Kontrola BOZP

Why OHS inspections are becoming stricter

Furthermore, as of January 2025, penalties have been tightened – the maximum fine for non-compliance with OHS has increased from CZK 500,000 to CZK 1 million. The focus is particularly on small and medium-sized enterprises, where statistics show a higher risk of non-compliance with regulations.​

For employers, this means that underestimating OHS obligations can have serious financial and legal consequences. Fines are only one side of the coin – in the event of a work-related injury caused by OHS non-compliance, the employer also faces liability for damages and non-pecuniary harm. ​

OHS inspections are one of several areas the inspectorate focuses on. An overview of what the Labour Inspectorate inspects overall, how inspections are conducted, and what penalties may be imposed can be found in our separate guide.

OHS Documentation: The Most Common Shortcomings

The absence or poor quality of OHS documentation is among the most serious and frequently identified shortcomings during inspections. Documentation is not merely an administrative formality – it serves as proof that the employer is fulfilling its legal obligations and protecting its employees from risks.​

What OHS documentation must contain

Statutory OHS documentation includes several key parts that must be tailored to the specific workplace. 

These primarily include:​

Risk assessment – a systematic identification of all hazards associated with work activities and the establishment of measures to eliminate or minimise them. This is a process where the employer analyses potential threats to employee health and determines which risks are acceptable and which require immediate correction. A common mistake is a superficial or formal assessment that does not reflect the actual conditions in the workplace.

Work categorisation – the classification of all work performed into four categories according to the level of risk. Category 1 work is the least risky, while Categories 3 and 4 include work with a high risk to health. The employer must submit the categorisation to the regional public health authority and obtain its approval for Categories 3 and 4. The absence of categorisation or its being outdated is among the common defects uncovered during inspections.​

Employee training records – every OHS training session must be properly documented, stating the date, content, participants, and verification of knowledge. The documentation serves as proof that employees have been familiarised with the risks and safe work procedures. Missing or incomplete records can lead to fines and, in the event of an injury, to significant legal problems.​

Traumatology plan – an internal directive setting out the procedure for emergencies such as work-related injuries, accidents, or fires. The plan must include contacts for emergency services, first aid procedures, and the names of persons responsible for handling crisis situations. This document must be displayed in a visible place and regularly updated.​

Injury logbook – a mandatory record of all workplace injuries, including those that do not result in sick leave of more than three days. The logbook records details about the injured employee, the date, time, place, and circumstances of the injury. For work-related injuries with sick leave longer than 3 days, the employer must prepare an injury report and send it to the relevant authorities.​

The reality is that proper maintenance of OHS documentation requires not only knowledge of current legislation but also continuous updates, which is a time-consuming burden for most companies.

Employee Training: A Formal Obligation or Real Protection?

OHS training is often perceived merely as an administrative duty to be checked off. The reality, however, is that inadequate or purely formal training is among the most common causes of work-related injuries. During inspections, inspectors find that while employees sign an attendance sheet, they do not actually internalise the principles of safe behaviour in the workplace.

What are the most common mistakes in training?

Lack of practical demonstrations – training limited to theoretical explanations without practical demonstrations of correct work procedures is not sufficiently effective. Employees should be familiarised not only with the risks but also with specific procedures on how to avoid them.

Unverifiable documentation – the absence of training records, missing signatures, or insufficiently specified training content can lead to fines during an inspection. The employer must keep records from which it is clear who conducted the training, when, what the content was, and who participated.

Insufficient familiarisation with risks – inspectors often find that employees have not been properly acquainted with the specific risks at their workplace. General information is not enough – training must be adapted to the specific conditions and activities the employee performs.​

Lack of knowledge verification – training must conclude with a verification of whether the employee has truly understood the safety procedures. Without this step, the effectiveness of the training cannot be proven.

It is important to realise that OHS training records must be archived for at least the entire duration of the employment relationship, but ideally for another 5 years after its termination. This evidence serves as proof for potential inspections, but primarily in the investigation of work-related injuries or in legal disputes.​

Inspections of Technical Equipment and MPBP: A Neglected Area

Regular inspections and checks of technical equipment are a legal obligation established by Government Regulation No. 378/2001 Coll. Nevertheless, insufficient or completely missing inspections are among the common shortcomings identified during OHS inspections.​

What equipment is subject to mandatory inspections?

