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 the Economy, which enacted the Regulation on the control of major-accident hazards involving dangerous substances in mining companies (Mining accident ordinance 2015-Mining-UV 2015) , and the Regulation on safety distances to installations of hydrocarbon mining and installations for comparable activities will be amended

Article 1

Regulation of the Federal Minister for Science, Research and the Economy on the control of major-accident hazards involving dangerous substances in mining companies
(Mining Accident Ordinance 2015-Bergbau-UV 2015)

On the basis of § § 109 (1) and (3) and (119) and in agreement with the Federal Minister for Agriculture, Forestry, Environment and Water Management on the basis of Articles 181 and 182 (4) of the MinroG (MinroG), BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I No 80/2015, shall be arranged:

Objective and scope

§ 1. (1) The objective of this Regulation is to control the risks of serious accidents involving dangerous substances.

(2) This Regulation shall apply

1.

for the chemical or thermal processing of mineral raw materials, to the extent that such activity is subject to the MinroG,

2.

for the storage in connection with an activity referred to in Z 1,

3.

for holding facilities in operation, including tailings ponds or settling basins, and

4.

for underground gas storage facilities in natural earth formations, aquifers, salt caverns and decommissioned mines,

when dangerous substances are present in quantities,

-

the one in Appendix 5, Part 1, column 2, or part 2, column 2, of the Industrial Regulations 1994 (GewO 1994), BGBl. No. 94/1994, in the version of the Federal Law BGBl. I No 81/2015, or exceed or exceed these quantities, or

-

which correspond to, or exceed, the quantities referred to in column 3 or 2, column 3, column 3, 1994, of Appendix 5, part 1, column 3 or 2,

where, where appropriate, the addition rule shall be applied in accordance with the notes to Appendix 5 Z 4 GewO 1994.

Definitions

§ 2. In the spirit of this Regulation, are:

1.

"Cross-border effects of major accidents": effects of major accidents (§ 84b Z 12 GewO 1994), which extend beyond the Austrian federal territory;

2.

"scenario" means the adoption of the expiry of causally linked events which may lead to a serious accident;

3.

"organisation of operations" means the responsibilities and powers of the members of the staff, as defined in the best state of the art (Section 109 (3) MinroG), in order to avoid major accidents for human health and the environment; functional levels, including the interrelations between those responsibilities and powers;

4.

"systematic procedure" means all measures necessary in accordance with the best state of the art (Section 109 (3) MinroG) are to be taken in order to prevent serious accidents and to limit their consequences for human health and the environment; Components of the scope of the systematic procedure must be subject to uniform conditions of use;

5.

"recognised method or accepted acceptance" means a method of investigation corresponding to the best state of the art (Section 109 (3) MinroG) or the underlying assumption of the hazard identification and assessment of safety devices, which is known and accessible in the relevant department;

6.

"auditing" means a systematic investigation carried out in accordance with established rules by a body which is independent of the farmer. An environmental audit within the meaning of Regulation (EC) No 1221/2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, and Commission Decisions 2001 /681/EC and 2006 /193/EC, OJ L 197, 21.7.2001, p. No. 1, or an environmental audit within the meaning of ÖNORM EN ISO 14001 "Environmental Management Systems-Requirements with guidance on application (ISO 14001:2004 + Cor.1:2009) (consolidated version)" of 15 August 2009, as well as each equivalent certification shall be considered to be an audit if the environmental audit documents are not older than three years, and the environmental audit documents indicate that the audit also includes the Agreement of the company with the approval certificate and the otherwise valid for the operation the rules of law have been examined;

7.

"the public" means one or more natural or legal persons;

8.

"public affected" means the installation or establishment referred to in § 1 (2) of a decision to set up (manufacture) or of a modification of a system referred to in § 1 (2) pursuant to § 119 (9) MinroG or the public or the public concerned with an interest in it; within the meaning of this definition, pursuant to Section 19 (7) of the Environmental Impact Assessment Act (EIA) 2000, BGBl. N ° 697/1993, as amended by the Federal Law BGBl. I n ° 14/2014, recognised environmental organisations are interested;

9.

"chemical preparation of a mineral raw material" means a treatment process in which the chemical composition of the valuable mineral is modified;

10.

"thermal treatment of a mineral raw material" means a treatment process in which the chemical composition or phases of the value mineral are modified with the supply of thermal energy;

11.

