Mining Accident Regulation 2015 - Mining-Uv 2015 And Amendment Of The Regulation On Safety Distances To Hydrocarbon Mining Equipment And Facilities For Comparable Activities

Original Language Title: Bergbau-Unfallverordnung 2015 – Bergbau-UV 2015 und Änderung der Verordnung über Sicherheitsabstände zu Anlagen des Kohlenwasserstoffbergbaus und zu Anlagen für vergleichbare Tätigkeiten

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304. Regulation of the Federal Minister for science, research and economy, with the the regulation on the control of major accidents involving hazardous substances in mines (mining accident regulation 2015 - mining-UV 2015) adopted and changes the regulation on safety distances to hydrocarbon mining equipment and facilities for similar activities

Article 1

Ordinance of the Federal Minister for science, research and economy on the control of major accidents involving hazardous substances in mines (mining accident regulation 2015 - mining-UV 2015)

On the basis of sections 109, para 1 and 3, as well as 119 and in agreement with the Federal Minister of agriculture and forestry, environment and water management on a background of the 181 and 182 para 4 of the mineral raw materials Act (MinroG), Federal Law Gazette I no. 38/1999, as last amended by the Federal Act Federal Law Gazette I no. 80/2015, is prescribed:

Aims and scope

§ 1 (1) is the aim of this regulation, the control of major-accident hazards involving dangerous substances.

(2) this Regulation shall apply



1. for the chemical or thermal processing of mineral raw materials, if such activity is subject to the MinroG, 2 storage for the activities mentioned in no. 1 with a combined, 3 for operating tailings disposal facilities, including tailings ponds or tanks, and 4th for underground gas storage facilities in natural earth formations, aquifers, salt caverns and disused mines, if there are dangerous substances in quantities, - in the Appendix 5 of part 1 column 2 or part 2 column 2 to the Gewerbeordnung (GewO 1994) 1994 , Federal Law Gazette No. 94/1994, as amended by Federal Law Gazette I no. 81/2015, comply with above levels or exceed or - the in the Appendix 5 of part 1 column 3 or part 2 column 3 GewO 1994 above levels meet or exceed it, and, if necessary, the rule referred to in the comments on the annex 5 Z 1994 apply 4 GewO.

Definitions

§ 2. In the sense of this regulation is or are:



1. "transboundary effects of major accidents": effects of severe accidents (§ 84b Z 12 GewO 1994), which reach across the Austrian Federal territory.

2. "Scenario": adopting the process of causally related events, leading to a serious accident.

3. 'Operating organisation': according to the best state of the art (article 109, paragraph 3 MinroG) powers of employees at all levels of function, including the interactions between these responsibilities and powers and responsibilities laid down to prevent serious accidents for human health and the environment;

4. "systematic procedure": all the best state of the art (article 109, paragraph 3 MinroG) necessary measures must be taken to prevent serious accidents and mitigate their consequences for human health and the environment; for all components of the scope of application of the systematic procedure, uniform conditions of use must be given;

5. "recognized method or recognized adoption": one the best state of the art (article 109, paragraph 3 MinroG) corresponding investigation method or this method's underlying assumption of the risk identification and evaluation of safety devices, in the relevant subject area known and accessible is.

6 "Audit": a systematic study conducted according to rules set by a body independent of the farmer. An audit within the meaning of Regulation (EC) No 1221/2009 on the voluntary participation by organisations in a Community eco-management and environmental audit and repealing Regulation (EC) No. 761/2001, as well as the decisions of the Commission 2001/681/EC and 2006/193/EC, OJ No. L 342 of December 22, 2009, p. 1, or an audit within the meaning of the ÖNORM EN ISO 14001 "environmental management systems - requirements with guidance for use (ISO 14001:2004 + COR 1:2009) (consolidated version)" by August 15, 2009, as well as any equivalent certification stating apply auditing, if the documentation of the audit are not older than three years and from the records of the audit, that during this test also the compliance of the operation with the granting and the otherwise the operations applicable to Sary rules tested;

7 "the public": one or more natural or legal persons;

8 'the public concerned': by a decision relating to establishment (production) a plant referred to in § 1, para. 2, institution or by one according to section 119 paragraph 9 MinroG subject to permit change of a facility referred to in section 1 subsection 2 or institution public affected or likely to be affected or the public having an interest; in the sense of this definition have in accordance with section 19, paragraph 7, of the environmental compatibility verification Act 2000, Federal Law Gazette No. 697/1993, as amended by Federal Law Gazette I no. 14/2014, recognised environmental organisations an interest;

