. (1) In the framework of the management of labor protection, it is a state task a) the development of the national policy of labor protection; b) defining the basic requirements for safe and non-health-threatening work, as well as the related rights and obligations; c) facilitating the implementation of occupational health and safety regulations, especially through economic regulation that also serves the purposes of this law, creating interest, creating the financial conditions for occupational health and safety research of national economic importance, providing information and enlightenment; d) definition of knowledge material on safe living in the field of upbringing and education, rules of non-health-threatening and safe work in the field of professional education; e) annual review of the occupational health and safety situation of the national economy, summarizing the findings in a report, establishing and operating the occupational health and safety information system. (2) The state participates in the work of international organizations involved in labor protection, cooperates with other states in order to coordinate labor protection tasks, reports on the implementation of community rules affecting the safety and health of workers. (3) The state implements its tasks in paragraphs (1) and (2) in cooperation with the representative bodies of employees and employers. (4) The minister responsible for employment policy shall publish the report on the occupational health and safety situation of the national economy by September 30 of the year following the relevant year. § 15. In the framework of the sectoral activity of labor protection, it is a state task a) Issuance of regulations; b) in accordance with the national policy of occupational safety and health, sectoral occupational safety research and development, as well as information and participation in the organization of continuing education. § 16. In the framework of the state's official activity, in the procedural order according to the Act on the General Rules of the Public Administrative Authority Procedure - VII. As defined in Chapter – a) promotes and controls the implementation of the rules on occupational health and safety, b) provides authorization and registration in accordance with this Act, the decree of the Minister responsible for employment policy and separate legislation. Bodies responsible for the implementation of state tasks § 17 (1) The minister responsible for employment policy and mining affairs and the occupational safety and health authority perform tasks related to the management of occupational safety and health at the level of the national economy. (2) Pursuant to a separate law, the mine supervision also performs occupational safety authority tasks. (3) In the performance of their duties, state bodies with authority in the management and official activities of occupational health and safety shall cooperate with each other, as well as with public administrative bodies, and the representative bodies of employers and employees. (4) The sectoral tasks of occupational health and safety are carried out by the minister concerned in his responsibilities. III. Chapter FOR HEALTH-FREE AND SAFE WORK General requirements § 18. (1) The planning, construction, commissioning and operation of workplaces, facilities, technology, as well as the production, production, storage, movement, transport, use, distribution, importation and operation of work tools, materials, energy, personal protective equipment in the rules on occupational safety defined, in the absence of these, it can be done by keeping the requirements expected in addition to the scientific and technical standard. (2) Instead of fulfilling the requirements of safe and non-threatening work, the employer may not give the employee monetary or other compensation. (3) Work equipment may only be put into operation and put into use if it meets the requirements for safe and non-threatening work and has an EC declaration of conformity specified in a separate law for the given work equipment as a product, or other documents certifying compliance (e.g. certificate). (4) Personal protective equipment may be put on the market or put into use if it has an EC declaration of conformity for personal protective equipment or an EC type certificate for personal protective equipment. Certification of the adequacy of personal protective equipment must be carried out in accordance with the regulations of the minister responsible for employment policy. (5) (6) If a separate law requires the commissioning of certain work equipment with an official permit, this official permit is equivalent to the certificate of conformity according to paragraph (3). Establishment requirements § 19. (1) Enforcement of occupational health and safety requirements during construction is the task of those involved in the construction, and they must cooperate in fulfilling it. (2) (3) During the design and installation of workplaces and work tools, as well as the organization of work, ergonomic aspects must also be taken into account. (4) When establishing workplaces where employees with limited mobility or other physical disabilities are employed, the physical environment must adapt to the changed characteristics of the human body. Section 20 Occupational safety commissioning § 21 (1) The operating employer orders the operation of the hazardous facility, workplace, work equipment, and technology in writing (hereinafter: occupational safety commissioning). (2) For the purposes of Section 21, hazardous work equipment is defined as work equipment under Section 87, Section 11, or in the decree of the minister responsible for employment policy, as well as under official supervision. (3) The condition for occupational health and safety commissioning is a preliminary examination from an occupational health and safety point of view. The purpose of this inspection is to establish that the facility, the workplace, the work equipment, and the technology meet the physical, personal, organizational, and working environment conditions necessary for safe and health-free work, and fulfill the requirements of § 18, paragraph (1). Carrying out the examination is considered an occupational safety and health professional activity. (4) During the preliminary inspection, it must be checked in particular whether the declarations of the installers (designer, contractor), the measurement results proving the satisfaction of occupational safety requirements, the declarations of conformity for the work equipment, certificates, the necessary official permits, the necessary for operation are available instructions. (5) The condition for putting into operation certain hazardous work equipment specified in the decree of the minister responsible for employment policy is also an inspection report issued by an accredited organization based on the compliance test of the given work equipment and containing the results of the test. (6) With the exception of the condition regarding the declaration of conformity, the provisions prescribed in paragraphs (3)–(4) shall also be applied in the case of restarting or relocation of dangerous work equipment and technology. (7) If the dangerous work equipment or technology is operated on a trial or experimental basis, the risks of trial or experimental operation must also be taken into account during the commissioning procedure. The trial or experimental operation of dangerous work equipment and technology may only take place after conducting preliminary tests independent of the trial or experimental operation in accordance with paragraph (3). This kind of operation cannot exceed 180 days. Section 22 Material conditions of employment Section 23 (1) In order to maintain a safe technical condition, hazardous technology and hazardous work equipment defined in Section 21 (2) must be subject to periodic safety inspections, as well as equipment whose periodic safety inspections are required by legislation, standards, or and is required by the documentation for safe operation and use. The periodic safety review - except in the case of dangerous technology - can be carried out by a person with specialized training and occupational safety qualification (occupational safety specialist activity) or by a person authorized to do so by separate legislation, or by an accredited institution. The examination of dangerous technology can be carried out by a person with a specialized work safety expert license. (2) The operating employer must check the workplace, personal protective equipment, work equipment, and technology out of sequence, a) if it directly endangered the health and safety of the employee during its intended use, or an occupational accident occurred in connection with this, or b) in the event of extraordinary circumstances (in particular conversion, accident, natural phenomena or a period of non-use exceeding 30 days due to technical reasons). The operation and use of the workplace, personal protective equipment, work equipment, and technology must be prohibited until the inspection is completed. Carrying out the inspection - depending on the nature of the risk - is classified as an occupational safety and health professional activity. (3) The minister responsible for employment policy - in agreement with the minister responsible for health - determines the minimum level of occupational health and safety requirements for work equipment and workplaces, including occupational health and safety rules for temporary or changing construction sites. § 24 It must be provided for all employees a) adequate quantity of drinking water of a quality that meets health standards; b) according to the nature of the workplace and the work, the possibility of dressing, cleaning, health, eating, resting and warming up. § 25. In accordance with the nature of the workplace and the work, it is necessary to ensure order, cleanliness, and the treatment of pollutants, waste water, and waste generated in such a way that they do not cause danger or damage to health and do not damage the environment. § 26 Signaling and alarm equipment suitable for the number of employees and the nature of the danger must be provided at the workplace. 26/A. § At workplaces where the nature of the danger justifies it, safety and health protection signs must be used to protect employees and those within the scope of work. The detailed rules for this are established by the minister responsible for employment policy. § 27. At the workplace, the space for movement necessary for safe work that does not endanger health must be ensured. Section 28 (1) In a workplace where there is a danger of falling or falling, or where the employee and those within the scope of work are endangered by falling objects, protection must be ensured by fencing, covering, or other suitable means. (2) The design, placement and fixing of the workplace (stand, podium, operator walkway) should correspond to the nature of the work, the expected use, enable safe work, storage of the necessary materials and tools, safe transportation, ascent and descent . § 29 The storage areas must be designed taking into account the physical, chemical and biological properties of the stored materials, their interaction with each other, as well as the effects from the environment, as well as the effects of the material on human health and the environment, as well as the method of loading, transport and storage. § 30. The energy, pipe and utility network must be able to be safely operated, managed, maintained and identifiable, the electrical installations must meet the safety (contact protection, explosion protection, etc.) requirements. § 31 The natural and artificial lighting of the workplace must meet the requirements for lighting appropriate to the nature of the work. § 32. In the workplace, noise effects and vibrations, dust and chemical substances, as well as radiation, lower or higher atmospheric pressure may not harm employees and those in the scope of work, and may not endanger the safety of work. § 33 (1) In the workplace, taking into account the number of employees, the nature of the activity and the sources of danger, a sufficient amount and quality of air and climate that does not harm health must be provided. (2) If it is technically impossible to provide the air or climate required in paragraph (1), organizational measures must be taken to protect the health of the employees, personal protective equipment must be used, and a protective drink must be provided. § 34. At the outdoor workplace — with technical solutions appropriate to the nature of the work and the working conditions, work organization, individual protection, the possibility of warming up, protective drink — it is necessary to ensure the protection of employees against the weather. § 35. (1) Only buildings of suitable structure and strength may be used as workplaces. In such a structure, delimiting surfaces, interior height, air volume, movement space, and traffic routes must be created in accordance with the requirements and nature of safe and health-free work and the resulting cleaning conditions. (2) Windows, roof lighting and ventilation equipment must be able to be opened, closed, adjusted and secured in a safe manner, and cannot be in a position that poses a danger to employees when open. (3) Doors, gates, and walls with a transparent surface must be protected against break-in and have a distinguishing sign suitable for recognizing the danger. (4) Swing doors and swing gates must be made of transparent material or provided with a transparent insert at eye level. § 36. (1) The floor and traffic routes of the workplace must meet the nature of the work and the resulting cleaning requirements, the expected maximum stress, their surface must be non- slip, even, free from tripping and tipping. The width of traffic roads and the clear height should enable the safe movement of pedestrians and vehicles, as well as safe work next to traffic roads and tracks. (2) In work and storage areas where there is pedestrian and vehicular traffic, or where material is regularly transported, traffic and material handling routes must be marked or separated from each other. (3) A separate door for pedestrians must be provided in the immediate vicinity of the gate primarily for vehicle traffic, if it is not safe for pedestrians to pass through. § 37 Exits and emergency exits, designated escape routes must be kept clear. Their number, size, placement and lighting should enable you to leave the workplace and the dangerous area quickly and safely. The use of sliding or revolving doors for emergency exits is prohibited. An emergency exit may only be closed so that it can be opened by anyone in an emergency. § 38 In those workplaces where health-free and safe work requires a smoking ban, an open-air smoking area must be designated in accordance with the provisions of the Act on the Protection of Non-Smokers and Certain Rules for the Consumption and Distribution of Tobacco Products, unless the employer declared it a non-smoking workplace according to a separate law. § 39 (1) The permanent accessory of the machine is the operating documentation in Hungarian required for its safe use, which the manufacturer, in the case of import, the importer, or, in the absence of such, the operator, must provide. (2) If an employee who does not speak Hungarian works at the given workplace, the employer is also obliged to