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Mountain regulation for all mining areas (General Federal mountain regulation - ABBergV) ABBergV Ausfertigung date: 23.10.1995 full quotation: "General Federal mountain Decree of 23 October 1995 (BGBl. I S. 1466), most recently by article 5 paragraph 5 of the Act of February 24, 2012 (BGBl. I p. 212) has been changed" stand: last amended by article 5 paragraph 5 G v. 24.2.2012 I 212 for more information on the stand number found in the menu under instructions this regulation is used for the area of the mountain law of the following EC directives : - Directive 92/91/EEC of 3 November 1992 concerning the minimum requirements for improving the safety and health protection of workers in the companies extracting minerals through drilling (eleventh individual Directive within the meaning of article 16 1 of Directive 89/391/EEC) (OJ EC No. L 348, p. 8), - Directive 92/104/EEC of 3 December 1992 on the minimum requirements for improving the safety and health protection of workers in surface and underground mineral-extracting industries (twelfth individual Directive within the meaning of article 16 1 of Directive 89/391/EEC) (OJ EC No. L 404 p. 10); In addition - Directive 89/391/EEC of 12 June 1989 on the introduction of measures to improve the safety and health of workers at work (OJ EC No. L 183 p. 1) - only partially according to supplement demand, - Directive 89/655/EEC of 30 November 1989 concerning the minimum requirements for safety and health in the use of work equipment by workers at work (second individual Directive within the meaning of article 16 1 of Directive 89/391/EEC) (OJ EC No. L 393, p. 13), - Directive 89/656/EEC of 30 November 1989 concerning the minimum requirements for safety and health protection when using personal protective equipment by workers at work (third individual Directive within the meaning of article 16 1 of Directive 89/391/EEC) (OJ EC No. L 393, p. 18), - Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the safety and/or health signs at work (ninth individual Directive within the meaning of article 16 1 of Directive 89/391/EEC) (OJ EC No. L 245, p. 23).
Footnote (+++ text detection from: 1.1.1996 +++) (+++ official notes of the standard authority on EC law: implementation of EWGRL 91/92 (CELEX Nr: 392 L 0091) EWGRL 104/92 (CELEX Nr: 392 L 0104) EWGRL 391/89 (CELEX Nr: 389 L 0391) EWGRL 655/89 (CELEX Nr: 389 L 0655) EWGRL 656/89 (CELEX Nr: 389 L 0656) EWGRL 58/92 (CELEX Nr: 392 L 0058) implementation of EGRL 63/95 (CELEX Nr: 395 L 0063) EGRL 11/97 (CELEX Nr)) : 397 L 0011) cf. V v. 10.8.1998 I 2093 implementation of EGRL 21/2006 (CELEX Nr: 306 L 0021) cf. V v. 24.1.2008 I 85 +++) input formula on the basis of § 66, sentence 1 No. 1 letter b, no. 2, 4 letter a and d, no. 5, 6, 9, 10, and sentence 3, the section 67 No. 1 and 8 and section 68 para 2, in conjunction with article 126, paragraph 1, sentence 1 and paragraph 3 and the sections 128 and 129 of the Federal Mining Act of 13 August 1980 () Gazette I p. 1310), last amended by article 8 of the law of the Sea Convention of 1982/1994 of 6 June 1995 execution Act (BGBl. I S. 778), the Federal Ministry of economy in agreement with the Federal Ministry for labour and Social Affairs and for the area of the continental shelf and the coastal waters in agreement with the Federal Ministry of transport prescribed: § 1 factual and spatial application this regulation governs the safety, health and environmental protection at 1 prospecting , Win and recycling of natural resources and the associated rehabilitation of the surface, 2. 1 to 4 are prospecting and winning mineral raw materials in old tailings, 3. the underground storage, 4. activities in test pits and other mining research centres, 5. devices, the predominant activities referred to in paragraphs or to serve are intended, on the Mainland, as well as in the area of the continental shelf and the coastal waters.
Section 2 has general obligations (1) to ensure of the safety and protection of health of employees to take the necessary measures of the occupational safety and health, taking into account the circumstances affecting the work of the entrepreneur. The measures must be designed that 1 the workplaces so designed, be built, equipped, commissioned, operated and maintained, that the employees transferred work run them, without endangering their own safety and health, or that of other employees;
2. workplaces, which are filled with employees, are subject to the supervision by a responsible person;
3. the works connected with a special risk transfer only skilled workers and carried out according to the instructions;
4. all safety instructions to be issued for all groups of employees are appropriate and understandable;
5. adequate facilities to provide first aid available;
6. the necessary safety exercises at regular intervals be carried.
Each locality in the workplaces for activities considered place of employment within the meaning of this regulation and facilities are available or provided pursuant to § 1, including accommodation, and workers in the course of their duties will have access to them. One or more workplaces make an operation.
(2) pursuant to paragraph 1, including the arrangements for their realization, the measures the operator has regularly on their compliance with this regulation and other legislation, the safety and health of employees, to consider and, if necessary, to adapt to changing circumstances. But he has to strive to improve the existing working conditions in terms of health and safety.
(3) the operator has arrangements to take that 1 the measures to be followed pursuant to paragraph 1 in all activities and at each management level, 2 workers to fulfil their duty to cooperate.
(4) the contractor has measures pursuant to paragraph 1 by the following general principles to be: 1. is the work to ensure that risks to life and health do not occur as possible;
2. remaining risks are carefully to assess and if possible to reduce;
3. risks are at their source to combat;
4. If the measures are the State of technology, to take into account occupational medicine and hygiene, as well as other secured adequately findings, particularly in terms of facilitating monotonous work and machine-specific patterns of work and a reduction in their adverse health effects;
5. in the planning of prevention is a proper combination of technology, organisation of work, other working conditions, to pursue social relationships and influences of the environment on the workplace;
6 individual protection measures come into consideration if cannot be guaranteed by other measures adequate to protect;
7. special risks to vulnerable employee groups and special needs of people with disabilities according to type and severity of disability are taken into account.
(5) the operator has to involve external experts or expert bodies, if one's own possibilities in operation are not sufficient. Experts or expert bodies must be given all the information needed for their particular activity.
§ 3 safety and health protection document (1) the contractor shall ensure that as a measure according to § 2 para 1 sentence 1 and 2 creates a document about safety and health (safety and health document) 1.1.1 to 1.1.4, prior to commencement of work no. 3 in accordance with the rates of 3 and 5, including the additional requirements of set out in annex. Other documents existing in the operating can be used for the creation of the safety and health document. In the safety and health document, the operator has to demonstrate that the necessary measures aimed at the safety and health of workers, are taken in a timely manner, taking into account the relevant circumstances and the assessment of working conditions. The safety and health document must be available in the operation. That have been 1 to determine the hazards faced by workers, especially vulnerable employee groups at the respective places of work and subjected to an assessment and the assessment of hazards has led to what results, must be drawn out of it at least.
