Employment Protection Regulation Transport 2011 - Avo Transport 2011

Original Language Title: Arbeitnehmerschutzverordnung Verkehr 2011 – AVO Verkehr 2011

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997760/arbeitnehmerschutzverordnung-verkehr-2011--avo-verkehr-2011.html

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17 th Ordinance of the Federal Minister for transport, innovation and technology taking into account the requirements of the protection of workers and the proof of compliance with approval of transport (employment protection regulation transport 2011 - AVO transport 2011)

On the basis of § 15 para 1 and 17 para. 1 of the Federal Act on the transport Labour Inspectorate (transport labour inspection Act 1994 - REBRA 1994), BGBl. No. 650/1994, as last amended by Federal Law Gazette I no. 51/2011, and of articles 92 to 94 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. 51/2011 , is prescribed:

Table of contents



1 part General



§ 1.



Scope



2. part Eisenbahnrechtliches method



§ 2.



Marketing authorisation and transport concession



§ 3.



Safety certification



§ 4.



Safety authorisation



§ 5.



Railway construction permit and approval



§ 6.



Operating permit



§ 7.



General arrangements of railway staff



3. part Seilbahnrechtliches procedures



§ 8.



Security report



§ 9.



Operating permit



§ 10.



Concession extension



4 part environmental compatibility test procedures



§ 11.



Environmental impact assessment



§ 12.



Notification of completion, follow-up



5. part Schifffahrtsrechtliches procedures



§ 13.



Concession



§ 14.



Permit



§ 15.



Use permit



§ 16.



Ship approval



6 part transitional and final provisions



§ 17.



Expiry of



1 part

General information

Scope

§ 1 (1) the provisions of sections 2 to 7 of this Regulation apply for approval under the Federal law on railways, rail vehicles on railways and transport on railways (Railway Act 1957 - EisbG), Federal Law Gazette No. 60/1957.

(2) the provisions of §§ 8 to 10 of this Regulation shall apply for approval under the Federal law on cable cars (funicular law 2003 - SeilbG 2003), Federal Law Gazette I no. 103/2003.

(3) the provisions of sections 11 and 12 of this Regulation apply for approval to the Federal law on environmental impact assessment (environmental compatibility verification Act 2000 - EIA-G 2000), BGBl. No. 697/1993, as far as permits under the Federal law on railways, rail vehicles on railways and transport on railways (Railway Act 1957 - EisbG), BGBl. No. 60/1957, according to the Federal law on cable cars (cableway law 2003 - SeilbG 2003), Federal Law Gazette I no. 103/2003 , or according to the Federal law on inland navigation (maritime law - SchFG), Federal Law Gazette I no. 62/1997, are affected.

(4) the provisions of §§ 13 to 16 of this Regulation apply for approval under the Federal Act on inland navigation (maritime law - SchFG), Federal Law Gazette I no. 62/1997.

2 part

Railway-legal process

Marketing authorisation and transport concession

2. (1) in the context of proof of professional competence pursuant to §§ 15 b para 1 No. 3 and 15e and b paragraph 1 Z is §§ 16 3 and 15e of the Railway Act to check each also complying with the requirements of the protection of workers and to prove as far as these in individual cases already apply.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1. proof of the order of appropriate persons according to § 3 para 6 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, to ensure that the implementation and compliance with the necessary protection measures have, 2. evidence of the order of the safety supervisor in accordance with § 10 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994 , and the regulation of the safety supervisor (SVP-VO), Federal Law Gazette No. 172/1996, 3. evidence about the safety-technical support in accordance with article 73 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 4 proof of occupational health care in accordance with section 79 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 5. verification of the organizational arrangement of prevention professionals according to § 83 para 7 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 6 supporting documents concerning the establishment of the occupational safety and health committees in accordance with sections 88 and 88a of the ArbeitnehmerInnenschutzgesetzes , BGBl. No. 450/1994, 7 evidence of the creation of the safety and health documents in accordance with articles 4 and 5 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and the Ordinance on the safety and health documents (DOK-VO), Federal Law Gazette No. 478/1996, 8, verification of the implementation of coordination pursuant to § 8 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994.