provide operating documentation, danger, prohibition and information signs in a language understood by the employee. Requirements for the work process, technology, material § 40 (1) The work process, technology, work equipment, and material must be chosen in such a way that they do not endanger the health and safety of either the employees or those within the scope of the work. (2) In a workplace where employees employed by different employers are employed at the same time, the work must be coordinated in such a way that it does not pose a danger to the workers there or to those within the scope of the work. Within the framework of the coordination, the affected employees, their occupational health and safety representatives, and those within the scope of the work must be informed in particular about the risks affecting health and safety and the preventive measures. The employer specified in the contract by the parties is responsible for the implementation of the coordination, in the absence of such a clause, the person or organization who exercises actual control, or in the absence of this, the person who bears the main responsibility for the workplace, if there is none, then the person in whose area work is in progress. § 41. (1) Materials and products may only be moved with a device suitable for the properties of the material or product, in the designated place and manner, while observing the weight and size limits. (2) In the absence of a different provision of the Regulations (Section 11). — the order of traffic within the workplace must be established with the appropriate application of the rules of road traffic, furthermore — for the operation of the railway within the workplace, the regulations relating to railway transport are the guiding principles. For vehicles that do not participate in public traffic, the regulations on the technical conditions for keeping vehicles in operation must be applied accordingly. § 42 In order to prevent hazards and reduce their harmful effects in the case of dangerous work processes and technologies a) the sources of danger and the way to protect against them, the conditions for safe and non- health-threatening work must be explained to the employees concerned, both in terms of the workplace as a whole and individual work processes, including the provisions of § 40, paragraph (2); b) personal protective equipment that provides protection against sources of danger must be defined, employees must be provided with them, employees must be trained in their proper use and the proper use of personal protective equipment must be required; c) depending on the characteristics of the workplace, the work tools, the physical and chemical properties of the materials, and the number of employees, the workplaces must be equipped with appropriate means to fight fires and, if necessary, they must also be equipped with fire alarms and alarm systems; against sources of danger, safety equipment and devices, signaling, fire extinguishers, rescue devices, emergency switches, safety lighting (hereinafter: safety equipment) must be kept in a functional condition suitable for their intended use; d) it must be ensured that in the event of a serious and immediate threat to the health or safety of the employees, the affected employees are immediately informed of this, stop work and immediately leave the workplace and leave for a safe place; e) rescue and escape must be practiced at intervals specified in the Regulations (§ 11) or required by the danger; f) care must be taken to carry out occupational health examinations related to workplace pathological factors regulated by permissible values. § 43. The execution of certain work processes may be subject to a permit by law. § 44 (1) In the case of work processes in which the employee may be exposed to the influence of a source of danger, effective protection - unless otherwise provided by separate legislation - is provided by the use of closed technology, if this cannot be solved, then collective technical protection, organizational measures, personal protective equipment - must be implemented by using a combination as necessary. (2) The provisions of paragraph (1) must also be applied appropriately to those staying within the scope of work. (3) Work may only be performed under such working conditions and for such a period of time that it does not harm the health and physical integrity of the employee. In the case of working for a period of time that increases the risk of health damage (extraordinary work, overtime, etc.), you must proceed according to the provisions of the separate legislation. Section 45 (1) In the event that abnormal conditions arise - when the safety regulations for regular operation cannot be observed - a rescue plan must be prepared, taking into account the nature, location, extent of the workplace, as well as the impact of the sources of danger, as well as those within the scope of the work, and for the rescue necessary persons must be appointed. Legislation can establish mandatory regulations in this regard. The rescue plan can also be prepared as part of a plan prescribed by a separate law – for safety, protection, measures or other similar subjects. (2) The workplace-related part of the rescue plan must be explained to all affected employees. § 46. In the workplace - in accordance with its nature, location, sources of danger, the number of employees, taking into account the effects of work and the working environment and health- damaging pathological factors, as well as the organization of the work - the material, personal and organizational conditions for providing first aid at the workplace must be ensured. § 47 The detailed regulations regarding work, work processes, the workplace, technology, work equipment, personal protective equipment and protective drink are contained in separate legislation, Regulations (§ 11) and standards. § 48 The employer is obliged to determine the method of protection against sources of danger, taking into account the provisions of this law and § 47. Personal conditions for safe and non-health-threatening work § 49 (1) An employee can only be employed for such work and if a) has the appropriate physiological characteristics for its care, b) his employment does not adversely affect his health, physical integrity, or the healthy development of the juvenile, c) employment does not pose a threat to the employee's ability to reproduce or the fetus, d) does not endanger the health and physical integrity of others and has proven to be fit for work - as defined in separate legislation. Fitness to work must be decided on the basis of a medical examination specified in separate legislation. (2) With regard to specific jobs (occupations), the minister responsible for the activity may stipulate that, in addition to what is contained in paragraph (1), an aptitude test is also required, and determines the order of the test in agreement with the minister responsible for health. (3) According to the work schedule, the employer is obliged to provide a medical fitness examination to an employee who performs night work regularly or for at least a quarter of his annual working time ( Mt. § 89 ) prior to starting work, and during the period of the employment relationship as prescribed in the rules applicable to the employment relationship. (4) The employee must be assigned to work during the day if the medical examination establishes that night work endangers the health of the employee mentioned in paragraph (3) or his illness is causally related to night work. § 50. The employee can only be entrusted with work for which he is healthily fit and has the knowledge, skills and expertise necessary for safe and non-threatening work. 50/A. § Employees belonging to a vulnerable group must be protected from health-damaging risks that particularly affect them in accordance with the provisions of separate legislation. § 51. (1) In order to perform the work in a safe and non-threatening manner, employees with appropriate qualifications and numbers must be provided. (2) Where there is danger, you must not work alone, and only employees who have received relevant training (Section 55) may enter such a place. (3) If the work may pose a risk to the physical integrity and health of the employee, the minister responsible for employment policy - in agreement with the minister responsible for health and the minister according to the activity - may stipulate that it can only be performed by a person with specific qualifications (training) or experience. (4) If two or more employees perform a job at the same time, in order to ensure safe work, one employee must be entrusted with the management of the work, and this must be made known to the others. Section 52 (1) In the framework of education and training in the school system, pupils and students must be introduced to the basic rules of safe living, health-free and safe work. (2) Within the framework of the professional training, it must be ensured that the participants learn the health and safety requirements of the job that can be filled based on their qualifications. The necessary knowledge material is determined by the minister concerned in his responsibilities in agreement with the minister responsible for employment policy. § 53. The conditions of occupational health and safety qualification are determined by a separate law. ARC. Chapter THE OBLIGATIONS AND RIGHTS OF EMPLOYERS AND EMPLOYEES IN IMPLEMENTING THE REQUIREMENTS OF WORKING WITH NO DANGER TO HEALTH AND SAFE § 54 (1) In order to ensure safe and health-free work, the employer must take into account the following general requirements: a) avoiding dangers; b) assessment of unavoidable hazards; c) combating hazards at their source; d) taking into account the human factor in the design of the workplace, in the choice of work tools and work processes, with particular regard to the reduction of the duration of monotonous, fixed-paced work and the reduction of its harmful effects, the scheduling of working hours, and the avoidance of strain caused by the psychosocial risks associated with work; e) application of the results of technical development; f) replacement of dangerous with non-dangerous or less dangerous; g) creation of a unified and comprehensive prevention strategy, which covers the work process, technology, work organization, working conditions, social relations and the impact of work environment factors; h) priority of collective technical protection compared to individual protection; i) providing employees with appropriate instructions. (2) The employer must have a risk assessment, in which he is obliged to qualitatively and, if necessary, quantitatively assess the risks endangering the health and safety of the employees, with particular regard to the used work tools, dangerous substances and mixtures, the burdens on the employees, and the design of the workplaces. During the risk assessment, the employer identifies the expected dangers (sources of danger, dangerous situations), as well as the range of those at risk, and estimates the level of danger according to the nature of the danger (accident, health damage). During the risk assessment, in the event of the occurrence of a pathological factor regulated by the health protection limit value, work hygiene tests must be used to determine the degree of exposure. (3) The employer must carry out the risk assessment, risk management and determination of preventive measures - in the absence of a different legal provision - before the start of the activity, and thereafter, if justified, but at least every 3 years. Those defined in § 56 may be recorded in the risk assessment. It should be considered a justified case a) changes in the applied activity, technology, work equipment, work method, b) all changes related to the original activity, as a result of which the factors determining the health and safety of the employees may have changed - including the work climate, noise, vibration load, air conditions (change in the quality or quantity of gaseous, dust, fiber air pollutants), c) the occurrence of a work accident, increased exposure or occupational disease in connection with the deficiency of the applied activity, technology, work equipment, working method, and d) if the risk assessment did not cover the aspects defined in separate legislation. (4) During the occupational health and safety official inspection, the employer must prove the fact and date of commencement of the activity. (5) As a result of the risk assessment, the employer is responsible for documenting at least the following: a) date, place and subject of the risk assessment, identification data of the assessor; b) identification of hazards; c) identification of those at risk, the number of those affected; d) factors aggravating the risk; e) qualitative and/or quantitative assessment of the risks, based on a comparison with the existing situation, determining whether the conditions comply with the rules on occupational safety and whether the risks are kept at an appropriately low level; f) indication of the necessary preventive measures, the deadline and the persons responsible; g) the next scheduled date for preparing the risk assessment; h) the date of the previous risk assessment. The employer is obliged to keep the document of the risk assessment for at least 5 years according to the provisions of the separate legislation. (6) The development of the occupational safety and occupational health content of the prevention strategy defined in paragraph (1) point g) is considered an occupational safety and occupational health professional activity. (7) In order to ensure safe and health-free work, the employer is obliged to a) to give the necessary instructions and information to the employee before the work; b) to regularly make sure that the working conditions meet the requirements, that the employees know and observe the provisions applicable to them; c) to provide the employees with suitable work tools that are adapted to the working conditions and take into account the associated dangers; d) to discuss the health and safety consequences of the change or introduction with the employees and their occupational health and safety representatives before making a decision regarding the change of technology and the introduction of new technology; e) to immediately investigate the abnormality that has come to his attention, or the report related to the safe and non-hazardous performance of work, take the necessary measures, notify the parties concerned, and in case of immediate danger, stop the work; f) in the case of work accidents and occupational diseases, act in accordance with the provisions of Chapter V; g) ensure the intended usability, protective capacity, satisfactory hygienic condition, necessary cleaning, maintenance, repair, and replacement of protective equipment; h) to take all necessary measures with full responsibility for the safety and health protection of employees, taking into account the changing circumstances, as well as striving for continuous improvement of working conditions; i) to ensure the performance of tasks classified as occupational safety and occupational health in the manner specified in this law and to ensure the performance of the prescribed tasks by the person or organization specified in this law. (8) The performance of the tasks defined in paragraphs (2) and (3) is considered occupational safety and occupational health professional activity. When carrying out the risk assessment, the aspects contained in the legislation on the protection of the health and safety of workers exposed to chemical pathogenic factors must also be taken into account. (9) Following the risk assessment, and taking into account its findings, the employer determines the most effective way of protection, the methods of collective and technical individual protection, and the applicable organizational and health prevention measures during the management of the identified risks. 