2. appropriate measures in technical, organisational and human respect for the safety and health of employees are taken;
3. workplaces and equipment securely designed, operated and maintained;
4. the employees in an appropriate manner about the risks to safety and health as well as the protection and measures of prevention are taught at the respective places of work.
(2) in assessing the hazards referred to in paragraph 1 sentence 5 especially those are no. 1 into account, which can result in the design and set up of the work site and the workplace, 2. itself by 1 the design, the selection and use of work equipment, in particular of machines, equipment and systems, as well as agents, dealing with work equipment and substances , 3.
the State of knowledge, the scope of the experience and the physical fitness of employees.
(3) the operator has to revise the safety and health document referred to in paragraph 1 sentence 1 to the necessary extent, to avoid to display operational events as soon as 1 in the places of work important changes, extensions or conversions are made or 2 this is required a repeat of according to § 74 section 3 of the Federal Mining Act.
(4) the result of the periodic inspection according to § 2 para 2 is to put in writing on the measures taken on the basis of the safety and health document.
§ 4 employees of several entrepreneurs cooperation of entrepreneurs (1) temporally and locally common in an operation worked, so every entrepreneur for the sector is responsible, which is subject to his authority. The entrepreneurs have to cooperate in the measures necessary to ensure of the safety and health protection. You have to inform their workers about the dangers for health and safety at work in the operation and to give appropriate instructions.
(2) the operator, which is responsible for the operation 1 set pursuant to paragraph 1 has to coordinate all measures for the safety and health of employees and to determine the necessary details thereof in its safety and health document.
(3) paragraph 1 shall apply accordingly for the cooperation with natural and legal persons and trade partnership, which meet the conditions of § 4 paragraph 5 of the Federal Mining Act.
Section 5 supervision by responsible persons (1) the contractor has to ensure that 1 for each occupied workplace at any time a person is responsible, that has the reliability for this task, skill and physical fitness according to article 59, paragraph 1, of the Federal Mining Act and has been appointed for this purpose, 2. at least one responsible person so long in operation is present or may be present within a reasonably short period of time , how there employees are active, 3. the oversight that is required to ensure the safety and health protection of workers in all work processes, is perceived by appropriate and therefore ordered people in charge.
(2) occupied workplaces must are visited at least once during each shift by a person appointed for the oversight.
(3) an employee alone at a workplace is involved, to ensure appropriate supervision. This requirement is deemed to be met if 1 the workplace twice is visited in a layer by a person appointed for the oversight; If this happens only once, a control message of workers must be done by telephone or radio;
2. for non-hazardous work the workplace once is visited in a layer of a person ordered to supervise and to the workers is a telephonic or radio connection.
(4) paragraph 1 No. 2 and paragraphs 2 and 3 shall not apply if individual employees only with maintenance or simple repair work, with surveillance or other safe and steady work on a non-hazardous and not or hardly changing workplace are responsible as well as a 1 person via telephone, radio or is otherwise always available and can be present within a reasonably short time 2. ordered and which is for the particular workplace person responsible at least once the layer sets with the employees in connection.
The operator has the eligible work and workplaces, as well as details of oversight to set. Sentence 2 shall apply accordingly for work associated with a particular risk.
(5) in the case of work together, and without the constant presence of a person carried out by several employees, the operator has to make sure that an employee may give instructions.
(6) the contractor may exercise the oversight even if it meets the necessary requirements according to article 59, paragraph 1, of the Federal Mining Act.
§ 6 has information, training, consultation (1) the contractor to inform employees before the beginning of employment and changes in their workspaces over risks to safety and health, which they may be exposed in the respective work, as well as the measures and precautions to prevent these hazards and emergency and first aid measures.
(2) in addition, the operator has employees about health and safety during their working time sufficient, appropriate and understandable in accordance with the sentences 2 and 3 with the aim to teach, that they can identify all risks coming in their areas of work into consideration and respond to the threats in an appropriate manner. The briefing includes instructions and explanations, which are specially geared to the workplace or the responsibilities of employees. She must be the setting, a transfer, or changes in the task pane, for unforeseen events, the introduction or modification of equipment or the introduction of a new technology before recording the activity of employees and be adapted to the development of the dangers. The operator has to set no. 1 according to the result of evaluating risks according to § 3 para 1 sentence 5, to repeat the instruction at reasonable time intervals as well as complementing through practical exercises in which cases. Records should be maintained on their implementation.
(3) there is no Works Council, the entrepreneur can have workers to all activities to listen to, the impact on their health and safety. Listen to workers in particular, too important for it set forth in the safety and health document are paragraphs 1 and 2 according to § 3 as well as to questions of information and training.
§ 7 to give written instructions in intelligible form and language of the practice, insofar as they are necessary to ensure of the safety and health of employees, including the use of agents and equipment, as well as the safe use of machinery, equipment, apparatus, mechanical and electrical equipment and tools, the entrepreneur has written instructions for each workplace or operation. These instructions also have information about the use of emergency equipment as well as to contain, such as during an emergency at or in the vicinity of the workplace or operation to proceed.
Section 8 has transfer of work (1) the transfer of work to employees of entrepreneurs to take into account that the employees are able 1 on the basis of their knowledge, their experience and their physical fitness to perform the work in the location as well as 2 to comply with the provisions to be observed for safety and health at work and measures and then to proceed.
(2) in each occupied workplace, a sufficient number referred to in paragraph 1 of suitable employees available must be to accomplish the tasks.
§ Has 9 work share of entrepreneurs according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1 for this to make sure that 1 hazardous work or 2. normally safe work, which can overlap with other operations and thereby bring about a serious hazard, be performed only if a person has released their beginning. Safety precautions before, during and after completion of the work to held a how and which must be regulated in the work release or otherwise in writing, and the respective employees known.
§ 10 precautions when significant risks (1) the contractor has all workers who are exposed to an imminent substantial danger or can be promptly to inform of this danger and the protective measures taken or to be taken.
(2) he has to meet, that only such employees have access to areas with serious or specific dangers 1 who have received previously suitable instructions precautions;
2. employees with immediate serious danger for the own safety or the safety of other persons can take appropriate measures for preparedness and mitigation itself, if the competent person is not reachable;
3. workers at imminent threat of significant stop their work and can get involved by immediately leaving of the jobs in security.
