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Mining Accident Regulation Mining-Uv

Original Language Title: Bergbau-Unfallverordnung – Bergbau-UV

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103. Federal Minister for Economic Affairs and Labour Ordinance on the control of major-accident hazards in mining companies (Mining accident ordinance -Mining UV)

On the basis of § § 109 (1) and (3), 181 and 182 (3) of the MinroG, BGBl. I n ° 38/1999, as last amended by the Federal Law BGBl. I n ° 113/2006, is being assigned in agreement with the Federal Minister for Agriculture, Forestry, the Environment and Water Management:

Objective and scope

§ 1. (1) The aim of this Regulation is to prevent serious accidents involving dangerous substances and preparations and to limit their consequences.

(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, and

3.

for holding facilities in operation, including tailing ponds and settling basins,

when in Appendix 5 of the 1994 Commercial Code (GewO 1994), BGBl. N ° 194, as amended, dangerous substances or preparations at least in one

-

in Annex 5, Part 1, column 2 and part 2, column 2, of 1994, or

-

in Appendix 5, Part 1, Column 3 and Part 2, Column 3, Part 1, 1994

is present.

Terms

§ 2. Terms used in this Regulation shall have the following meanings:

1.

' establishment ' means the area under the supervision of a holder in a mining sector in which dangerous substances or preparations are present in one or more technical installations, including common or connected infrastructures; and activities;

2.

' technical installation ' means a technical unit within an establishment in which dangerous substances or preparations are manufactured, used, handled or stored, including all the facilities required for their operation, construction, Pipelines, machinery, warehouses, private rail connections, harbor basins or transhipment facilities;

3.

serious accident: an event resulting from uncontrolled operations in an establishment (such as an emission, a fire or an explosion of major proportions) which, either directly or subsequently within or outside the holding, becomes a serious risk in the case of human health or the environment and in which one or more dangerous substances or preparations are involved;

4.

the presence of dangerous substances or preparations: the technically possible presence of a dangerous substance or a dangerous preparation in an establishment or the presence of a chemical or chemical agent in an operation in the event of an out-of-control chemical or chemical composition; or thermal treatment methods, possible production of a dangerous substance or preparation, in each case in a quantity attainable at least as set out in Appendix 5, 1994;

5.

Cross-border effects of accidents: the effects of accidents that go beyond the Austrian territory;

6.

Sleeper-1 operation: a holding in which the dangerous substances or preparations listed in Appendix 5, Part 1, 1994 are contained at least in a quantity indicated in Annex 5, Part 1, column 2, or part 2, column 2, column 2, 1994;

7.

Sleeper 2 operation: an establishment in which the dangerous substances or preparations listed in Appendix 5 of Annex 5 (1994) are contained in at least one of the quantities specified in Annex 5, Part 1, column 3 or part 2, column 3, column 3, 1994;

8.

Operating organisation: the responsibilities and powers of the members of the staff at all levels of function as defined in accordance with the best state of the art (Section 109 (3) MinroG) in order to avoid major accidents for people and the environment, including: the interrelations between those responsibilities and powers;

9.

Safety measure: a technical or organisational provision for the prevention of accidents or the limitation of the consequences of accidents;

10.

Systematic procedure: a manner of testing, assessment and evaluation, as documented before the application, to demonstrate that all necessary measures are taken in accordance with the best state of the art (Section 109 (3) MinroG), in order to prevent serious accidents and to limit their consequences for people and the environment. For all the components of the application area of the systematic procedure, uniform conditions of use must be provided;

11.

recognized method or accepted assumption: a method of investigation corresponding to the rules of the technique or this method underlying the assumption of hazard identification and assessment of safety devices in the relevant field are known and accessible;

12.

Impact assessment: simulations carried out in accordance with recognised methods of the effects of accidents and of the conditions on which they are based;

13.

Audition: a systematic investigation carried out in accordance with established rules by a body independent of the farmer. An environmental audit within the meaning of Regulation (EC) No 761/2001 on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS), OJ L 145, 31.7.2001, p. No. OJ L 114 of 24.04.2001 p. 51, as last amended by Regulation (EC) No 196/2006, OJ L 210, 31.7.2006, p. No. 4, or an environmental audit within the meaning of ÖNORM EN ISO 14001: "Environmental management systems-Specifications with instructions for use", of 1 December 1996, shall be considered to be an audit if the documents relating to the The environmental audit is not older than three years and the documents relating to the environmental audit show that, in the context of this examination, the agreement of the holding with the approval certificate and the otherwise for the holding is also clear. has been examined in the applicable law;

14.

