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

Pursuant to sections 3 to 8, 14, 60, 62, 63 (1) and (2) and § 72 (1) (1) (1) in conjunction with Section 132 (2) of the Employees 'Protection Act (Employees' Protection Act), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I n ° 147/2006 shall be prescribed:

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 BGBl. II No 536/2006, is amended as follows:

1. In the table of contents is inserted according to § 26a:

" § 26b. Security measures for third parties "

2. In the table of contents are the 8. Section and the 9. Section as well as the Annexes:

" 8. Section

Proof of expertise

§ 48. Employment of workers with specialist knowledge

§ 49. Specialist training

§ 50. Participation in training

§ 51. Empowerment of training facilities

Section 9

Final provisions

§ 52. Transitional provisions

§ 53. In-force pedals

Annex 1: Specialknowledge of training area Safeguards

Annex 2: Speciality of training in the field of safety supervision

Annex 3: Specialknowledge of training area Operations manager connecting railway "

3. § 1 (7) reads:

" (7) The provisions of the Fachkenntnisverifi-Verordnung, BGBl. II No 13/2007, shall apply to the establishments and activities referred to in paragraph 1, in so far as this Regulation does not specify any derogations. "

4. The previous § 1 para. 7 becomes § 1 para. 8.

5. § 23 (2).

6. § 23 (3) and (4) shall become § 23 (2) and (3).

7. In accordance with § 26a the following § 26b is inserted:

" Safeguards for third parties

§ 26b. Where work operations or construction work are carried out by employees of other employers in the area of danger, the railway undertaking shall provide for security measures in accordance with sections 26 and 26a for these workers. "

8. § 27 (1) reads:

"(1) For works in the hazardous area of tracks, the railway undertaking shall appoint a suitable person to supervise the implementation and maintenance of the precautionary measures in accordance with § § 26, 26a and 26b (security supervision)."

9. § 36 (1) first sentence reads:

"Where construction works are carried out close to the danger space of tracks where workers and equipment can enter the danger area of the tracks, the necessary measures shall be carried out in accordance with § § 25, 26, 26, 26a, 26b and 32."

10. The 8. Section is:

" 8. Section

Proof of expertise

Employment of workers with specialist knowledge

§ 48. (1) In addition to the activities referred to in § 2 of the Fachkenntnisdetection-Regulation, employers may employ subsequent works only to employ employees who have the appropriate expertise through a certificate in accordance with § 4 of the Expert knowledge detection regulation, BGBl. II n ° 13/2007,

1.		Work as security posts (§ 30),
2.		Work as a security supervisor (§ 27),
3.		Working as an operating manager on connecting trains (§ 7 Z 1 and Z 2 as well as § 21 (1) and (5) of the Railways Act 1957, BGBl. No 60/1957).

(2) The exception of § 3 (3) of the Fachkenntnisverifi-Verordnung, BGBl. II No 13/2007, shall not apply to the work referred to in paragraph 1.

Specialist training

§ 49. The training for the work referred to in § 48 must include at least the following total number of teaching units (including practical exercises), depending on the training area:

1.		Work as security posts: at least 24 teaching units ( Annex 1 ),
2.		Work as a security supervisor: at least 24 teaching units ( Annex 2 ),
3.		Working as an operating manager on connecting trains: at least 28 teaching units ( Annex 3 ).

Participation in training

§ 50. In order to provide training for work as a security supervisor (§ 49 Z 2), training institutions may only allow persons who already have a proof of their expertise to perform work as security posts (§ 49 Z 1).

Empowerment of training facilities

§ 51. The provisions of § 14 of the Fachkenntnisverifi-Verordnung, BGBl. II No. 13/2007, apply beyond the training provided in § 14 (1) (1) (1) of the FachkenntnisProof-Regulation, also for the training specified in § § 48 and 49 as well as Annex 1 to Annex 3 of this Regulation. "

11. The previous 8. Section (Final provisions) becomes 9. Section, § § 48 (Transitional provisions) and 49 (in-force treks) become § § 52 and 53.

12. § 52 (11) and (12) are:

" (11) Employees who are prior to the 1. Jänner 2008 demonstrably with works in accordance with § 48 Z 1 and Z 2 in the version of the Ordinary BGBl. II No 281/2007, these works may be further employed without the need to demonstrate the expertise of the Member States. This also applies in the case of a change of employer.

(12) Act concerning the appointment of plant managers in accordance with § 48 Z 3 in the version of the BGBl Regulation. II No 281/2007, before the 1. January 2008 shall remain unaffected and shall be regarded as proof of expertise in the meaning of this Regulation. "

Section 53 is added to the following paragraph 3:

" (3) The provisions of § § 1 (7) and (48) to (52) and Annexes 1 to 3 in the version of the BGBl Regulation. II No 281/2007 will take place on 1 January 2007. Jänner 2008 in force. "

14. The following Annexes shall be added:

Annex 1

Specialist knowledge of training area according to § 49 Z 1

SECURITY ITEMS

Training content	Teaching units
Behaviour in the hazard area of the tracks (significance of the signals, design of the railway and track systems, electrical protection of electric trains, railway workers ' protection regulations)	8 UE
Fundamentals of operational management (organisation of railway operations, basic principles of the rules of regulations)	4 UE
Workers 'protection rules for security posts (Railway Workers' Protection Regulation)	4 UE
Operating rules for security posts (including signal rules)	8 UE
Total number of lessons	24 UE

Annex 2

Specialist knowledge of training area according to § 49 Z 2

ASSURANCE SUPERVISION

Prerequisite for admission according to § 50 is the proof of professional knowledge in accordance with § 48 Z 1 (security posts)

Training content	Teaching units
Workers 'protection rules for safety supervision (Railway Workers' Protection Regulation)	4 UE
Operating rules for safety supervision (including signal requirements)	10 UE
Railway technology for safety supervision (construction technology, machine technology including vehicle technology, electrical engineering)	10 UE
Total number of lessons	24 UE