Arrangements pursuant to sentence the knowledge of employees and the existing technical means to consider are 1 No. 2.
(3) the contractor may not ask the employees except in exceptional cases, to resume their activities as long as an immediate significant danger persists.
(4) No. 2 may arise from an action referred to in paragraph 2 no disadvantages the workers, unless they have taken intentionally or grossly negligently inappropriate measures.
§ 11 specific safeguard measures
(1) the contractor has to make sure that according to the type and size of the operation, as well as the nature of the activities, supplemented by the requirements of annex 1 No. 1 to 5, the emergence and spread of fires and explosions, as well as hazardous atmosphere prevents 1, detected and fought;
2. at risk appropriate escape routes and emergency exits and escape and rescue facilities for a safe exit of workplaces for all employees are present and be properly maintained
3. the alarm needed to initiate aid, evacuation and rescue operations and other communication systems in a safe working condition are available;
4. first aid, emergency care and transport of injured are guaranteed;
5. for the emergency the necessary connections to external bodies, particularly in the area of first aid, emergency medical, rescue and fire-fighting, are set;
6. an emergency plan drawn up for major predictable events, up to date and in operation available is held, insofar as the necessary measures not in the safety and health document are set;
7. those persons or bodies are named, assume duties after the numbers 1 to 6; Number, level of knowledge and equipment this category of persons must comply with the total number of employees and the existing special dangers.
(2) in the context of blasting, the contractor for this has to make sure that 1 be stored explosives, igniters and blasting accessories only from specialized and hereby authorized persons, promoted and used;
2. employee and third-party security; precautions to protect
3. explosives, are suitable for the proposed work and the intended purpose igniters and blasting accessories.
Sentence 1 No. 3 particularly applies to pit gas underground and underground enterprises with combustible dusts.
§ 12 has general requirements for workplaces and sanitary facilities (1) in the design of work places to ensure the contractor for employee protection commensurate with the dangers. The workplace must be kept clean, with hazardous substances or dangerous debris to eliminate or to monitor, that health and safety of workers are not compromised. The stability of slag heaps, butts, other dumps and settling tanks must be ensured.
(2) in each workplace and each activity is to provide for safe working practices. The jobs are based on ergonomic principles and taking into account the need, that workers can follow the operations characteristic of their workplace, to design and set up.
(3) sanitary facilities are reasonable according to the type of activities to provide the type and number of employees and the presence of third parties.
(4) as far as it is necessary to protect of workers, danger areas must be clearly marked and delineated by type and size of the dangers and with signs according to § 19 para 1 and 2. The necessary protection measures must be taken for workers who are authorized to enter the danger areas.
(5) the operator has to ensure that number and name of the present 1 employees in a surface operation, 2 people in an underground operation and on an offshore facility are always detectable through records. The likely whereabouts of the persons present in an underground operation must be known.
6) the additional requirements of the annex are 1 No. 6-11 according to the type of operations and activities to comply with. Annex 2 is in addition for day equipment relating to activities and facilities referred to in paragraph 1.
§ 13 places of work for the exploration and extraction through drilling including treatment, underground storage, rehabilitation (1) entrepreneurs has work sites, 1 in which minerals through drilling be sought or won, and prepares related, 2 that the underground storage in conjunction with holes serve or to serve 3 where intended, the surface in connection with the activities referred to in paragraphs 1 and 2 is made usable again , taking into account the natural conditions and work equipment coming to the use of, in particular of the machinery and equipment, to plan, to set up and operate.
(2) is to be expected when drilling, has for its prevention of entrepreneurs to use special facilities. They must be suitable for the respective hole - and operating conditions.
(3) devices and systems, that no. 1 for security are significant according to the result of evaluating risks according to § 3 para 1 sentence 5, must in an emergency from suitable places are can remotely or automatically prevent a dangerous condition otherwise. Systems to shut off and relieving pressure from wells, installations and pipelines must be equipped with remote control - or in effect comparable safety features.
(4) in accordance with the result of evaluating risks according to § 3 para 1 sentence 5 No. 1 occupied workplaces must have the following communication systems: 1 an acoustic and optical system capable; of transmitting alarm signals the workplace safety to ensure correct application in every occupied area
2. an acoustic system that is clearly audible in all areas of the workplace, where often employees reside;
3. locations at appropriate points.
If there are workers normally unused workplaces, appropriate communication systems are there to meet the security requirements to deploy. They must remain ready to go in case of an emergency.
(5) the operator has to ensure that accommodations and lounges at least two separate, as far as possible spaced exits have pursuant to sentence 2. The emergency exits must allow access to a safe area, a safe collection point or to a safe place from which the employees in security can be brought. Sentences 1 and 2 do not apply in those cases where is superfluous because of the small size of the accommodations and lounges emergency exits or these are not necessary to protect of the safety and health of employees.
(6) where it is required according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1, to set up collection points in a secure location, to take the necessary emergency measures are and each is a list of employees assigned to the individual collector lead.
(7) the lighting equipment are to be interpreted, that the operational control areas, escape routes, Einbootungs - and hazardous areas remain illuminated. The request is limited to the time when occasionally occupied workplaces pursuant to sentence 1, where employees are present.
(8) the requirements of annex 3 are in addition for the area of the continental shelf and the coastal waters.
§ 14 has workplaces for surface exploration, extraction and processing, rehabilitation (1) entrepreneurs sites of work, where 1 over ground minerals sought, won or prepares, mineral raw materials in old tailings 2. wanted to or won, 3. the surface related to the prospecting, winning or processing of natural resources is harnessed again, depending on the natural conditions and taking into account the work equipment coming to the use of , especially of machinery and equipment, to plan, to set up and operate.
(2) height and inclination of the slope system must be adapted to the stability of the mountain layers, as well as the dismantling procedure.
(3) against the risk of crashing or outward bulk, precautions shall be taken. Before each starting work, decontamination and extraction impacts of work places or traffic routes on loose mass must be investigated. These are, if necessary, to clear. Sentences 2 and 3 do not apply if an investigate on loose mass and their be spaces is not required because the properties of the layers of mountains.
(4) decontamination and production joints, as well as tilting must not be undercut, except that it does not affect the security.
(5) it must be taken to ensure that the safety of a surface operation is not affected by water inflow.
(6) streets and roads must have a bearing strength, which is appropriate for the work funds. In particular they must be designed to and entertain, that there is a safe driving of machinery, equipment and vehicles.
§ 15 Untertägige workplaces (1) the contractor shall ensure that 1 any underground operation through at least two separate, professionally created and easily accessible for workers with the interface is connected, 2. this way, if their use means a special effort for the employees, are equipped with mechanical means of transport.