Preparation: the dry and/or wet processing of mineral raw materials for saleable mineral products by means of physical, physico-chemical and/or chemical processes, in particular the crushing, the separation, the Enrichment, dewatering (thickening, filtering, drying, evaporation), the making (agglomeration, briquetting, pelletizing) and the lye, as well as the preparatory, accompanying and subsequent procedures relating to the said processes activities;

15.

chemical preparation of a mineral raw material: a treatment process, in which the chemical composition of the valuable mineral is altered;

16.

thermal processing of a mineral raw material: a treatment process in which the chemical composition or phases of the valuable mineral are modified by supplying thermal energy;

17.

Equipment: an installation for the disposal of mountains (taubem rocks), which accumulate in the search, extraction, storage or processing of mineral raw materials.

Security concept

§ 3. (1) The farmer shall draw up a security concept consisting of a non-site-related summary of the overall objectives and general principles of the holder in safety terms. The safety concept is intended to ensure a high level of protection for people and the environment by means of 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 are identified and evaluated (probability of a certain effect occurring within a given period of time or under certain circumstances) of accidents;

3.

safe operation of the technical installations;

4.

Safe operation of safety-related operational changes;

5.

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

6.

audit of all safety-related characteristics and comparison of these characteristics with the overall objectives and general principles defined in terms of a quality management system as defined in the field of safety technology;

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 overall objectives and general principles laid down; and demonstrable knowledge and evaluation of the results by the farmer.

(2) The farmer must demonstrate the implementation of the safety concept specifically for each operating location. The proof of implementation shall be

1.

for threshold-1 establishments in a closed documentation, in accordance with the provisions of paragraph 1 (1) (1) to (7), where the scope and content of the proof must be adapted to the requirements of the individual case; and

2.

for threshold-2 establishments in the presentation of the safety report (§ 5) and in the presence of the internal emergency plan (§ 10) and the security management system (§ 11).

Reporting of major accidents

§ 4. (1) The farmer shall report serious accidents to the Authority without delay. The message shall include:

1.

Date, time and place of the accident,

2.

the name of the holder and address of the holding,

3.

a brief description of the immediate consequences for man and the environment, including the description of the dangerous substances involved and the direct consequences for man and the environment, and

4.

a brief description of the emergency measures taken and of the safety precautions directly necessary to avoid or repeat them.

This information must be updated if new findings are available after a more detailed examination of the consequences of the accident.

(2) An accident to be reported in accordance with paragraph 1 is in any case

1.

an inflammation, explosion or release of a dangerous substance or a dangerous preparation 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 a death of a person in service, or

b)

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

c)

within the holding, property damage of at least 2 million euros

, as well as

3.

an event not covered by the Z 1 or the Z 2 with one or more dangerous substances or preparations, where the farmer has reason to believe that this event is likely to have significant consequences for man and the environment or has resulted in substantial material damage.

Security Report

§ 5. (1) In fulfilment of the requirements of § 182 MinroG in conjunction with § 84c paragraph 5 GewO 1994, the holder of a sleeper 2 holding must draw up a safety report, which must include the following components:

1.

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

2.

the detection of the risk of accidents (§ 7),

3.

a description of the measures taken to prevent accidents and to limit their consequences (§ 8),

4.

Impact considerations (§ 9),

5.

a summary of the internal contingency plan (§ 10),

6.

a summary of the security management system (§ 11) and

7.

an indication that information on the preparation of the external emergency plan has been transmitted to the authorities responsible for civil protection or disaster relief and the general security.

(2) The safety report shall be reviewed and, if necessary, amended in the event of a change in the operation resulting in a significant impact on the risks associated with major accidents. The farmer shall review and update the safety report or the safety concept where circumstances change or new safety knowledge so requires, but at least every five years. In any event, the safety report must be updated at the request of the Authority, in any event, if any changes in safety-related circumstances justify it.