Electrical equipment – work machinery and electrical installations must be inspected at intervals specified by the ČSN 33 1500 standard, typically once every 12 months. Without accompanying documentation or if it is insufficient, a local operational safety regulation (MPBP) must be drafted.​

Lifting and transport equipment – cranes, lifting platforms, hoists, and conveyors must be regularly inspected and checked. Shortcomings in this area can lead to serious injuries, which is why inspectors pay increased attention to the inspection of this equipment.​

Pressure vessels and gas equipment – their operation requires regular checks and inspections by a professionally qualified person. The absence of these inspections is considered a serious violation of safety regulations.

Racks and storage systems – even storage racks are subject to regular checks for stability and load capacity. Missing load capacity markings or damaged racks pose a risk of material falling and endangering employees.​

What is a local operational safety regulation?

An MPBP is an employer's regulation governing work and technological procedures for specific equipment or a workplace. It is drafted where accompanying documentation from the manufacturer is missing or insufficient, or where a risk assessment requires it. The MPBP must contain a description of safe operation, responsible persons, training requirements, prohibited activities, and procedures for maintenance and inspections.​

The reality is that without up-to-date accompanying documentation, a proper inspection of technical equipment cannot be performed, nor can risks be correctly assessed. For older equipment that does not meet current standards or lacks a CE marking, drafting an MPBP is mandatory. During inspections, inspectors often find that employers operate equipment without an MPBP or with a regulation that does not correspond to the actual situation.​

It is important to realise that a subsequent check of operational safety must be carried out at least once every 12 months. The absence of these checks or failure to perform them within the statutory deadlines can lead to fines and, in the event of an injury, to liability for damages.​

Personal Protective Equipment: Not all PPE is created equal

Providing personal protective equipment (PPE) is a fundamental duty of the employer, as stipulated by Section 104 of the Labour Code. Nevertheless, shortcomings in this area are among the most common findings during inspections.​

The most common mistakes in providing PPE

Failure to provide or incorrect selection of PPE – the employer must provide PPE free of charge based on their own list prepared according to a risk assessment. The PPE must be suitable for the specific risks and must not endanger the employee's health. The use of unsuitable or low-quality equipment is considered a serious violation.​

Lack of supervision of use – the employer is not only obliged to provide PPE but must also check whether employees actually use it. Supervisory employees should be designated in writing to carry out these checks.

Incorrect record-keeping – the employer must keep a record of the PPE issued to each employee. The record must include the type of equipment, the date of issue, and information about replacement.​

Improper maintenance and insufficient condition checks – PPE must be regularly inspected and replaced if it has lost its functional properties or its manufacturer-specified service life has expired. All protective equipment is subject to inspection at least once a year.​

Failure to incorporate into OHS documentation – the provision of PPE must be regulated in the employer's internal regulations, which specify the conditions for provision and the persons responsible for issuing and checking PPE.

In practice, you may find that employees do not use PPE for various reasons – for example, because it hinders their work, is uncomfortable, or is not adapted to their needs. However, this does not relieve the employer of the obligation to ensure that employees use it. On the contrary, a lack of supervision or tolerance of violations of these rules can lead to liability in the event of a work-related injury.​

The ARROWS law firm provides legal analysis of PPE obligations, preparation of directives and record sheets, and training for managers. Need legal assistance? Contact our office.

How an inspection from the Labour Inspectorate proceeds

An OHS inspection may be announced in advance, but inspectors also have the right to conduct unannounced inspections. Most common are random inspections as part of the inspection activity plan, inspections based on employee complaints, or in connection with a work-related injury.​

What the inspector will check during an inspection

OHS documentation – the inspector will request to see the risk assessment, employee training records, work categorisation, PPE provision documentation, injury logbook, technical equipment inspection reports, and records of occupational medical examinations.​

Workplace condition – a physical inspection includes checking the safety of machinery and equipment, the use of PPE, the passability of escape routes, the marking of hazardous areas, and the overall condition of the workplace from an OHS perspective.​

Adherence to work procedures – the inspector determines whether employees are following established procedures and are aware of the risks. They may request interviews with employees or managers.

Work environment – the inspection focuses on compliance with limits for noise, dust, vibrations, and microclimatic conditions.​

At the end of the inspection, the inspector communicates the findings and any shortcomings. If they find a breach of obligations, they may impose corrective measures with a deadline, issue a fine, or, in case of immediate danger, order a ban on the operation of the equipment or workplace.​

It is important to realise that the legal aspects of OHS are much more complex in practice than they may seem at first glance. Individual steps that appear simple have hidden exceptions, procedural details, links to other regulations, and risks that a layperson often does not see. Therefore, it is better to entrust the entire agenda to experts who deal with it daily.