"rescue facility" means a waste facility within the meaning of section 119 (1) in conjunction with § 1 Z 27 MinroG, which is the disposal of mountains within the meaning of Article 3 Z 9 of Directive 2006 /21/EC on the management of waste from the the extractive industries and amending Directive 2004 /35/EC, OJ L 206, 22.7.2004, p. No. OJ L 102 of 11.04.2006 p. 15, as last amended by Regulation (EC) No 596/2009, OJ L 145, 31.5.2009, p. No. OJ L 188 of 18.07.2009 p. 14;

12.

"underground gas storage facility": a technical plant (§ 84b Z 8 GewO 1994) for the underground storage of gas in geological structures, salt caverns or mine-building of a decommissioned mine.

Security concept

§ 3. (1) The farmer shall draw up a security concept consisting of a non-site-related summary of the overarching objectives and principles of action, the role and responsibility of the management and the obligation of the Farmers are constantly improving the control of the dangers of serious accidents. The safety concept must ensure a high level of protection for human health and the environment through appropriate means, organisation and management systems. In any case, the farmer must make basic provisions in the security concept on the following subject areas:

1.

Organisation, training and training in safety terms;

2.

the way in which the risks of serious accidents are identified and assessed;

3.

safe operation of the technical installations;

4.

Safe implementation of safety-related operational changes;

5.

the existence of an internal emergency plan for measures to mitigate the consequences of major accidents;

6.

accompanying the examination of all safety-related features and comparison of these characteristics with the overall objectives and principles of action defined in relation to safety technology, in the sense of a quality management system;

7.

Audit of operations at regular intervals not exceeding five years in order to ensure the conformity of operational measures with regard to safety technology with the established overarching objectives and principles of action and evidence of and evaluation of the results by the farmer.

(2) The farmer must demonstrate the implementation of the safety concept by means of appropriate means and structures specific to each operating location. The proof of implementation shall be

1.

in the case of establishments of the lower class (§ 84b Z 2 GewO 1994) in a closed documentation, in accordance with the provisions laid down in points 1 to 7 (1) to (7); the scope and content of the proof must be adapted to the requirements of the individual case;

2.

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

Reporting of major accidents

§ 4. Without prejudice to the prompt notification of a serious accident in accordance with § 97 MinroG, the farmer shall immediately report to the competent authority after a serious accident:

1.

The circumstances of the accident,

2.

the dangerous substances involved,

3.

the data available for the assessment of the consequences of accidents for human health, the environment and property,

4.

the emergency measures introduced, and

5.

the steps to be taken to mitigate the medium-and long-term consequences of accidents and to avoid a repetition of such an accident.

(2) If, at the time of the notification, not all of the aforementioned information is available or if additional relevant facts arise during a more detailed examination, this information must be updated in the best possible way.

(3) A serious accident to be reported in accordance with para. 1 is, in any case,

1.

an ignition, explosion or release of a dangerous substance in an amount of at least 5% of the quantity threshold indicated in column 3 of Appendix 5, 5, 1994;

2.

an event in which one or more dangerous substances (irrespective of the substance quantity)

a)

on the death of a person in service,

b)

for hospital stays of at least 24 hours of at least six persons in service, or

c)

within the establishment to be subject to property damage of at least two million euros

, as well as

3.

event not covered by Z 1 or 2 with one or more hazardous substances, if the farmer has reason to believe that this event has a significant impact on human health and the environment or on the environment or Material damage has been caused.

Security Report

§ 5. (1) In fulfilment of the requirements of § 182 MinroG in conjunction with § 84f GewO 1994, the holder of an upper class holding must draw up a safety report, which must contain the following components:

1.

A description of the operation and its ambient conditions (§ 6),

2.

the identification of the hazards of serious accidents (§ 7),

3.

a description of the areas which may be affected by a major accident (§ 7);

4.

a presentation of the measures taken to prevent major accidents and to limit their consequences (§ 8);

5.

a summary of the internal contingency plan, including the protection and emergency measures to mitigate the consequences of a serious accident (§ 9),

6.

a summary of the security management system (§ 10) and

7.

an indication that the competent authority responsible for the implementation of the external emergency plan has been provided with information on the preparation of the external emergency plan.

(2) The safety report shall indicate the relevant organisations involved in its preparation.

Description of the operation and its ambient conditions

§ 6. The description of the operation and its ambient conditions must contain the following information in addition to the information provided in section 84d (1) of the German Trade Union (WCO) 1994:

1.