(3) In the safety report, the names of the relevant organisations involved in the preparation of the report must be mentioned.

Description of the operation and its ambient conditions

§ 6. The description of the operation and its ambient conditions shall contain the following information:

1.

the name, registered office and address of the holder and the full address of the holding,

2.

the name and function of the person responsible for the operation;

3.

adequate information on the identification of the dangerous substance or preparation or category of dangerous substances or preparations and on the classification of the dangerous substances or preparations to the relevant paragraph of the Part 1 or part 2 of Appendix 5 to 1994,

4.

the quantity and physical form of dangerous substances or preparations;

5.

the location and nature of the storage of dangerous substances or preparations in operation;

6.

the activities carried out or intended to be carried out in the holding,

7.

description of the immediate vicinity of the holding, taking into account the factors which may cause a serious accident or increase its consequences,

8.

Description of the site and its environment,

9.

topographical, meteorological, hydrological and geological data and other information relating to the subsoil conditions of the site, possibly also as a result of previous uses, to the extent that such data are available for the conclusions of the safety report are of relevance,

10.

the precise description of the dangerous substances and preparations containing

a)

Designation according to IUPAC (International Union of Pure and Applied Chemistry),

b)

CAS (Chemical Abstract System) number,

c)

of a commercially available name,

d)

Indication of the toxicological, physical and chemical properties, behaviour of the substances or preparations under normal production process and storage conditions and in the event of a derogation from the normal conditions, and

e)

Indication of possible human hygiene and environmental effects of these substances and preparations which are likely to be directly or in the long term possible.

If an assignment according to IUPAC and CAS is not possible, the category according to § 182 MinroG in conjunction with Appendix 5, part 2 WO 1994, is to be stated, which led to the assessment that the establishment is subject to § 182 MinroG.

11.

the maximum quantity of dangerous substances and preparations which may be present in the holding;

12.

an up-to-date list of dangerous substances or preparations which may be in operation at the time of the transmission of the safety report to the Authority;

13.

a list and a schematic representation of the activities carried out on the holding and a list of the technical installations, together with a description of the location of the technical installations within the holding,

14.

a description and planning of the technical installations; and

15.

a description and schematic representation of the preparation process and procedures as well as the specification of treatment process and storage conditions.

Identification, assessment and assessment of risk sources

§ 7. (1) It is necessary to identify those parts of the technical installations which are due to the quantity of substances present and to the nature or specific risks of the process and/or the specific hazards of the process and/or or the storage conditions may be considered as a trigger for a serious accident, with individual quantities up to 2% of the respective volume thresholds in accordance with § 182 MinroG in connection with Z 1 of Appendix 5, shall not be taken into consideration if, on the basis of their safekeeping or their distance to other parts of the holding, they are not considered to be the trigger of a serious accident.

(2) For the parts of technical installations relevant to safety in the sense of paragraph 1, those conditions must be determined and presented which may lead to a serious accident, irrespective of whether the causes of the accident are caused by the Triggering of the serious accident within or outside the company (possibly also as a result of cross-border effects) of the holding, whereby Domino effects (§ 182 MinroG in conjunction with § 84c (9) of the Act 1994) must be taken into consideration. The extent and severity of the detected accident scenarios must be estimated.

(3) The determination of the parts of technical installations relevant to safety in the sense of paragraph 1 and the accident scenarios referred to in paragraph 2 must be carried out using systematic procedures and recognized methods. Entry requirements must be called events that have been selected on the basis of accepted assumptions. If other methods are used, the basic principles used for this purpose need to be documented.

(4) The procedures used for the determination of the danger and the criteria for the selection of the conditions for entry and the criteria and data collections used for the assessment of the probability of occurrence of an accident must be specified in the following section: 84c para. 7 GewO 1994, in accordance with the current knowledge and changes of the best state of the art (§ 109 para. 3 MinroG), it is demonstrably tested and, if necessary, improved.

Presentation of measures for the prevention of major accidents
or to limit the consequences of accidents

§ 8. (1) The criteria used for the assessment and the assessment of safety measures must be given in general terms.

(2) Measures taken in accordance with the best state of the art (Section 109 (3) MinroG) for the prevention of serious accidents must be indicated in summary. From this description it must be possible to see how serious accidents are to be encountered in the risks to humans and the environment identified in accordance with § 7.

