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 ...

Read the untranslated law here: https://www.global-regulation.com/law/austria/2995625/nderung-der-verordnung-ber-die-gesundheitsberwachung-am-arbeitsplatz-2008-%2528vg-2008%2529%252c-der-fachkenntnisnachweis-verordnung--fk-v-und-der-verordnun.html

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26 regulation of the Federal Minister for labour, Social Affairs and consumer protection, modifies the regulation on health surveillance at work 2008 (VGÜ 2008), Ordinance, proof of professional knowledge (proof of professional knowledge regulation FK-V) and the regulation for the evidence of the expertise for the preparation and organisation of working stage and lighting (stage-FK-V)

Article 1

On the basis of articles 6, 51 para of 2, 52, 59 and 95 para. 2 of the Federal Act on safety and health at work (employee - after), Federal Law Gazette No. 450/1994, as last amended by Federal Law Gazette I no. 71/2013, is prescribed:

Ordinance of the Federal Minister for labour, Social Affairs and consumer protection over the health surveillance at work 2008 (VGÜ 2008), BGBl. II nr 27/1997, last amended by the regulation Federal Law Gazette II No. 221/2010, is amended as follows:

1. the title of that regulation reads: "Regulation on health surveillance in the workplace (VGÜ 2014) 2014"

2. in article 2, paragraph 1, Z 9 replaced the phrase "Aluminum dust or aluminous welding smoke" by the phrase "Aluminium, aluminiumoxid - or aluminum hydroxide-containing dust and smoke".

3. in article 2, paragraph 1 Z 17, the word "Chlorobenzenes" is replaced by the word "Chloro benzene".

4. in article 2, paragraph 1, no. 21 replaced the phrase "Aromatic Nitro - and amino-compounds" by the phrase "Aromatic Nitro or amino-compounds".

5. in section 2, paragraph 2, the last sentence is omitted.

6 paragraph 2 subsection 3 to 5:

"(3) paragraph 1 shall not apply, if the determination and assessment of risks (sections 4 and 41 after) results in respect of the working area / workplace or operation, for which the suitability and follow-up must be, that"



1. workers with activities, where they are exposed in the average of work week no longer employed as a one hour per working day, except the effect clearly carcinogenic agents, an action referred to in paragraph 1, or 2. the average daily exposure level is maximum half of the MAK value (as the daily average value), with this representative measure within the meaning of the 5th section of the limit value regulation 2011 (GKV 2011) , Federal Law Gazette II No. 429/2011, to is. This does not apply to agents, which according to annex I (list of substances) of the statutory health insurance 2011 are marked in column 12 with "H".

(4) paragraph 1 shall not apply for clearly carcinogenic agents, if the identification and assessment (sections 4 and 41 after) results in terms of the workspace or workplace operation, the suitability and follow-up must be made for which, that



1 workers in three consecutive tests which does not exceed the reference values of the respective agents for adults (www.arbeitsinspektion.gv.at), or 2. average daily exposure level maximum corresponding to 1/20 of the TRK value (as the daily average value) investigated the. the workload of substance in the body where this is to prove 2011 section of the statutory health insurance through a representative measurement within the meaning of the 5th. This does not apply to agents, which according to annex I (list of substances) of the statutory health insurance 2011 are marked in column 12 with "H".

(5) paragraph 1 is not to apply also if through an assessment after the State of the art taking into account comparative data (in particular information from Hersteller/innen and in traffic bringerinnen, calculation methods and measurement results of comparable jobs) representative for the respective jobs is proved, that the average daily exposure level of the "MAK" value or 1/20 of the TRK value maximum half."

7 § 3 para 1 subpara 1 is:



"1st activities involving breathing apparatus with a mass of more than 5 kg more than 30 minutes continuously worn must be;"

8 § 3 para 1 No. 3 is:

"Activities where a heat burden the organism within the meaning of article VII paragraph 2 No. 2 of the night heavy work Act (NSchG), Federal Law Gazette No. 354/1981 idF BGBl I no. 87/2013, exists. For the duty of investigating a work day, where the workers of this exposure is exposed is considered assessment period."

9. in section 3, paragraph 2, the phrase "first aid" is replaced by the phrase "First aid".

10. in article 3, para 2 is replaced by the phrase "Federal Minister for labour, Social Affairs and consumer protection" the phrase "Federal Minister for Economics and labour".

11. in section 4, paragraph 3, and § 5 section 4 the expression "Working doctors" is replaced by the expression "Working doctors".