Sentence 1 shall apply for the duration of opening and closure as well as for near-surface routes. Under day-farms that were already in use before January 1, 1996, no later than January 1, 2004 set 1 comply with; an adaptation is to undertake as soon as possible.
(2) in any underground operation, for the operator has to make sure that every workplace can leave on at least two separate paths. Quarries without output to the next higher level two independent escape routes must be access mining operation can be reached. Sentence 1 does not apply to premises by a short extension, in driving or decommissioning mines owned or focused on the immediate discovery or finding the extent of minerals. For underground structures in the sense § 126, subsections 1 and 3 of the Federal Mining Act the competent authority at the written request of the entrepreneur in each individual case can allow an exception unless adequate safety precautions for workers have been made otherwise.
(3) Untertägige are workplaces so to create, use, to equip and maintain that the risk of employees at work and the experience is as low as possible. Lines are to be provided with a marking, which facilitates orientation employees. Passenger traffic is adequate to establish and to regulate by specific written instructions.
(4) the operator has to ensure that expansion according to his written instructions is inserted 1 to expose of the mountains, 2. the proper state of the expansion in all workplaces regularly checked and 3 maintained the expansion.
Sentence 1 shall not apply if the mountain is steady experience. In such cases, the stability of the mountains in the workplace is to check regularly. Written instructions are if necessary, be supplemented by written expansion rules after set, 1 No. 1.
(5) in the planning and execution of all activities is to ensure that a spontaneous combustion of substances or minerals is avoided or at an early stage. Flammable substances, which by under days be brought, are to restrict the amount according to the minimum necessary level.
(6) for the transmission of hydrostatic or hydro kinetic mechanical energy are hard to use flammable liquids or to apply procedures that lead to no ignition or explosion in underground farms, which cause mine gas or have combustible dusts. The inflammable liquids must comply with the relevant specifications and test conditions concerning the flammability and the prevention of health hazards. Sentences 1 and 2 apply to other underground companies in the context of the safety requirements. Can in them according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1 hydraulic fluids used are, not the specifications referred to in sentence 2, test conditions and requirements, additional precautions must be taken to prevent the increased risk of fire and its spread.
(7) in mine gas leading underground operations is the production, taking into account the outgassing and of this risks making. The dangers caused by firedamp are to reduce as much as possible. Each underground operation, in which firedamp in a set can be released, the formation of an explosive atmosphere cannot be ruled out that is considered to be leader of mine gas.
(8) in underground facilities where combustible dusts occur, the spread of dust or mine gas explosion explosion locks to limit. About the arrangement of blast barriers, the operator has to prepare a plan regularly to bring up to date and available to keep in operation. Coal dust in underground operations are considered combustible, except that according to the result of evaluating risks according to § 3 para 1 sentence 5 of dust an explosion forward none the opened seams can no. 1.
(9) in areas of underground operations that are gasausbruch -, gebirgsschlag - or water intrusion at risk, work must be planned and carried out, have a safety design and the protection of workers as far as possible ensure. There are measures, detect dangerous zones pursuant to sentence 1 to 1, 2 to control workers in mine workings, which are moving toward on or within such areas to protect, and 3. the dangers.
(10) the operator has to ensure that 1 any person for staying a self-rescuer suitable for the respective operation is provided underground and is a teaching about the use, 2. the self-rescuer in the company are maintained and 3. her condition will be checked regularly on operational capability.
Underground each person must wear a self rescuer with him. Oxygen Self-rescuer must be placed within reach constantly at hand with greater weight.
(11) in any underground operation, adequate organisational measures for the rapid and efficient introduction and carrying out of rescue works are to meet. A sufficient number of theoretically and practically worksite persons with the necessary factual means mine rescue operations must be available for use in any such operation.
Section 16 has ventilation underground workplaces (1) the contractor to ensure that all underground workplaces with a sufficient safety margin is so bewettert, that an atmosphere is maintained, the 1 health and safety is safe, 2. takes into account the dangers caused by explosions and respirable dusts, 3. is adequate working conditions during working hours, taking into account the work methods and the physical effort of the employees.
(2) in mine gas leading underground operations as well as in all other underground enterprises, in which, the natural ventilation has not been sufficient to meet the requirements referred to in paragraph 1, is to ensure the main ventilation by one or more mechanical fans. Here the precautions to take in order to ensure the stability and continuity of the ventilation. At least the negative pressure produced by the main fan is continuously to monitor. An alarm device alerts when inadvertent fan standstill.
(3) in workplaces of firedamp leading underground businesses that serve positioning win of mineral resources, no special ventilation may be applied. For orientation, device - or looted works a special ventilation may set up and operated if such workplaces in close connection with the weather of the mainstream. Sentence 2 shall apply also for other workplaces, which not always can be bewettert their very nature.
(4) the contractor has regularly to measure the ventilation parameters; also the concentration of pit gas belongs in firedamp leading underground operations. He has the results to record and keep a reasonable time.
(5) in firedamp leading underground factories is 1 in the pull-out paths of workplaces with mechanized mining, mine gas concentration constantly to monitor 2 in the area of not durchschlägigen operating points with tunnelling machines and 3. places comparable to other, if necessary. Nature and scope of the audit are to set no. 1 according to the result of evaluating risks according to § 3 para 1 sentence 5.
(6) a ventilation plan the essential features of the ventilation is to make by the entrepreneur, regularly to bring up to date and available to keep in operation.
Article 17 has all the machines to choose No. 1, taking into account the envisaged work or of the intended purpose of usage devices, apparatus, tools or equipment used at work, according to the result of evaluating risks according to § 3 para 1 sentence 5 and provide provision and use of work equipment (1) the contractor. He has to make sure that they are so constructed, commissioned and operated, safety and health of employees are ensured during intended use.
(2) without prejudice to the obligations referred to in paragraph 1 has the entrepreneur to ensure that 1 only work resources are provided, the at least the requirements of annex I of to Directive 89/655/EEC of 30 November 1989 concerning the minimum requirements for safety and health in the use of work equipment by workers (OJ EC No. L 393, p. 13), as last amended by Directive 2001/45/EC of the European Parliament and of the Council of 27 June 2001 (OJ EC No. L 195 p. 46), match, 2. the use of work equipment the provisions of annex II to this directive are respected.
Equipment, additional requirements are set for the in other legislation, may be provided only if they comply with these requirements. Work equipment must be of adequate strength and free from obvious defects, as well as for the respective application sufficient, efficient and secure. If they are intended for areas where the risk of fires or explosions due to inflammation of gases, vapours, mists or dusts which they must meet specific safety requirements.