(3) Where the assessment of a safety measure is based on the assumption of the safe enclosure of a dangerous substance, the relevant calculations must be settled and estimates of the possible scope of impact shall be taken into account. shall be shown.

(4) In addition to the evidence provided for in paragraphs 2 and 3, a list of the other evidence must be settled in so far as such evidence is based on the parts of a technical installation which are relevant to safety in the sense of Section 7 (1) of the Safety-related Safety Engineering System. in order to demonstrate that the outsourcing, establishment, operation and maintenance of all technical installations and the infrastructures necessary for their operation, which are related to the risk of major accidents, are sufficiently safe and reliable.

Impact considerations

§ 9. (1) As a basis for

1.

the establishment of internal contingency plans (§ 10) and

2.

the estimation of the possibility of entry and the effect of domino effects (§ 182 MinroG in connection with § 84c (9) of the German Securities Act 1994)

for those parts of the technical installations (§ 84b Z 2 GewO 1994), which are considered as triggers for a serious accident, must be representative for the particular purpose of application within the meaning of Z 1 or 2, based on the relevant impact assessment Scenarios within the meaning of section 7 (2).

(2) The result of the impact assessment must be summarised in the form of maps, images or, if appropriate, descriptions. Taking into account the local topographical, meteorological, hydrological and geological conditions, the areas within and outside the establishment (including, where appropriate, transboundary) must be represented by a may be affected by a serious accident.

Internal Emergency Plan

§ 10. (1) The holder of a threshold 2 operation must, on the basis of the impact assessment referred to in § 9 or other assessments carried out if necessary, be based on the extent of the expected impact on events in which the it is reasonably expected that they will lead to a serious accident, setting security levels for the use of the internal emergency plan. The criteria used for the determination of the security levels must be specified and justified in the internal emergency plan.

(2) On the basis of the security levels referred to in paragraph 1, 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 must be coordinated with the authorities responsible for civil protection or disaster relief and for general security and, in any case, an alarm plan (paragraph 1). 3) and a security plan (para. 4).

(3) The alert plan shall ensure that, immediately after a risk situation is detected, a notification is made to an internal or extra-business unit that is constantly preparing to receive such messages. The alert plan shall take account of the security levels referred to in paragraph 1 and shall set alarm cases in accordance with the nature of the event which triggers the risk. In the alert plan, provision must be made for the persons in the danger zone to be informed of the nature of the event. The information relevant to the assessment of the warning must be brought to the attention of the members of the staff in regular intervals not exceeding a period of one year. In the event of a possible cross-border (if applicable also cross-border) effects of accidents, the farmer must alert the authorities responsible for civil protection or disaster relief and for the general security of the security. The nature of the early-warning system for the initiation of operations outside the establishment, the necessary information on alerting and the more detailed information, as soon as they are available, must be taken into account in the activities of the Civil Protection Agency. or in the case of disaster relief and the general security services.

(4) In the security plan, security measures to prevent and mitigate the consequences of serious accidents must be presented. The security plan shall take account of the security levels referred to in paragraph 1. With regard to the bases for the definition of the parts of technical installations which may be considered to be the trigger of a serious accident, the measures provided for in the event of a major accident and the impact assessment referred to may be applied to others. referred to in the safety report. With regard to the stipulations on the suitability of the members of the company, the required training requirements for security personnel and the control measures within the meaning of Article 3 (1) (6) and (7), the relevant parts of the Security management systems are referenced. Where necessary, the training needs must be coordinated with the activities of the authorities responsible for civil protection or disaster relief and for the general security of the security.

(5) In any event, the alarm and the security plan shall contain the following information:

1.

Description of the site and its environment,

2.

the name and operational position of the persons authorised to take immediate action,

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 body responsible for civil protection or disaster relief and for general security,

5.

presentation of the danger areas,

6.

substance-specific information, insofar as they are relevant to the security of the security,

7.

a definition of the responsibilities of the operational security forces, including the necessary training measures,

8.

a presentation of the safety measures taken, taking into account the security measures referred to in paragraph 1, to limit the impact of accidents, including personal protective equipment, and first aid and other means, that are available for emergency measures,

9.

information on the implementation of the alert within the meaning of paragraph 3; and

10.