Safety certification

§ 3 (1) in the framework of the proof of the arrangements to ensure of the security of the operation in accordance with § 37a of the Railway Act is to check each also complying with the requirements of the protection of workers and to prove.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1. evidence on the implementation of the information and training, as well as the proof of professional knowledge in accordance with §§ 12, 14, 62 and 63 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 2. evidence on the use and implementation of testing and maintenance of rolling stock in accordance with § 33 para 2 , 37 and 38 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 3. evidence about updating the requirements pursuant to § 2 para 2 Z 1-Z 8.

Safety authorisation

§ 4 (1) in the framework of the proof of the arrangements to ensure of the security of the operation in accordance with § 38a of the Railway Act is to check each also complying with the requirements of the protection of workers and to prove.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1. evidence on the implementation of the information and training, as well as the proof of professional knowledge in accordance with §§ 12, 14, 62 and 63 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 2. evidence of the carrying out of maintenance, cleaning and inspection in accordance with article 17 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994 , 3. evidence of use as well as the implementation, testing and maintenance of work equipment in accordance with § 33 para 2, 37 and 38 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 4 proof of updating the requirements pursuant to § 2 para 2 Z 1-Z 8.

Railway construction permit and approval

§ 5 (1) in the context of advice in accordance with §§ 31a (1, 32a para. 3) and 33a paragraph 1 of the Railway Act is to check each also complying with the requirements of the protection of workers and to prove.

(2) the opinion referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1 examination of the safety and health protection documents pursuant to section 5 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 2. examination of the document for subsequent work in accordance with § 8 of the construction work coordination Act (BauKG), Federal Law Gazette I no. 37/1999, 3. inspection of explosion protection documents pursuant to Regulation potentially explosive atmospheres (ATEX), Federal Law Gazette II No. 309/2004 , 4. testing comply with the worker protection legislation, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and regulations in carrying out the ArbeitnehmerInnenschutzgesetzes, 5. verification of compliance with the regulations on the protection of workers, the laws according to § 33 par. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and in accordance with Annex A and Annex B of the work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000 , 6 examination of the existence of the requirements pursuant to § 95 para 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994.

Operating permit

Section 6 (1) within the framework of inspection certificates or declarations pursuant to § is 34B of the Railway Act to check each also complying with the requirements of the protection of workers and to prove.

(2) certificates or declarations referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: (1) testing the test findings about the inspections, in particular pursuant to section 7 of the regulations of equipment, Federal Law Gazette II No. 164/2000, and according to § 38 of the railway ArbeitnehmerInnenschutzverordnung (EisbAV), Federal Law Gazette II No. 384/1999, 2. review the operation of the safety and health protection labeling according to labelling regulation, Federal Law Gazette II No. 101/1997 , and according to 5 section of the railway ArbeitnehmerInnenschutzverordnung (EisbAV), Federal Law Gazette II No. 384/1999, 3. check the update of documents pursuant to § 5 para 2 Z 1 to 3, 4. examination of the compliance with and implementation of worker protection laws pursuant to § 5 para 2 Z 4, 5. verification of compliance with and implementation of the regulations according to § 5 para 2 Z 5, 6 audit of the compliance with and implementation of requirements pursuant to § 5 para 2 No. 6.