Description of the location and its environment;

2.

topographical, meteorological, geological and hydrographic data and other information on the site's subbasic relationships, including, where appropriate, as a consequence of previous uses, to the extent that such data are available for the conclusions of the safety report are relevant;

3.

a list of installations and activities within the holding where there may be a risk of a serious accident;

4.

on the basis of available information, a directory

a)

neighbouring farms (§ 84b Z 4 GewO 1994),

b)

not under section 1 (2) of adjacent mining installations,

c)

of other neighbouring plants and

d)

of areas and developments,

that could cause an industrial accident or increase the risk and the consequences of such an accident and that of domino effects (§ 84i GewO 1994);

5.

the exact name of the dangerous substances known as IUPAC (International Union of Pure and Applied Chemistry), with CAS (Chemical Abstract System) number, with a commercially available name and with an indication of the toxicological, physical and physical characteristics of the substances; chemical properties, the behaviour of the substances under normal production process and storage conditions, and in the event of a derogation from the normal conditions and the possible human hygiene and environment-related immediate or the long-term potential effects of these substances;

6.

Maximum quantity of dangerous substances which may be present in the holding (Section 84b Z 11 GewO 1994);

7.

description of the most important activities and products as well as the safety-relevant operating parts;

8.

description and planning of the technical installations;

9.

Description and schematic representation of production processes and procedures as well as the indication of production process and storage conditions, including, where appropriate, available information on best practices.

Evidence of the identification of the hazards of serious accidents and the presentation of the areas likely to be affected by an accident at work

§ 7. Risk sources shall be identified, assessed and evaluated as follows:

1.

The safety-relevant operating parts must be determined, ie. those parts of the technical installations (§ 84b Z 8 GewO 1994), which are due to the quantity of substances present and to the nature or special dangers of the production process and/or the production process; or the storage conditions may be considered as a trigger for a major accident, subject to technical knowledge, with individual quantities up to 2% of the respective volume thresholds referred to in column 2, part 1 or column 2, part 2 of Appendix 5, May not be taken into consideration in 1994 if they are not considered to be the trigger of a serious accident due to their storage or distance to other parts of the holding;

2.

in the case of the safety-relevant operating parts as defined in Z 1, those conditions must be identified and presented which may lead to a serious accident, irrespective of whether the causes of the triggering of the accident within or outside (possibly also as a result of transboundary effects) of the holding. To this end, the scenarios of possible major accidents must be identified and described in addition to the probability or the conditions of their occurrence, including a summary of the relevant scenarios for the scenarios considered. Triggering events. In particular, the causes of major-accident scenarios must be:

a)

operational causes,

b)

external causes, such as those related to domino effects (§ 84i GewO 1994), mining installations not covered by this Regulation, neighbouring commercial premises, areas and developments which cause a serious accident or the risk and the consequences of such an accident, as well as those of domino effects, and

c)

natural causes (natural hazards)

shall be considered;

3.

The extent and severity of the identified major-accident scenarios must be based on the outcome of the determination of the probability of occurrence or of the occurrence of scenarios of major accidents in accordance with Z 2 (if necessary, by (by maps, images or, where appropriate, descriptions, from which the range of the areas is visible);

4.

the determination of the safety-relevant operating parts within the meaning of Z 1, the conditions of a serious accident in the sense of the Z 2 and the assessment of the extent and severity of the identified scenarios of major accidents must be carried out under systematic procedures and accepted methods; the conditions for entry must be those chosen on the basis of accepted assumptions; if other methods are used, then the relevant procedures shall be: Fundamentals are documented.

Presentation of measures for the prevention of major accidents or the limitation of the consequences of major accidents

§ 8. Whereas it is necessary to describe the measures envisaged for the prevention of major accidents and the limitation of their consequences, in particular the technical parameters necessary for this purpose and the equipment for securing the technical installations; past accidents and incidents relating to the substances present in the holding; shall be taken into account and lessons drawn therefrom shall be taken into account, including explicit reference to specific measures to prevent serious accidents. In addition, the facilities for limiting the consequences of serious accidents must be described (for example, reporting and protection systems, technical devices for limiting unplanned releases, including irrigation systems, Steam shielding, collecting device or container, emergency shut-off valves, inerting systems or extinguishing water retention).