The ARROWS law firm is insured for damages up to CZK 500,000,000, which means maximum security and the assurance of a professional solution for you. We also commonly partner with in-house lawyers to resolve special matters.

In addition to occupational safety, the inspectorate also checks employment law documentation. We cover how a Labour Inspectorate inspection proceeds regarding employment contracts and records separately.

Sanctions and Fines: What non-compliance with OHS can cost you

Financial penalties for non-compliance with OHS regulations can be ruinous for companies. As of January 2025, the maximum fine has increased from CZK 500,000 to CZK 1 million. The specific amount of the fine depends on the severity of the violation, the degree of risk to employee health, and whether it is a repeated violation.​

Overview of sanctions by severity of violation

Fines up to CZK 200,000 – may be imposed for offences such as insufficient records of working hours, missing OHS documentation, or failure to address an employee's complaint.​

Fines up to CZK 300,000 – are possible for failing to ensure the safety of individuals in the workplace, not providing PPE, or failing to comply with obligations during an inspection.

Fines up to CZK 1,000,000 – are imposed for serious violations, such as enabling illegal work, failing to use the written form for an employment contract, or violating obligations related to agency employment.​

Fines up to CZK 2,000,000 – the highest sanctions are reserved for the most serious cases, for example, for repeated violations of obligations, failure to pay wages by the set deadlines, or operating specified technical equipment without authorisation.​

In addition to financial fines, the inspector may also impose a ban on activities, or revoke a licence or certificate. In the event of an immediate threat to health, an immediate ban on the operation of a machine or workplace may be ordered.​

It is important to realise that fines are only one part of the problem. In the event of a work-related injury caused by OHS non-compliance, the employer faces liability for health damage and non-pecuniary harm. If the cause of the damage was alcohol or another addictive substance on the part of the employee and the employer ensured sufficient supervision, the employer may be exempted from liability. However, without verifiable documentation and a system of checks, this is not possible.​

The ARROWS law firm provides representation in administrative proceedings before the Labour Inspectorate, appeals against fines, and legal risk analysis. Our portfolio includes more than 150 joint-stock companies, 250 limited liability companies, and 50 municipalities and regions. We pride ourselves on speed and high quality. For an immediate solution to your situation, write to us.

Alcohol and addictive substances: an underestimated risk

The obligation of employees not to consume alcoholic beverages and not to abuse other addictive substances at the workplace, and not to enter the workplace under their influence, is stipulated in Section 106(4)(e) of the Labour Code. The employer must ensure compliance with this obligation under the threat of a fine of up to CZK 300,000.​

Who can conduct checks and how

Checks for alcohol or other addictive substances can be carried out by the employer or a supervising employee designated in writing by the employer. However, checks cannot be random – the employer must have a reasonable suspicion that the employee is under the influence of alcohol or another substance.​

The employee is obliged to submit to the check. If they refuse the check without serious reason, they may be warned of the possibility of dismissal, or their employment may be terminated immediately. In the case of a work-related injury where alcohol was the sole cause of the damage, the employer is fully exempted from the obligation to compensate for the damage.​

The reality is that many employers do not have a system of checks for alcohol or other addictive substances, which exposes them to risk. If a work-related injury occurs and it is subsequently discovered that the employee was under the influence of an addictive substance, the employer may be penalised for failing to adequately ensure workplace safety.​

The ARROWS law firm helps clients with the preparation of internal directives for checks on alcohol and addictive substances, the designation of responsible persons, and the training of managers. Get in touch with us and receive a tailored legal solution.

Fire Protection: An Integral Part of OHS

Ensuring fire protection is an obligation for all legal entities and individuals. The scope of obligations depends on the classification of the activity into a fire hazard category – low, increased, or high. Companies operating activities with an increased or high fire hazard must prepare fire protection documentation.​

What must fire protection documentation contain

Classification into a fire hazard category – an assessment of which fire hazard category the operated activity falls into.​

Fire regulations – governs the basic principles of ensuring fire protection, contains instructions for preventive fire patrols, and an overview of the location of fire extinguishers and escape routes.

Fire alarm directives – instructions for employee actions in the event of a fire.

Evacuation plan – sets out the procedure for the safe evacuation of people from the building.​

Fire logbook – a record of employee training, records of regular documentation checks, and reports on the service and inspection of fire-fighting equipment.

