STANDARD SUMMARY PROJECT FICHE FOR THE TRANSITION FACILITY

Transcription

1 STANDARD SUMMARY PROJECT FICHE FOR THE TRANSITION FACILITY 1. Basic Information 1.1 CRIS Number: 2005/017/ Title: Strengthening of Labour Inspection Administration 1.3 Sector: Employment, Social Affairs, Health 1.4 Location: Czech Republic 2. Objectives 2.1 Overall Objective: The existence of a functioning market economy as well as the capacity to cope with competitive pressure and market forces within the Union; The ability to take on the obligations of the EU membership including adherence to the aims of political, economic and monetary union. 2.2 Project purpose: To assist the Czech Occupational Safety Office (COSO) in its preparation for enforcement of extended responsibilities resulting from the new harmonised legislation. New Act on Labour Inspection supposes to transfer some responsibilities from Labour Offices to COSO. 2.3 Justification: According to the new Act on Labour Inspection, which was rejected by the Senate and returned to the Chamber of Deputies (after the Chamber of Deputies approves it still has to be approved by the President), the COSO needs to cover the demand of inspector s knowledge and also of technical equipment. It has to be approved by the Senate and the President. It is expected that it will be approved in the first half of 2005 and effective as of July Extended responsibilities of the COSO and the inspectors set in the new act will have to be reflected in the increase of the number of inspectors and clearly related to the necessity of trainings and adjustment of new offices connected with computerising. Higher number of inspectors results from the transfer of some competences from the Labour Offices to the system of present COSO. In reality it represents training of the present 250 inspectors in the field of labour la w and 100 new inspectors in the field of labour inspection and labour law as well. Reference to the CMR on the Preparation of the Czech Republic for Accession, EC November 2003: Chapter 13: Social policy and employment: In the area of health and safety at work, most of the legislation has been transposed. Further legal adjustments are necessary with regard to the Framework Directive. Moreover, transposition needs to be completed in the areas of work place requirements, work equipment, temporary or mobile construction sites, workers potentially at risk from explosive atmospheres, medical treatment on board vessels and work at height (new acquis). The National Labour Inspectorate is in place, but need further strengthening, in particular as regards computerisation. Co-operation and co-ordination between the occupational safety inspection and health at work inspection bodies should be considerably improved. The use of risk premiums to compensate for hazardous working conditions should be abolished. 3. Description 3.1 Background and justification: The necessity to create a system of lifelong learning in connection with the new Act on Labour Inspection resulted from extended responsibilities of the COSO. After the adoption of the new Act on Labour Inspection approximately 100 new inspectors will be transferred from the existing Labour Offices to the Regional Occupational Safety Inspectorates (ROSI). These new inspectors will need training in the general responsibilities of Labour Inspection. Following amendment of the Labour Code, the Czech Occupational Safety Office (COSO), an institution governed by the Ministry of Labour and Social Affairs, prepared the Act on Labour Inspection and will need to finalise the enforcement guidelines, based on the revised legislation. It is expected that the Act will be effective from July 1, The main principles are the following: Obj. 5- Labour Insp.doc 1

2 The legislation harmonisation process has been finished and the phase of effective enforcement should follow. This will require the state administration bodies be prepared. The system of Labour Inspection bodies will be redefined with a new State Labour Inspection Office established. Newly defined rights and responsibilities of inspectors and of inspected bodies. The above-mentioned Act widens the responsibilities of the COSO and the ROSI. The extended responsibilities include the Labour law and working conditions, e.g. job contracts, working hours, etc. The proposed Supply of Equipment is essential for the inspectors to be able to issue an inspection protocol onsite including the documentation of the shortcomings, reasons of the work accident, etc. 3.2 Linked activities: The project will be linked to the Phare projects: CZ Strengthening Regulation/Enforcement of Occupational Health and Safety Acquis and CZ Completion of Institution Building for Labour Inspection which covered needs in three important areas: - Monitoring of labour inspection efficiency, - Inspectors preparation for the new function trainer, - Preparation and realization of campaigns. The main objectives of the project were to learn how to implement campaigns, how to measure efficiency of labour inspections and how to prepare inspectors for their new role trainers. Due to the short time of project realization (12 months) all these activities were not fully worked out and sufficiently trained. Recommendation was to continue in these activities. Budget of the project was 400,000 Euro. This project will continue in all three activities of the project. The one of main recommendation from those projects was to develop the lifelong learning system of the OHS inspectors and to extend the number of trainers (from the existing inspectors) via organisation of their training and to improve by this training the COSO s knowledge management system. Another recommendation mentioned the need for development of new manuals both universal for new labour inspectors coming from Employment Offices and specialized manuals on labour-law relations developed for labour inspectors in relation with their increasing competency. Another recommendation was to continue on train-the-trainers training, which also will be realised. 3.3 Results: Twinning: Additional recommendations for finetuning legislation resulting from the analysis of the new situation after the adoption of the new Act prepared. New COSO s internal manuals and guidelines according to the new Act created ((1) universal manual on occupational safety for Labour Inspectors, (2) manual dealing with increased responsibilities of Labour Inspectors related to the labour-law relations) 100 new staff according to the new legislation transferred to COSO and trained (methodology of training, training in respective area, training in related EU legislation) Trainers trained in methodology of training in the respective area The lifelong learning system of inspectors created and operational Existing inspectors trained in the field of their extended responsibilities stipulated in the new Act Supply of equipment: The equipment delivered and made operational. 3.4 Activities: The activities of the project will be realised under the following two components: (1) Twinning (0.450 M ) Analysis of the legislation in respect to the new Act of Labour Inspection targeted at Labour Offices competencies related to the collective agreements, employment contracts, working hours, holiday which means labour-law relations is necessary for revision of current provisions, which will need to be modified since the new Act will be valid. Obj. 5- Labour Insp.doc 2

