BOZP for small companies and sole traders — obligations from the first employee

The safety service (BTS) is mandatory under § 21 of Act No. 124/2006 Coll. from the first employee. It may be performed by in-house qualified employees or contracted from a person holding an authorisation from the National Labour Inspectorate (NIP). For small companies, the key exception is in § 22 ods. 6: an employer — a natural person or statutory representative — may perform the professional duties of the safety technician at their workplaces personally, provided they are professionally competent and simultaneously:

• employs fewer than 5 employees, if their SK NACE code is listed in Annex No. 1 (high-risk activities), or
• employs fewer than 19 employees, if their SK NACE code is not in Annex No. 1.

Even when the director meets the conditions, many companies choose an external safety service — they save time, have the assurance of up-to-date amendments and representation during inspection without gaps during holidays or sick leave.

The obligation to draw up, evaluate and update in writing the BOZP policy framework and its implementation programme under § 6 ods. 1 písm. k) of Act No. 124/2006 Coll. does not apply to an employer who employs fewer than 11 employees and whose economic activity code is not listed in Annex No. 1. This is a cumulative exemption — both conditions must be met simultaneously.

For most micro and small companies this means they do not need to draw up this document. The other obligations (risk assessment, training, OOPP, PZS) however apply regardless of the number of employees.

A sole trader without employees is not an employer. Act No. 124/2006 Coll. applies to them under § 2 ods. 2 písm. b) only to the extent necessary to ensure safety — to take care of their own safety and the safety of their work equipment. They have no obligation to have a contracted safety service, to train employees or to maintain the full scope of employer documentation.

Health risk assessment and the preparation of a risk opinion with categorisation of work is mandatory from the first employee under § 30 of Act No. 355/2007 Coll. — regardless of the number of employees and the work category. For employees in categories 1 and 2, some activities of the occupational health service (PZS) may also be performed by a safety technician, a public health officer or a contracted firm holding an authorisation from the public health authority — a more expensive team with a specialist doctor is not required.

Data on employees in category 2 are reported electronically to the competent RÚVZ (Regional Public Health Authority) annually by 15 January; the risk assessment for category 2 is updated at least once every 18 to 24 months.

Obligations in the area of fire protection (OPP) under § 4 of Act No. 314/2001 Coll. apply to every legal entity and entrepreneur — preventive fire-safety inspections, fire extinguishers in working order, training and OPP documentation. The documentation, training and inspections must be handled by a fire protection technician (TPO) — the company cannot carry them out on its own.

A limited exemption applies only to entities that employ no employees, do not carry out activities with an increased risk of fire and use small premises (up to approximately 100 m²) — these fulfil only the obligations of natural persons.

Even a small company or sole trader typically operates reserved technical equipment (VTZ) — electrical installations and appliances, a lightning conductor, a gas boiler or a pressure vessel (for example a compressor). These devices are subject to professional inspections and tests under Decree No. 508/2009 Coll. within the intervals specified in Annexes No. 5 to 10. The operator's obligations under § 8 of this Decree also apply to a natural person — entrepreneur who uses the equipment.

• Electrical installation and appliances — professional inspections and tests within intervals determined by the environment; inspections of hand tools and appliances in accordance with standards STN 33 1600 and STN 33 1610.
• Lightning conductor, gas boiler, pressure vessels — inspections according to classification into group and the intervals of Decree No. 508/2009 Coll.
• Inspection technician with a valid certificate under § 24 of the Decree; a register and inspection report must be maintained.

Missing inspections are among the most common findings of labour inspections even at small companies and are frequently the reason for a reduction in insurance payouts in the event of damage. We can arrange inspections and deadline monitoring even for a small operation.

The labour inspectorate may impose a fine of up to 100 000 euros under § 19 of Act No. 125/2006 Coll. for a breach of BOZP regulations, even on the first identified breach. If the breach resulted in an occupational accident with serious bodily harm, the sanction is at least 20 000 euros; in the event of a fatal accident at least 33 000 euros. For illegal employment a fine from 2 000 euros is mandatory.

Alpha Safety will prepare for the small company and sole trader exactly what the law requires — without unnecessary bureaucracy and with a single point of contact for the entire agenda.

• Initial assessment — we identify which obligations actually apply to you based on your number of employees and type of activity.
• BOZP documentation and training — risk assessment, initial and refresher instruction, OOPP records.
• Occupational health service (PZS) — simplified model for categories 1 and 2.
• Fire protection (OPP) — OPP documentation, fire extinguishers, training via a fire protection technician.
• Representation during inspection — prepared documentation and support throughout the audit.

Most often small companies approach us just before an announced inspection or after a first accident. What is typically missing is a written risk assessment, records of training and OOPP, and sometimes OPP documentation. The initial set-up is usually a matter of days and the subsequent maintenance is straightforward.

Companies that set up their agenda right at the start of their business avoid the stress of an inspection and the risk of a fine — and gain confidence that, in the event of an accident, everything is in order.