Change Of The Railway Arbeitnehmerinnenschutzverordnung - Eisbav

Original Language Title: Änderung der Eisenbahn-ArbeitnehmerInnenschutzverordnung - EisbAV

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156. Regulation of the Federal Minister for Transport, Innovation and Technology, amending the regulation on the protection of workers in the area of railway workers (Railway Workers ' Protection Regulation-EisbAV)

On the basis of § § 3, 37, 39 para. 1, 60 and 61 in conjunction with § 132 paragraph 2 as well as on the basis of § 39 paragraph 3 of the Employees ' Protection Act, BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 221/2010, shall be arranged:

The regulation of the Federal Minister of Transport, Innovation and Technology on the protection of employees in the area of railway workers (Railway Workers ' Protection Regulation-EisbAV), BGBl. II No 384/1999, as last amended by the BGBl Regulation. II No 208/2009, shall be amended as follows:

1. The 5. and 6. The section of the table of contents is:

" 5. Section

Marking

§ 37. Signals

§ 37a. Identification of obstacles and danger points

6.

General provisions for work equipment

§ 38. Acceptance Check

§ 39. Recurrent Review

§ 40. Audit after exceptional events

§ 41. Audit by lineup

§ 41a. Maintenance of work equipment

§ 42. Security and Health Protection Documents "

2. § 6 para. 2 second sentence is deleted.

3. § 7 (7) shall be deleted.

4. § 26a (3) and (4) are:

" (3) If measures are not possible in accordance with paragraph 2, it must be provided by technical bodies that the employees perceives the rapprochement of a railway vehicle in good time and that vehicles or other mobile devices are provided for the purposes of Protection of workers (e.g. B. mobile maintenance unit) in good time. In this case, the speed of rail vehicles shall be limited to such an extent that workers in the vehicles provided or other mobile facilities for the protection of workers cannot be put at risk.

(4) If measures pursuant to paragraph 2 and paragraph 3 are not possible, it must be provided by technical bodies that the employees can perceivate the rapprochement of a rail vehicle in good time and that the rescue niches can be found in good time. In such a case, the speed of rail vehicles shall be limited to a maximum of 160 km/h. "

5. According to § 37, the following § 37a and heading is inserted:

" Labelling of obstacles and danger points

§ 37a. (1) In order to identify restrictions on the lateral safety distance (§ 6), safety colours must be red/white in accordance with Annex 2 of the labelling regulation, BGBl. II No 101/1997.

(2) In order to identify restrictions on the operating room (§ 7), security colours shall be subject to the pattern black/yellow in accordance with Annex 2 of the Labelling Regulation, BGBl. II No 101/1997.

(3) In order to identify fittings that limit both the lateral safety distance (§ 6) and the operating room (§ 7), security colours must comply with the model in accordance with paragraph 1.

(4) If signals are marked as danger points, then the signal image must not be altered. "

6. In accordance with § 38 (4), the following paragraph 5 is added:

" (5) The obligation to audit work equipment under other legislation, in particular in accordance with the Working Capital Regulation, BGBl. II No 164/2000, paragraph 1 bis (4) does not affect paragraph 4. '

7. In accordance with Article 39 (3), the following paragraph 4 is added:

" (4) The obligation to audit work equipment under other legislation, in particular in accordance with the Working Capital Regulation, BGBl. II No 164/2000, paragraph 1 bis (3) shall not be affected by paragraph 1. '

8. In accordance with § 40 (2), the following paragraph 3 is added:

" (3) The obligation to audit work equipment under other legislation, in particular in accordance with the Working Capital Regulation, BGBl. II No 164/2000, paragraph 1 and (2) shall not affect them. '

9. In accordance with § 41 (3), the following paragraph 4 is added:

" (4) The obligation to audit work equipment under other legislation, in particular in accordance with the Working Capital Regulation, BGBl. II No 164/2000, paragraph 1 bis (3) shall not be affected by paragraph 1. '

10. In accordance with § 41, the following § 41a and title shall be added:

" Maintenance of work equipment

§ 41a. Maintenance books must be provided for the means of work referred to in § 39 (1) (1) to (Z) 6 and (8). The maintenance books shall be entered in the maintenance books, indicating the parts of the work equipment which have been maintained. "

11. In § 46 (4), the second sentence is deleted.

12. § 50 reads:

" Training participation

§ 50. In order to provide training for work as a security supervisor (§ 49 Z 2), training institutions may only allow persons who have already received a proof of their expertise to work as security posts (§ 49 Z 1) and a person who has already received a certificate (§ 49 Z 1). have the practical use of at least five hundred hours in the course of construction work in the hazard area of the tracks, of which at least fifty hours shall be considered as collateral items. "

13. In accordance with § 53 (3), the following paragraphs 4 and 5 are added:

" (4) The provisions of § 37a, together with the title in the version of the BGBl Regulation. II No 156/2011 are due to appear on 1 January 2011. Jänner 2012 in force.

(5) The provisions of Sections 26a (3) and (4), 38 (5), 39 (4), 40 (3), 41 (4), 40 (4), 41a (4) and (50), together with the title in the version of the BGBl Regulation. II No. 156/2011 shall enter into force at the end of the day of the event of the event, at the same time the provisions of the second sentence of § 6 (2) and § 7 (7) and 46 (4) second sentence shall be repeal. "

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