54/A. § (1) The employer shall take appropriate measures to ensure that, if necessary, external services and bodies can be contacted immediately in order to perform first aid, medical emergency care, rescue and fire protection tasks. (2) Taking into account the separate legislation, the employer is obliged to take all reasonable measures in order to evacuate the workplace in case of danger, and to designate suitable employees necessary for the execution of fire protection and disaster prevention tasks, to determine their number, to prepare them and to provide them with appropriate personal protective equipment. Section 55 (1) The employer must ensure that the employee, in the context of education a) when starting work, b) upon a change of workplace or position, as well as upon a change in the requirements for safe and non-threatening work, c) when converting work equipment or putting new work equipment into operation, d) when introducing new technology acquire and during the entire period of employment have the theoretical and practical knowledge of safe and non-hazardous work, learn the necessary rules, instructions and information. Training must be held during regular working hours and, if necessary, must be repeated periodically, taking into account changed or new risks and preventive measures. Completion of the education must be recorded in writing, indicating the topic and signed by the participants. (2) Until the knowledge prescribed in paragraph (1) is acquired, the employee may not be employed independently. § 56. The internal procedure for the provision of personal protective equipment shall be determined in writing by the employer. The performance of this task is considered an occupational safety and health professional activity. § 57 (1) In order to fulfill the duties of an employer of safe and health-free work, the employer is obliged to appoint or employ an employee who is sufficient, but at least for the period specified in the decree and with professional qualification conditions, according to the hazard class and number of employees specified in the decree of the minister responsible for employment policy, this person to provide all information related to occupational health and safety and to provide the necessary material and organizational conditions. (2) In the absence of an employee with the prescribed eligibility conditions, the employment according to paragraph (1) - including the implementation of the provisions of § 8 - can also be implemented through an external service based on a civil law contract. This employment, regardless of its form, does not exempt the employer from his responsibility as defined in this law for the implementation of the requirements of safe and health-free work. (3) The duties of the person defined in the previous paragraphs are particularly important a) carrying out a preliminary examination from an occupational safety point of view [21. § (3)]; b) carrying out the periodic security review [23. § (1)]; c) participation in the out-of-order inspection of the workplace, personal protective equipment, work equipment, technology [23. § (2)]; d) participation in the preparation of a rescue plan [45. § (1)]; e) developing the occupational safety content of the prevention strategy [54. § (1) point g) ]; f) participation in carrying out the risk assessment [54. § (2)], in occupational safety education (§ 55); g) determining the internal procedure for the provision of personal protective equipment (Section 56); h) investigation of work accidents (Section 64); i) participation in the performance of tasks classified as professional occupational safety activities in separate legislation, as well as contributing as necessary to the fulfillment of occupational health tasks. § 58 (1) In addition to the employer's obligations prescribed in § 57, paragraph (1), as defined in separate legislation and covering all of his employees in § 21, paragraph (3) - not including work tools -, § 23 ( 2), § 40 (1), § 42, § 44 (1), § 46, § 49 (1), § 54 ( In order to perform the tasks prescribed in points b) and d)-g) of paragraph 1 , paragraph (2), point b) of paragraph (7) and § 56, he must provide basic occupational health services. The occupational health service can be provided through an external service provider operated by the employer or based on a contract concluded with the employer. (2) The occupational health service, leaving the employer's responsibility intact, contributes to the creation of a work environment that does not endanger health, the prevention of health damage, and the performance of tasks classified as occupational health professional activities and prescribed by separate legislation. (3) The employer must ensure that his employees and their occupational health and safety representatives can receive the necessary information from the occupational health service regarding their working conditions, especially when exercising their rights guaranteed in § 61. (4) The professional management of the occupational health service covering occupational health and safety tasks is provided by the occupational health and safety body, in this context the employer may not give instructions to the employees of the occupational health service. Professional management includes the determination of the method of correct practice and its enforcement. § 59 (1) The employer must inform the employees and the occupational health and safety representative (committee) about who performs the tasks that are incumbent on him in relation to safe and non-hazardous work. (2) The employer is obliged to provide information in § 8 and § 57-58. the person defined in §§, as well as the occupational health and safety representative (committee), and in their absence, the employees, the risk assessment [54. § (2)] and the experience of occupational safety measures, the registration and notification of occupational accidents and occupational diseases, the occupational safety information received from the occupational safety authority in accordance with § 81, especially the findings of inspections carried out at the employer. § 60 (1) The employee may only perform work in a state suitable for safe work, in compliance with the rules and instructions regarding occupational safety, and in accordance with occupational safety training. The employee is obliged to cooperate with his colleagues and perform his work in such a way that it does not endanger his own or others' health and physical integrity. He is thus particularly obliged a) to make sure of the safe condition of the work equipment provided to him in the manner expected of him, to use it according to its purpose and according to the instructions of the employer, to perform the maintenance tasks defined for him; b) use the personal protective equipment according to its intended purpose and take care of its required cleaning; c) to wear clothing that does not endanger health and physical integrity for work; d) maintain discipline, order and cleanliness in the work area; e) to acquire the knowledge necessary for the safe performance of one's work and to apply it during the work; f) to take part in the prescribed medical — within a specified scope — examination of career fitness; g) to inform the employer immediately of the abnormality or malfunction that poses a danger, to eliminate the abnormality or malfunction as expected from him, or to request measures for this from his superior; h) report the accident, injury or illness immediately. (2) The employee may not arbitrarily switch off, remove or modify the safety devices. (3) The employee is obliged to cooperate with the employer, and in accordance with Articles 8, 57–58. and 70/A. § with the persons specified in the fulfillment of official measures taken in order to preserve a healthy and safe working environment, as well as during the implementation of the employer's measures to eliminate the danger. § 61. The employee is entitled to demand from his employer a) the conditions of safe and health-free work, the implementation of the protective measures prescribed in the rules on occupational safety for hazardous activities; b) provision of knowledge necessary for safe and health-free work, provision of the opportunity to learn; c) the provision of equipment, work and protective equipment, the prescribed protective drink, as well as cleaning products and the possibility of cleaning, necessary for work from an occupational safety point of view. § 62. The employee cannot be penalized for acting in order to implement the requirements of safe and non-hazardous work, or for reporting in good faith due to the employer's perceived negligence. This protection applies to professional occupational safety and occupational health activities, as well as Articles 57-58. also employees performing duties prescribed in §. § 63 (1) The employee has the right to refuse to work if doing so would directly and seriously endanger his life, health or physical integrity. If by complying with the employer's instruction you would directly and seriously endanger others, you must refuse to comply. (2) In particular, the inoperability or absence of the necessary safety equipment and personal protective equipment is considered a threat defined in paragraph (1). IV/A. Chapter OCCUPATIONAL HEALTH NOTIFICATIONS AND RECORDS 63/A. § (1) In order to protect against hazardous substances and to prevent health damage caused by them, the employer keeps a record of the data on the workplace exposure of the employees referred to in paragraph (2). The purpose of the register is also to protect the health of employees, prevent occupational diseases caused by hazardous substances, and to clarify the occupational origin of occupational diseases so that the risks caused by hazardous substances can be subsequently identified, controlled and documented. (2) The register contains a) the name, place and time of birth of the employee, b) the name of the hazardous substance causing the exposure, c) the employee's daily, weekly and annual exposure time, d) the measured data of the exposure concentration per substance. (3) The employer shall keep the data in the register for ten years after the termination of the employment relationship, or for fifty years if the employee is exposed to carcinogenic substances at his workplace. (4) If the employer ceases to exist without a legal successor, the data registered in accordance with paragraph (2) shall be handed over to the occupational health and safety authority responsible for the place of work for the purpose specified in paragraph (1). (5) The occupational health and safety authority ensures the preservation of data in accordance with the provisions of paragraph (3). 63/B. § (1) In order to protect against carcinogenic substances and to prevent health damage and cancer caused by them, the employer keeps a register of employees who are or may be exposed to carcinogenic or mutagenic substances during their work. The purpose of the register is also to ensure that the risks caused by carcinogenic or mutagenic substances can be subsequently identified, controlled and documented in order to protect the health of employees, prevent occupational health damage and cancer caused by carcinogenic or mutagenic substances, and to clarify the occupational origin of the occupational disease. (2) The register contains a) the name, place and time of birth of the employee, b) the name of the carcinogen causing the exposure, c) the employee's daily, weekly and annual exposure time, d) the measured data of the exposure concentration per substance. (3) The employer shall keep the data in the register according to paragraph (2) for fifty years after the last day of exposure. (4) If the employer ceases to exist without a legal successor, the data registered in accordance with paragraph (2) shall be handed over to the occupational health and safety authority responsible for the place of work for the purpose specified in paragraph (1). (5) The occupational health and safety authority ensures the preservation of data in accordance with paragraph (3). 63/C. § (1) In order to carry out an official inspection of the activities carried out with carcinogens defined in the legislation on the protection against occupational carcinogens and the prevention of health damage caused by them, because of their dangerousness, and in order to clarify the occupational origin of any increased exposure or occupational disease that may occur in the future, January 10 of each year must be reported to the occupational health and safety authority. (2) The applicable notification form will be published by the labor protection authority on the official website of the minister responsible for employment policy. The notification includes: a) the employer's name, address, telephone number, e-mail address, b) the exact location of the activity within the site, c) the sectoral classification, d) the date of the last notification, e) the use of carcinogenic or mutagenic substances, with justification for the use, f) the name of the job positions representing exposure and the number of workers in the job position, g) year of birth, TAJ number, and job title of workers exposed to carcinogens, h) data related to carcinogens or mutagens and mixtures containing carcinogens or mutagens, i) the results of the air pollution tests carried out in the current year (mg/m 3 ) per substance. (3) Based on the data included in the notification according to paragraph (2), the occupational health and safety authority 83/A. keeps records according to § (4) The implementing rules related to this § are contained in the legislation on the protection against occupational carcinogens and the prevention of health damage caused by them. V. Chapter NOTIFICATION, INVESTIGATION AND REGISTRY OF WORK ACCIDENTS AND OCCUPATIONAL DISEASES § 64 (1) The occupational accident in which the employee was unable to work for more than three working days, as well as the occupational disease and the case of increased exposure, must be reported, investigated and registered. (2) The provisions of paragraph (1). a) in the event of a work accident and increased exposure - in the absence of a different legal provision - the employer, b) in the case of an occupational disease, a body or person specified in the decree issued by the minister responsible for employment policy in agreement with the minister responsible for health fulfills. (3) In the case of work accidents, occupational diseases and increased exposures, the employer shall record the following personal data of the injured, ill or those affected by increased exposure: name (including birth name), mother's name, social security identification number (Tai-number), date of birth place and time, gender, nationality, place of residence (address). In the case of the employer, the tax number must be indicated, if he does not have a tax number, he must