Update on labour safety in Hungary

Section 15 and Section 26 (4) of Act No. LXXVIII of 2001, which amended Act No. XCIII of 1993 on Labour Safety ("Labour Safety Act"), provides that employers which were established before 1 February 2002 have to carry out a risk evaluation and take the required precautionary measures until 31 December 2002. Companies established after 1 February 2002 have to comply with this obligation within one year from the commencement of their business activity.

The aim of the risk evaluation is to examine areas and places of work in respect of labour safety, and to determine the exact measures to be taken in relation to safety at work. Under the Labour Safety Act the risk evaluation is not a professional labour safety activity and there is no legal regulation under which the risk evaluation must be carried out only by a person with a qualification in labour safety. Further, there is no such legal regulation which determines who should carry out this risk evaluation, although pursuant to Section 2 (2) of the Labour Safety Act, the employer is responsible for that. The employer is not only responsible for the preparation of the risk evaluation, but also that such evaluation complies with the legal regulations.

The labour safety authorities are entitled to check whether the risk evaluation has been done, and whether the employer has taken all measures necessary to prevent or minimalise risks.

The National Occupational Safety and Labour Administration has issued a guideline for the risk evaluation, which can be found at the following internet address: http://www.munkavedelem.hu/html/kockazat.html.

For further information please contact Dr Gabriella Ormai at [email protected] or on 00 36 1 4834800.