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 of Transport, Innovation and Technology, which changes the Regulation on the Protection of Workers ' Protection of Workers (AVO)

On the basis of § § 15 (1) and 17 (1) of the Federal Law on Transport-Labour Inspectorate, BGBl. N ° 650/1994, as last amended by the Federal Law BGBl. I No 51/2011 is assigned:

The regulation of the Federal Minister of 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 the transport system (employee protection regulation Transport-AVO Transport), BGBl. II No 422/2006, as last amended by BGBl. II No 132/2011, shall be amended as follows:

1. The table of contents shall be added:

" 5. Part

Maritime legal proceedings

§ 13. Concession

§ 14. Approval

§ 15. Use of the use

§ 16. Ship authorisation "

2. § 1 (3) reads:

" (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), BGBl. No 697/1993, insofar as authorisations are granted under the Federal Act on Railways, Rail Vehicles on Railways and Transport on Railways (Railway Act 1957), BGBl. No 60/1957, according to the Federal Act on cableways (cable car law 2003), BGBl. I No 103/2003, or in accordance with the Federal Act on Inland Waterways (Shipping Law), BGBl. No 62/1997. '

3. In accordance with Section 1 (3), the following paragraph 4 is added:

(4) The provisions of § § 13 to 16 of this Regulation shall apply to approval procedures in accordance with the Federal Act on Inland Waterways (Shipping Act), BGBl. No. 62/1997. '

4. § 9 para. 2 reads:

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 German Ordinance on Employment and Employment, Federal Law Gazette (BGBl). II No 164/2000,

2.

Proof of the implementation of the health and safety signs according to the labelling regulation, 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 and implementation of the requirements in accordance with § 8 paragraph 2 Z 6. "

5. In accordance with Article 11 (3), the following paragraph 4 is added:

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

6. § 12 (4) reads:

" (4) As far as the requirements of the protection of employees are affected in accordance with Article 20 (2) of the Environmental Impact Assessment Act, the requirements of the protection of employees (§ 9 (2) (1) to (c)) shall be proof of compliance with the requirements of the protection of employees. 7. In the context of a follow-up check in accordance with § 22 (1) of the Environmental Impact Assessment Act 2000, the tests according to § 9 (2) (1) to (7) must be proven to demonstrate compliance with the requirements of the employee protection system. "

7. In accordance with Article 12 (4), the following paragraph 5 is added:

" (5) As far as the 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 Z 6. "

8. According to § 12, the following § § 13 to 16 shall be added together with the headings:

" 5. Part

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. No 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 Confidants, 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 health and safety documents, 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. No 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.

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

3.

Verification of compliance with explosion protection documents in accordance with Regulation explosive atmospheres, 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 to the Working Capital Regulation, 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. No 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 German Ordinance on Employment and Employment, 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, 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.

Verification of compliance with explosion protection documents in accordance with Regulation explosive atmospheres, 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 to the Working Capital Regulation, 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 German Ordinance on Employment and Employment, Federal Law Gazette (BGBl). II No 164/2000,

7.

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

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