also record his own tax identification number as personal data. (4) The employer must immediately investigate the work accident resulting in incapacity for work and the case of increased exposure, and record the result of the investigation in the case of a work accident in the work accident report, or in the case of increased exposure in the examination sheet. The doctor of the service providing basic occupational health services must be informed of the commencement of the investigation of the work accident. The doctor of the service providing the basic occupational health service decides on medical cooperation in the investigation of the work accident. In the event of a serious work accident and increased exposure, the doctor of the service providing basic occupational health services must participate in the examination. The circumstances of a work accident that does not result in incapacity for work must also be clarified. (5) The employer is obliged to report the serious work accident to the occupational safety authority [Article 84 § (2)] to report immediately. (6) The detailed regulations regarding notification, investigation and registration are determined by this Act and the decree of the minister responsible for employment policy with regard to work accidents, and by the decree issued by the minister responsible for employment policy in agreement with the minister responsible for health with regard to occupational diseases and increased exposures. § 65 (1) During the investigation of work accidents, occupational diseases and increased exposure, the underlying and contributing material, organizational and personal causes must be revealed, and based on this, the employer must take measures to prevent work accidents, occupational diseases and increased exposures . (2) Investigating a work accident is considered a professional occupational safety activity. (3) The investigation of a case of increased exposure is considered a professional occupational health and safety activity. § 66 (1) The injured person or the person who notices the accident must immediately report the accident to the person directly supervising the work. If the injured person fails to comply with this obligation for reasons attributable to him, during the employer's investigation of the accident, the injured party bears the burden of proving that the accident occurred during or in connection with work. (2) The employer must determine whether it is considered a work-related accident for each reported or known accident. If you do not consider it to be a work accident, you must notify the injured person and, in the case of a fatal accident, the next of kin of this and the possibility of legal redress (Section 68). (3) The employer must allow the occupational safety representative to participate in the investigation of the circumstances of the work accident, occupational disease, and case of increased exposure. § 67 After 3 years from the occurrence of the work accident, the employer is not obliged to report, investigate and register the work accident based on the provisions of the law. In other respects, the rules of civil law must be applied to the statute of limitations. § 68 (1) If the injured party complains about the employer's action or failure to report and investigate the work accident, and if the employee concerned complains about the failure to investigate the occupational disease or the case of increased exposure, or if the employee disputes the employer's assessment of the seriousness of the injury, you can contact the regionally competent occupational health and safety authority electronically or by other means on the notification form according to Annex 1. Based on the employee's report, the labor protection authority will proceed with the procedure ex officio. The occupational health and safety authority directs the person who complains about a suspected occupational disease or complains about the failure to investigate it to the doctor authorized to report it or to the occupational health and occupational health body. (2) If the deterioration of the employee's health can be related to the work or pathological factors occurring during the work or work process, and the occupational disease has not been reported by the body or person specified in § 64, paragraph (2) point b) , the employee you can contact the regionally competent occupational health and safety authority. The occupational health and safety authority forwards the suspected occupational disease to the body specified in the legislation on the notification and investigation of occupational diseases and cases of increased exposure for the purpose of preliminary investigation and notification. (3) In the procedure defined in paragraphs (1) and (2), the injured person or, if the injured person is dead or unable to enforce his rights due to his health condition, his next of kin is considered a client. In the application, the relative status must be proven. § 69. If an employee of an employer based in Hungary suffers an occupational accident during a foreign assignment (foreign service), the employer is obliged to fulfill the notification and registration obligation in the order specified in the decree of the minister responsible for employment policy. VI. Chapter REPRESENTATION OF LABOR PROTECTION INTERESTS, CONCILIATION OF INTERESTS Consultation with employees § 70 (1) In order to ensure healthy and safe work, the employer is obliged to consult with the employees and their occupational health and safety representatives, as well as to provide them with the opportunity to participate in the preliminary discussion of the employer's health and safety measure in due time. (2) Employees are entitled to consult directly or through their occupational health and safety representatives - in addition to those specified in paragraph (1) - in particular with regard to the following employer obligations: a) designation, employment and activities of persons involved in the performance of occupational health and safety tasks (Section 8, Section 54/A, Sections 57-58); b) the provision of information related to occupational health and safety [in particular, § 40, paragraph (2), § 42 , point a) , § 45, paragraph (2), § 54, paragraph (1), point i) , § 54 based on the provisions of Section (7) point a) , Section 58 (3), Section 59 (2), Section 81 (3)]; c) planning and organizing occupational safety training (Section 55). (3) Balanced participation and the right of employees and their occupational health and safety representatives to make proposals must be ensured during the consultation. (4) In order to ensure a balanced participation, the employer is obliged to be represented at the meeting by a person who has the authority to take action in matters of occupational health and safety. (5) In the case of national defense organizations falling within the scope of Section 9, subsection (4) and public educational institutions under the maintenance management of the minister responsible for national defense, which are not classified as national defense organizations, the detailed regulations on labor protection interest representation and reconciliation of interests are contained in other legislation - thus, in particular, on the legal status of national defenders solo 2012 CCV. law - must be defined and applied in accordance with regulations. The labor protection representative, the workplace labor protection committee, the parity labor protection board 70/A. § (1) Employees are entitled to represent their rights and interests related to safe and health-free work by electing a representative or representatives (hereinafter: occupational safety representative) from among themselves as follows: a) an election of an occupational health and safety representative must be held at all employers with at least twenty employees. It is the employer's responsibility to conduct the election and ensure the conditions; b) if the election of an occupational health and safety representative is initiated by the employer's trade union or works representative or, in the absence of these, by the majority of the employees at an employer employing fewer than twenty employees, the obligation specified in point a) related to holding the election falls on the employer; c) in the case of an employer employing fewer than twenty employees, if an occupational health and safety representative is not elected, the employer must consult with the employees in accordance with the provisions of § 70; d) an occupational health and safety representative can be elected at the employer's independent site or department if the provisions of Articles 54-56 are met. The employer's occupational health and safety authorizations defined in §§ are partially or fully entitled to the head of the independent site or department. (2) Section 238 of the Mt. shall be applied to the election of an occupational safety and health representative, with the exception of the provisions of subsection (2) of Section 238 of the Mt. away. (3) The labor protection representative is elected for five years by equal, secret and direct voting. Employees must be informed about the identity of the elected occupational health and safety representatives. The provisions of the Mt. regarding the members of the works council and the works representative must be properly applied to the procedure for the election, termination of mandate, recall of the occupational safety and health representatives, and their field of operation, including the possibility of forming a central occupational safety and health committee. (4) If the number of occupational safety representatives reaches three, a workplace occupational safety committee (hereinafter: committee) may be established. In the case of the establishment of a committee, the rights of the labor protection representative — if they affect all employees — are exercised by the committee. (5) At the committee's initiative, the employer or his authorized representative must participate in the committee's hearing. 70/B. § (1) In the case of an employer with at least twenty employees and occupational health and safety representatives, the employer shall establish a parity occupational health and safety board (hereinafter: board) at the level of all employers, in which the employees and the employer's representatives participate in equal numbers. (2) The board has the same number of regular and substitute members on the employee and employer side. The substitute member replaces the regular member on the basis of a power of attorney, and replaces the regular member in the event that the mandate of the regular member is terminated for some reason. (3) Employees' representatives (ordinary and alternate members) are included in the board according to Art. 70/A. Labor protection representatives elected in accordance with point a) of paragraph (1) of § nominate by secret ballot from among themselves. The employer initiates the establishment of the board and ensures the conditions for conducting the voting. (4) The employer is obliged to appoint to the board an employee in a managerial position who is authorized to make decisions ( § 208 of the Act ), as well as a person who partially or fully performs the employer's occupational safety and health duties (a work supervisor authorized to take action, or an occupational safety specialist in a legal relationship with the employer for organized work). Specialists who provide regular occupational health and safety services for the employer participate in the board's work as invited guests. (5) The term of office of the regular and alternate members of the board is five years. (6) The office of chairman of the board shall be exercised alternately by representatives of employees and employers. The employees' representatives and the employer shall agree on the number of regular and substitute members of the board, the termination of the mandate of the members, as well as the terms of recall, the chairing and operating rules, the rules of procedure, and other procedural issues related to the board's activities. The conditions for the board's operation are provided by the employer. (7) In the framework of the board's interest-conciliation activities regarding safe and non- threatening work: a) regularly, but at least once a year, evaluates the development of the occupational health and safety situation and activities at the workplace, and the possible related measures; b) discusses the occupational health and safety program at the workplace and monitors its implementation; c) takes a position on the draft internal rules concerning occupational health and safety. (8) The operation of the board does not affect the legal status of the occupational health and safety representative, the occupational health and safety committee at the workplace, and the employer's responsibility for the implementation of the occupational health and safety requirements defined in this law. § 71. The employee, the occupational health and safety representative (committee) and the employer must cooperate in order to ensure safe and health-free work, exercise and fulfill their rights and obligations in accordance with their intended purpose, and in particular provide the necessary information (information) even before the introduction of the measure to give to each other before making a decision. Section 72 (1) The occupational health and safety representative - taking into account the provisions of Section 70 - is entitled to ensure that the requirements for safe and non-hazardous work in the workplace are enforced, so in particular - about the safe condition of workplaces, work tools and personal protective equipment; - on the implementation of measures to protect health and prevent work accidents and occupational diseases; - on the preparation and preparedness of employees for safe and health-free work. (2) The occupational health and safety representative in the context of exercising his right specified in paragraph (1). a) you can enter workplaces in your operational area during working hours and get information from the employees working there; b) may participate in the preparation of the employer's decisions that may affect the health and safety of employees, including the required employment of specialists (Section 8, Sections 57- 58), the planning and organization of occupational safety training (Section 55), also decisions regarding the creation of new jobs; c) may request information from the employer on all issues affecting safe and health-free work; d) may express an opinion or initiate the necessary measures to be taken by the employer; e) by complying with the data protection regulations, you can participate in the investigation of work accidents, you can contribute to the investigation of the circumstances of the occupational disease and the case of increased exposure; f) in justified cases, he can turn to the competent occupational health and safety authority. g) during the official inspection, you can communicate your comments to the person performing the inspection. (3) The occupational safety and health representative (committee) is entitled to use an expert in matters related to safe and non-health-threatening work, based on a prior agreement with the employer, and to discuss such issues with the occupational safety and health authority. (4) If the employer, within the framework of his obligation contained in § 2, paragraph (3), defines