Internal Emergency Plan

§ 9. (1) On the basis of the presentation in accordance with Article 7 (3) or other, if necessary, assessments carried out on the scale of the expected impact on events in which it is reasonably expected that they may be expected to: to a serious accident, the holder of an upper class upper class must set security levels for the use of the internal emergency plan; the criteria used for setting the hazard levels must be specified in the internal emergency plan and justified. On the basis of these security levels, the internal emergency plan shall describe the nature and the expiry of the safety measures provided for after the detection of a hazardous situation which may lead to a serious accident. The internal emergency plan shall set out, for each circumstance determining the occurrence of a serious accident, those measures to be taken in order to limit the consequences of the accident and the risks for persons residing on the premises .

(2) The internal emergency plan shall be presented in summary form and shall, in any event, contain the following information:

1.

Description of the location and its environment;

2.

the names and operational positions of the persons authorized to initiate emergency measures;

3.

the name and operational position of the person responsible for carrying out and co-ordinating the remedial measures on the premises;

4.

the name and operational position of the person responsible for the connection with the authority responsible for the implementation of the external emergency plan;

5.

the definition of the necessary training measures to carry out the tasks related to the internal contingency planning and, where appropriate, coordination of such training with the authority responsible for the implementation of the external emergency plan;

6.

Presentation of the measures taken and facilities to limit the impact of major accidents, including personal protective equipment and first aid, and other means available for emergency response are standing;

7.

information on the arrangements for triggering and implementing the notification to the competent authority responsible for the implementation of the external emergency plan and on the alert within the operating site;

8.

Information on arrangements to support remedial action outside the operating site;

9.

Set out the form in which the internal emergency plan was coordinated with the authority responsible for the implementation of the external emergency plans.

Security Management System

§ 10. (1) The safety management system to be established by the holder of an upper class establishment to demonstrate the implementation of the overarching objectives and principles of action of the operational organisation set out in the safety concept shall be that laid down in paragraph 2. shall meet the requirements laid down

(2) In the security management system, organisational structure, areas of responsibility, methods, procedures, processes, ways of action, means and resources of the organizational security measures must be defined. The safety management system shall be drawn up on the basis of a risk assessment and shall be in accordance with the hazards, the operational activities and the complexity of the operational organisation. The safety management system must demonstrate that:

1.

the tasks, organisational structures and responsibilities of the staff responsible for monitoring the risks of serious accidents collect all decision-making levels of an operational organisation and measures to raise awareness of the The need for constant improvement and the need for training and training needs to be systematically identified with regard to safety aspects involving the employees (including the involvement of foreign entrepreneurs) , and the necessary measures shall be implemented;

2.

the identification and assessment of sources of danger and the assessment of the probability of occurrence and the severity of serious accidents (in the course of their intended operation and in exceptional situations, including taking into account activities which: are systematically carried out in accordance with recognised methods;

3.

the establishment and implementation of procedures for the control of operations and the issuing of instructions for the safe operation of operations, in particular with regard to or with the inclusion of aspects

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 associated with ageing facilities and corrosion that are installed in the holding;

e)

the establishment of an inventory of the facilities of the establishment, as well as the strategy and methodology for monitoring and monitoring the state of the facilities;

f)

appropriate follow-up and counter-measures;

4.

safety-relevant technical or organisational changes by establishing and implementing procedures for planning changes to the technical installation (§ 84b Z 8 GewO 1994), the procedure or the warehouse, or to design a new a systematic evaluation of a technical installation, a new procedure or a new storage location;

5.

the internal emergency plan by means of established procedures for the identification of foreseeable emergencies by means of a systematic analysis and by stipulations for the preparation, testing and control of the emergency plan with the safety management system , and that the staff concerned (including the relevant staff of foreign entrepreneurs) receive the necessary information and training measures in order to be able to react appropriately in the event of a danger;

6.

Procedures for the continuous assessment of compliance with the objectives laid down in the safety concept and in the safety management system, as well as mechanisms for the testing and initiation of remedial action in the event of non-compliance; Procedures include:

a)

the system of the operator for the reporting of major accidents and near-accidents (Section 84b Z 13 GewO 1994), in particular those in which the protective measures have failed; and

b)

the relevant investigations and follow-up on the basis of the experience gained;

7.

Procedures for a regular systematic assessment of the safety concept and the effectiveness and suitability of the security management system (auditing) are established and the top management of the operational organisation is responsible for a documented assessment of the security concept, the security management system and the updates of the security concept or the security management system, including necessary changes in accordance with the outcome of audits and verifications.

