Employment Protection Regulation Transport 2011 - Avo Transport 2011

Original Language Title: Arbeitnehmerschutzverordnung Verkehr 2011 – AVO Verkehr 2011

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Regulation of the Federal Minister for Transport, Innovation and Technology on the taking into account of the requirements of the protection of workers and on the proof of compliance with the licensing procedures of transport (employee protection ordinance Transport 2011-AVO Transport 2011)

On the basis of § § 15 (1) and 17 (1) of the Federal Act on the Transport Labour Inspectorate (Traffic Labour Inspectorate 1994-VAIG 1994), BGBl. N ° 650/1994, as last amended by the Federal Law BGBl. I n ° 51/2011 and § § 92 to 94 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 51/2011, shall be assigned:

table of contents

Part 1
General

§ 1.

Scope

Part 2
Railway legal procedure

§ 2.

Transport authorisation and traffic concession

§ 3.

Safety certificate

§ 4.

Security Approval

§ 5.

Railway law building permit and component type-approval

§ 6.

Operating permit

§ 7.

General arrangements for railway staff

Part 3
Cableway legal procedure

§ 8.

Security Report

§ 9.

Operating permit

§ 10.

Extension of the concession

Part 4
Environmental impact assessment procedures

§ 11.

Environmental impact assessment

§ 12.

Completion indication, check-out

Part 5
Maritime legal proceedings

§ 13.

Concession

§ 14.

Approval

§ 15.

Use of the use

§ 16.

Ship authorisation

Part 6
Transitional and final provisions

§ 17.

Override



Part 1

General

Scope

§ 1. (1) The provisions of § § 2 to 7 of this Regulation shall apply to approval procedures in accordance with the Federal Act on Railways, Rail Vehicles on Railways and the Transport on Railways (Railway Act 1957-EisbG), BGBl. 60/1957.

(2) The provisions of § § 8 to 10 of this Regulation shall apply to approval procedures in accordance with the Federal Act on cable cars (Seilbahngesetz 2003-SeilbG 2003), BGBl. I No 103/2003.

(3) The provisions of § § 11 and 12 of this Regulation shall apply to approval procedures in accordance with the Federal Act on Environmental Impact Assessment (Environmental Impact Assessment Act 2000-UVP-G 2000), BGBl. No. 697/1993, insofar as authorisations under the Federal Act on Railways, Rail Vehicles on Railways and Transport on Railways (Railway Act 1957-EisbG), BGBl. No 60/1957, according to the Federal Act on cableways (Seilbahngesetz 2003-SeilbG 2003), BGBl. I n ° 103/2003, or under the Federal Act on Inland Waterways (Shipping Law-SchFG), BGBl. I n ° 62/1997.

(4) The provisions of § § 13 to 16 of this Regulation shall apply to approval procedures in accordance with the Federal Act on Inland Navigation (Navigation Act-SchFG), Federal Law Gazette (BGBl). I No 62/1997.

Part 2

Railway legal procedure

Transport authorisation and traffic concession

§ 2. (1) In the context of proof of professional competence in accordance with § § 15b (1) Z 3 and 15e as well as § § 16b (1) Z 3 and 15e of the Railways Act, compliance with the requirements of the employee protection is to be checked and proved, to the extent that: they already apply in individual cases.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Proof of the appointment of suitable persons according to § 3 (6) of the Employees ' Protection Act, BGBl. No 450/1994, which must respect the implementation and compliance with the necessary safeguard measures,

2.

Proof of the appointment of the security trusts in accordance with § 10 of the Workers ' Protection Act, BGBl. No 450/1994, and the Ordination on Security Confidential Persons (SVP), BGBl. No 172/1996,

3.

Proof of security maintenance in accordance with § 73 of the Employees ' Protection Act, BGBl. N ° 450/1994,

4.

Evidence of occupational health care according to § 79 of the Employees ' Protection Act, BGBl. N ° 450/1994,

5.