Information on arrangements to assist in remedial action outside the operating site.

(6) The internal contingency plan shall be tested at intervals of not more than three years.

Security Management System

§ 11. (1) The security management system to be established by the proprietor of a threshold 2 establishment to demonstrate the implementation of the overall objectives and general principles of the operational organisation as defined in the safety concept shall be that defined in paragraph 2. Meet requirements.

(2) In the security management system, organizational structure, planning activities, areas of responsibility, methods, procedures, processes, methods of action, means and resources of the organizational security measures must be defined and must be Application is documented. Where appropriate, foreign contractors must be taken into account. This documentation shall demonstrate that:

1.

the tasks, organisational structures and areas of responsibility of the staff responsible for monitoring the risks of serious accidents record all decision-making levels of an operational organisation,

2.

the necessary training and training needs are systematically identified with regard to safety, with the involvement of employees, and the necessary measures are carried out,

3.

the identification and evaluation of sources of danger and the assessment of the probability of occurrence and the seriousness of accidents are systematically carried out in accordance with recognised methods;

4.

procedures and control plans for the credibility of the safe operation, including maintenance, maintenance and temporary interruptions of operation, and shall be applied;

5.

safety-relevant technical or organisational changes in connection with the planning of a new technical installation, a new procedure or the storage of a dangerous substance which is not yet present during operation and the design of the the necessary technical equipment is systematically evaluated on the basis of procedures defined in this regard,

6.

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 ,

7.

Methods and processes to control the management of the safety management system, to continuously improve and further develop the implementation of the overall objectives and general principles set out in the safety concept and to the general principles and principles of the Ensure the conformity of the safety management system with these overall objectives and general principles, including the accident reporting system, the relevant investigations and follow-up measures in the event of failure of Security measures, including subsequent investigation and corrective measures Non-achievement of the overall objectives and general principles are envisaged,

8.

operational communication and reporting on the prevention of accidents, the limitation of the consequences of accidents, reporting on all safety-related incidents and the accessibility of Documents are adapted to the overall objectives and general principles enshrined in the security concept,

9.

in addition to the methods and processes referred to in Z 7, a regular audit of security management is carried out to assess the effectiveness and adequacy of the security management system, and

10.

the top management of the operational organisation carries out a documented assessment of the security concept, the security management system and the updates of the security concept or the security management system.

Limitation of the safety report

§ 12. A limitation of the contents of the safety report within the meaning of § 182 MinroG in conjunction with Section 84c (5) second sentence and third sentence of the 1994 clause is permissible if the dangerous substances or preparations present in the holding are concerned.

1.

Substances or preparations in solid form in which, under normal conditions of procedure and storage and in the event of a derogation from the normal conditions, a release of the substance or preparation or of energy intended to produce a heavy substance If an accident could not be possible, or

2.

substances or preparations packaged and packaged in such quantities that the greatest possible release may under no circumstances lead to a serious accident; or

3.

Substances or preparations which are present in such quantities and at such a distance from other dangerous substances or preparations of the holding or of an adjacent establishment within the meaning of § 182 MinroG in conjunction with Section 84c (9) of the German Trade Act 1994 the fact that neither they themselves can cause a serious accident, nor can a serious accident be caused by interaction with other dangerous substances or preparations, or

4.

Substances or preparations which are defined as dangerous substances or preparations according to the classification according to § 182 MinroG, in conjunction with Part 2 of Appendix 5, of 1994, but which may be considered as dangerous substances or preparations in the case under consideration. cannot cause a serious accident and for which, in this case, classification as a dangerous substance is not appropriate,

.

Authorities

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

Personal names

§ 14. In the case of the personal names used in this Regulation, the chosen form shall apply to both sexes.

In-force pedals

§ 15. This Regulation shall enter into force with the month following its presentation.

Implementation of Directive 96 /82/EC

§ 16. This Regulation lays down the provisions of Council Directive 96 /82/EC on the control of major-accident hazards involving dangerous substances, OJ L 327, 30.4.1996, p. No. 13), as amended by Directive 2003 /105/EC, OJ L 327, 30.12.2003, p. No. OJ L 345, 31.12.2003, p. 97.

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