60. Federal Act, which amended the Workers ' Protection Act and the Maternity Protection Act 1979

The National Council has decided:

table of contents

Article 1: Amendment of the Employees ' Protection Act

Article 2: Amendment of the Maternity Protection Act 1979

Article 1

Amendment of the Employees ' Protection Act

The Employees ' Protection Act-ASchG, BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 94/2014, shall be amended as follows:

1. In the table of contents, the entry to § 125 of the expression "§ § 103 to 124" by "§ § 106 to 124" , the entries are replaced by § § 103, 104, 105, 120 and 121.

2. In § 40 (1), the following second sentence is added:

" As far as the following hazard classes or categories are referred to, they shall be understood in accordance with the criteria set out in Annex I, Parts 2 and 3 of Regulation (EC) No 1272/2008 (CLP Regulation), even if the working substance is not covered by this Regulation. is classified. "

3. In § 40, the sections 2 to 4b are:

" (2) Explosive working materials are working materials which can be assigned:

1.		explosive substances/mixtures and products containing explosives (hazard class 2.1),
2.		self-decomposable substances or mixtures (hazard class 2.8), type A and B,
3.		organic peroxides (hazard class 2.15), type A and B.

(2a) Explosive working materials are also working materials, which are explosive properties within the meaning of § 3 of the Chemicals Act 1996, BGBl. I n ° 53/1997, as amended by the BGBl version. I No 14/2015.

(3) Fire-hazardous agents are

1.		oxidising (flammable) working materials which can be assigned:
a.			oxidising gases (hazard class 2.4),
b.			oxidising liquids (hazard class 2.13),
c.			oxidising solids (hazard class 2.14);
2.		extremely flammable, easily flammable and flammable working materials that can be assigned:
a.			flammable gases (hazard class 2.2),
b.			flammable aerosols (hazard class 2.3),
c.			flammable liquids (hazard class 2.6),
d.			flammable solids (hazard class 2.7),
e.			self-decomposable substances or mixtures (hazard class 2.8) other than type A and B,
F.			pyrophoric liquids (hazard class 2.9),
g.			pyrophoric solids (hazard class 2.10),
h.			self-heating-capable substances or mixtures (hazard class 2.11),
i.			substances or mixtures which, in contact with water, develop flammable gases (hazard class 2.12),
j.			organic peroxides (hazard class 2.15) other than type A and B.

(3a) Fire-hazardous agents are also working materials, the fire-promoting, highly flammable, easily flammable or flammable properties within the meaning of § 3 of the Chemicals Act 1996, BGBl. I n ° 53/1997, as amended by the BGBl version. I No 14/2015.

(4) Health-related agents are working materials which can be assigned to one of the following hazard classes:

1.		Acute toxicity (hazard class 3.1),
2.		Etch/irritable effect on the skin (hazard class 3.2),
3.		Severe eye irritation/eye irritation (hazard class 3.3),
4.		Sensitisation of the respiratory tract or the skin (hazard class 3.4),
5.		germ cell mutagenicity (hazard class 3.5),
6.		Carcinogenicity (hazard class 3.6),
7.		Reproductive toxicity (hazard class 3.7),
8.		Specific target organ toxicity, single exposure (hazard class 3.8),
9.		Specific target organ toxicity, repeated exposure (hazard class 3.9),
10.		Risk of aspiration (hazard class 3.10).

(4a) Health-related agents are also agents which are very toxic, toxic, harmful (harmful), corrosive, irritant, carcinogenic, mutagenic, toxic to reproduction, or sensitising within the meaning of Section 3 of the Chemicals Act 1996, BGBl. I n ° 53/1997, as amended by the BGBl version. I No 14/2015.

(4b) Health-related agents are also working materials which have one of the following properties:

1.		"fibrogen", if they can cause diseases of the lung as a result of inhalation with connective tissue formation, as a scooping agent;
2.		"radioactive", if it indicates that spontaneous nuclear processes emit ionizing radiation;
3.		"biologically inert" if they are neither toxic nor fibrogenic as dusts and do not cause any specific disease, but may cause impairment of functions of the respiratory organs. "

4. The previous § 40 para. 4 receives the sales designation "(5)" , the previous paragraph 5 is deleted.

5. § 40 (6).