Evidence of the organizational classification of the preventive experts according to § 83 (7) of the Employees ' Protection Act, BGBl. N ° 450/1994,

6.

Proof of the setting up of the employment protection committees according to § § 88 and 88a of the Employees ' Protection Act, BGBl. N ° 450/1994,

7.

Proof of the preparation of the security and health protection documents according to § § 4 and 5 of the Employees ' Protection Act, BGBl. No 450/1994, and the Regulation on Safety and Health Protection Documents (DOK-VO), BGBl. No 478/1996,

8.

Evidence on the implementation of the coordination according to § 8 of the Employees ' Protection Act, BGBl. No. 450/1994.

Safety certificate

§ 3. (1) In the context of the proof of the precautions to ensure the safety of the holding according to § 37a of the Railways Act, compliance with the requirements of the protection of workers ' protection must also be checked and proved.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Proof of the implementation of the information and instruction as well as proof of the professional knowledge according to § § 12, 14, 62 and 63 of the Employees ' Protection Act, BGBl. N ° 450/1994,

2.

Proof of use as well as the execution of the inspection and maintenance of the rail vehicles according to § § 33 (2), 37 and 38 of the Employees ' Protection Act, BGBl. N ° 450/1994,

3.

Proof of the updating of the requirements according to § 2 (2) (2) Z 1 to Z 8.

Security Approval

§ 4. (1) Within the framework of the proof of the arrangements to ensure the safety of the holding pursuant to section 38a of the Railway Act, compliance with the requirements of the protection of workers ' protection must be checked and proved.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Proof of the implementation of the information and instruction as well as proof of the professional knowledge according to § § 12, 14, 62 and 63 of the Employees ' Protection Act, BGBl. N ° 450/1994,

2.

Proof of the implementation of maintenance, cleaning and testing according to § 17 of the Employees ' Protection Act, BGBl. N ° 450/1994,

3.

Proof of use as well as the execution, testing and maintenance of the work equipment in accordance with § § 33 (2), 37 and 38 of the Employees ' Protection Act, BGBl. N ° 450/1994,

4.

Proof of the updating of the requirements according to § 2 (2) (2) Z 1 to Z 8.

Railway law building permit and component type-approval

§ 5. (1) In the context of expert opinions pursuant to § § 31a (1), 32a (3) and (33a) (1) of the Railway Act, compliance with the requirements of the protection of workers ' protection must be verified and proven.

(2) The opinion referred to in paragraph 1 shall include, in particular, proof of compliance with the requirements of the protection of workers:

1.

Examination of the security and health protection documents according to § 5 of the Employees ' Protection Act, BGBl. N ° 450/1994,

2.

Examination of the document for later work according to § 8 of the Construction Workers ' Coordination Act (BauKG), BGBl. I No 37/1999,

3.

Testing of explosion protection documents according to Regulation explosionable atmospheres (VEXAT), BGBl. II No 309/2004,

4.

Examination of compliance with employee protection regulations, in particular the Workers ' Protection Act, BGBl. N ° 450/1994, and the regulations implementing the Workers ' Protection Act,

5.

Examination of compliance with other laws protecting employees, in particular the legislation in accordance with Section 33 (3) (2) of the Employees ' Protection Act, Federal Law Gazette (BGBl). No 450/1994, as well as in Annex A and Annex B of the Working Capital Regulation (AM-VO), BGBl. II No 164/2000,

6.

Examination of the requirements according to § 95 (3) Z 2 of the Employees ' Protection Act, BGBl. No. 450/1994.

Operating permit

§ 6. (1) In the context of test certificates or declarations in accordance with § 34b of the Railways Act, compliance with the requirements of the protection of workers ' protection must be checked and proved.

(2) Test certificates or declarations referred to in paragraph 1 shall include, in particular, proof of compliance with the requirements of the protection of workers:

1.

Examination of the test findings on the acceptance tests, in particular in accordance with § 7 of the German Ordinance on Employment and Employment, Federal Law Gazette (BGBl). II No 164/2000, and in accordance with Article 38 of the Railway Workers ' Protection Regulation (EisbAV), Federal Law Gazette (BGBl). II No 384/1999,

2.