3 Drafting of internal COSO documents, reflecting the new Act for Labour inspectors - ((1) universal manual on occupational safety for Labour Inspectors, (2) manual dealing with increased responsibilities of Labour Inspectors related to the labour-law relations) Developing a manual for inspectors of occupational safety, a new conception of inspection and relevant trainings. - Manual is needed for the smooth and efficient performance of inspections. Therefore all inspectors should have such manual according to the new Act. Training in new competencies in labour inspection to be held for all COSO transferred, newly recruited and existing staff ( people) as well as for 100 transferred inspectors Training of trainers in methodology in respective area Design and implementation of the lifelong learning system for inspectors Analysis of the required equipment for easier performance of inspections Assessment of the equipment needs for inspectors, drafting the specification. The Experts profile: Resident Twinning Advisor (12 man-months), shall have university degree, at least 10-year experience in the Occupational Health and Safety (OHS) and activities related to the project, conceptual and system thinking, ability to lead a team, ability to take technical and personnel decisions. Short Term Experts (approximately 7 man-months) For analysis, recommendation and overall coordination and delivering the project outputs. Experts must have minimum 5 years of practical experience in the field related to the project, i.e. experience with methodology of training, with training generally, with training of trainers, plus specialized knowledge and experience in relevant field of activity knowledge of relevant legislation, knowledge of occupational safety problems and solutions, ability to identify risks in this field. Working language is English. (2) Supply of equipment (TF M ) Supply, delivery and installation of equipment essential for inspections and issuing the inspection protocols onsite, specified in Annex 4. (3) Supply of equipment (Czech Co-financing M ) The required equipment will be needed for the inspectors, who will have wider responsibilities resulted from the new Act of Labour Inspection. (See Annex 4) 3.5 Lessons learned: The project will build upon the experience and outcomes of the preceding projects and will be in line with their recommendations As there is a continued need for the activities started in the last Phare project (see 3.2 above) these should be further adjusted and covered by this project. 4. Institutional Framework Ministry of Labour and Social Affairs (MoLSA) The MoLSA is the central department of the State administration and is responsible for labour relations, occupational safety, employment and training, collective bargaining, civil service, wages and other forms of remuneration, pensions and sickness insurance, social protection, family and child affairs, care for vulnerable groups and other issues of wage and social policy. The number of MoLSA staff is approx. 550 persons. Czech Occupational Safety Office (COSO) The Act No. 174/1968 Coll. on the State Professional Inspection defines the scope of activities of the COSO over Safety at Work. In accordance with this Act, the COSO reports to the MoLSA and manages the Occupational Safety Inspectorates and State Professional Inspection organisations established by the MoLSA. Its Chairperson heads the COSO; the Occupational Safety Inspectorates are headed by Senior Inspectors. These officials are appointed and recalled by the Minister of Labour and Social Affairs. The COSO and Regional Occupational Safety Inspectorates (ROSI) have sufficient legal powers to enforce valid legal regulations similar to the powers of comparable authorities in EU countries. The Occupational Safety Inspectorates are authorised to remedy improper conditions by means of administrative proceedings, and to enforce such remedies (set deadlines for removing defects, remove defective machinery from operation, forbid Obj. 5- Labour Insp.doc 3

