Amendment Of The Regulation On The Health Surveillance At Work 2008 (Vgü 2008), The Specialist Knowledge Regulation - Fk-V And The Regulation For The Evidence Of The Expertise For...

Original Language Title: Änderung der Verordnung über die Gesundheitsüberwachung am Arbeitsplatz 2008 (VGÜ 2008), der Fachkenntnisnachweis-Verordnung – FK-V und der Verordnung über den Nachweis der Fachkenntnisse für ...

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26. Ordinary of the Federal Minister of Labour, Social Affairs and Consumer Protection, with which the Regulation on Health Monitoring at Work 2008 (VGÜ 2008), the Regulation on the proof of professional knowledge (proof of professional knowledge-Regulation- FK-V) and the Regulation on the proof of professional knowledge for the preparation and organization of stage technical and lighting work (stages-FK-V) will be amended

Article 1

On the basis of § § 6, 51 (2), 52, 59 and 95 (2) of the Federal Law on Safety and Health at Work (Employees ' Protection Act-ASchG), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 71/2013, shall be arranged:

The regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on Health Monitoring at Work 2008 (VGÜ 2008), BGBl. II No 27/1997, as last amended by the BGBl Regulation. II No 221/2010, shall be amended as follows:

1. The title of the Regulation is: "Regulation on Health Monitoring at Work 2014 (VGÜ 2014)"

2. In § 2 para. 1 Z 9 the word order shall be "Aluminium dust or aluminium-containing welding smoke" through the phrase "Aluminium, aluminium oxide or aluminium hydroxide-containing dusts and smoke" replaced.

3. In § 2 para. 1 Z 17 the word "Chlorobenzene" by the word "chlorobenzene" replaced.

4. In § 2 para. 1 Z 21 the word order shall be "Aromatic Nitro and amino compounds" through the phrase "Aromatic Nitro or amino compounds" replaced.

5. The last sentence is deleted in Section 2 (2).

6. § 2 (3) to (5) reads:

" (3) Paragraph 1 shall not apply if the identification and assessment of the risks (§ § 4 and 41 ASchG) with regard to the work area/workplace or the work process for which the aptitude tests and follow-up examinations are to be carried out, shows that

1.

Workers with activities in which they are exposed to the effects of paragraph 1, on average of one working week, are not employed for more than one hour per working day, with the exception of the effect of clearly carcinogenic effects work materials, or

2.

the average daily exposure amount corresponds to a maximum of half of the MAK value (as the daily mean value), with a representative measurement in the sense of the 5. Section of the Border Value Ordinance 2011 (GKV 2011), BGBl. II No 429/2011. This does not apply to working materials which are marked "H" in column 12 of Annex I (list of substances) of the GKV 2011.

(4) Paragraph 1 shall not apply to working materials which are clearly carcinogenic if the determination and assessment (§ § 4 and 41 of the ASchG) concerning the working area/workplace or the work process for which the suitability and The following results shall be carried out:

1.

the workload in the organism of the workers studied does not exceed the reference values of the respective working materials for adults (www.arbeitsinspektion.gv.at) in three consecutive studies, or

2.

the average daily exposure amount corresponds to a maximum of 1/20 of the TRK value (as the daily mean value), this being done by a representative measurement in the sense of the 5. Section of the GKV 2011 is to be proven. This does not apply to working materials which are marked "H" in column 12 of Annex I (list of substances) of the GKV 2011.

(5) Paragraph 1 shall also not be applied if, by means of an evaluation according to the state of the art, taking into account comparative data (in particular information from manufacturers and placing on the market, calculation methods as well as measurement results) comparable jobs) is shown to be representative of the respective workplace, that the average daily exposure amount is not more than half of the MAK value or 1/20 of the TRK value. "

7. § 3 (1) Z 1 reads:

" 1.

activities in which breathing apparatus with a mass of more than 5 kg must be carried throughout for more than 30 minutes; "

8. § 3 (1) Z 3 reads:

" Activities in which a heat burdening the organism in the sense of the species. VII, Section 2, Z 2 of the NSchG, Federal Law Gazette (BGBl). No 354/1981, idF BGBl. I No 87/2013. The assessment period for the duty to be examined shall be a working day on which the worker/worker is exposed to such exposure. "

9. In Section 3 (2), the word order shall be "First Aid" through the phrase "First Aid" replaced.

10. In Section 3b (2), the word order shall be "Federal Minister for Economic Affairs and Labour" through the phrase "Federal Minister for Labour, Social Affairs and Consumer Protection" replaced.

11. In § 4 (3) and in § 5 (4) the expression "occupational physicians" by the expression "occupational physicians" replaced.

12. § 5 (1) Z 1 reads:

" 1.