Examination of the implementation of the safety and health protection labelling in accordance with the labelling regulation, BGBl. II No 101/1997, as well as 5. Section of the Railway Workers ' Protection Ordinance (EisbAV), BGBl. II No 384/1999,

3.

Examination of the updating of documents pursuant to § 5 (2) (1) to (3),

4.

Examination of compliance with and implementation of the employee protection regulations in accordance with § 5 (2) (4) (4),

5.

Verification of compliance with and implementation of the other legislation pursuant to § 5 (2) Z 5,

6.

Verification of compliance with and implementation of the requirements according to § 5 paragraph 2 Z 6.

General arrangements for railway staff

§ 7. (1) Prior to the granting of the railway service authorisation of general orders to railway staff in accordance with Section 21a of the Railway Act 1957, compliance with the requirements of the protection of workers ' protection must also be checked and proved.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Examination of compliance with security and health protection documents in accordance with § 5 of the German Workers ' Protection Act, BGBl. N ° 450/1994,

2.

Examination of the implementation of the coordination according to § 8 of the Workers ' Protection Act, BGBl. N ° 450/1994,

3.

Verification of compliance and implementation of the employee protection regulations, in particular the Workers ' Protection Act, BGBl. No 450/1994, 3. to 5. Section of the Railways-Workers ' Protection Ordinance (EisbAV), BGBl. II No 384/1999, 1. and 2. Section of the Labour Ordinance (AM-VO), BGBl. II No. 164/2000, the Construction Workers ' Protection Regulation (BauV), BGBl. No. 340/1994, the 2003 ESV (ESV 2003), Federal Law Gazette (BGBl). II No 424/2003, the Labelling Regulation (KennV), Federal Law Gazette (BGBl). II No 101/1997, as well as the other regulations in the implementation of the Workers ' Protection Act,

4.

Verification of compliance and implementation of the state of the art according to § 7 Z 5 Workers ' Internal Protection Act, BGBl. N ° 450/1994, in particular with regard to existing written operating instructions in accordance with Section 14 (5) of the Employees 'Protection Act to comply with the protection of workers in the railway sector (e.g. "Written Operating Instructions for Workers' Protection-ÖBB") 40 " of the Austrian Federal Railways).

Part 3

Cableway legal procedure

Security Report

§ 8. (1) In the context of a security report in accordance with § § 59, second sentence, and 60 of the Cable Car Act, compliance with the requirements of the protection of employees must also be checked and proved.

(2) Safety reports referred to in paragraph 1 shall include, in particular, proof of compliance with the requirements of the protection of workers:

1.

Verification of compliance with security and health protection documents in accordance with § 5 of the Workers ' Protection Act, BGBl. N ° 450/1994,

2.

Verification of compliance with the document for later work according to § 8 of the Construction Workers ' Coordination Act (BauKG), BGBl. I No 37/1999,

3.

Testing of compliance with explosion protection documents in accordance with Regulation explosionable atmospheres (VEXAT), BGBl. II No 309/2004,

4.

Examination of compliance with employee protection regulations, in particular the Workers ' Protection Act, BGBl. N ° 450/1994, and the regulations implementing the Workers ' Protection Act,

5.

Examination of compliance with other laws protecting employees, in particular the legislation in accordance with Section 33 (3) (2) of the Employees ' Protection Act, Federal Law Gazette (BGBl). No 450/1994, as well as in Annex A and Annex B of the Working Capital Regulation (AM-VO), BGBl. II No 164/2000,

6.

Examination of the requirements according to § 95 (3) Z 2 of the Employees ' Protection Act, BGBl. No. 450/1994.

Operating permit

§ 9. (1) Prior to the granting of the operating licence pursuant to § 48 of the Cable Car Act, it is also necessary to demonstrate compliance with the requirements of the employee protection system.