6. § 40 (7) reads:

" (7) The dangerous working materials also apply to working materials which can be assigned to one of the following hazard classes:

1.		gases under pressure (hazard class 2.5) or
2.		Metals corrosive to metals or mixtures (hazard class 2.16). "

7. The following paragraph 8 is added to § 40:

" (8) Provisions on hazardous agents in regulations on this federal law or in legislation that is after the 9. Section of this federal law shall apply, subject to the following measures:

1.		Provisions applicable to working materials with oxidizing properties shall also apply to oxidising agents within the meaning of paragraph 3 (1);
2.		Regulations for working materials with flammable properties also apply to working materials that can be assigned
a.			flammable liquids (hazard class 2.6) Category 3,
b.			Flammable aerosols (hazard class 2.3) Category 1, and-if this is due to recognised physical data (e.g. B. Hazardous substance databases or literature)-category 2,
c.			organic peroxides (hazard class 2.15), type E and F;
3.		Provisions applicable to working materials with slightly flammable properties also apply to working materials which can be assigned
a.			flammable liquids (hazard class 2.6) Category 2,
b.			Flammable aerosols (hazard class 2.3) Category 1, and-if this is due to recognised physical data (e.g. B. Hazardous substance databases or literature)-category 2,
c.			flammable solids (hazard class 2.7),
d.			self-decomposable substances or mixtures (hazard class 2.8) Type C, D, E and F,
e.			pyrophoric liquids and pyrophoric solids (hazard class 2.9 and 2.10),
F.			self-heating-capable substances or mixtures (hazard class 2.11),
g.			substances or mixtures which develop flammable gases in contact with water (hazard class 2.12), category 2 and 3,
h.			organic peroxides (hazard class 2.15) Type C and D;
4.		Provisions applicable to working materials with highly flammable properties also apply to working materials which can be assigned
a.			flammable gases (hazard class 2.2),
b.			flammable aerosols (hazard class 2.3), category 1, and-if this is due to recognised physical substance data (e.g. B. Hazardous substance databases or literature)-category 2,
c.			flammable liquids (hazard class 2.6) Category 1,
d.			Substances or mixtures which develop flammable gases in contact with water (hazard class 2.12) Category 1;
5.		Provisions applicable to working materials with toxic properties shall also apply to working materials which may be assigned to one of the following hazard classes
a.			acute toxicity (hazard class 3.1) Category 1 to 3,
b.			Specific target organ toxicity in case of single or repeated exposure (hazard class 3.8 or 3.9) in category 1, respectively,
c.			Risk of aspiration (hazard class 3.10);
6.		Provisions applicable to working materials with harmful properties shall also apply to working materials which may be assigned to one of the following hazard classes
a.			acute toxicity (hazard class 3.1) Category 4,
b.			Specific target organ toxicity, single exposure (hazard class 3.8) Categories 2 and 3,
c.			Specific target organ toxicity, repeated exposure (hazard class 3.9) Category 2;
7.		Provisions applicable to working materials with corrosive properties shall also apply to working materials which may be assigned to one of the following hazard classes
a.			Etch/irritable effect on the skin (hazard class 3.2) Categories 1A, 1B and 1C,
b.			Severe eye damage/eye irritation (hazard class 3.3) Category 1;
8.		Provisions applicable to working materials with irritant properties also apply to working materials which can be assigned to one of the following hazard classes
a.			Etch/irritable effect on the skin (hazard class 3.2) Category 2,
b.			Severe eye damage/eye irritation (hazard class 3.3) Category 2,
c.			Specific target organ toxicity in case of single exposure (hazard class 3.8) Category 3;
9.		Provisions concerning working materials with sensitising properties shall also apply to working materials which can be assigned to hazard class 3.4 (sensitisation of the respiratory tract or the skin);
10.		Provisions applicable to working materials with mutagenic properties also apply to working materials which can be assigned to hazard class 3.5 (germ cell mutagenicity);
11.		Provisions for working materials with carcinogenic properties also apply to working materials which can be assigned to hazard class 3.6 (carcinogenicity);
12.		Provisions applicable to working materials with toxic reproduction properties also apply to working materials which can be assigned to hazard class 3.7 (reproductive toxicity). "

