Change Of Employment Protection Regulation (Avo Transport)

Original Language Title: Änderung der Arbeitnehmerschutzverordnung Verkehr (AVO-Verkehr)

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302. Regulation of the Federal Minister for transport, innovation and technology, the employment protection Regulation (AVO transport) modifies the

On the basis of § 15 para 1 and 17 para 1 of the Federal law about the traffic labour inspection, Federal Law Gazette No. 650/1994, as last amended by the Federal Act Federal Law Gazette I no. 51/2011 is prescribed:

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 - AVO traffic), Federal Law Gazette II No. 422/2006, as last amended by Federal Law Gazette II No. 132/2011, is amended as follows:

1. the table of contents is added:

"Part 5

Schifffahrtsrechtliches method

§ 13 concession

Section 14 permit

§ 15 use permit

Section 16 ship approval"

2. paragraph 1 para 3:

"(3) the provisions of sections 11 and 12 of this Regulation apply for approval under the Federal Act on the assessment of the environmental impact (environmental compatibility verification Act 2000), BGBl. No. 697/1993, as far as provided for in the Federal law on railways, rail vehicles on railways and transport on railways (Railway Act 1957), Federal Law Gazette No. 60/1957, according to the Federal law on cableways (cable car Act 2003), Federal Law Gazette I no. 103/2003, or under the Federal Act on inland navigation (maritime law)" ", Federal Law Gazette No. 62/1997, touches are."

3. According to article 1, para. 3, the following paragraph 4 is added:

"(4) the provisions of §§ 13 to 16 of this Regulation apply for approval under the Federal Act on inland navigation (maritime law), BGBl. No. 62/1997."

4. paragraph 9 paragraph 2:

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



1 test findings about the inspections, in particular pursuant to section 7 of the regulations of equipment, Federal Law Gazette II No. 164/2000, 2. proof of performance of the safety and health protection labeling according to Kennzeichungsverordnung, 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 Z 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 referred to in section 59, second sentence, of the cable car Act actions 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 Z 6."

5. According to article 11, paragraph 3 the following paragraph 4 is added:

"(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 is to demonstrate of compliance with the requirements of § 14 para 2 protection of workers to apply."

6 paragraph 12 paragraph 4:

"(4) unless in the context of an inspection pursuant to section 20 para 2 of the environmental compatibility verification Act, cable car-legal regulations are touched, Z 1 to 7 applies to the proof of the 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 inspections according to § 9 para 2 are Z to the proof of the compliance with the requirements of the protection of workers to prove 1 through 7."

7. According to article 12, paragraph 4 the following paragraph 5 is added:

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

8. after paragraph 12 following sections 13 to 16 including headings are added:

"Part 5

Schifffahrtsrechtliches method

Concession

Section 13 (1) at the time of shipping operation within the framework of which 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. proof 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 representatives, 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, 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 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 according to § 8 of the construction work coordination Act, Federal Law Gazette I No 37/1999, 3. verification of compliance with the explosion-protection documents pursuant to Regulation potentially explosive atmospheres, Federal Law Gazette II No. 309/2004, 4. checking compliance with the occupational safety regulations, in particular the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994 , shipping system regulation, Federal Law Gazette 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, and in accordance with Annex A and Annex B of the work equipment regulation, Federal Law Gazette II No. 164/2000, 6 examination of the existence of the conditions pursuant to article 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 No. 62/1997, is 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 contain in particular:



1 test findings about the inspections, in particular pursuant to section 7 of the regulations of equipment, Federal Law Gazette II No. 164/2000, 2. proof of performance of the safety and health protection labeling according to labelling regulation, Federal Law Gazette II No. 101/1997, 3. proof of 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 Z 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 contain in particular:



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, 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 in accordance with § 33 ABS. 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, and in accordance with Annex A and Annex B of the work equipment regulation, Federal Law Gazette II No. 164/2000, 5. examination of the existence of the conditions pursuant to article 95, paragraph 3 No. 2 of the ArbeitnehmerInnenschutzgesetzes, BGBl. No. 450/1994, 6 test findings about the inspections, in particular pursuant to section 7 of the regulations of equipment, Federal Law Gazette II No. 164/2000 "That 7 proof of performance of the safety and health protection labeling according to labelling regulation, Federal Law Gazette II No. 101/1997."

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