(2) The proof of compliance with the requirements of the protection of workers referred to in paragraph 1 shall include in particular:

1.

Audit findings on the acceptance tests, in particular in accordance with § 7 of the Labour Ordinance (AM-VO), Federal Law Gazette (BGBl). II No 164/2000,

2.

Proof of the implementation of the safety and health protection labelling in accordance with the labelling regulation (KennV), BGBl. II No 101/1997,

3.

proof of the updating of the documents pursuant to § 8 (2) (1) to (3),

4.

Proof of compliance with and implementation of the employee protection regulations in accordance with § 8 paragraph 2 Z 4,

5.

Proof of compliance with and implementation of the other legislation pursuant to § 8 para. 2 Z 5,

6.

Proof of compliance with and implementation of the measures set out in the safety report pursuant to § 59, second sentence of the Cable Car Act, to address risks and risk situations for the protection of workers,

7.

Proof of compliance with and implementation of the requirements pursuant to § 8 paragraph 2 Z 6.

Extension of the concession

§ 10. (1) In the context of the proof of safe and orderly operation in accordance with Section 28 (2) of the Cable Car Act, compliance with the requirements of the protection of workers ' protection must be checked and proved.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Examination of the updating and implementation of the security and health protection documents in accordance with § 5 of the German Workers ' Protection Act, BGBl. No. 450/1994, the document for later work according to § 8 of the Construction Workers ' Coordination Act (BauKG), BGBl. I n ° 37/1999 and the explosion protection documents in accordance with Regulation potentially explosive atmospheres (VEXAT), BGBl. II No 309/2004,

2.

Verification of compliance and implementation of the employee protection regulations, in particular the Workers ' Protection Act, BGBl. N ° 450/1994, and the regulations implementing the Workers ' Protection Act,

3.

Verification of compliance with and implementation of the other legislation on the protection of employees, in particular the legislation in accordance with Section 33 (3) (2) of the German Employees ' Protection Act, BGBl. No 450/1994, as well as Annex A and Annex B of the Working Capital Regulation (AM-VO), BGBl. II No 164/2000,

4.

Verification of compliance with the measures pursuant to § 95 (3) (2) of the Employees ' Protection Act, Federal Law Gazette (BGBl). No 450/1994, in the case of derogations granted,

5.

Examination of the implementation of the safety and health protection labelling in accordance with the labelling regulation (KennV), BGBl. II No 101/1997, and

6.

Examination of the test findings on acceptance tests and recurring tests, in particular in accordance with § § 7 to 11 of the German Labour Regulation (AM-VO), Federal Law Gazette (BGBl). II No 164/2000.

Part 4

Environmental impact assessment procedures

Environmental impact assessment

§ 11. (1) In the context of an application for authorisation in accordance with § 5 (1) or § 24a (1) of the Environmental Impact Assessment Act (EIA) 2000, it is also necessary to demonstrate compliance with the requirements of the protection of workers.

(2) Insofar as the application for authorisation pursuant to paragraph 1 is in contact with the provisions of the railway law and therefore the opinion is to be submitted in accordance with Section 31a (1), 32a (3) and (33a) (1) of the Railways Act, proof of compliance shall be provided for: to the requirements of the protection of workers § 5 (2) (2) (1) to (6).

(3) In so far as the application for authorisation pursuant to paragraph 1 is in contact with the provisions of the national law, and therefore safety reports are to be submitted in accordance with § § 59, second sentence and 60 of the Cable Car Act, proof of compliance with the provisions of the German law on the application of the provisions of Requirements of the protection of employees § 8 sec. 2 Z 1 to Z 6 apply.

(4) To the extent that the application for authorisation pursuant to paragraph 1 is affected by administrative provisions relating to inland waterway transport and therefore must be submitted in accordance with Section 48 of the Maritime Law, proof of compliance with the requirements of the Protection of workers § 14 (2) (1) to (6).