(3) the operator has to ensure that the work equipment meet the requirements during the entire duration of use referred to in paragraph 2 by maintenance. The same applies to safety devices. For the maintenance and the systematic examination and testing for the safety of important machinery, equipment, apparatus, mechanical and electrical equipment including safety equipment, he has to prepare a plan regularly to bring up to date and available to keep in operation; in the case of exceptional operational events with possible detrimental effects on the safety of work equipment is this extraordinary scrutiny to undergo. All eligible work has been done by qualified persons. The carrying out of tests and trials is pursuant to sentence 3, as well as the results of which are to hold in a list, to keep a reasonable time. Used equipment outside the company is proof of the implementation of the last check to be attached.
(4) it is not possible according to § 3 para 1 sentence 5 No. 1 has to meet identified risks through appropriate work equipment alone, to take additional measures for the safety and health of employees of the contractor. These include safety equipment such as safety devices and safe shut-off systems. Operating systems that have impact on the security, must be clearly visible and allow a switching on and off without risk of dealing with.
(5) without prejudice to the measures pursuant to paragraph 4, the operator to avoid special dangers for it has to ensure that 1 work equipment used only by employees responsible for this, 2. maintenance, repair and renovation work only by persons responsible for this are performed.
(6) special equipment within the meaning of annex I no. 3 of Directive 89/655/EEC, as amended by Directive 95/63/EC of 5 December 1995 (OJ EC No. L 335 S. 28), which are the staff on 5 December 1998 already provided and the lower up to this time applicable legal requirements than those in paragraph 2 set 1 set equal 1 No. may, at the latest on 5 December 2002 I of this directive comply with the requirements of annex.
Section 18 has provision and use of personal protective equipment (1) the contractor to ensure that personal protective equipment can be deployed and used, if the assessment of hazards according to § 3 para 1 sentence 5 No. 1 has revealed that risks to workers are not avoided or adequately reduced by other measures. Equipment within the meaning of § 1 para 2 to 5 of the regulation on the placing on the market of personal protective equipment are regarded as personal protective equipment.
(2) the personal protective equipment are taking into account the identified risks, to select the job-specific characteristics, the duration of use and frequency of exposure and the ergonomic requirements. Their suitability is to assess for each individual application.
(3) the entrepreneur must provide only personal protective equipment, 1 which comply with the requirements of the regulation on the placing on the market of personal protective equipment and 2 sentence 2 has been determined their suitability assessment referred to in paragraph 2.
Paragraph 2 does not apply to personal protective equipment provided for work for which they have been selected before the entry into force of this regulation.
(4) the personal protective equipment is generally to provide for individual use. Require the circumstances that personal protective equipment is used by several employees, has the entrepreneur through appropriate measures to ensure that no health or hygienic problems arise for the user.
(5) the personal protective equipment is free to provide the user in reasonable shape and size. To customize the user are complex personal protective equipment pursuant to section 7 of the regulation on the placing on the market of personal protective equipment. Several personal protective equipment at the same time used by an employee, this protective equipment must be coordinated, without affecting the protection of individual equipment.
(6) through cleaning, maintenance, inspection, repair and replacement measures is to ensure that the personal protective equipment remain fully effective and hygienic throughout the duration of the use.
(7) the operator has to check the effectiveness of the selected personal protective equipment and to reconsider, if necessary, measures and to adapt. Exposed workers as a result of work being done and the personal protective equipment it used to physical stress, the operator has to check whether further measures are needed to guarantee of the protection of their health.
§ Has 19 security or health and safety labelling (1) the contractor to ensure that risks and risks to safety and health at workplaces, taking into account the result of evaluating risks according to § 3 para 1 sentence 5 No. 1 are identified, provided that the risks and dangers can be avoided by General and technical protection means or work organisational measures, methods or procedures or adequately reduced. The security or marking of protection of health must comply with the requirements of annex 4.
(2) without prejudice to paragraph 1 which is for road, rail, inland waterways to use labelling applicable in maritime and air transport within companies.
(3) the safety or health protection labelling, which was already used before June 24, 1994, at workplaces, must match set 2 the minimum requirements no later than December 24, 1996 pursuant to paragraph 1.
Section 20 has health monitoring of the contractor to ensure that the health of employees in relation to the safety and health risks in the workplace in an appropriate manner is monitored. The Occupational medical checkups are para 1 of the continental shelf mountain regulation governed by paragraphs 2 and 3 of the mountain health protection regulation, or paragraphs 2 and 18.
§ 21 committed obligations of workers (1) which are employed to carry according to their possibilities and according to the instruction and special instruction of operator for their security and health care. According to sentence 1, workers for the safety and health of persons have to ensure, that are affected by their acts or omissions at work.
(2) within the framework of paragraph 1, the workers have in particular 1 machinery, equipment, apparatus, machine and electrical equipment, intended to use tools and materials intended to use 2. protective devices, not decommissioned, arbitrarily to change or to revert to, 3. personal protection equipment asked them to provide intended to use to store in a place provided for this purpose, to check before use by inspection to its proper State and to report detected defects without delay.
(3) the employees have to sign any imminent significant threat detected by them for safety and health, as well as any defect identified in the protection systems the operator or the competent person in charge immediately. You should inform them also the specialist for occupational safety or occupational physician as well as the safety officer according to section 22 of the seventh book of the social code. They have sustained to support that it can fulfil its obligations to ensure the safety and health of workers at work and to meet the regulatory requirements the contractor together with the specialist for occupational safety and the occupational physician.
Article 22 rights of employees are employees entitled to 1 the contractor proposals on all aspects of safety and health at work to do to turn 2, when they are on the basis of concrete evidence of the opinion that the measures taken by the contractor and funding is not sufficient to the competent authority and the technical supervision service of the competent institution of the statutory accident insurance , to the safety and health of work to ensure, and the entrepreneurs their complaints on it-oriented does not help off, 3. for immediate significant threat to stop their work and leave their jobs, if not preclude the safety and health of other employees.
Through the use of rights pursuant to sentence 1 may not be not disadvantage workers.
§ 22a requirements for the disposal of mining waste
(1) the operator has number 7 of the circulatory economic law, are incurred (mining waste) to take appropriate measures without prejudice to the provisions on the obligation of the operation plan for the establishment, management and setting of the operation immediately in the prospecting, extraction and processing, as well as related storage of minerals on the Mainland and in the area of coastal waters for the disposal of waste according to § 2 paragraph 2 , effects on the environment and the resulting risks to human health as much as possible to avoid or reduce. He's got the State of the art in terms of the characteristics of the waste facility, to take into account the location and the environmental conditions at the site. This, the use of a particular technique is not prescribed.
