Submitting a declaration on Article 15 of the Health and Safety at Work Act in 2021

By 05 May 2021,. all legal and natural persons who are self-employed, legal and natural persons who use workers provided by an undertaking providing temporary work, as well as persons who, for their own account, work in partnership with others and have changed the circumstances subject to declaration (according to § 1 of the additional provisions of Ordinance № 3 of 23 February 2010 on the form , the content, the order and the way of filing and storing the declaration under Article 15, paragraph 1 of the Health and Safety at Work Act) have to submit a declaration for 2020.

From 2018, the need to submit a notification under Article 15 of the same in the absence of changes has been eliminated.

The review of the risk assessment in a relation to the emergency epidemic situation does not oblige by itself employers to submit a new declaration according to Art. 15. For most working places the risk of SARS-Cov-2 infection cannot be accepted as a professional risk, as far as the possibility of infection is as a result of the general epidemic situation, not from sources of the working environment and It is comparable to that of the general population.

Despite the employer's obligation to review the risk assessment in an emergency epidemic situation, for most of the companies the new assessment will not identify a new occupational risk and will provide for compliance with the country's obligatory anti-epidemic measures. As a result the reviewing of the risk assessment is not a reason to submit a new declaration because cannot be defined as a change in the circumstances that have to be declared.

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