Completion indication, check-out

§ 12. (1) Within the scope of a production display according to § 20 (1) or § 24h (1) of the Environmental Impact Assessment Act (EIA) 2000 as well as in the context of a follow-up check in accordance with § 22 (1) or § 26 (5) of the Environmental Impact Assessment Act 2000, it is also to demonstrate compliance with the requirements of the protection of workers.

(2) Where, in the context of an acceptance test pursuant to § 20 (2) or a review pursuant to Section 24h (2) of the Environmental Impact Assessment Act 2000, the administrative provisions of the Federal Railway Act are affected, and therefore audit certificates or declarations are subject to In accordance with § 34b of the Railway Act, it is necessary to apply for proof of compliance with the requirements of the protection of employees § 6 (2) (2) (1) to (6). In the context of a follow-up check in accordance with § 22 (1) or § 24h (5) of the Environmental Impact Assessment Act 2000, the tests in accordance with § 6 (2) (1) to (6) must be proven in order to demonstrate compliance with the requirements of the employee protection system.

(3) Insofar as the requirements of the protection of employees are affected in the course of an acceptance examination in accordance with Section 20 (2) of the Environmental Impact Assessment Act, it is necessary to demonstrate compliance with the requirements of the protection of employees (§ 9 (2) (2) (1) to (7)) , In the context of a follow-up check in accordance with § 22 (1) of the Environmental Impact Assessment Act 2000, the examinations pursuant to § 9 (2) (1) to (7) must be proven in order to demonstrate compliance with the requirements of the employee protection system.

(4) Insofar as administrative provisions relating to inland waterway transport are affected in the course of an acceptance examination pursuant to Article 20 (2) of the Environmental Impact Assessment Act, it is necessary to demonstrate compliance with the requirements of the protection of employees (Article 15 (2)). Z 1 to 6.

Part 5

Maritime legal proceedings

Concession

§ 13. (1) At the time of taking up the shipping company in the context of the granting of a concession pursuant to Section 78 of the Shipping Law, BGBl. I n ° 62/1997, it is also necessary to demonstrate compliance with the requirements of the protection of workers.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Proof of the appointment of suitable persons according to § 3 (6) of the Employees ' Protection Act, BGBl. No 450/1994, which must respect the implementation and compliance with the necessary safeguard measures,

2.

Proof of the appointment of the security trusts in accordance with § 10 of the Workers ' Protection Act, BGBl. No 450/1994, and the Ordination on Security Confidential Persons (SVP), BGBl. No 172/1996,

3.

Proof of security maintenance in accordance with § 73 of the Employees ' Protection Act, BGBl. N ° 450/1994,

4.

Evidence of occupational health care according to § 79 of the Employees ' Protection Act, BGBl. N ° 450/1994,

5.

Evidence of the organizational classification of the preventive experts according to § 83 (7) of the Employees ' Protection Act, BGBl. N ° 450/1994,

6.

Proof of the setting up of the employment protection committees according to § § 88 and 88a of the Employees ' Protection Act, BGBl. N ° 450/1994,

7.

Proof of the preparation of the security and health protection documents according to § § 4 and 5 of the Employees ' Protection Act, BGBl. No 450/1994, and the Regulation on Safety and Health Protection Documents (DOK-VO), BGBl. No 478/1996,

8.

Evidence on the implementation of the coordination according to § 8 of the Employees ' Protection Act, BGBl. No. 450/1994.

Approval

§ 14. (1) Within the scope of an application according to § 48 of the Maritime Law, BGBl. I n ° 62/1997, it is also necessary to demonstrate compliance with the requirements of the protection of workers.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.

Verification of compliance with security and health protection documents in accordance with § 5 of the Workers ' Protection Act, BGBl. N ° 450/1994,

2.

Verification of compliance with the document for later work according to § 8 of the Construction Workers ' Coordination Act (BauKG), BGBl. I No 37/1999,

3.

Testing of compliance with explosion protection documents in accordance with Regulation explosionable atmospheres (VEXAT), BGBl. II No 309/2004,

4.