9 "chemical treatment of mineral raw material": a treatment process, changes in the chemical composition of the minerals of value;

10 "thermal processing of mineral raw material": a treatment process whereby under supply of thermal energy the chemical composition or the phases of the value minerals; changed

11 "Mountains elimination device": a waste disposal facility within the meaning of section 119 para 1 in conjunction with § 1 Z 27 MinroG, the removing mountains within the meaning of article 3 Z 9 of Directive 2006/21/EC on the management of waste from extractive industries and amending Directive 2004/35/EC, OJ No L 102 of the 11.04.2006 page 15, as last amended by Regulation (EC) No. 596/2009, OJ No. L 188 of July 18, 2009 purpose p. 14;

12 "underground gas storage system": a technical facility (§ 84 b Z 8 GewO 1994) to the underground storage of gas in salt caverns, geological structures, mine workings of a disused mine.

Safety concept

§ 3 (1) the farmer must create a security concept that consists of a non-site-related summary description the overarching objectives and principles, the role and responsibility of the management and of the obligation of the holder to the continuous improvement of the control of hazards of severe accidents. With the concept of security, you must ensure a high level of protection for human health and the environment by appropriate means, organization and management systems. The farmer must make in the security concept in any case fundamental provisions on the following topics:



1. Organization, education and training in safety terms;

2. manner of determination and assessment of risks of major accidents;

3. safe operation of technical equipment;

4. safe performing security-related operational changes;

5. existence of an internal emergency planning for measures to limit the consequences of major accidents;

6. inspections of all security-relevant features and compare these characteristics with the overarching objectives set concerning safety technology and principles of action in the sense of a quality management system;

7 auditing the operation in five years not exceeding, regular time intervals to ensure the conformity of the operational measures relating to the safety technology with the overall objectives and principles of action and demonstrable knowledge and evaluation of the results by the business owner.

(2) the holder must demonstrate the implementation of the security policy through adequate resources and structures specific to each location. Evidence exists of the implementation



1. for operations of the lower class (§ 84b Z 2 GewO 1994) in a closed documentation according to the provisions referred to in paragraph 1 Z 1 to 7; Scope and content of proof must be adapted to the requirements of the case;

2. for companies of the upper class (§ 84b Z 2 GewO 1994) in the template of the security report (§ 5), and in the presence of the internal emergency plan (section 9), as well as the safety management system (section 10).

Reporting of major accidents

§ 4 (1) without prejudice to the immediate notification of a serious accident has 97 MinroG according to § the farmer to the competent authority after a serious accident to report immediately to the following:



1. the circumstances of the accident, 2. the involved dangerous substances, 3. the data available for assessing their consequences for human health, the environment and property, 4. initiated emergency measures, as well as 5 steps, which are intended to alleviate the medium - and long-term consequences of accidents and to avoid a repeat of such an accident.

(2) are at the time of the message not all aforementioned information available or additional relevant facts could be political scrutiny this information must be updated as soon as possible.

(3) a serious accident to meldender referred to in paragraph 1 is in any case



1.

an ignition, explosion or release of a hazardous substance in a quantity of at least 5% in column 3 of the Appendix 5 GewO 1994 specified tonnage threshold, 2. an event, at the one or more dangerous substances (irrespective of the quantity of the substance) a) to the death of a person in the operation, b) for hospital stays of at least 24 hours of at least six persons in operation or c) within the company have led to damage of at least two million euros , as well as 3 covered not by the Z 1 or 2 event involving one or more dangerous substances, if the farmer must have reason to believe, that this event has resulted in serious consequences for human health and the environment, or substantial property damage.

Security report

§ 5 (1) the owner of an establishment of the upper class must report 1994 security MinroG in compliance with the requirements of section 182 in conjunction with § 84f GewO, which must contain the following components:



1. a description of the Organization and its environment conditions (§ 6), 2. the proof of calculating the risks of serious accidents (article 7), 3 is a description of the areas likely to be affected by an accident (section 7);

4. a presentation of the measures taken for the prevention of major accidents and to limit their consequences (§ 8), 5. a summary of the internal emergency plan, including the protection and emergency measures to limit the consequences of a major accident (§ 9), 6 is a summary of the safety management system (section 10) and 7 a statement to the effect that information about the creation of the external emergency plan sent the authority responsible for the implementation of the external emergency plan.