General arrangements of railway staff


§ 7 (1) before railway legal approval of General layouts of 1957 is railway officials pursuant to section 21a of the Railway Act to verify compliance with the requirements of the protection of workers and to prove.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1. verification of compliance with the safety and health documents according to § 5 employee, Federal Law Gazette No. 450/1994, 2. review the operation of the coordination in accordance with § 8 employee, Federal Law Gazette No. 450/1994, 3. verification of compliance with and implementation of employment protection legislation, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, of the 3rd-5th section of railway ArbeitnehmerInnenschutzverordnung (EisbAV) , BGBl. II No. 384/1999, of the 1st and 2nd section of work equipment Regulation (the regulation), Federal Law Gazette II No. 164/2000, the construction worker protection Ordinance (BauV), Federal Law Gazette No. 340/1994, electric protection Regulation 2003 (ESV 2003), Federal Law Gazette II No. 424/2003, the labelling regulation (KennV), Federal Law Gazette II No. 101/1997, as well as other regulations in implementation of the ArbeitnehmerInnenschutzgesetzes, 4. examination of compliance with and implementation of the State of the art in accordance with § 7 Z 5 employee , Federal Law Gazette No. 450/1994, in particular with regard to existing written operating instructions in accordance with § 14 para 5 employee to comply with the protection of workers in the rail sector (eg "written operating instructions protection of workers - ÖBB 40" of Austrian Federal Railways).

3 part

Cable car-legal process

Security report

Section 8 (1) within the framework of a safety report in accordance with §§ 59 is second sentence and 60 of the cableway law to verify compliance with the requirements of the protection of workers and to prove.

(2) safety reports referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1. verification of compliance with the safety and health protection documents pursuant to section 5 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 2. checking compliance with the document for subsequent work in accordance with § 8 of the construction work coordination Act (BauKG), Federal Law Gazette I no. 37/1999, 3. verification of compliance with the explosion-protection documents pursuant to Regulation potentially explosive atmospheres (ATEX) , BGBl. II No. 309/2004, 4. checking compliance with the occupational safety regulations, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and regulations in carrying out the ArbeitnehmerInnenschutzgesetzes, 5. verification of compliance with the regulations on the protection of workers, the laws according to § 33 par. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, as well as in accordance with Annex A and Annex B of the work equipment Regulation (AM-VO) , Federal Law Gazette II No. 164/2000, 6 examination of the existence of the requirements pursuant to § 95 paragraph 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994.

Operating permit

9. (1) before is granting the operating permit in accordance with section 48 of the cableway law 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 in particular contain: 1 test results of the inspections, in particular pursuant to § 7 of the work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000, 2 proof of performance of the safety and health protection labeling according to labelling regulation (KennV), Federal Law Gazette II No. 101/1997, 3 proof of the updating of documents pursuant to § 8 para 2 Z 1-3 , 4. proof of compliance with and implementation of employment protection legislation § 8 par. 2 No. 4, 5. proof of compliance with and implementation of the regulations according to § 8 para 2 Z 5, 6. proof of compliance with and implementation in the safety report in accordance with section 59, second sentence, of the cable car law measures to address risks and dangerous situations to protect of the workers, 7 proof of compliance with and implementation of requirements pursuant to § 8 para 2 No. 6.

Concession extension

§ 10 (1) in the context of proof of safe and proper operation in accordance with § 28 para 2 of the law of the cableway is to check each also complying with the requirements of the protection of workers and to prove.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1 check of the updating and implementation of safety and health documents according to § 5 employee, Federal Law Gazette No. 450/1994, of the document for subsequent work in accordance with § 8 construction work coordination Act (BauKG), Federal Law Gazette I No 37/1999 and the explosion protection document according to Regulation potentially explosive atmospheres (ATEX), Federal Law Gazette II No. 309/2004 , 2. examination of the compliance with and implementation of employment protection legislation, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and regulations in carrying out the ArbeitnehmerInnenschutzgesetzes, 3. verification of compliance with and implementation of the regulations on the protection of workers, the laws according to § 33 par. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, as well as Annex A and Annex B of the work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000 , 4. checking compliance with the measures referred to in article 95, paragraph 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, when granted exemptions, 5. consideration of the implementation of the safety and health protection labeling according to labelling regulation (KennV), BGBl. II No. 101/1997, as well as 6 inspection the inspection findings about inspections and periodic inspections, in particular pursuant to §§ 7-11 work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000.