12 § 5 para 1 subpara 1 is:



"1 clearly carcinogenic agents in the sense of the regulation relating to limit values for substances, as well as carcinogenic and toxic to reproduction (reprotoxic) agents (limit regulation 2011 - GKV 2011)," 13 § 6 together with the heading reads:

"Common provisions

6. (1) as suitability investigation in terms of this Regulation applies the study carried out for the first-time inclusion of an activity relating to a certain influence, regardless of which operating the activity took place.

(2) the time intervals of the follow-up, as well as the recurrent investigations of hearing will be set in the annex 1 of this regulation.

(3) testing, affecting the same / same workers, should be as far as possible at the same time. Applicable in Appendix 1 intervals on maximum the 1.5 times may be extended to the bringing together of the examination dates, until a uniform examination time is reached.

(4) suitability and follow-up in accordance with paragraph 49 after, testing of hearing pursuant to § 50 after and other special investigations in accordance with article 51 should be after to the extent set out in annex 2 (examination guidelines).

(5) in the case of the examinations is to proceed according to the rules of occupational medicine. The student doctor has any existing findings of previous investigations into the meaning of this regulation to take account of.

(6) are used for sections of the investigations of other physicians or laboratories, so the student doctor has to take into account the results of the investigations of this part of the assessment. He/she has to sign the appraisal by hand or with a qualified electronic signature.

(7) in the case of suitability and follow-up the examination forms available on the website of the Federal Ministry for labour, Social Affairs and consumer protection (www.bmask.gv.at) and the labour inspection (www.arbeitsinspektion.gv.at) download available are to unify history, the examination hall and determining findings as well as to the documentation to use. Also study forms can be used that comply in terms of content and are easy to read.

(8) research within the meaning of this regulation are ordered after occupational/work doctors perform primarily in accordance with § 79. Employers must grant access to the jobs of workers under investigation the investigating doctors and provide all the necessary information about the jobs. The investigating doctors anyway, have become aware of the actual working conditions of / to get to examine worker/employee. This can be done by visiting the respective workplace and/or collect the information necessary for assessment and advice about the workplace.

(9) authorized doctors have changes their name, their address, the circumstances relevant to the authorization as well as the cessation of their activities inform the Federal Ministry of labour, Social Affairs and consumer protection."

14 paragraph 6a together with the heading:

"Determination and assessment of risks

§ 6a. (1) the has an employer after based on determination and assessment of risks including the results of measurements and reviews and in the cases of § 49 paragraph 1, provided that there is a danger of the emergence of an occupational disease to set whether an investigation in the sense of this regulation for a specific working area, workplace, or a specific operation is required. If necessary, the safety and health document is paragraph within the meaning of § 2 DOK-VO according to to adapt 2 Z 1 and § 3.

(2) a health impairment determined in the framework of health monitoring, which according to the / is due to influences in the work of the investigating physician, so the employer / employer has the determination and assessment of the threats to the workspace of / the investigated employee/worker to check. This is in any case necessary, if after assessing the health suitability for carrying out suitability and follow-ups according to § 52 on "inappropriate" or "suitable with shortening the time gap until the follow-up".


(3) the investigating doctor must the employer demonstrably about the need for the review and adaptation of the identification and assessment of hazards in knowledge. Insight into it in accordance with paragraph 1 is last to grant set customized security and health protection document / the examiner doctor.

15. in article 8, paragraph 1, the word is eliminated No. 2 'and' is 2 and the point at the end of the Z 3 at the end of the Z by the word "and" replaced.

16 section 8 para 1 No. 3 is appended following Z 4:



"4. the authorised doctors and the doctors of the labour inspectorate to explain the results of the study requested by the worker / employee have."

17. in article 8, paragraph 2, the phrase is "pursuant to § 5 para 1 Nos. 3 and 4" by the phrase "pursuant to § 5 para 1 Nos. 2, 3 and 4" replaced.

18. at § 11 paragraph 11 12 the following paragraph is added:

"(12) the title of the regulation and article 2, paragraph 1 Z 9, 17 Z and Z 21, § 2, paragraph 2, 3, 4 and 5, article 3, paragraph 1 Z 1 and Z 3 and para 2, § 3b para 2, § 4 para 3, § 5 par. 1 Z 1, § 5, para 4, § 6 together with heading, § 6a together with heading, article 8, paragraph 1 Nos. 2, 3 and 4 para. 2 and annex 1 and annex 2 in the version of regulation BGBl. II No. 26 /" 2014 with the first month following the proclamation into force."

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

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

Article 2