(2) in the safety report, the relevant organisations involved in its preparation shall be indicated.

Description of the Organization and its environment

§ 6. The description of the Organization and its environment must also include for the information pursuant to section 84 d para 1 GewO 1994 the following information:



1. Description of the operation site and its environment;

2. topographic, meteorological, geological and hydrographic data and other information to the surface conditions of the site, also in a row earlier uses, as far as these data for the conclusions of the safety report by relevance are;

3. directory of facilities and activities within the company, where the risk of a serious accident can be;

4. on the basis of available information a directory a) neighboring establishments (§ 84 b Z 4 GewO 1994), b) not under § 1 para 2 of falling neighbouring mining facilities, c) other adjacent plants and d) areas and developments that could; cause an industrial accident or increase the risk and the consequences of such accident, as well as those of Domino effects (§ 84i GewO 1994)

5. designation of dangerous substances with designation according to IUPAC (International Union of pure and applied chemistry), CAs (chemical abstract system)-number, commercial name and with indication of the toxicological, physical and chemical properties, the behavior of materials under normal production process and storage conditions and deviation from normal conditions, as well as the potential human health and environmental immediately existing or potential long term impact of these substances;

6 quantity of hazardous substances that may be present in the operation (§ 84b Z 11 GewO 1994);

7. Description of the main activities and products, as well as the safety-relevant portions of the operation;

8. Description and decisionmaking representation of the technical equipment;

9 description and schematic diagram of the production processes and procedures, as well as specifying production procedures and storage conditions, if necessary using available information on best practices.

Proof of the determination of the risks of serious accidents and the areas likely to be affected by an industrial accident

§ 7 sources of danger must be determined as follows, assessed and evaluated:



1 the security-relevant portions of the operation must be determined, i.e. those parts of the equipment (§ 84 b Z 8 GewO 1994), because of the amount of fabric and the style, or the particular hazards of the production process and or or storage conditions according to relevant technical knowledge as a trigger of a severe accident in question come, may remain single quantities with up to 2% of the respective thresholds part 2 of Appendix 5 GewO 1994 part 1 or column 2 column 2 out of account , if they are to pull on the basis of their custody or their distance from other operating parts rather than trigger of a severe accident into account;

2. for the safety-related parts of operation within the meaning of no. 1, those requirements must be determined and displayed, which may lead to a serious accident, regardless of whether the cause for the tripping of the accident operation lie within or outside (if necessary also due to cross-border effects). For this purpose, the scenarios of possible major accidents in addition to the probability or the conditions of its occurrence must be determined and described including a summary of the Auslöseereignisse governing of the considered scenarios. Causes of severe accident scenarios must in particular a) operational causes, b) external causes in connection with Domino effects (§ 84i GewO 1994), mining installations covered under this regulation, neighbouring commercial facilities, areas and developments that could cause a serious accident or increase the risk and the consequences of such accident, as well as those of Domino effects, and c) examine natural causes (natural hazards);

3. extent and severity of the identified scenarios by serious accidents must be estimated on the basis of the result of the determination of the probability or the conditions of occurrence of scenarios of severe accidents in accordance with no. 2 (if necessary by impact considerations) and represented (by cards, pictures or, where appropriate, descriptions, where the range of the areas should be clearly marked);

4. the determination of the safety-related parts of operation within the meaning of no. 1, the requirements of an accident within the meaning of no. 2 and the assessment of the extent and severity of the identified scenarios of major accidents must be using systematic methods and recognised methods; Events must be referred to as entry requirements, were selected on the basis of recognized assumptions; other methods are applied, the foundations consulted for this must be documented.

Presentation of the measures for the prevention of serious accidents or to limit the consequences of major accidents

§ 8. Measures for the prevention of major accidents and to limit their consequences must be described in particular the necessary technical parameters and equipment to ensure the technical equipment; for this purpose must observed past accidents and incidents relating to the existing operating materials or methods used and lessons drawn from it including expressly cover of more specific measures for the prevention of serious accidents taken into account. In addition, the facilities to limit the consequences of major accidents (for example, reporting and protection systems, technical devices to limit of unplanned releases, including sprinkler systems, steam shield, collecting device or container, emergency shut-off valves, Inertisierungssysteme or water retention) must be described.