4 incorrect technology or work activities, impose sanctions on individuals as well as enterprises). Inspectors have been introduced to and educated in the labour inspection system of the EU member countries, according to the relevant EC directives, for several years now; a new model of inspection is being prepared, and the process of securing the necessary technical resources for labour inspection is gradually being completed. The number of COSO staff is approx. 450 persons including the regional branches. Steering Committee (SC) The Steering Committee will be established. It shall be composed of representatives of the CFA and CFCU, representative of the Ministry of Labour and Social Affairs, representative of the Czech Social Security Administration and project leaders. The SC will meet every three months. Final beneficiary The owner of the assets after the project completion will be the COSO Regional Labour Inspectorates. 5. Detailed Budget (in M ): M Transition Facility support Co-financing Year 2005 (1) Twinning contract (2) Supply of Investment Support Institution Building Total Transition Facility (=I+IB) National Public Funds (*) Other Sources (**) Total cofinancing of the project * Total Cost (TF plus co financing) equipment Total (*)There will be parallel co-financing from the state budget chapter No. 313, MoLSA. The parallel co-financing will enable to purchase the additional equipment still needed for the implementation of the project and to cover it from the Czech resources 6. Implementation Arrangements 6.1 Implementing Agency The Central Finance and Contracting Unit (CFCU) is the Implementing Agency responsible for administrative and financial implementation of the project (tendering, contracting, payments). The contact person is Mr. Jan Slavícek, Programme Authoring Officer (PAO), phone , fa x , jan.slavicek@mfcr.cz; postal address: Ministry of Finance, Letenská 15, Prague 1. The main beneficiary is Czech Occupational Safety Office (COSO). The Contact Person at COSO is Mr Jaromír Elbel, Chairman, tel , fax , e- mail jaromir.elbel@cubp.cz; address: Ve Smeckách 29, Prague 1. The Centre for Foreign Assistance (CFA) is fully responsible for overall monitoring and evaluation of project implementation. Main contact person is Ms. Jana Hendrichová, director of the CFA, phone , jana.hendrichova@mfcr.cz; postal address: Ministry of Finance, Letenská 15, Prague Twinning: Responsibility for technical aspects related to preparation, implementation and control rests with the beneficiary institution, which is the Ministry of Labour and Social Affairs. The Contact person at MoLSA is Mr Cestmír Sajda, Deputy Minister of the European Union and International Relations Section, Ministry of Labour and Social Affairs, tel , fax , cestmir.sajda@mpsv.cz; address: Na Porícním právu 1, Prague 2. Obj. 5- Labour Insp.doc 4

5 The main beneficiary is COSO. The Contact Person at COSO is Mr Jaromír Elbel, Chairman, tel , fax , e- mail jaromir.elbel@cubp.cz 6.3 Non-standard aspects : n.a 6.4 Contracts (1) Twinning Contract M (2) Supply Contract -TF M (3) Supply Contract Czech co-financing 0,030 M 7 Implementation Schedule 7.1 Start of tendering/call for proposals Twinning 4Q/2005 Supply of Equipment 1Q/ Start of project activity Twinning 2Q/2006 Supply of Equipment 3Q/ Project Completion Twinning 2Q/2007 Supply of Equipment 4Q/ Sustainability All project results will be used after the project finishes. 9 Conditionality and sequencing The adoption of the new Act on Labour Inspection is the main precondition for the project start. ANNEES TO PROJECT FICHE 1. Logframe planning matrix 2. Detailed implementation chart 3. Contracting and disbursement schedule 4. Indicative table of equipment Obj. 5- Labour Insp.doc 5

6 LOGFRAME PLANNING MATRI Project title: Strengthening of Labour Inspection Administration ANNE 1 Programme name and number: TF CZ 2005 Contracting period expires: Total budget: M Overall objective Objectively verifiable indicators Sources of Verification Acknowledgement by the European Commission. Relevant EC reports and The existence of a functioning market economy as well as the documents capacity to cope with competitive pressure and market forces within the Union; The ability to take on the obligations of the EU membership, including adherence to the aims of political, economic and monetary union Disbursement period expires: TF contribution: M Project purpose Objectively verifiable indicators Sources of Verification Assumptions - To assist the Czech Occupational Safety Office (COSO) in thei preparation for enforcement of extended responsibilities resultin from the new harmonised legislation Increase of the Occupational Health and Safety system performance as a result of the improvement of its basic subsystems. Capacity of inspection's subsystems will rise by 10 % (the higher number of inspections done). Increase of the COSO and Regional Labour Inspection performance by the end of the project System documentation COSO statistics Statistics report (national statistics) Annual reports Results Objectively verifiable indicators Sources of Verification Assumptions Twinning: Twinning Project quarterly reports Additional recommendations for finetuning legislation and final report resulting from the analysis of the new situation after the The analysis drafted and accepted by COSO by 3 Q / 2006 Documentation, manuals, adoption of the new Act prepared. Quarterly reports, Final report presentations and training New COSO s internal manuals and guidelines according Internal documents prepared and accepted by COSO by documents to the new Act created ((1) universal manual on 4.Q/2006 Quarterly reports, Final Report ISR submitted twice a year Co-financing occupational safety for Labour Inspectors, (2) manual Approx. 200 trained inspectors passed the test and are Monitoring reports dealing with increased responsibilities of Labour certified the number of inspections done. debriefed by SMSC every 6 Inspectors related to the labour-law relations) The lifelong learning system of inspectors adopted by the months 100 new COSO staff according to the new legislation board of COSO directors transferred and trained (methodology of training, training in respective area, training in related EU legislation) Trainers trained in methodology of training and in respective area The lifelong learning system of inspectors created and Obj. 5- Labour Insp.doc 6 All tasks under umbrella of this Project are effectively coordinated and all people involved are well informed. from domestic funds is secured