the manner of implementing the requirements in occupational safety regulations, the approval of the occupational safety representative (committee) is required for the issuance of these regulations. Section 73 (1) Upon the initiative of the occupational health and safety representative (committee) specified in Section 72 (2) points c)–e) , the employer must inform the occupational safety representative (committee) of the measure or the reason for not taking the measure within 8 days. (2) If the employer does not agree with the initiative, he must provide the reasons for his position in writing, except in cases requiring immediate action. § 74. The occupational health and safety representative (committee) may propose to the employer the preparation of a workplace occupational health and safety program. If the employer specified in the decree of the minister responsible for employment policy does not agree with this, the labor protection representative (committee) can initiate a collective labor dispute regulated in Mt. § 75. (1) The employer must ensure the conditions in order for the occupational health and safety representative to exercise his rights, so in particular a) the working time discount, paid with an absence fee, necessary for the performance of his duties, which is at least ten percent of his monthly working time in the case of the labor protection representative or member of the board; b) the necessary tools, in particular the operational, technical and material conditions, as well as the relevant professional regulations; c) the opportunity to participate in at least 16 hours of training within one year after the representative's election, and at least 8 hours of further training per year after that, and in case of re-election. (2) The costs of the provisions of paragraph (1) shall be borne by the employer, and the training according to point c) of paragraph (1) may only take place during normal working hours and within the framework of professional training. § 76. (1) The occupational health and safety representative (committee) may not be hindered in exercising his rights and may not suffer any disadvantages due to the exercise of his rights. (2) The occupational health and safety representative (committee) is obliged to act in accordance with the labor law rules established for the members of the works council (works representative) regarding the disclosure of data and facts that come to their knowledge during their operation. § 273, paragraphs (1), (2) and (6) of the Mt. must be properly applied to the labor law protection of all occupational health and safety representatives , with the direct superior trade union body having the committee, or, in its absence, the committee created during the election of the occupational health and safety representative members of the election committee should be understood. § 77. 70-76 of this Act. in the application of §§, a person working in a penal relationship is not an employee. National Labor Protection Committee § 78. The National Occupational Safety and Health Committee, which consists of representatives of employees, employers' interest organizations and representatives of the Government (hereinafter referred to as: negotiating groups), and operates according to its own rules of procedure, is responsible for the national negotiation of interests related to safe and non-hazardous work. § 79. (1) In the framework of the National Occupational Safety and Health Committee's interest-conciliation activities regarding safe and health-free work a) reviews in advance the legislative concepts and other regulations and drafts of measures specified in § 11, the accounts, reports and periodical programs, with the unanimous opinion or the differing opinions of the negotiating groups having to be indicated on the submissions; b) participates in the development, evaluation and review of the national policy of labor protection, the annual measures and schedules for its implementation; c) discuss and take a position, or form a recommendation or opinion on occupational health and safety issues put forward by negotiating groups; d) develops recommendations on occupational safety requirements that exceed those stipulated in the rules on occupational safety; e) informs the public about his work; f) assists the operation of the occupational health and safety information system with his own data and findings as necessary. g) decides on issues related to the definition of knowledge material on safe living in the field of upbringing and education, and the rules of safe work in the field of professional education. (2) Secretarial and administrative tasks related to the operation of the National Occupational Safety and Health Committee are performed by the occupational safety and health authority. Section 80 VII. Chapter AUTHORITY SUPERVISION OF LABOR PROTECTION § 81. (1) The occupational safety and health authority is responsible for facilitating and monitoring compliance with the rules relating to occupational health and safety. (2) (3) The occupational health and safety authority provides information and advice to employers and employees, occupational health and safety representatives, and interest groups so that they can exercise their rights and fulfill their obligations related to occupational health and safety. (4) The inspection of the labor protection authority covers a) to fulfill the tasks and obligations of employers and employees related to non-health- threatening and safe work, including the implementation of occupational health services' occupational health and safety tasks; b) to enforce the requirements for the establishment of workplaces, the operation of work equipment, the technologies and materials used, and personal protective equipment; c) measures taken to investigate, report, register and prevent work accidents, occupational diseases and cases of increased exposure. (5) The occupational health and safety authority is entitled to apply the measures and prosecutions specified in this Act and separate legislation in order to eliminate the deficiencies discovered during its inspection. (6) If the obligee has not complied with the obligation contained in the final decision of the occupational safety authority, the occupational safety authority shall undertake the execution of the specified action. 81/A. § (1) The occupational health and safety authority carries out its inspection activities based on the inspection directive published by the minister responsible for employment policy. The directive is published electronically by the minister responsible for employment policy on his official website every year until the 45th day before the inspection period. (2) The inspection directive contains a) the priority control and inspection objectives of the given year, b) in accordance with the provisions of point a) , the priority tasks to be performed and their performance indicators, c) the main areas of activity, professions or sectors to be inspected. Section 82 (1) The occupational safety and health authority applies an occupational safety fine to an employer that fails to meet the requirements for safe and non-health-threatening work and thereby seriously endangers the employee's life, physical integrity or health, or for the implementation of the coordination obligation specified in Section 40 (2) against a responsible person or organization. (2) In particular, the employee's life, physical integrity or health are seriously endangered a) failure to put occupational safety into operation according to the conditions specified in § 21; b) failure to perform the periodic safety review specified in § 23, paragraph (1); c) failure to perform an out-of-order inspection as defined in § 23, paragraph (2); d) failure to perform the risk assessment specified in § 54, paragraph (2): da) in the case of an employer belonging to the highest risk class according to the decree of the minister responsible for employment policy, and db) in the cases provided for in separate legislation on the protection of workers exposed to the effects of certain hazardous sources, which is realized especially in the absence of the exposure estimation/measurement required in the framework of the risk assessment; e) inoperability or lack of necessary safety equipment and personal protective equipment; f) failure to comply with the obligation to coordinate work according to § 40, paragraph (2); g) failure to perform occupational fitness tests and biological monitoring in the case of work performed in a hazardous workplace, with hazardous work equipment, or in a hazardous technological process - including jobs involving hazardous sources defined in separate legislation, vulnerable groups; h) violation of the employment ban prescribed by separate legislation; i) employment in exposure exceeding the permissible value in the absence of the necessary protection; furthermore j) in the case of activities involving carcinogenic exposure, failure to carry out the measurements prescribed by separate legislation. k) in the case of work performed at a dangerous workplace, with dangerous work equipment or in a dangerous technological process, the employment of fewer employees than prescribed in the rules on occupational safety. (3) The amount of the labor protection fine can range from HUF 50,000 to HUF 10,000,000. (4) The occupational health and safety authority imposes the occupational health and safety fine for each location, if it is determined during the procedure conducted at the same time that the danger described in paragraph (1) is carried out at several locations of the employer in violation of the same legal provision. (5) The occupational safety fine is imposed by the occupational safety authority on the basis of the proposal of the inspector who discovered the serious hazard. When determining the amount of the occupational health and safety fine, the occupational health and safety authority considers the criteria specified in the Act on Sanctions for Administrative Violations a) the number of legal provisions violated, b) the expected consequences of the threat, c) the degree of injury and damage to health, d) the number of employees employed by the employer or by the person or organization that fails to comply with the coordination obligation specified in Section 40 (2) and their annual net sales revenue or balance sheet total, e) the degree of exceeding the limit value specified for the pathological factors characterized by the limit value, as well as f) the personal and material circumstances of the other failure leading to the risk of the fine being imposed. (6) The fine imposed on the basis of subsection (1) must be paid into the treasury appropriations use framework account of the labor protection authority. 82/A. § The occupational safety and health authority prepares a report every six months for the minister responsible for employment policy on the experience of inspections held to ensure compliance with the provisions of § 295, subsection (1) point e) of the Labor Code, as well as to check compliance with the rules on occupational health and safety, as well as on the development of occupational accidents. The minister publishes the report electronically within 60 days of the relevant period. The findings contained in the report must be covered by the report specified in point e) of § 14, paragraph (1) . 82/B. § 82/C. § (1) (2) The employer may not apply to subject himself to occupational health and safety official inspection. (3) (4) (5) 82/D. § (1) The occupational health and safety authority imposes an administrative fine on a natural person who, in the course of organized work: a) violates the rules for the healthy and safe execution of work and its control, or tolerates the non-implementation of these rules within the scope of his duties, b) does not fulfill his obligation to register, investigate, report and report related to the work accident or case of increased exposure in a timely manner or provides untrue data, as well as conceals the true cause of the accident or case of increased exposure or prevents its discovery, c) does not fulfill his obligation to provide information related to the occupational disease, provides false information, conceals the true cause of the occupational disease or obstructs its investigation, or d) as the employer's representative, the labor protection representative violates the rules regarding the election, prevents the labor protection representative from exercising his rights provided for in the rules on labor protection, or takes adverse measures against the labor protection representative due to the exercise of his rights. (2) The amount of the administrative fine imposed on the basis of subsection (1) may reach five hundred thousand forints. The administrative fine can be imposed repeatedly in one procedure, in case of repeated violation of the same obligation or in case of another violation. (3) With the exception of procedures falling under the duties and powers of the minister responsible for national defense, a warning may not be applied as an administrative sanction in the event of a violation of the law specified in point a) of paragraph (1). (4) In the event of a violation of the law specified in paragraph (1), the occupational health and safety authority may also impose the administrative fine as an on-the-spot fine. § 83 (1) If this law or legislation issued on the basis of its authority requires the use of an occupational safety expert in a specific field, or establishes a legal consequence for the use of an expert, - with the exception of an expert authorized to perform forensic expert activities according to the law on forensic experts - as an expert only the planning and a person with a license from a regional engineering chamber (hereinafter: chamber) defined in the Act on the Professional Chambers of Engineers and Architects can be used, and the legal consequences specified in the legislation are only attached to the use of such a person. (2) The Chamber permits the continuation of expert activity according to paragraph (1) to those who have a clean criminal record, are not under the scope of a ban from occupation that excludes the continuation of occupational safety expert activity, and have the professional qualifications specified in the Government Decree based on the authorization of this law, and meet other conditions specified there. (3) The chamber keeps a register of persons licensed to carry out expert activities for the purpose of using expert activities according to paragraph (1). (4) The register specified in subsection (3) is considered a public authority register with regard to the range of public information specified in the Act on the General Rules for the Start and Continuation of Service Activities. (5) The register specified in paragraph (3) contains: a) the name of the occupational safety expert, b) the address, telephone number and e-mail address of the occupational safety expert, c) indication of the authorized service activity, d) the number of the license and the territorial and time limits of the start or continuation of the activity included in the license, e) the date of issuance of the permit, f) the fact and duration of the suspension of expert activity, g) the applicant's mother's name, place and time of birth, education information. (6) The data of the register according to points a), c)-f) of paragraph (5) are public data in the public interest, which data is published by the chamber on its website. (7) In the case of the applicant's consent in the application, the chamber will also publish the data of the register according to points b) and g) of subsection (5) on its website. (8) The chamber deletes the occupational safety expert's data from the website a) on the day following the revocation of the authorization to perform expert activity, or b) on the day following notification of the expert's death. (9) In the case of withdrawal of consent pursuant to paragraph (7), the chamber shall delete the data according to points b) and g) of paragraph (5) from the website and from the register immediately, but no later than on the working day following the withdrawal of consent. (10) The Chamber deletes the data in the register five years after the revocation of the license or the death of the expert. 