Internal emergency plan

§ 9 (1) on the basis of the representation pursuant to § 7 No. 3 or reasonable way to expect is that they lead to a serious accident other if necessary, conducted assessments according to the severity of the impact expected for events, which due to their nature, must be the holder of an establishment of the upper class set security levels for the use of the internal emergency plan; the criteria used for the definition of risk levels must be specified in the internal emergency plan and justified. On the basis of these security levels, the internal emergency plan must describe type and expiration of security measures after detecting a dangerous situation, which may lead to a serious accident. For every circumstance relevant for the occurrence of a serious accident, the internal emergency plan must set those measures to be taken to limit the consequences of accidents and of the risks for persons who reside on the premises.

(2) the internal emergency plan must be presented in summary form and contain at least the following information:



1. Description of the operation site and its environment;

2. name and occupational position of persons of who are authorized to the introduction of emergency measures;

3. name and operational position of the person who is responsible for the implementation and coordination of remedial action on the premises;

4.

Name and operational position of the person who is responsible for the connection to the authority responsible for the implementation of the external emergency plan;

5. set the required training for the performance of duties in connection with the internal emergency plan and, where appropriate, coordination of training with the authority responsible for the implementation of the external emergency plan;

6 presentation of the measures taken and facilities to limit the consequences of major accidents, including by information on personal protective equipment and first aid, as well as other means, which are available for emergency response;

7 information on the arrangements for the release and implementation of the message to the authority responsible for the implementation of the external emergency plan, and the alarm system within the site;

8 information about measures to support corrective actions off site;

9 statement, in whatever form the internal emergency plan was coordinated with the authority responsible for the implementation of external emergency plans.

Safety management system

§ 10 (1) that the holder of an establishment of the upper class to the evidence of implementation which set broad objectives and principles to create the operating organization safety management system must in the security concept correspond to the requirements set out in paragraph 2.

(2) organizational structure, responsibilities, methods, procedures, processes, practices, means and resources of organizational security measures must be set in the security management system. The safety management system must be created on the basis of a risk assessment and comply with the hazards, the operational activities and the complexity of the operating organization. By the safety management system, it must be demonstrated that



1 the tasks, structures and areas of responsibility of the personnel entrusted with the monitoring of the risks of serious accidents capture all decision levels of an operating organization and take measures to raise awareness of the need for continuous improvement as well as the necessary training and training needs is systematically determined security technically with the involvement of employees (including the involvement of foreign entrepreneurs) and carried out the necessary measures;

2. the identification and assessment of hazards and the assessment of the probability of occurrence and severity of injury (the intended operation and exceptional situations, also taking into account activities which under orders issued) is carried out systematically according to recognized methods;

3. the establishment and implementation of procedures for the inspection and issuance of instructions for the safe operation ensured is, particularly in relation to or incorporating the aspects of a) maintenance and maintenance, b) alarm management and temporary shutdown, c) best practices for monitoring and control to reduce the risk of system failure, d) taking into account the risks related to facilities in the aging installed and corrosion , e) the creation of an inventory of the facilities operation, strategy and methodology for the monitoring and inspection of the condition of the facilities, f) adequate follow-up and countermeasures;

4. security-related technical or organisational changes through the definition and application of procedures for planning modifications of technical equipment (§ 84 b Z 8 GewO 1994), of the procedure or the camp or to the interpretation of a new technical facility, a new process or a new storage location are systematically assessed

5. the internal emergency plan through established procedures to identify of foreseeable emergencies on the basis of a systematic analysis and specifications for the creation, testing and control of the emergency plan with the safety management system is tuned and the concerned staff (including relevant personnel of foreign entrepreneurs) receives the necessary information and training, to respond appropriately in the event of danger;

6. procedures for the ongoing assessment of compliance with the targets of that are set in the security concept and the security management system and mechanisms for review and initiation of remedial action for non-compliance; (these procedures include a) the system of operator for the reporting of serious accidents and near-misses (§ 84b Z 13 GewO 1994), particularly those where the protection measures have failed, and b) the appropriate examinations and follow-up on the basis of accumulated experience;

7. procedures are set up for a regular systematic assessment of the safety concept and the effectiveness and suitability of the safety management system (audit) and the top leadership of the operating organisation performs a documented assessment of the safety concept, safety management system and the updates to the concept of security or of the safety management system, including necessary changes in accordance with the results of the audits and reviews.