4 part

Environmental compatibility test procedures

Environmental impact assessment

§ 11 (1) in the context of a permit application in accordance with article 5, paragraph 1 or section 24a, paragraph 1 of the environmental compatibility verification Act 2000 is to demonstrate compliance with the requirements of the protection of workers.

(2) where part of the permit application referred to in paragraph 1 railway-legal regulations are touched and present therefore opinion pursuant to §§ 31a (1, 32a para. 3) and 33a paragraph 1 of the Railway Act, Z is the proof of the compliance with the requirements of protection of workers in § 5 para 2 apply 6 to 1 to Z.

(3) as far as part of the permit application referred to in paragraph 1 cable car-legal regulations are touched and second sentence and 60 of the cableway law to present are therefore safety reports referred to in articles 59, Z 1-Z 6 is to apply to the proof of the compliance with the requirements of § 8 paragraph 2 protection of workers.

(4) as far as part of the permit application referred to in paragraph 1 administrative provisions on inland navigation are touched and therefore evidence pursuant to § 48 of the Shipping Act, no. 1 to 6 shall apply to the proof of the compliance with the requirements of § 14 para 2 protection of workers.

Notification of completion, follow-up

Section 12 (1) in the framework of a notification of completion, in accordance with article 20, paragraph 1 or § 1 of the environmental compatibility verification Act 2000 as well as in a post-project analysis in accordance with article 22, paragraph 1 or § 26 para 5 of the environmental compatibility verification Act 2000 is also complying with the requirements of the protection of workers to prove 24 h.

(2) If during an inspection in accordance with section 20, subsection 2 or a review pursuant to section 24 h paragraph 2 of the environmental compatibility verification Act 2000 railway legal regulations are affected and are to be submitted therefore test certificates or declarations pursuant to article 34 of the railway law, shall apply to the proof of the compliance with the requirements of the protection of workers article 6 par. 2 Z 1 to 6. In the frame of a post-project analysis in accordance with article 22, paragraph 1 or article 24 h para 5 of the environmental compatibility verification Act 2000 are to prove the inspections according to section 6 para 2 No. 1 to 6 to the proof of the compliance with the requirements of the protection of workers.

(3) where under an inspection pursuant to section 20 para 2 of the environmental compatibility verification Act, cable car-legal regulations are touched, Z 1 to 7 shall apply to the verification of compliance with the requirements of § 9 section 2 protection of workers. In the frame of a post-project analysis according to section 22 para 1 of the environmental compatibility verification Act 2000, the tests referred to in section 9 para 2 are Z to the proof of the compliance with the requirements of the protection of workers to prove 1 to 7.

(4) where under an inspection pursuant to section 20 para 2 of the environmental compatibility verification Act, regulations on inland navigation are touched, Z 1 to 6 shall apply to the proof of the compliance with the requirements of § 15 para 2 protection of workers.

5 part

Schifffahrtsrechtliches method

Concession

Section 13 (1) at the time of shipping operation within the framework of which I is granting a licence in accordance with section 78 of the Shipping Act, Federal Law Gazette No. 62/1997, to demonstrate compliance with the requirements of the protection of workers.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1.

Evidence of the order of appropriate persons according to § 3 para 6 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, which have to pay attention on the implementation and compliance with the necessary protective measures, 2. evidence of the order of the safety supervisor in accordance with § 10 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No 450/1994, and regulation on the safety supervisor (SVP-VO), Federal Law Gazette No. 172/1996, 3. evidence about the safety-technical support in accordance with article 73 of the ArbeitnehmerInnenschutzgesetzes , BGBl. No. 450/1994, 4 proof of occupational health care in accordance with section 79 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 5. verification of the organizational arrangement of prevention professionals according to § 83 para 7 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 6 supporting documents concerning the establishment of the occupational safety and health committees in accordance with sections 88 and 88a of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 7 evidence of the creation of the safety and health documents in accordance with articles 4 and 5 of the ArbeitnehmerInnenschutzgesetzes , Federal Law Gazette No. 450/1994, and the Ordinance on the safety and health documents (DOK-VO), Federal Law Gazette No. 478/1996, 8 evidence establishing the coordination pursuant to § 8 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994.