7 operational. Existing inspectors trained in the field of their extended responsibilities stipulated in the new Act. Supply of Equipment Supply of equipment: Equipment in place and operational The equipment delivered and made operational. Activities Means Assumptions 1. Twinning (0.450 M ) All tasks under RTA for 12 months, approx. 7man-months of STEs umbrella of this project are 2. Supply of Equipment (0.080 M ) (1) Twinning Analysis of the legislation in respect to the new Act of Labour Inspection targeted at Labour Offices competencies related to the collective agreements, employment contracts, working hours, holiday which means labour-law relations is necessary for revision of current provisions, which will need to be modified since the new Act will be valid. Drafting of internal COSO documents, reflecting the new Act for Labour inspectors - ((1) universal manual on occupational safety for Labour Inspectors, (2) manual dealing with increased responsibilities of Labour Inspectors related to the labour-law relations) Developing a manual for inspectors of occupational safety, a new conception of inspection and relevant trainings Manual is needed for the smooth and efficient performance of inspections. Therefore all inspectors should have such manual according to the new Act. Training of COSO transferred or newly recruited and existing staff ( people) in the part of new competencies for the existing staff and 100 transferred inspectors will need wider training also in the basic labour inspection. Training of trainers in methodology and in respective area Design and implementation of the lifelong learning system for inspectors Analysis of the required equipment for easier performance of inspections. Assessment of the equipment needs for inspectors, drafting the specification (2) Supply of equipment Supply, delivery and installation of equipment essential for inspections and issuing the inspection protocols on-site, specified 3. Supply of Equipment - Czech co-financing (0.030 M ) Obj. 5- Labour Insp.doc effectively coordinated and all people involved are well informed. The new staff recruited.

8 in Annex 4. Preconditions: The main precondition before the project start is the adoption of the new Act of Labour Inspection. The start of the supplies component of the project is preconditioned and depends on a detailed needs analysis, which will justify the purchase of both the HW and SW as directly related to the activities and goals of this project. The needs analysis will be provided in 2005 Obj. 5- Labour Insp.doc 8

9 ANNE 2 DETAILED IMPLEMENTATION CHART Project Title: Strengthening of Labour Inspection Administration Year Action J F MA MJ J A S O N D J F MA MJ J A S O N D J F MA M J J A S O N D 1) Twinning contract Start of tendering Start of project activity Project completion 2) Supply contract Start of tendering Start of project activity Project completion Obj. 5- Labour Insp.doc 9

10 ANNE 3 CONTRACTING AND DISBURSEMENT SCHEDULE Cumulative Quarterly Contracting Schedule (M ) Project Title 3Q/05 4Q/05 1Q/06 2Q/06 3Q/06 4Q/06 1Q/07 2Q/07 3Q/07 4Q/07 Total Strengthening of Labour Inspection Administration Cumulative Quarterly Disbursement Schedule (M ) Project Title 3Q/05 4Q/05 1Q/06 2Q/06 3Q/06 4Q/06 1Q/07 2Q/07 3Q/07 4Q/07 Total Strengthening of Labour Inspection Administration Obj. 5- Labour Insp.doc 10

11 ANNE 4 INDICATIVE TABLE OF EQUIPMENT Item Pieces Price per unit ( ) Digital camera 85,00 Approx ,000 Notebook 60,00 Approx ,000 Transition Facility support 80,000 Notebook 25,00 Approx ,000 Czech co-financing 30,000 Total Price ( ) Total in M M The detailed needs analysis for the investment part of the project will be prepared during this year.. The need of the above specialized equipment results from wider responsibility and increase of staff of the COSO and ROSI staff according to the new Act of Labour Inspection. The increase in the number of employees is 100 persons. Obj. 5- Labour Insp.doc