Clearly carcinogenic agents within the meaning of the Regulation on limit values for working materials as well as carcinogenic and toxic for reproduction (reproductive toxicity) (Regulation 2011-GKV 2011), "

13. § 6 together with the title is:

" Common provisions

§ 6. For the purposes of this Regulation, the aptitude test shall be the investigation carried out for the initial commencing of an activity in respect of a specific effect, irrespective of the operation in which the activity took place.

(2) The time intervals of the follow-up examinations and the recurrent examinations of the hearing ability shall be laid down in Appendix 1 to this Regulation.

(3) Studies relating to the same worker shall be carried out at the same time as possible. In order to merge the points of examination, the time intervals in Appendix 1 can be extended to a maximum of 1.5 times until a uniform time of investigation has been reached.

(4) Suitability and follow-up examinations according to § 49 ASchG, examinations of the hearing ability according to § 50 ASchG and other special examinations pursuant to § 51 ASchG are to be carried out in the scope defined in Appendix 2 (investigation guidelines).

(5) In the course of carrying out the investigations, the recognised rules of occupational medicine shall be applied. The investigating physician/doctor shall have to take into account any existing findings of previous studies within the meaning of this Regulation.

(6) If other physicians or laboratories are used in partial areas of the examinations, the examining physician/physician shall take into account the results of these partial investigations in the assessment. He/she has to sign the assessment on his own hand or to provide it with a qualified electronic signature.

(7) In the case of aptitude tests and follow-up examinations, the Federal Ministry of Labour, Social Affairs and Consumer Protection shall be responsible for the unification of the history of history, the examination procedure and the assessment of the findings as well as documentation of the documentation. (www.bmask.gv.at) and the Labour Inspectorate (www.arbeitsinspektion.gv.at) to download available examination forms available for download. It is also possible to use examination forms which correspond to them in terms of content and are easily legible.

(8) Investigations within the meaning of this Regulation shall be carried out primarily by occupational physicians appointed in accordance with § 79 of the German ASchG (ASchG). Employers must give the doctors under investigation access to the workplaces of the workers to be examined and provide all the necessary information about the workplaces. In any case, the doctors under investigation have to be aware of the specific working conditions of the worker/worker to be examined. This may be done by visiting the respective workplace and/or by obtaining the information on the workplace required for assessment and advice.

(9) Authorised Physicians shall immediately inform the Federal Ministry of Labour, Social Affairs and Consumer Protection of any changes to their name, address, circumstances relevant to empowerment and the termination of their duties. "

14. § 6a together with the headline is:

" Identification and assessment of the risks

§ 6a. (1) The employer shall, on the basis of the identification and assessment of the hazards, including the results of measurements and assessments and in the cases of § 49 (1) of the ASchG, provided that the risk of the emergence of a The occupational disease is to determine whether an examination within the meaning of this Regulation is necessary for a specific work area, workplace or a specific work process. If necessary, the security and health protection document must be adapted accordingly in accordance with § 2 (2) (2) (1) (1) and (3) of the DOK-VO.

(2) Where health surveillance is identified as a result of a health impairment which, in the opinion of the examining physician/physician, is due to the effects of the work, the employer/employer shall have the following: To assess and assess the risks to the work area of the worker (s) examined. This is, in any case, necessary if the assessment of the suitability for health in the performance of aptitude tests and follow-up examinations in accordance with § 52 of the German ASchG (ASchG) to "not suitable" or "suitable with shortening of the time interval until the follow-up examination" is.

(3) The investigating physician/physician must be shown to inform the employer of the need to review and adapt the identification and assessment of the risks. The doctor/physician under investigation shall be granted access to the security and health protection document, which is adapted in accordance with the last sentence of paragraph 1.

15. In Section 8 (1) (2) (2), the word "and" at the end of the Z 2 and the point at the end of the Z 3 will be given by the word "and" replaced.

16. § 8 (1) (3) the following Z 4 is added:

" 4.

that the authorized physicians and the physicians of the work inspection have to explain the results of the investigation to the worker on request. "

17. In Section 8 (2), the phrase "pursuant to Article 5 (1) (3) and (4)" through the phrase "pursuant to Article 5 (1) (2), (3) and (4)" replaced.

18. The following paragraph 12 is added to Article 11 (11):

" (12) The title of the regulation and § 2 (1) Z 9, Z 17 and Z 21, § 2 para. 2, 3, 4 and 5, § 3 paragraph 1 Z 1 and Z 3 as well as para. 2, § 3b para. 2, § 4 para. 3, § 5 paragraph 1 Z 1, § 5 para. 4, § 6 with title, § 6a including the title, § 8 subsection 1 Z 2, 3 and 4 as well as Paragraph 2 and Annex 1 and Annex 2, as amended by the BGBl Regulation. II No. 26/2014 shall enter into force with the month most of the month of the event. "

19. Appendix 1 in the previous version will be repealed and replaced by the following Appendix 1.

20. Appendix 2 in the previous version will be repealed and replaced by the following Appendix 2.

Article 2