(2) the operator has to prepare a waste management plan in accordance with annex 5 for the disposal of mining waste and by presenting to the competent authority in a timely manner, at the latest two weeks prior to the recording of activities, to display it. The operator has to check the waste management plan every five years and to adjust, as far as the operation of the waste facility or the mining waste has significantly changed. Adjustments pursuant to sentence 2 are to indicate the competent authority.
(3) management plans must comply with the additional requirements referred to in annex 6 for the construction, operation and closure of waste management facilities. Operating plans for the approval of waste management facilities, which serve the deposit of non-hazardous non-inert mining waste, are to be interpreted by the competent authority. The provisions of § 48 para 2 sentence 3 to 5 of the Federal Mining Act apply to waste disposal facilities pursuant to sentence 2 according to. The operator without prejudice to the requirements has to prove that he will be able to provide a security deposit or something equivalent to annex 7 for category A waste facilities pursuant to sentence 1. Opened insolvency proceedings against the assets of the entrepreneur authority to separate satisfaction from the safety is entitled. For shipments of mining waste into excavation voids in accordance with set 8, the operator has, where necessary, measures to stabilize the waste, to prevent contamination of water and soil, as well as to monitor appropriate application of annex 6 to meet no. 2 and 6. Waste facility is an area designated by the contractor for the collection or disposal of solid, liquid, dissolved or placed in suspension mining waste, 1 if the requirements of annex III to Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries and amending Directive 2004/35/EC (OJ EU no. L 102 p. 15) are met (waste facility of category A) or to be stored from mining waste in the waste management plan as a dangerous described are, 2 If the mining wastes are dangerous and fall unexpectedly to 4 If the mining waste as inert waste and unpolluted soil, and if exceeds the intended storage three years and if the intended storage six months exceeds 3 If the mining waste are not dangerous and not inert and if the intended storage a year exceeds, , 5. If the mining waste prospecting incurred and are not dangerous, and if the intended storage three years exceeds or 6 If the mining waste in the extraction, treatment and storage of peat, and if exceeds the intended storage of three years.
No waste disposal facilities are voids in the mining waste for technical mountain or mountain safety purposes or to the recycling are spent.
(4) waste disposal facilities, which were approved or in operation on May 1, 2008, must meet up may 1, 2012 the provisions of paragraphs 1 to 5; This does not apply to paragraph 3 sentence 4, to do so until May 1, 2014. The provisions of paragraphs 2 to 4 sentence 1 and paragraph 5 do not apply to waste facilities, which have stopped accepting waste before 1 May 2006, in the term are completing the closure procedures according to the applicable regulations or programmes approved the competent authority and - up to be actually shut down December 31, 2010.
(5) unless a waste facility of category A non operating area or part of an operating range in accordance with § 3 paragraph 5a of the Federal Immission Control Act, the emergency plan must be in accordance with § 11 para 1 No. 6 the additional requirements referred to in annex I section 1 of Directive 2006/21/EC correspond to. The entrepreneur has before a waste facility pursuant to sentence 1 of the competent authority for the creation of external alarm and emergency plans to submit the required information. When the territory of another State from the effects of an incident can be affected, the operator of the competent authority has to provide an appropriate number of additional copies of the information required for the creation of external alarm and emergency plans to forward to the competent authority of the other State at the disposal. The information must include at least the information listed in annex I section 2 of Directive 2006/21/EC pursuant to sentence 2. The operator has to make available the information referred to in annex I section 2 of Directive 2006/21/EC of the public. The information is pursuant to sentence 2 to review every three years. As far as when checking changes arising, which can have significant implications with regard to the risks associated with an incident, the operator has to update the information immediately; the duties after the sentences 2 to 5 shall apply mutatis mutandis.
(6) paragraphs 1 to 5 shall not apply to the discharge of water and the back discharge of re-injection from groundwater in accordance with article 11 paragraph 3 letter j first and second coat of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327 of 22.12.2000, p. 1), last by Directive 2008/32/EC (OJ L 81 of the 20.3.2008, p. 60) is been changed as far as the prefaces of sections 47 and 48 of the water resources Act may be admitted in accordance with. The provisions of paragraphs 2 to 5 apply not 1 for the disposal of non-hazardous waste which are incurred in the exploration of mineral resources, except oil and evaporites other than gypsum and anhydrite, 2nd for the disposal of waste including unverschmutztem soil that accumulates in the extraction, treatment and storage of peat.
Paragraphs 3 to 5 do not apply to the disposal of inert waste and unverschmutztem soil resulting from the prospecting, extraction, treatment and storage of mineral resources, provided that they are not deposited in a category A waste facility. the requirements laid down in annex 6 are Nos. 2 and 3 to keep.
(7) paragraphs 1 to 5 floors of the place of origin (soils in situ), including not lifted, contaminated soil and buildings permanently connected to the ground, 2 not contaminated soil material and other naturally occurring materials that were excavated during construction work provided that it is ensured that the materials in their natural state in the place where they were excavated do not apply to 1. , used for construction purposes.
§ Onto the obligations arising from this regulation for him, 23 transfer of responsibility of the entrepreneur fully or partially responsible persons.
§ 24 No. 1 of the Federal Mining Act offences (1) any person is in the meaning of § 145, para 3, who intentionally or negligently provides contrary to section 12 paragraph 5 sentence 1 not sure, that number or name of the present employees or persons are detected.
(2) any person in the meaning of § 145, para 3 No. 2 of the Federal Mining Act is, who intentionally or negligently 1 contrary to § 3 para 1 sentence 1 not ensures that a safety and health document is created, 2. contrary to article 3 para. 3 the document there not or not timely revised, 3. a provision of § 5 para 1, 2 or 3 sentence 1 on the supervision by responsible or appointed to supervise persons contravenes , 4. contrary to article 6, paragraph 1 or article 10, paragraph 1 a worker not, incorrectly, incompletely, taught not in the prescribed manner or in a timely manner, 5. contrary to article 6, paragraph 2, sentence 1 one employees not, not properly, not fully instructed in the prescribed manner or in a timely manner, 6 contrary to section 6 para 2 sentence 4 does not specify cases in which the instruction is to repeat or be supplemented by practical exercises that doesn't sound workers 7. violates section 6, paragraph 3, sentence 1, 8 contrary to section 10, paragraph 2, sentence 1 does not apply a precaution, 9 contrary to section 11 subsection 2 sentence 1 No. 1 or 3 for it ensures that explosives, igniters blasting accessories only from specialized and hereby authorized persons kept, transported or used or are suitable for the intended place of employment or the intended purpose , 10.
contrary to section 13 paragraph 5 sentence 1 not provides that accommodation or living rooms have at least two emergency exits, 11 contrary to § 15 para 1 sentence 1 for it provides, that is connected to an underground operation at least two ways to the surface or are equipped with mechanical means of transport, 12 contrary to § 15 para 2 sentence 1 for it ensures that a workplace can leave on at least two separate paths, , 13 contrary to § 15 para 4 sentence 1 No. 1 or 3 for it provides, that expansion will be introduced or maintained, 14 contrary to section 15, paragraph 10, sentence 1 No. 1 makes not that provided a self rescuer available or an instruction is made, provides 15 violates article 16 par. 1 not that an underground workplace in the prescribed manner is bewettert , 16 contrary to § 16 para 3 sentence 1 applies a special ventilation or 17 contrary to § 22a para 2 sentence 1 or 3 not, incorrectly, incompletely or not timely filed a charges.
