52. Regulation of the Federal Minister of Transport, Innovation and Technology, with which the Regulation on the taking into account of the requirements of the protection of workers and the proof of compliance with the licensing procedures of the transport system (Workers ' Protection Regulation on Transport-AVO Transport) is amended

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 79/2008, shall be ordered:

The Ordinance on the Protection of Workers ' Protection, BGBl. II No 422/2006, as last amended by BGBl. II No 57/2008, shall be amended as follows:

1. Before § 1 is inserted as a table of contents:

" CONTENTS

Part 1

General

§ 1. Scope

Part 2

Railway legal procedure

§ 2. Transport authorisation and traffic concession

§ 3. Safety certificate

§ 4. Security Approval

§ 5. Railway law building permit and component type-approval

§ 6. Operating permit

Part 3

Cableway legal procedure

§ 7. Security Report

§ 8. Operating permit

Part 4

Environmental impact assessment procedures

§ 9. Environmental impact assessment

§ 10. Acceptance Check "

2. § 1 together with the headline is:

" 1. Part

General

Scope

§ 1. (1) The provisions of § § 2 to 6 of this Regulation shall apply to approval procedures in accordance with the Federal Act on Railways, Rail Vehicles on Railways and the Traffic on Railways (Railway Act), BGBl. 60/1957.

(2) The provisions of § § 7 and 8 of this Regulation shall apply to approval procedures in accordance with the Federal Act on cableways (Seilbahngesetz 2003), BGBl. I No 103/2003.

(3) The provisions of § § 9 and 10 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 under the Federal Act on Railways, Rail Vehicles on Railways and Transport on Railways (Railway Law), BGBl. No 60/1957, or in accordance with the Federal Act on cableways (cable car law 2003), BGBl. I n ° 103/2003. "

§ § § 2 to 5 are subject to § § 5 to 8.

4. In accordance with § 1, the following § § 2 to 4 together with the heading are inserted:

" 2. Part

Railway legal procedure

Transport authorisation and traffic concession

§ 2. (1) In the context of proof of professional competence in accordance with § § 15b (1) Z 3 and 15e as well as § § 16b (1) Z 3 and 15e of the Railways Act, compliance with the requirements of the employee protection is to be checked and proved, to the extent that: they already apply in individual cases.

(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 Security Confidentiality Ordinance, 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 Safety and Health Protection Documents, BGBl. 478/1996,
8.		Evidence on the implementation of the coordination according to § 8 of the Employees ' Protection Act, BGBl. No. 450/1994.

Safety certificate

§ 3. (1) In the context of the proof of the precautions to ensure the safety of the holding according to § 37a of the Railways Act, compliance with the requirements of the protection of workers ' protection must also be checked and proved.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.		Proof of the implementation of the information and instruction as well as proof of the professional knowledge according to § § 12, 14, 62 and 63 of the Employees ' Protection Act, BGBl. N ° 450/1994,
2.		Proof of use as well as the execution of the inspection and maintenance of the rail vehicles according to § § 33 (2), 37 and 38 of the Employees ' Protection Act, BGBl. N ° 450/1994,
3.		Proof of the updating of the requirements according to § 2 (2) (2) Z 1 to Z 8.

Security Approval

§ 4. (1) Within the framework of the proof of the arrangements to ensure the safety of the holding pursuant to section 38a of the Railway Act, compliance with the requirements of the protection of workers ' protection must be checked and proved.

(2) Proof of compliance with the requirements of the protection of workers in particular shall include, in particular, the following:

1.		Proof of the implementation of the information and instruction as well as proof of the professional knowledge according to § § 12, 14, 62 and 63 of the Employees ' Protection Act, BGBl. N ° 450/1994,
2.		Proof of the implementation of maintenance, cleaning and testing according to § 17 of the Employees ' Protection Act, BGBl. N ° 450/1994,
3.		Proof of use as well as the execution, testing and maintenance of the work equipment in accordance with § § 33 (2), 37 and 38 of the Employees ' Protection Act, BGBl. N ° 450/1994,
4.		Proof of the updating of the requirements according to § 2 paragraph 2 (2) Z 1 to Z 8. "

5. Before § 7 is inserted as title:

" 3. Part

Cableway legal procedure "

6. According to § 8, the following § § 9 and 10 together with the heading are inserted:

" 4. Part

Environmental impact assessment procedures

Environmental impact assessment

§ 9. (1) In the context of an application for authorisation in accordance with § 5 (1) or § 24a (1) of the Environmental Impact Assessment Act (EIA), it is also necessary to demonstrate compliance with the requirements of the employee protection system.

(2) Insofar as the application for authorisation pursuant to paragraph 1 is in contact with the provisions of the railway law and therefore the opinion is to be submitted in accordance with Section 31a (1), 32a (3) and (33a) (1) of the Railways Act, proof of compliance shall be provided for: to the requirements of the protection of workers § 5 (2) (2) (1) to (6).

(3) In so far as the application for authorisation pursuant to paragraph 1 is in contact with the provisions of the national law, and therefore safety reports are to be submitted in accordance with § § 59, second sentence and 60 of the Cable Car Act, proof of compliance with the provisions of the German law on the application of the provisions of Requirements of the protection of employees § 7 sec. 2 Z 1 to Z 6 apply.

Inspection and follow-up inspection

§ 10. (1) Within the scope of a production display according to § 20 (1) of the Environmental Impact Assessment Act as well as in the context of a follow-up check pursuant to Section 24h (16) of the Environmental Impact Assessment Act (EIA), compliance with the requirements of the proof of worker protection.

(2) Where, in the context of the acceptance test pursuant to Article 20 (2) of the Environmental Impact Assessment Act, railway regulations are affected, and therefore test certificates or declarations are to be submitted in accordance with Section 34b of the Railway Act, is to be used for the verification of compliance with the requirements of the protection of employees § 6 (2) (1) to (6).

(3) In the context of a follow-up check in accordance with § 24h (16) of the Environmental Impact Assessment Act (EIA), the tests in accordance with § 6 (2) (2) (1) to (6) of the Environmental Impact Assessment Act (EIA) must be proven.

(4) As far as the acceptance test pursuant to Section 20 (2) of the Environmental Impact Assessment Act has been subject to the law, the requirements of the protection of employees must be proven in accordance with Section 8 (2) (2) (1) to (7) of the Act. "

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