Examination of compliance with employee protection regulations, in particular the Workers ' Protection Act, BGBl. N ° 450/1994, the Maritime Ordinance, BGBl. II No 298/2008, and the other regulations in the implementation of the Workers ' Protection Act,

5.

Examination of compliance with other laws protecting employees, in particular the legislation in accordance with Section 33 (3) (2) of the Employees ' Protection Act, Federal Law Gazette (BGBl). No 450/1994, as well as in Annex A and Annex B of the Working Capital Regulation (AM-VO), BGBl. II No 164/2000,

6.

Examination of the requirements according to § 95 (3) Z 2 of the Employees ' Protection Act, BGBl. No. 450/1994.

Use of the use

§ 15. (1) Before the granting of the use permit pursuant to § 52 (1) of the Shipping Law, BGBl. I n ° 62/1997, it is also necessary to demonstrate compliance with the requirements of the protection of workers.

(2) The proof of compliance with the requirements of the protection of workers referred to in paragraph 1 shall include in particular:

1.

Audit findings on the acceptance tests, in particular in accordance with § 7 of the Labour Ordinance (AM-VO), Federal Law Gazette (BGBl). II No 164/2000,

2.

Proof of the implementation of the safety and health protection labelling in accordance with the labelling regulation (KennV), BGBl. II No 101/1997,

3.

proof of the updating of the documents pursuant to § 14 paragraph 2 Z 1 to 3,

4.

Proof of compliance with and implementation of the employee protection regulations in accordance with § 14 paragraph 2 Z 4,

5.

Proof of compliance with and implementation of the other legislation pursuant to § 14 para. 2 Z 5,

6.

Proof of compliance and implementation of the requirements in accordance with § 14 paragraph 2 Z 6.

Ship authorisation

§ 16. (1) Before the granting of the authorisation pursuant to § 102 (1) of the Maritime Law, BGBl. No. 62/1997, it is also necessary to demonstrate compliance with the requirements of the protection of workers within the scope of the suitability for driving under Section 102 (2) of the Maritime Law.

(2) The proof of compliance with the requirements of the protection of workers referred to in paragraph 1 shall include in particular:

1.

Verification of compliance with security and health protection documents in accordance with § 5 of the Workers ' Protection Act, BGBl. N ° 450/1994,

2.

Testing of compliance with explosion protection documents in accordance with Regulation explosionable atmospheres (VEXAT), BGBl. II No 309/2004,

3.

Examination of compliance with employee protection regulations, in particular the Workers ' Protection Act, BGBl. N ° 450/1994, and the regulations implementing the Workers ' Protection Act,

4.

Examination of compliance with other laws protecting employees, in particular the legislation in accordance with Section 33 (3) (2) of the Employees ' Protection Act, Federal Law Gazette (BGBl). No 450/1994, as well as in Annex A and Annex B of the Working Capital Regulation (AM-VO), BGBl. II No 164/2000,

5.

Examination of the requirements according to § 95 (3) Z 2 of the Employees ' Protection Act, BGBl. N ° 450/1994,

6.

Audit findings on the acceptance tests, in particular in accordance with § 7 of the Labour Ordinance (AM-VO), Federal Law Gazette (BGBl). II n ° 164/2000 and pursuant to Sections 20 and 43 of the Maritime Workers ' Protection Regulation (SchiffAV), BGBl. II No 260/2009,

7.

Proof of the implementation of the safety and health protection labelling in accordance with the labelling regulation (KennV), BGBl. II No 101/1997 and pursuant to the Maritime Workers ' Protection Regulation (SchiffAV), BGBl. II No 260/2009.

Part 6

Transitional and final provisions

Override

§ 17. With the entry into force of this Regulation, the Regulation of the Federal Minister of Transport, Innovation and Technology shall take effect on the consideration of the requirements of the protection of workers and on the proof of compliance with the authorisation procedure Transport (Workers ' Protection Regulation on Transport-AVO Transport), BGBl. II No 422/2006, as last amended by BGBl. II No 302/2011, except for force.

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