83/A. § (1) The occupational health and safety authority keeps records in order to minimize risks and promote the protection of employees against occupational health damage and cancer caused by carcinogens. (2) The register contains the data of those employers and employees who are exposed to carcinogens during organized work at employers. The record contains a) the employer's name, location, sector, branch classification, b) the employee's year of birth, social security identification number, occupation, and the number of working years spent in the exposure associated with that occupation. (3) The occupational health and safety authority may manage the data specified in paragraph (2) and may invite employers to provide data. (4) The occupational health and safety authority forwards the data specified in paragraph (2) to the occupational health and safety body for the purpose of protection against occupational carcinogens and the prevention of health damage caused by them, which body deletes this data after fifty years from the date of transmission. (5) The occupational health and safety authority shall delete the data in the register fifty years after the employer's notification. 83/B. § (1) The occupational health and safety authority keeps an official register for the purpose of verifying compliance with the occupational health and safety rules by employers in a procedure according to separate legislation before another body. The official register contains the data of those employers for whom the final decision of the acting authority during the occupational health and safety inspection, or in the case of an administrative lawsuit, an official decision judged by a final court decision, established a violation of the law and imposed an occupational health and safety fine. (2) The register contains a) the name, registered office, tax number of the employer, the name, address and tax identification number of the employer of a natural person without a tax number; b) the decision establishing the infringement ba) date, bb) number, as well as bc) the date of its becoming final and enforceable; c) indication of the infringement; d) the fact and amount of the labor protection fine; e) in the case of a public administrative lawsuit, the date and number of the final court decision, the day it became final, and what decision the court made. (2a) The register specified in paragraph (1) - with the exception of the data contained in paragraph (2) point a) and point b) subpoint bb) - is considered a public authority register. (3) The data of the official register is managed in the IT system of the labor protection authority. The data specified in paragraph (2) are recorded in the IT database by the occupational health and safety authority on the day the decision establishing the violation becomes final, or on the day the court's decision becomes final in the case of a challenge to the decision in an administrative lawsuit. (4) The occupational health and safety authority shall delete the data contained in the register or made public from the register on the website two years after the date of the final decision on which the registration is based becomes enforceable, or in the case of a public administrative lawsuit, after the court judgment becomes final. (5) On the basis of the data in the register maintained by the occupational health and safety authority, the name, registered office, tax number of employers who have committed a violation of the law subject to a labor safety fine, the name, address, tax identification number of the employer of a natural person without a tax number, the indication of the violation of the law subject to a labor safety fine and the amount of the fine, the publishes the date and number of the decision establishing a violation of law, as well as the date of the decision establishing the violation becoming final and enforceable, by publishing it on its website. In the case of a public administrative lawsuit, the data contained in paragraph (2) e) shall also be made public by publishing it on its website in the event that the court has made a decision rejecting the claim or changing the administrative decision. (6) The occupational health and safety authority's obligation to register in subsection (2) and publication obligation in subsection (5) shall not be affected if the employer fulfills its obligation contained in the final decision or in the administrative decision judged by a final court decision within the prescribed deadline or deadline. (7) The occupational health and safety authority in the case of challenging the decision in an administrative lawsuit a) publishes the data contained in paragraph (2) subject to the decision contained in the final and enforceable decision of the court, b) - if the data according to paragraph (5) has already been made public - arrange for the deletion of the data made public on the website. (8) The data managed in the official register can be transferred and used free of charge to the Central Statistical Office in a manner suitable for individual identification for statistical purposes, and to the minister responsible for public employment in a manner not suitable for individual identification for research purposes. 83/C. § (1) The occupational health and safety authority may, for the reason and to the extent necessary for the conduct of the official procedure, and the body responsible for professional management, for the performance of its tasks - in particular for the investigation and registration of work accidents, occupational diseases and cases of increased exposure - know and handle the employees concerned - the health and their personal identification and health data defined in the Act on the Management and Protection of Personal Data related to them, can inspect the employee's documents related to the conduct of official proceedings, request their presentation, make a copy of them, and invite the employer or the employee to disclose data. (2) The data according to paragraph (1) is managed in the IT system of the occupational safety and health authority, and the data is deleted two years after the decision ending the official procedure becomes final. 83/D. § (1) The deadline for occupational health and safety official inspection is forty-five days a) with work accidents, occupational diseases and cases of increased exposure, b) classifying the accident as a work accident, c) by classifying the legal relationship between the employer and the person performing work at the workplace as organized work in connection. (2) The deadline for occupational health and safety official inspection is 30 days in cases not affected by paragraph (1). (3) The administrative deadline for the ex officio procedure of the labor protection authority is 60 days. 83/E. § With regard to the authorities performing work safety inspection tasks, the minister involved in the work safety sector's responsibilities acts as a supervisory body. § 84. (1) The occupational health and safety authority is entitled the) b) control all workplaces without a special permit; c) to investigate work accidents - except those related to road traffic - and cases of increased exposure - without affecting the employer's responsibility in this regard; d) to call on the employer to fulfill the requirements of safe and non-hazardous work; e) to oblige the employer to eliminate the identified deficiencies within a specified period; f) to prohibit an employee engaged in a serious violation of the regulations regarding safe and non-health-threatening work from the objectionable work; g) in the event of a threat to the employee's health and physical integrity, in the event of exposure exceeding the limit value, in the event of a carcinogenic, mutagenic, or teratogenic hazard - until it is eliminated - or in the event of the use of protective equipment that does not provide adequate protection, the operation of the hazardous activity, plant, part of plant, work equipment, personal protective equipment , to order the suspension of the use of a dangerous substance or mixture; h) order an inspection in accordance with § 23, paragraph (2); i) to classify the accident as an occupational accident, and to order the notification or investigation of the occupational accident, if the notification or investigation was omitted, was not carried out in accordance with the provisions of the law, or if the employer does not consider the accident to be an occupational accident in a manner contrary to the law; j) to suspend the operation and use of work equipment and personal protective equipment if it does not have the document specified in Section 18, Paragraphs (3)-(4); k) to oblige the employer to periodically report the average statistical number of employees employed in the framework of night work, work schedule, other information regarding the conditions of night work, as specified in the decision, as well as any changes in the data and facts provided; l) to request the information necessary for the inspection from the person staying at the workplace, and to call such a person to prove their personal identity; m) to use the police in case of obstruction of the inspection; n) to order occupational health examinations to be carried out. (2) The occupational safety and health authority - with the exception of occupational accidents related to road traffic - is obliged to investigate reported serious occupational accidents and occupational diseases - without affecting the employer's responsibility in this regard. (3) The occupational health and safety authority - in order to protect the health and physical integrity of the employee, and also to prevent occupational accidents - paragraph (1) f), may order the immediate execution of its decision contained in points g) and j) . (4) Based on the facts, the occupational health and safety authority is entitled to classify the legal relationship between the employer and the person performing work at the workplace, existing at the start of the inspection or at the time of the accident, as organized work. For the certification, the person who is being prosecuted as an employer must provide all the evidence on the basis of which it can be established that the work performed for him does not fall within the scope of organized work (Section 87, point 9). (5) In a workplace where different employers employ employees at the same time, and as a result of the occupational safety inspection, an employer cannot be identified, in relation to paragraph (4), it must be assumed that the employer of the affected employees is the one who actually manages the activities at the workplace, until proven otherwise. in the absence of this, the person who bears the main responsibility for the workplace, if there is none, then the person in whose area the work takes place. (6) The occupational health and safety authority shall hand over a copy of the report made during the on-site inspection to the employer, and in the absence of the worker, a copy of the record prepared by the occupational health and safety authority to the person present on behalf of the employer. (7) The call for data provided by the occupational health and safety authority during the on- site inspection must be recorded in the minutes. (8) Documents falling within the scope of the obligation to provide data may not be submitted in duplicate. (9) If the employer does not provide data in accordance with the invitation as part of his obligation to provide data, the occupational health and safety authority shall make a decision based on the available data. (10) The form of contact in the occupational health and safety official procedure is chosen by the authority. Section 85 § 86. (1) The authority of the occupational health and safety authority does not extend a) to check the radiation health, radiation protection tasks related to the use of nuclear energy, non-ionizing radiation, and electric and magnetic fields defined in separate legislation, b) to carry out tasks related to chemical safety, except for tasks ensuring the protection of the health and safety of employees exposed to hazardous substances and dangerous mixtures during their work, and to check regulations, c) to check regulations for the protection of non-smokers, d) for official matters falling under the jurisdiction of the mine supervision, with the exception of occupational health tasks, and e) a national defense organization, a vocational training institution under the maintenance management of the minister responsible for national defense, which is not considered a national defense organization, an organization carrying out organized work in the interests of national defense on real estate used by the national defense organization in the asset management of the ministry led by the minister responsible for national defense or based on another legal relationship, for the national defense to the economic company designated by ministerial decree under the authority of the responsible minister, on the basis of the law on national defense and the Hungarian National Defense, and on the measures that can be introduced in the special legal order, as well as to the law enforcement agencies, the Parliamentary Guard and the municipal fire department. (2) With regard to the bodies referred to in point e) of paragraph (1), a separate law provides for the performance of occupational health and safety official activities. (3) With respect to the law enforcement agencies, the Parliamentary Guard, and the municipal fire brigade, in the procedures of the body designated by government decree to perform occupational health and safety official duties in accordance with this Act a) the application cannot be submitted at a government window, b) the client's statement cannot replace the missing evidence. VII/A. Chapter Different occupational health and safety rules for teleworking 86/A. § (1) The rules of this Act shall be applied to teleworking with the exceptions listed in this chapter. (2) Teleworking can also be done with the work equipment provided by the employee, based on the agreement concluded with the employer. In the case of such a work tool, the employer makes sure of the safe condition of the work tool during the risk assessment. In this case, the employee takes care of maintaining the safe condition of the work equipment. (3) In the workplace, the employee may not change the working conditions without the consent of the employer. (4) In the application of the Mt. , an inspection of the employer or his agent is considered a justified case if it is carried out in order to carry out the tasks described in § 54, subsection (7), point b) . (5) In addition to the inspection specified in subsection (4), the employer or his agent - especially in § 8 and § 57-58. A person specified in § - may enter and stay in the area of the property serving as a place of work for the purpose of carrying out a risk assessment, conducting an accident investigation, and checking the working conditions. (6) The employer informs the employee of VI. on workplace occupational health and safety consultation and interest representation opportunities and practice defined in chapter 1, as well as on the responsible persons performing related tasks and their contact information. The occupational health and safety representative may enter and remain in the area of the property serving as a place of work with the consent of the employee. (7) The occupational health and safety authority may only carry out the official inspection specified in § 81, subsection (4) on working days, between 8 a.m. and 8 p.m. The occupational health and safety authority informs the employer and the employee about this at least 3 working days before the start of the inspection. The employer obtains the necessary consent from the employee to enter the area of the property serving as a place of work for this purpose no later than before the start of the inspection. (8) In the case of teleworking, the workplace is the room defined by the parties in the employment contract, where the employee regularly performs his work using information technology or computer technology equipment. VIII. Chapter INTERPRETATIVE PROVISIONS § 87. In the application of this Act: 1. Relocation: relocation of work equipment that was previously required to be put into operation from an occupational safety point of view, which causes a significant change in terms of its commissioning and operating conditions. 