§ 25 reproducing national regulations the Federal Ministry for economy in the Federal Gazette Announces, which according to the national regulations are void.
Article 26 entry into force this regulation enters into force on 1 January 1996.
Concluding formula the Federal Council has approved.
Annex 1 (to the §§ 11 and 12) common requirements for activities and facilities according to § 1 site of the original text: Federal Law Gazette I 1995, 1476 - 1479;
regarding the individual changes cf. footnote 1 explosion proof, hazardous atmosphere and fire protection 1.1 General 1.1.1 of the entrepreneur has to take appropriate measures to assess 18.104.22.168 whether explosive or hazardous substances in the atmosphere are present and 22.214.171.124 measure their concentration.
1.1.2 according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1 are monitoring devices for the automatic and continuous measurement of gas concentrations in certain places to install automatic alarm systems and equipment for the automatic disconnection of electrical equipment and internal combustion engines and operate. In the cases in which measurements are performed automatically, the operator has to record the measurement results and to preserve a reasonable time.
1.1.3 in workplaces where combustible dusts occur, measures must be taken to meet to reduce deposits such dust, remove, neutralize or bind.
1.1.4 in fire - and explosion-endangered areas smoking is prohibited. Dealing with an open fire and the performance of works, of which a danger of combustion can be are also not allowed. The ban does not apply pursuant to sentence 2, if sufficient preventive measures against the occurrence of fires or explosions will be struck.
The following applies in place of the number 1.1.4 1.1.5 for underground operations that lead mine gas or have combustible dusts,: 126.96.36.199 it is prohibited to smoke and to conduct certain tobacco products and any objects to produce an open flame with smoke.
188.8.131.52 flame cutting and welding, as well as other comparable activities are allowed only in exceptional cases, subject to special measures to ensure safety and health of employees.
1.2 explosion protection 1.2.1 the planning, establishment, equipment, commissioning, operation and maintenance of workplaces of entrepreneurs according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1 to take appropriate precautions to 184.108.40.206 the rise and accumulate explosive gas and explosive dust-air mixtures to prevent to prevent the ignition of explosive gas and explosive dust-air mixtures 220.127.116.11 , 18.104.22.168 are to prevent the spread of fires and explosions and combat, to reduce employees as possible does not endanger 22.214.171.124 the effects of explosions.
1.2.2 the measures and facilities for explosion protection has the entrepreneur to set up an explosion protection plan regularly to bring up to date and available to keep in operation.
1.3 protection against hazardous atmosphere 1.3.1 in the cases in which hazardous substances in the atmosphere have accumulated or accumulate, has the contractor according to the result of evaluating risks according to § 3 para 1 sentence 5 to provide no. 1 appropriate measures so that no danger for workers. Such substances are to suck off at the source, to put down, or otherwise eliminate. If this is not possible, collections to a permissible value are to be diluted.
1.3.2 for areas where workers may be exposed hazardous substances or harmful gases in the atmosphere, must be available in sufficient number of appropriate respiratory protection and resuscitation equipment. The devices are to be kept adequately and to maintain that they remain operational. Their use must have a sufficient number of knowledgeable persons in the workplace available.
1.3.3 as far as toxic or other harmful gases in hazardous concentrations in the atmosphere are present or may be needs of entrepreneurs set up a plan, in which the preventive measures and the required protective equipment a set are (gas protection plan). He has the plan regularly up to date to bring and maintain in operation available.
1.3.4 (dropped out) 1.4 fire protection 1.4.1 when planning, facility, equipment, commissioning, operation and maintenance of workplaces has the contractor in accordance with the result assessing hazards to § 3 para 1 sentence 5 appropriate safeguards to prevent the outbreak and spread of fires, as well as for their detection and control to meet no. 1. It is to take into account also the hazards of combustible dusts. For fire, ensure a quick and effective fire fighting.
1.4.2 workplaces must be equipped with appropriate fire-fighting equipment and, if necessary, with fire detectors and alarm systems.
1.4.3 automatic fire-fighting equipment must be protected against damage and within easy reach to handle.
1.4.4 are fire-fighting equipment as to mark those in appropriate locations and permanently according to annex 4.
1.4.5 the measures and facilities for fire protection has the entrepreneurs to set up a fire protection plan regularly to bring up to date and available to keep in operation.
2 escape routes and emergency exits 2.1 all jobs must be at risk of the employees quickly and safely leave can be. Passageways and doors leading to escape routes and emergency exits may be blocked by objects.
2.2 escape routes and emergency exits must stay 2.2.1 free from obstacles, to 2.2.2 on shortest path into the open, in a safe area, a safe collection point or to a safe place, from which the employees in security can be brought.
2.3 number, arrangement and dimensions of the escape routes and emergency exits have to use to judge of the institution and the dimensions of the workplaces and the maximum number of persons there present.
2.4 doors of emergency exits must open outwards. If this is not possible or not acceptable safety requirements, they must be trained as sliding doors. The doors can be opened easily and immediately in case of emergency from the inside by any person.
2.5 escape routes and emergency exits, where lighting is necessary, must have a sufficient emergency lighting in case the lighting fails.
2.6 escape routes and emergency exits are as such according to annex 4.
3 rescue and escape facilities are easily accessible to provide in appropriate places in a proper condition 3.1 rescue and escape facilities. They are to be marked according to annex 4.
3.2 difficult escape routes and actually or potentially occurring atmosphere with high pollutant concentrations or oxygen deficiency suitable Self rescuer for immediate use in the workplace must be provided. For underground operations, § 15 para 10 is 4 safety drills 4.1 that are theoretically and, if necessary, also handy is to instruct, what measures to take in an emergency have employees.