Non-compliance with fire regulations can have serious consequences – the Fire Rescue Service can impose a fine of up to CZK 1,000,000. In addition to financial penalties, in the event of a fire, there is also liability for damage to health and property.​

Occupational Medical Examinations and Work Categorisation

The employer is obliged to arrange a medical examination for an employee before they start employment and to subsequently arrange periodic, extraordinary, exit, and follow-up examinations. In addition, they must have a written contract for the provision of occupational medical services, otherwise they face a fine of up to CZK 1,000,000.​

What examinations are mandatory

Pre-employment examinations – are mandatory for work classified in Category 2 and above or work associated with occupational risks (e.g., working at heights, driving forklift trucks, night work). For work in Category 1 without occupational risks, a pre-employment examination is not mandatory.​

Periodic examinations – their frequency depends on the work category, the risk of health endangerment, and the employee's age. The higher the category and risk, the more frequently the examinations must be performed.​

Exit examinations – are mandatory, for example, for work classified in risk Category 2, 3, or 4, or if an occupational disease was recognised during the period of work.

The deadlines for periodic examinations are determined based on the work categorisation, the risk of health endangerment, and the employee's age. Shorter intervals are set for employees over 50 years of age.​

In practice, you may find that work categorisation is a complex process requiring the measurement of risk factors in working conditions and cooperation with public health authorities. The employer must submit the categorisation to the regional public health authority and obtain approval for work in Categories 3 and 4. Without proper categorisation and a concluded contract for occupational medical services, high fines are a risk.

The ARROWS law firm offers legal advice on work categorisation, preparation of proposals for classification into categories, and securing contractual relationships with providers of occupational medical services. Do not hesitate to contact our office.

How to avoid problems: preventive measures

The best protection against fines and sanctions is prevention. The employer should regularly conduct internal OHS checks, keep documentation up to date, and ensure ongoing employee training.​

What you can do to minimise risks

Regular internal audits – systematic review of OHS documentation, the condition of workplaces, adherence to work procedures, and the use of PPE. Internal checks help to identify shortcomings before an inspector discovers them.​

Updating documentation – OHS documentation must correspond to the actual situation in the workplace and be regularly updated when conditions change. Remember that outdated documentation is just as problematic as missing documentation.​

Systematic training – ensure that training is not merely formal but includes practical demonstrations and an individual approach. Verify that employees have truly understood the risks and safe procedures.​

Supervision of PPE compliance – set up a system of regular checks to ensure that employees use the assigned protective equipment, and ensure its maintenance and timely replacement.

Cooperation with experts – use the services of a professionally qualified person in risk prevention or a professional company that provides OHS services. Experts can identify risks that may escape the attention of a layperson.​

It is important to realise that the issue of OHS is so complex and dynamic that managing it in-house is time-consuming and technically demanding for most companies. The ARROWS law firm deals with this agenda daily and can therefore significantly save clients' time and minimise the risk of errors.

Our portfolio includes more than 150 joint-stock companies, 250 limited liability companies, and 50 municipalities and regions. We pride ourselves on speed and high quality. Our lawyers have experience in providing long-term services and can respond to complex legal situations effectively and professionally. Our experience and the fact that we are insured for damages up to CZK 500,000,000 play an important role for our clients.

If you are dealing with cases with an international element, we provide legal services outside the Czech Republic thanks to the ARROWS International network, which has been built over ten years. We handle cases with an international dimension on a virtually daily basis and can help you abroad as well.

Conclusion: safety is not an accident, it is the result of care

An OHS inspection does not have to be a stressful affair if you have your obligations in order. The most common mistakes that inspectors uncover relate to insufficient or outdated documentation, formal training with no practical benefit, a lack of inspections of technical equipment, and inadequate provision of PPE. All these problems can be prevented with systematic preparation and regular checks.

OHS inspections are one of several areas the inspectorate focuses on. An overview of what the Labour Inspectorate inspects overall, how inspections are conducted, and what penalties may be imposed can be found in our separate guide.

Employers should realise that OHS obligations are not just an administrative burden, but a real protection of the health and lives of employees. Non-compliance with regulations can lead not only to high fines but, in the event of a work-related injury, also to liability for damages and non-pecuniary harm.​

The ARROWS law firm offers comprehensive legal services in the field of OHS – from the preparation of documentation, through audits and training, to representation during inspections by the Labour Inspectorate and in administrative proceedings. Our lawyers have extensive experience with this issue and can help you avoid mistakes that could be ruinous for your company.

If you do not want to risk mistakes, damages, or fines, you can safely entrust the entire matter to ARROWS. We are insured for damages up to CZK 500,000,000, which means maximum security and the assurance of a professional solution for you. We also commonly partner with in-house lawyers to resolve special matters.