8. § 41 (2) reads:

" (2) Employers must identify the properties of the working materials and assess the risks posed by the working materials on the basis of their characteristics or the nature of their use. In particular, they must use the information supplied by the manufacturers or importers/importers, practical experience, test results and scientific knowledge. In case of doubt, they must obtain information from the manufacturers or importers/importers. "

9. § 41 (3).

10. In § 41 (4) the introduction rate and the Z 1 are:

" (4) If work materials are acquired by employers, the following shall apply to the investigation referred to in paragraph 2:

1.		Where an acquired work material is
a.			Regulation (EC) No 1272/2008 (CLP Regulation),
b.			The Chemicals Act 1996, BGBl. I No 53/1997,
c.			the Plant Protection Products Act 2011, BGBl. I No 10/2011,
d.			the Waste Management Act 2002 (AWG 2002), BGBl. I No 102/2002, or
e.			the Biocidal Products Act (Biocidal Product Act), BGBl. I No 105/2013,
		, employers who do not have any other evidence may assume that the information provided by this label is accurate and complete. "

11. In § 42 (1), in § 43 (1), in § 44 (4) and in § 47 (1), in each case according to the word "carcinogenic" the parenthesis expression "(hazard class 3.6-carcinogenicity)" , after the word "mutagenic" the parenthesis expression "(hazard class 3.5-germ cell mutagenicity)" and after the word "reproductive hazard" the parenthesis expression "(Class 3.7-Reproduction toxicity)" inserted.

Article 42 (5) reads as follows:

" (5) The intention to use carcinogenic (hazard class 3.6 carcinogenicity), mutagenic (hazard class 3.5-germ cell mutagenicity) or reproductive (hazard class 3.7-reproductive toxicity) working materials is the intention of the Report to the Labour Inspectorate in writing prior to the start of use. "

Section 44 (2) reads as follows:

" (2) Employers must ensure that containers (including visibly laid pipes) containing dangerous working materials, in accordance with the characteristics of those working materials, provide information on the possible risks involved in the use of their effect, and are clearly visible and permanently marked by necessary safety measures, insofar as the nature of the working substance or the nature of the working process does not prevent it. In this case, other measures must be taken to ensure that workers are provided with sufficient information and training on the risks involved and the necessary security measures. "

14. The following sentence shall be added to section 44 (3):

" Rooms or areas (including cabinets) used for the storage of significant quantities of dangerous working materials must be clearly marked in the case of access, provided that the individual packages or containers do not already have are marked with adequate labelling. "

15. The following paragraph 5 is added to § 60:

"(5) Employers have to make available in the mining sector any employed/in each case an independent self-stretcher (oxygen-self-stretcher)."

16. § 69 (7).

17. § 105 together with the title shall be deleted.

18. § 106 (2) deleted.

19. § 107 (2) deleted.

Article 108 (1) is deleted.

21. In § 108 (2) the word order is deleted "for washbasins and washrooms § 84 para. 4 second sentence AAV," .

22. § 109 (1) and (6) deleted.

23. § 110 (2) and (4) are deleted.

24. In Section 110 (6), the quote is "§ 46" by "§ 46 (2), (5) and (8)" replaced.

25. § 110 (8) reads:

" (8) Until the entry into force of a regulation under this federal law implementing the 4. Section shall be subject to the following provisions of the General Workers ' Protection Regulation (AAV) as federal law:

