SC: Employers' responsibility for occupational health and safety extends to suppliers' workers
The employer's obligation to ensure occupational health and safety (OHS) is traditionally perceived as an obligation towards their employees. However, in a recent landmark decision, the Czech Supreme Court confirmed that an employer's obligation to ensure a safe working environment also applies to the workers of the employer’s suppliers. This applies even if these are self-employed persons (OSVČ) who perform their activities at the employer's workplace.
In the case in question, an employer outsourced cleaning work at an electrical substation to an external contractor – a legal entity. The contractor entrusted the cleaning to a cooperating self-employed person who acted as a subcontractor. The self-employed person was granted access to the employer's workplace and instructed by the employer's employee to clean all rooms that were open. However, in one of them there was an unprotected live wire carrying 22,000 volts. The worker touched it and suffered a serious injury. They then sought damages from the employer – the operator of the substation – in court.
In their lawsuit, the self-employed person claimed that they had not been provided with conditions for safe work, had not been sufficiently instructed, and that their work had not been properly supervised. They therefore claimed damages from the employer. However, the employer argued that the self-employed person was not their employee and that the responsibility for their health and safety should be borne by the contractor (the cleaning company).
The court stated that the employer's obligation to ensure occupational health and safety applies to all natural persons who, with the employer's knowledge, are present at the workplace. The employer is therefore also responsible for the safety of its contractors' workers, whether employees or self-employed persons, if they allow them to enter the workplace. In this case, the court found that the employer had violated safety rules, which led to the accident. The injured self-employed person was therefore awarded damages.
What does this mean for employers?
The Supreme Court ruling represents a significant extension of employer responsibilities for occupational health and safety. Employers can no longer rely on the assumption that only the direct employer or contractual partner is responsible for the safety of external workers, self-employed persons or subcontractors. If an employer allows these persons to enter their workplace, they must provide them with the same occupational health and safety protection that they provide to their own employees – for example, proper training, monitoring of compliance with safety measures, marking of hazardous areas, and other preventive measures. In practice, this means updating internal guidelines, training responsible persons and consistently monitoring OHS compliance for all external workers. Failure to comply with these obligations may result not only in financial penalties but also in liability for damage.
This ruling sets an important precedent for practice and should be considered when setting up internal OHS processes. We therefore recommend that employers with external contractors thoroughly review and, if necessary, adjust their OHS processes to comply with the current legal interpretation.