1/A. Accident: a one-time external impact on the human body that occurs suddenly or in a relatively short period of time, regardless of the will of the injured party, and causes injury, poisoning or other (physical, mental) health damage, or death. 1/B. personal protective equipment EC declaration of conformity: the manufacturer's written declaration that the protective equipment complies with the model and the requirements of a separate law on the requirements and certification of conformity of personal protective equipment. 1/C. personal protective equipment EC type certificate: a document issued by a notified body defined in the Act on the Activities of Conformity Assessment Organizations to certify that the protective equipment complies with the requirements of a separate law on the requirements and certification of conformity of personal protective equipment based on the EC type test carried out on the sample. 1/D. Occupational disease: acute and long-term health damage that occurs during work or the exercise of the occupation, as well as chronic health damage that appears or develops after the exercise of the occupation, which a) can be traced back to physical, chemical, biological, psychosocial and ergonomic pathological factors related to the work, the occupation, occurring during the work, the work process, or b) the consequence of using the employee more or less than optimally. 1/E. Increased exposure: the concentration or degree of biological exposure (effect) indicators exceeding the biological limit values to be examined in the case of occupational chemical exposure defined in the Ministerial Decree on the Protection of the Health and Safety of Workers Exposed to the Effects of Chemical Pathological Factors in the employee's body during work, during the exercise of the occupation or in connection therewith, and in the case of noise at 4000 Hz, the 30 dB hearing loss in either ear. 1/F. Risk: the combined effect of the probability and severity of injury or damage to health in the emergency situation. 1/G. Road transport: moving by vehicle on waterways, air routes, railway lines, public roads, and any underground or above-ground route. 1/H. Psychosocial risk: the totality of the effects on the employee at his workplace (conflicts, work organization, work order, insecurity of the employment relationship, etc.) that influence his responses to these effects, and stress, work accidents, and organic (psychosomatic) illnesses of mental origin may occur in connection with this. 1/I. personal protective equipment EU declaration of conformity: the manufacturer's written statement that the personal protective equipment conforms to the model and to European Parliament and Council Directive 2016/425 of March 9, 2016 on personal protective equipment and repealing Council Directive 89/686/EEC complies with the regulations of the regulation. 1/J. personal protective equipment EU type test certificate : a document issued by a notified body defined in the Act on the Activities of Conformity Assessment Organizations to certify that the protective equipment complies with the provisions of Regulation (EU) 2016/425 of the European Parliament and of the Council based on the EU type test carried out on the sample. 2. Creation: the process that results in the creation of a new plant or workplace, or the renovation, expansion, conversion or installation of an existing plant, regardless of whether it is used for productive or non-productive purposes after its creation. 2/A. Prevention: measures taken or planned by the employer in any phase of the employer's activity, which aim to prevent or reduce work-related risks. 3. Accident at work: the accident that affects the employee during or in connection with organized work, regardless of its place and time and the degree of contribution of the (injured) employee. The accident occurs in connection with the work, if the employee is involved in work-related transport, material procurement, material handling, cleaning, organized company catering, occupational health services and other services provided by the employer, etc. during use. An accident occurring in connection with work (occupational accident) is not considered to be an accident that occurs to the injured person on the way from his apartment (accommodation) to his workplace, or from his workplace to his apartment (accommodation), unless the accident is on the employer's own property, leased or other it was made with a vehicle insured under a contract or other agreement. Mining occupational accident: the occupational accident that occurred at any employer during the performance of activities under the official supervision of the mine supervision. A work accident (mining work accident) is serious if a) the death of the injured party (a fatal work accident is also an accident in which, according to a medical expert's opinion, the injured party lost his life in connection with the accident within one year of its occurrence), the death of his fetus or newborn, permanent damage preventing him from leading an independent life; b) caused the loss or significant damage of a sensory organ, sensory ability, or reproductive ability; c) according to a medical opinion, a life-threatening injury or health damage; d) caused the loss of the greater part of a thumb or two or more fingers of a hand or foot, and caused severe amputation, or; e) caused a loss of the ability to speak or noticeable disfigurement, paralysis, or mental disorder. 4. Work equipment : any machine, device, tool or equipment that is used during work or used in connection with it (except: personal protective equipment). 5. Workplace: any free or closed space (including underground facilities, vehicles) where employees stay for the purpose of or in connection with work. The place of work of an individual entrepreneur who does not employ others and performs his work exclusively personally (even if he has founded an individual company) shall be considered as a place of work in terms of the provisions set forth in Section 9, Paragraph (2) of this Act. 5/A. Occupational hygiene tests: procedures suitable for detecting and quantifying the level of pathological (physical, chemical, biological, ergonomic, psychosocial) factors in the work environment, as well as the workload resulting from the work performed and the effects of the work environment, as well as tests that result in recommendations for the work and the to manage (reduce) health-damaging risks from the work environment. 5/B. Unable to work: an employee who is unable to work due to a condition related to an accident or health impairment and requiring medical treatment, regardless of whether or not he receives sick pay for this period. 6. Employee: a person performing work within the framework of organized work. 6/A. Occupational health and safety representative: a person chosen by the employees who, in cooperation with the employer, represents employee rights and interests related to safe and health-free work. 7. Occupational health and safety commissioning: the occupational health and safety procedure during which the operator is convinced that the given facility, workplace, technology, work equipment meets the occupational health and safety requirements and orders its operation. 8. Employer: the employer of the employee in the framework of organized work. An employer must be regarded as an employer who employs a temporary worker as a loaner, a seconded worker, who conducts practical training as part of vocational training, and an individual entrepreneur who does not employ others and performs his work exclusively personally (even if he has founded an individual company) within the scope of work. provisions for the protection of occupants [9. Section (2)] regarding. In the case of social work, the employer is the organizer of the social work. In the case of a foreign employer without a Hungarian tax number, the employer is the person or organization who exercises actual control or bears the main responsibility for the workplace, failing which, the person in whose territory the work takes place. 8/A. Vulnerable group: the employee category to which employees who belong to, due to their physical and mental characteristics and condition, are at increased risk of work-related risks, and who themselves may pose an increased risk during their work (e.g. minors, pregnant women, women who have recently given birth, lactating women and breastfeeding mothers , the elderly, people with altered working capacity). 9. Organized work: in the employment relationship - not including work in the framework of simplified employment in the employer's household of a natural person -, public employment, government service, political service, commissioner, public service, public employee legal relationship, tax and customs authority service in a legal relationship, in a professional and contractual service relationship, in a national defense employee legal relationship, in a law enforcement administrative service relationship, in the service relationship of a judge, in the service relationship of judicial employees, in the service relationship of the prosecutor's office, in the case of cooperative membership in an employment-type legal relationship, in the framework of direct cooperation based on membership in a social cooperative , in a school cooperative, in a cooperative of people at home with young children and in a public interest pensioner cooperative in the framework of personal contribution based on a membership agreement for external services, the specialized education framework in the vocational training institution or the dual training place, the student legal relationship during the practical training, the work done as a convict or as a detainee under another legal title, the public interest work applied during the infringement procedure, as well as the public interest work imposed in the criminal case, at the law enforcement agencies, the Parliamentary Guard, work performed in a service relationship at local government fire departments, as well as public interest volunteer activity according to the Act on Public Interest Volunteer Activity and social work organized (initiated, managed or approved) by the employer. 9/A. Site: The place where the activity (work) is carried out - different from the employer's headquarters - including the employer's branch office. 9/B. Working in the household of a natural person's employer: an employment relationship aimed solely at ensuring the conditions necessary for the daily life of the person and the persons living with him/her in his/her household, as well as his/her close relatives. 10. Restart: the re-commissioning of work equipment and technology that was previously put into operation from an occupational safety point of view, which for technical reasons has not been used continuously for more than 30 days, or on which a repair work process involving complete disassembly has been carried out. 11. Dangerous: the facility, work equipment, material/mixture, work process, technology (including activities involving exposure to physical, biological, chemical pathogenic factors) where the health, physical integrity, and safety of employees may be exposed to harmful effects in the absence of adequate protection. 12. Hazardous material: a) a substance classified as dangerous based on physical, health hazards or both properties based on Regulation 1272/2008/EC of the European Parliament and of the Council , or b) the chemical substance which, although it does not meet the conditions of classification defined in point a) , still poses a risk to the safety or health of employees due to its physico- chemical, chemical or toxicological properties and method of use or presence in the workplace, including any chemical substance , to which the Decree on the Protection of the Health and Safety of Workers Exposed to Chemical Pathological Factors sets a limit value. 12/A. Hazardous mixture: a mixture or solution containing one or more hazardous substances, which during classification is classified as hazardous in terms of physical, health hazards or both properties. 13. Source of danger: any factor appearing during or in connection with the work that may pose a danger or harm to the person performing the work or staying within the scope of the work. In particular, the following can be a source of danger: — the source of physical danger, including the = work tools, vehicles, transport and material handling equipment, their parts and their movement, movement of products and materials, = imbalance of structures, = slippery surfaces, = sharp, burr, uneven surfaces, edges and corners, = temperature of objects, = location of the workplace relative to the ground (floor) level, = level difference, = weightlessness, = air pressure, temperature, humidity, ionization and flow, = noise, vibration, infrared and ultrasound, = lighting, = electromagnetic radiation or field, = particle radiation, = electric circuit or static voltage, = aerosols and dusts in the air; — the dangerous substance (see point 12); — the biological hazard source, including the = microorganism and its metabolic product, = macroorganism (plant, animal); — physiological, nervous and psychological stress. 14. Employer interest representation means national employer interest representations and interest representation associations according to the Act on the National Economic and Social Council. 