Public participation

§ 11 (1) the authority, if not already, section 121d para 2 MinroG shall apply MinroG on the establishment of (making) a facility referred to in section 1, paragraph 2 or device simultaneously with the by-laws pursuant to article 119, paragraph 2, in the editorial section applicant widespread daily newspaper, in a periodical newspaper distributed in the affected community and on the Internet page of the authority in the State of , Location and a brief description of the planned installation or facility to publish and to refer, where at least four weeks the following posted on an Internet site (link):



1. Description of the planned installation or facility, including the hazardous materials used; Operating and business secrets are to preserve;

2. where appropriate, the fact that the planned plant or facility subject to a national or transboundary environmental impact assessment or by consultations between the Member States in accordance with article 14 paragraph 3 of the directive of 2012/18/EC on the control of major-accident hazards involving dangerous substances, change and subsequent repealing of Directive 96/82/EC, OJ S. 1, is no. L 197 of the 24.07.2012;

3. information to the authority, which is responsible for the decision, in which relevant information can be obtained and at which comments or questions can be submitted, as well as the dates for the submission of comments or questions;

4. Note that the decision by decision is made;

5. information on when, where and in what manner the relevant information (application documents) are available;

6 details of the arrangements for the involvement and consultation of the public in accordance with paragraph 3 and 4;

7. the most important reports and recommendations on prevention measures, which are the authority, and 8 Note that any other decision-related information which are still not located before the date of publication, are as a result of the Authority during office hours to inspection.

(2) a person who is part of the public concerned, can provide comments and opinions, which must relate to a much-feared danger to persons due to pollution in the event of a serious accident, the publication referred to in paragraph 1 of the authority within four weeks off. These are adequately taken into account in the decision.

(3) who the public concerned is entitled, if not already § 121 paragraph 12 apply MinroG, the Authority during office hours in the communication with the granted a permit for a in section 1 paragraph 2 called facility or institution, and in the results of the consultations carried out before the decision and their consideration in the context of the decision to inspect. Operating and business secrets are to maintain.

(4) a person who has one of the affected public and timely raised objections relating to a perceived danger to persons due to pollution in the event of a serious accident, has party position MinroG as far as the procedure according to § 119.

(5) paragraphs 1 to 4 shall apply also for according to section 119 paragraph 9 MinroG subject to authorization changes of a plant referred to in § 1 paragraph 2 or institution.

Authorities

§ 12 authorities within the meaning of this regulation are the authorities for sections 170 and 171 MinroG.

Gender-neutral designation

§ 13. The personal names used in this regulation are gender-neutral.

Home and expiry; Transitional provision

Section 14 (1) this regulation occurs at the end of the day of the by-laws in force; at the same time the mining accident Regulation (mining-UV), Federal Law Gazette II No. 103/2007, override.

(2) yet not final at the time of entry into force of this regulation completed procedure according to § 119 MinroG is section 11 does not apply.

Implementation note


§ 15. By this regulation, the directive is 2012/18/EC on the control of major-accident hazards involving dangerous substances, to the change and subsequent repeal of Directive 96/82/EC, OJ No. L 197 of the 24.07.2012 S. 1, implemented.

Article 2

Amendment of the regulation on safety distances to hydrocarbon mining equipment and facilities for comparable activities

Ordinance of the Federal Minister for Economic Affairs and labour of safety distances to facilities of hydrocarbon mining and equipment for similar activities, BGBl. II No 56/2006, is amended as follows:

1 paragraph 3 section 1:

"(1) were the holders of mining or the a / a legitimate mining peers (§ 2 para 4 MinroG) by the authority under section 29 of the borehole mining regulation, Federal Law Gazette II No. 367/2005, in its up-to-date version, with prescribed permit higher margins of safety or were MinroG is to be applied to the / of the mining holders pursuant to § 182 3, to comply with a given higher protection distance, these higher safety margins or the MinroG derogation from §§ 1 and 2 pursuant to article 182, paragraph 3 applied protection distance significantly."

2. the text of section 6 receives the sales designation (1); the following paragraph 2 is added:

"(2) section 3 para 1 as amended by the regulation BGBl. II Nr 304/2015 enters into force with expiration of the day of the announcement."

Mitterlehner