Permit

Section 14 (1) Federal Law Gazette I is no. 62/1997, within the framework of an application in accordance with section 48 of the Shipping Act, to demonstrate compliance with the requirements of the protection of workers.

(2) the evidence referred to in paragraph 1 have to demonstrate of compliance with the requirements of the protection of workers, in particular to include: 1. verification of compliance with the safety and health protection documents pursuant to section 5 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 2. checking compliance with the document for subsequent work in accordance with § 8 of the construction work coordination Act (BauKG), Federal Law Gazette I no. 37/1999, 3. verification of compliance with the explosion-protection documents pursuant to Regulation potentially explosive atmospheres (ATEX) , BGBl. II No. 309/2004, 4. checking compliance with the occupational safety regulations, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, the Shipping Ordinance, BGBl. II No. 298/2008, and the other regulations in implementation of ArbeitnehmerInnenschutzgesetzes, 5. verification of compliance with the regulations on the protection of workers, the laws according to § 33 par. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, as well as in accordance with Annex A and Annex B of the work equipment Regulation (AM-VO) , Federal Law Gazette II No. 164/2000, 6 examination of the existence of the requirements pursuant to § 95 paragraph 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994.

Use permit

15. (1) before granting the use permit pursuant to § 52 para 1 of the Shipping Act, Federal Law Gazette I is no. 62/1997, 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 in particular contain: 1 test results of the inspections, in particular pursuant to § 7 of the work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000, 2 proof of performance of the safety and health protection labeling according to labelling regulation (KennV), Federal Law Gazette II No. 101/1997, 3 proof of the updating of documents pursuant to § 14 para 2 Z 1-3 , 4. proof of compliance with and implementation of occupational safety regulations according to § 14 para 2 No. 4, 5. proof of compliance with and implementation of the regulations according to § 14 para 2 Z 5, 6. proof of compliance with and implementation of requirements pursuant to § 14 para 2 No. 6.

Ship approval

16. (1) before granting the authorisation in accordance with section 102, paragraph 1, of the Shipping Act, Federal Law Gazette No. 62/1997, is to prove compliance with the requirements of the protection of workers in the context of driving ability in accordance with section 102, paragraph 2, of the Shipping Act.

(2) the proof of compliance with the requirements of the protection of workers referred to in paragraph 1 shall in particular contain: 1. verification of compliance with the safety and health protection documents pursuant to section 5 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 2. checking compliance with the explosion-protection documents pursuant to Regulation potentially explosive atmospheres (ATEX), Federal Law Gazette II No. 309/2004, 3. checking compliance with the occupational safety regulations, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994 , and regulations in carrying out the ArbeitnehmerInnenschutzgesetzes, 4. verification of compliance with the regulations on the protection of workers, the laws according to § 33 par. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and in accordance with Annex A and Annex B of the work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000, 5. examination of the existence of the requirements pursuant to § 95 para. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes , BGBl. No. 450/1994, 6 test results of the inspections, in particular pursuant to § 7 of the work equipment Regulation (AM-VO), Federal Law Gazette II No. 164/2000 and in accordance with articles 20 and 43 of shipping ArbeitnehmerInnenschutzverordnung (SchiffAV), Federal Law Gazette II No. 260/2009, 7 proof of performance of the safety and health protection labeling according to labelling regulation (KennV), Federal Law Gazette II No. 101/1997 and in accordance with shipping ArbeitnehmerInnenschutzverordnung (SchiffAV), Federal Law Gazette II No. 260/2009.

6 part

Transitional and final provisions

Expiry of

§ 17. With the entry into force of this regulation, the regulation of the Federal Minister for transport, innovation and technology taking into account the requirements of the protection of workers and the proof of compliance with approval of transport occurs (employment protection regulation transport - AVO traffic), Federal Law Gazette II No. 422/2006, as last amended by Federal Law Gazette II No. 302/2011, override.

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