15. Employee interest representation means employee interest representations and interest representation associations according to the Act on the National Economic and Social Council. FINAL PROVISIONS Section 88 (1) This Act shall enter into force on January 1, 1994. (2) The Government is authorized to a) the occupational health and safety authority or authorities, as well as the national defense organization, a vocational training institution that is not classified as a national defense organization under the maintenance management of the minister responsible for national defense, in the asset management of the ministry led by the minister responsible for national defense, or on property used by the national defense organization on the basis of another legal relationship that serves national defense interests , an organized labor organization under the authority of the minister responsible for national defense, an economic company designated in a ministerial decree based on the law on national defense and the Hungarian National Defense and on measures that can be introduced in a special legal order, and with respect to law enforcement agencies, the Parliamentary Guard, and the municipal fire department, designate bodies performing occupational safety and health official tasks, and define their specific tasks and the different rules of the official procedure in a decree; b) make a decree on the occupational health service; c) establish in a decree the specialist fields of occupational safety and health experts, the detailed rules for carrying out occupational safety and health expert activity, the issuing of a license authorizing the activity, the legal consequences applicable in the event of non- compliance with the obligations prescribed by law for expert activity, as well as the record- keeping and the mandatory further training system for occupational safety experts detailed rules of procedure; d) establish in a decree the detailed rules regarding the amount and imposition of occupational health and safety fines; e) designate in a decree the labor protection authority for inmates in penal institutions, and also regulate the special and additional procedural provisions related to the administrative official procedure and official control carried out by this authority. f) establish in a decree the rules for the health protection and safety requirements and certification of personal protective equipment, as well as the licensing, notification, activities and control of organizations that evaluate the conformity of personal protective equipment; g) defines in a decree the rules for the registration and mandatory further training system of persons authorized to perform professional work safety activities. (3) The minister involved in his duties is authorized to a) in the case of extraordinary working conditions, as well as in the case of law enforcement bodies, municipal fire brigades, in relation to the work activities carried out in the legal relationship aimed at working, in the service relationship - taking into account the specifics of each body - occupational safety requirements, procedural rules, classification of activities into hazard classes other than those specified in this law, furthermore, it defines the rules for the reporting, investigation and classification of accidents, occupational diseases and cases of increased exposure in a sectoral decree; b) issues the Regulations (Section 11) for certain hazardous activities in agreement with the minister responsible for employment policy, in a decree. c) defined in a decree at the national defense organization, at a vocational training institution under the maintenance control of the minister responsible for national defense that is not considered a national defense organization, in the asset management of the ministry led by the minister responsible for national defense, or on property used by the national defense organization on the basis of another legal relationship, carrying out organized work in the interests of national defense organization, as well as the legal relationship for work, the legal relationship of a civil servant, the legal relationship of a national defense employee, the legal relationship of government service at a business company designated in a ministerial decree on the basis of the law on national defense and the Hungarian National Defense, and the measures that can be introduced in a special legal order, falling under the authority of the minister responsible for national defense , the legal relationship of political service, the legal relationship of commissioner, the legal relationship of public service, as well as the work performed within the framework of the service relationship, defined in this law occupational health and safety requirements that differ from those, the procedural rules, the classification of activities into hazard classes, as well as the procedure for issuing the official control directive and reporting on the experiences of official activities, for the representation of occupational health and safety interests, reconciliation of interests, and the reporting of accidents, occupational diseases and cases of increased exposure, rules for investigation and qualification. (4) The minister responsible for employment policy is authorized to a) is defined in the decree aa) ab) the application of workplace safety and health protection signs; ac) the classification of employers into a hazard class and the employment of an occupational health and safety specialist; ad) notification, investigation and registration of work accidents; ae) the condition for the initiation of the collective labor dispute by the occupational health and safety representative; af) the safety requirements of industrial alpine technical activity; its detailed rules; b) in agreement with the minister responsible for health and the minister responsible for the activity, determine in a decree the detailed rules of the qualification and practice required for working in hazardous situations; c) determined in a decree in agreement with the minister responsible for mining affairs ca) cb) occupational health and safety rules with regard to activities covered by the Mining Act; d) determined in a decree in agreement with the minister responsible for health da) workplace ergonomic aspects; db) the conditions of occupational health and safety commissioning - including the definition of dangerous work equipment, restarting and resettlement -; dc) the minimum level of occupational safety requirements for work tools and workplaces; dd) the minimum occupational health and safety requirements to be implemented at construction sites and during construction processes, the designation, duties and qualification requirements of the occupational safety coordinator; de) certain working conditions to be provided to the employee in order to work without endangering health [24. and § 25, 31–34. §], provisions; df) the selection of the work process, technology, work equipment, personal protection and material; dg) the minimum health and safety requirements for manual load handling, which primarily involves the risk of back injuries; dh) minimum health and safety requirements for working in front of the screen; di) protection against occupational carcinogens and the prevention of health damage caused by them; dj) the protection of workers exposed to asbestos-related risks; dk) protecting the health of employees exposed to biological factors; dl) authorizing the execution of individual work processes; dm) limiting the exposure time of employees employed among certain health-damaging risks; dn) the preparation of the rescue plan and the designation of the persons necessary for the rescue; do) dp) the conditions for the use of personal protective equipment, including the internal regulation of the allowance system; dq) dr) the conditions of the employee's employment related to safe and non-hazardous work and the obligations of the employees; ds) notification, investigation and registration of occupational diseases and cases of increased exposure; dt) the minimum level of labor protection requirements for workers on board sea fishing vessels; du) minimum occupational safety requirements for workplaces in potentially explosive environments; dv) e) in agreement with the minister responsible for tax policy, determine in a decree the obligation to pay the administrative service fee, the amount of the administrative service fee, and the payment detailed rules. (4a) The minister responsible for health is authorized to determine in a decree issued with the agreement of the minister responsible for employment policy a) the operation and tasks of the occupational health service, b) medical examination and opinion on occupational, professional and personal hygiene suitability, c) the purpose, material and organizational conditions of first aid at the workplace, the appointment, training and further training of persons, as well as the professional management and control of first aid detailed rules. (5) The minister responsible for employment policy is authorized, with the agreement of the minister responsible for health, to establish detailed rules on the protection of the health and safety of employees exposed to chemical pathogenic factors in a decree. (5a) The minister responsible for the police is authorized to, after seeking the opinion of the President of the Parliament, determine in a decree the occupational safety requirements, procedural rules, the classification of activities into the hazard class, other than those specified in this law, with regard to the work activities carried out in the legal relationship of the Parliamentary Guard in the legal relationship, in the service relationship, as well as the rules for reporting, investigating and classifying accidents, occupational diseases and cases of increased exposure. (5b) The minister responsible for penitentiary is authorized, in agreement with the minister responsible for justice and the minister responsible for employment policy, to establish occupational safety requirements for inmates in penal institutions that are different from those specified in this law in a decree, as well as for accidents, occupational diseases and increased rules for reporting, investigating and classifying exposure cases. (6) This law serves to comply with the following Community legal acts: Directive 89/391/EEC of the Council of the European Communities on measures to encourage the improvement of the safety and health protection of employees at work, Directive 96/71/EC of the European Parliament and the Council on the posting of workers in the case of provision of services, c) Council Directive 89/391/EEC on the introduction of measures to encourage the improvement of the safety and health protection of employees at work, and Council Directive 89/654/EEC on the lowest level of safety and health protection requirements to be observed at the workplace, Directive 2007/30/EC of the European Parliament and the Council in order to simplify and rationalize reports on practical implementation, Council Directive 89/391/EEC, its individual directives, and 83/477/EEC , 91/383/EEC , amending Council Directives 92/29/EEC and 94/33/EC , e) Council Directive 89/655/EEC on the minimum safety and health protection requirements for work tools used by employees during their work [second individual directive pursuant to Article 16 (1) of Directive 89/391/EEC ] , Directive 96/71/EC on the posting of workers in the context of the provision of services and on the amendment of Regulation 1024/2012/EU on administrative cooperation within the framework of the internal market information system (the IMI Regulation) of 15 May 2014 /67/EU European Parliament and Council Directive, g) European Parliament and Council Regulation 2016/425 of 9 March 2016 on personal protective equipment and the repeal of Council Directive 89/686/EEC , Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers exposed to risks related to chemical substances during their work , 1272 of December 16, 2008 on the classification, labeling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC , and amending Regulation (EC) 1907/2006 /2008/EC European Parliament and Council Regulation, j) Council Directives 92/58/EEC , 92/85/EEC , 94/33/EC and 98/24/EC, as well as European Parliament and Council Directive 2004/37/EC on the classification of substances and mixtures, Directive 2014/27/EU of the European Parliament and of the Council of 26 February 2014 on its amendment for the purpose of adapting it to Regulation (EC) No. 1272/2008 on labeling and packaging , k) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free flow of such data, as well as the repeal of Regulation 95/46/EC ( general data protection regulation), European Parliament and Council Directive (EU) 2017/2398 of December 12, 2017 amending Directive 2004/37/EC on the protection of workers exposed to risks related to carcinogens and mutagens during their work , European Parliament and Council Directive (EU) 2019/130 of January 16, 2019 amending Directive 2004/37/EC on the protection of workers exposed to risks related to carcinogenic or mutagenic substances during their work . (7) (8) § 89 CV of 2011 on the amendment of certain labor-related and other related laws for the purpose of legal harmonization . Act (hereinafter referred to as: the Amendment) , for the first time, a new occupational health and safety representative was appointed by the Amendment. to the occupational health and safety representative operating at the time of entry into force of this Act, Amendment No. until the end of its mandate according to the rules in force at the time before its entry into force, but no later than the Amend. must be elected within four years of its entry into force. § 90 (1) LXXIX of 2016 on the amendment of certain employment-related laws for the purpose of legal harmonization . 70/A established by law (hereinafter: Amendment 2.) Section (1) and (2) of Amendment No. 2. after its entry into force, at the employer where there is an elected occupational safety representative, it shall be applied during the election of an occupational safety representative following the expiration of the mandate of the occupational safety representative. (2) In the case of an employer where an occupational health and safety representative was not elected, Amendment 2 of this Act . 70/A established with § § (1) and (2) of the election of an occupational health and safety representative according to Amendment No. 2. must be kept within half a year after its entry into force. (3) Amendment 2 of this law . 82/D established with § of Amendment 2. shall be applied in administrative proceedings initiated after its entry into force. Annex 1 to the XCIII of 1993. to the law This paper is reported 1. Date of notification: 2. The whistleblower 2.1. name: 2.2. address: 2.3. mailing address: 2.4. phone number: 2.5. His e-mail address: 2.6. job title: 3. The employer 3.1. name: 3.2. address of its registered office: 3.3. county of seat: 3.4. tax number (in the absence of this: tax identification number) 4. The accident 4.1. place of occurrence (address): 4.2. time of occurrence: 4.3. County (according to the location of the accident): 5. Occupational disease / increased exposure 5.1. in case of the place of work: 5.2. in case of the position held: 5.3. in the case of the starting date of filling the position: 7. Reason for notification: 8. Explanation of the notification: ………………………………………. notifier's signature