1.		§ 16 (4) (5), first sentence, (6) and (7) and 9 to 11 shall apply to protective measures against gases, vapours, harmful substances and other impairments.
2.		§ 52 (4) to (6) applies to work with health-related agents,
3.		§ 54 (6) applies to work with explosive materials, with the proviso that the phrase "fire-hazardous materials and" does not apply,
4.		Article 55 (2) to (5) and (7) to (10) shall apply to the replacement and prohibition of working materials and working methods and to the restrictions on use, provided that in the last sentence of the last sentence, paragraph 2 sets a point after the word 'laboratories' and that the last sentence "This shall not apply to the use of benzene in motor fuels, except for the propulsion of two-stroke-powered handheld work equipment.",
5.		§ 65 AAV applies to the storage of special working materials, with the proviso that in paragraph 4 the phrase "clearly and permanently in the course of access and" and in paragraph 9 the phrase " in the course of the access as such clearly and permanently "and in paragraph 9 of the first sentence, the word sequence" or infectious "is deleted."

26. The following paragraph 9 is added to § 110:

" (9) As far as working materials are still in accordance with their properties within the meaning of § 3 of the Chemicals Act 1996, BGBl. I n ° 53/1997, as amended by the BGBl version. I n ° 14/2015, they shall also apply to those workers ' protection regulations which already apply to the appropriate category of danger under the CLP Regulation, in which case § 40 (8) shall apply mutatily. "

27. § 112 para. 1 second sentence is deleted.

Section 114 (1) is deleted; Section 114 (4) shall not apply to Z 7.

29. § 116 (1) and (2) are deleted.

30. § 118 (2).

31. In § 125 the heading is: "Common provisions relating to § § 106 to 124" , in paragraph 2, in paragraph 7 and in paragraph 8, the quote shall be: "§ § 103 to 123" each replaced by "§ § 106 to 122" , paragraph 3 does not include the quote "§ 103 (4) and (5)," and shall, in paragraph 6, quote "§ § 118 to 123" replaced by "§ § 119 to 122" .

32. In § 126, the quote is referred to in paragraph 1 "§ § 103 to 123" replaced by "§ § 106 to 122" and the quote "§ § 103 and 116" replaced by "§ 116" as well as in paragraph 2, the quote "118 to 123" replaced by "119 to 122" .

33. The following paragraph 15 is added to § 131:

" (15) The table of contents, § 40 (1) to (5) and (7) and (8), § 41 (2), in § 41 (4) of the insertion sentence and the Z 1, § 42 (1) and (5), § 43 (1), § 44 (2), (3) and (4), § 47 (1), § 60 (5), § 108 (2), § 110 (6), (8) and (9), § 125, including the Title and § 126 (1) and (2), respectively in the version of the BGBl. I No 60/2015 will enter into force on 1 June 2015. § 40 (6), section 41 (3), § 69 (7), § 107 (2), § 107 (2), § 108 (1), § 109 (1) and (6), § 110 (2) and (4), § 112 (1), second sentence, § 114 (1) and (4) (7), § 116 (1) and (2), Section 118 (2), occur with the expiry of the of 31 May 2015. Section 40 (2a), (3a) and (4a) shall expire at the end of 31 May 2027. '

Article 2

Amendment of the Maternity Protection Act 1979

The Maternity Protection Act 1979, BGBl. N ° 221, as last amended by the Federal Law BGBl. I n ° 138/2013, shall be amended as follows:

1. In Section 2a (2) (7) and (4) (2) Z 11, the word order shall be in each case in the correct grammatical form. "Biological substances" by "biological agents" and the quote "§ 40 para. 4 Z 2 to 4 ASchG" by quoting "§ 40 (5) Z 2 to 4 ASchG" replaced.

2. In Section 2a (2), the Z 9 is deleted.

3. In the last sentence of § 3 (6), the word order is in each case in the correct grammatical form. "occupational health care" by "occupational health care" replaced.

4. § 40 (22) reads:

" (22) § 2a paragraph 2 Z 7, § 3 para. 6 and § 4 paragraph 2 Z 11 in the version of the Federal Law BGBl. I No 60/2015 will enter into force with 1 June 2015. Section 2a (2) Z 9 in the version of the Federal Law BGBl (Federal Law Gazette). I No 60/2015 shall expire at the end of 31 May 2015. "

Fischer

Faymann