Public participation

§ 11. (1) At the same time as the proclamation pursuant to § 119 para. 2 MinroG concerning the establishment (manufacture) of a facility or institution referred to in § 1 (2), the Authority has, if not already Article 121d (2) MinroG, applied in the editorial department Part of a daily newspaper widely used in the state, in a periodically published newspaper published in the municipality concerned and on the website of the Authority, applicant, location and a brief description of the planned installation or to publish and to refer to an Internet site (link), to for at least four weeks, the following shall be announced:

1.

a description of the planned installation or equipment, including the dangerous substances used, in order to preserve the secrets of operations and trade;

2.

where appropriate, the fact that the planned installation or installation is the subject of a national or transboundary environmental impact assessment or of consultations between the Member States pursuant to Article 14 (3) of the Directive 2012 /18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 106, 17.4.1996, p. No. OJ L 197 of 24.07.2012 p. 1;

3.

information on the authority responsible for the decision, where relevant information is available and where opinions or questions can be submitted, and on the time limits laid down for the submission of opinions or Questions;

4.

Notice that the decision is made with a decision;

5.

Information on when, where and in what way the relevant information (application documents) are accessible;

6.

details of the arrangements for participation and consultation of the public in accordance with paragraphs 3 and 4;

7.

the main reports and recommendations on contraceptive measures available to the Authority; and

8.

Notice that any further decision-relevant information not yet available at the time of the notice shall subsequently be taken up by the Authority during the term of office for inspection.

(2) Any person belonging to the public concerned may, within four weeks from the date of publication in accordance with paragraph 1 of the Authority, make comments and opinions relating to a feared risk to persons on the basis of immissions in the event of a have to be supplied with serious accidents. These shall be duly taken into account in the decision.

(3) Those who are members of the public concerned shall have the right, in the case of the authority during the term of office, to enter into an authorisation for a facility referred to in Article 1 (2), unless otherwise specified in Section 121 (12) of MinroG. , and to take into account the results of the consultations carried out prior to the decision and taking into account them in the context of the decision. Business and business secrets are to be maintained.

(4) Those who belong to the public concerned and have collected objections in good time, which relate to a feared danger to persons on the basis of immissions in the event of a serious accident, have in this regard party status in the procedure after § 119 MinroG.

(5) Paragraph 1 to 4 shall also apply to changes to a facility or institution referred to in section 1 (2) of the MinroG pursuant to § 119 (9) MinroG.

Authorities

§ 12. Authorities within the meaning of this Regulation are the authorities according to § § 170 and 171 MinroG.

Gender neutral name

§ 13. The personal names used in this Regulation shall be understood to be gender neutral.

Entry into and out of force; transitional provision

§ 14. (1) This Regulation shall enter into force at the end of the day of the event; at the same time, the Mining Accident Ordinance (Bergbau-UV), BGBl. II No 103/2007, except for force.

(2) On the date of entry into force of this Regulation, § 119 MinroG shall not be subject to a legally valid procedure pursuant to § 119 of the MinroG Act.

Implementation Notice

§ 15. This Regulation lays down Directive 2012/18/EU on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Directive 96 /82/EC, OJ L 311, 28.12.1996.. No. OJ L 197 of 24.07.2012 p. 1.

Article 2

Amendment of the Regulation on safety distances to installations of hydrocarbon mines and installations for comparable activities

The regulation of the Federal Minister for Economic Affairs and Labour on safety distances to installations of hydrocarbon mining and installations for comparable activities, BGBl. II No 56/2006, shall be amended as follows:

1. § 3 (1) reads:

" (1) In accordance with § 29 of the Borehole Mining Regulation, BGBl, the authorities responsible for the mining and/or mining rights (§ 2 para. 4 MinroG) have been granted by the authority. II No 367/2005, in the version in force, with a decision of higher safety distances, or if the holder of the mining industry has been instructed in accordance with § 182 (3) of the MinroG to comply with a certain higher protection distance, are different § § 1 and 2 of these higher security distances or the protection distance applied in accordance with § 182 (3 MinroG) shall be decisive. "

(2) The text of § 6 shall be replaced by the sales designation "(1)" ; the following paragraph 2 is added:

" (2) § 3 (1) in the version of the BGBl Regulation. II No. 304/2015 shall enter into force at the end of the day of the event. "

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