4.2 normally occupied workplaces or in exercise facilities should be regularly security exercises. These, in particular 4.2.1 must the workers are assigned to tasks for emergencies, which require the use, handling or operation of emergency equipment, taking into account the type and size of the business and workplace-specific features in the performance of their duties be instructed; their knowledge should be check, 4.2.2 who can practice the proper use, handling and operation of rescue and escape facilities coming employees into consideration.
5 facilities and first-aid rooms must be in human and material terms of the type of activities pursued 5.1 measures for first aid. Such precautions for all workplaces, where the working conditions so require.
Depending on the type of activity and size of the operation, one or more first-aid rooms are to hold. They must be equipped with the necessary equipment, resources, and materials and easily accessible by people with stretchers. A guide to first aid for accidents is clearly visible unhooked in the rooms.
5.3 a first aid kit must be kept also everywhere, where working conditions require it. The storage must be accessible.
5.4 a reasonable number of employees is to train in the use of the provided first aid kit.
5.5 the rooms for first-aid and storage places for the first aid equipment must be marked as such according to annex 4.
6 traffic routes must be safely to reach 6.1 work places and can quickly and safely leave in an emergency.
6.2. traffic routes, including stairs, fixed ladders and loading ramps, must be calculated, sized and designed that they can be easily and safely committed or used according to their intended purpose and not endanger nearby employed persons.
6.3 the assessment of transport routes, which serve the passenger or freight transport, must set up according to the number of potential users and the type of operation. Used means of transport on traffic routes, a sufficient safety distance must be for pedestrian preserved or other equivalent safety precautions must be taken.
6.4 transport routes for vehicles must pass passageways and stairs leakage at doors, gates, pedestrian paths, away.
6.5 the limitations of traffic and access routes must be clearly identified.
6.6 for all vehicles used in the operation, the necessary transport arrangements are set.
7 work sites in the free 7.1 workstations, traffic routes and other agencies or entities outdoors, which are used during their employment or enter by workers are to such a way that they can be safely committed, and drive on.
7.2 the work stations are possible to establish that the employees 7.2.1 against weather conditions and if necessary against falling objects are protected, 7.2.2 neither noise noise levels detrimental to health are exposed to more adverse effects from outside, such as gases, vapours, dusts, 7.2.3 risk can quickly leave their jobs or quick assistance can be provided them, 7.2.4 can not slip or fall.
Each workplace is 8 natural and artificial lighting of 8.1 to light so that the safety and health protection of employees are adequately provided.
8.2 workplaces in rooms must receive as sufficient natural light and be equipped, taking into account the natural light with artificial lighting appropriate to one of the safety and health protection of workers. Workplaces outdoors must be highlighted artificially in security to ensure correct size, when daylight is not sufficient.
8.3 the lighting of working areas and walkways must be positioned so that no risk of accident to workers comes from the type of lighting.
8.4 in workplaces where the employees in the event of failure of artificial lighting are exposed to risks, adequate security lighting must exist. If necessary, are portable lamps for each employee to allocate.
The following applies in place of the numbers 8.1 to 8.4 8.5 for underground workplaces: 8.5.1 of the contractor has to provide a portable electric lamp to each employee which is suitable for the intended use. Each employee must carry the light with it.
8.5.2 the jobs must be equipped with a safety and artificial lighting appropriate for the health protection of workers.
8.5.3 the lighting must be positioned so that the result is no risk of accident to workers.
9 sanitary facilities 9.1 changing rooms, coat rack employees are 9.1.1 to provide appropriate changing rooms, if they have to wear special work clothes at work and's for reasons of health or propriety, they cannot be expected to change in another room to dress. Changing rooms must be easily accessible, sufficient, and equipped with a sitting area.
9.1.2 the locker rooms must be equipped with locking devices in which each employee can keep his clothes during working hours. There are separate storage facilities be provided if required by the type of activity for work clothes and street clothes. It is to ensure that wet work clothes can be dried.
9.1.3 for women and men are separate changing rooms or separate use of these spaces must be provided.
9.1.4 If changing rooms are not required in point 9.1.1, must exist a coat rack for each employee.
9.2 showers, washing facilities, toilets close to the workplace 9.2.1 are the employees to provide suitable showers in special rooms if required by the type of activity or health reasons in the vicinity of the workplace or the locker rooms in sufficient number. The shower rooms must be such that the individual employees according to freely can clean the hygienic requirements. The showers must have hygienic, running hot and cold water.
9.2.2 in cases where showers are not required, there must be sufficient and adequate washing facilities with hygienically perfect, hot and cold water in the vicinity of the workplace and the changing rooms.
9.2.3 are workers in the vicinity of the workplace to provide special rooms with a sufficient number of toilets and hand basins of the rest rooms and showers or washing facilities. Underground businesses, facilities referred to in sentence 1, with the exception of toilets, days can be located.
9.2.4 showers or washing facilities and locker rooms, which are separated from each other, have to be with each other easily accessible.
9.2.5 for women and men are to set up separate showers or washing facilities and separate toilets. At least, a separate use of these sanitary facilities must be possible.
10 protection of the manual handling of loads 10.1 manual handling not prevents loads (transport or supporting of loads by human power), although measures have been taken according to § 14 of the mountain health protection regulation, has the entrepreneur to ensure as far as possible in advance for an appraisal of the functioning of the respective handling operations and to make the workplace or work or to use suitable equipment , that any risk to the workers is limited by the manual handling of loads to a minimum.
10.2 in the assessment of manual handling operations, the operator has the following criteria to be observed: 10.2.1 with regard to the work item to be satisfied by the workers in particular 10.2.1.1 required posture or movement of the body, especially rotation, 10.2.1.2 the removal of the weight of the body, 10.2.1.3 by lifting, distance to be bridged lowering or carrying the load, 10.2.1.4 the magnitude, the frequency and duration of the amount of effort required power , 10.2.1.5 by any sudden movement of the load, 10.2.1.6 the pace of work due to a workflow to modify the employees and 10.2.1.7 to related available recreation or rest periods;
10.2.2 in regard to the load to be handled particularly 10.2.2.1 their weight, their shape and size, 10.2.2.2 the position of access points, 10.2.2.3 the CG and 10.2.2.4 the possibility of unforeseen movement;
10.2.3 in regard to the nature of the workplace and the working environment in particular 10.2.3.1 the space in the vertical direction available and space, 10.2.3.2 the height difference over different levels, 10.2.3.3 the temperature, humidity and air speed, 10.2.3.4 the flatness, grip or stability of the stand area and 10.2.3.5 lighting.
11 protection of special groups 11.1 as far as pregnant women and nursing mothers, can lay down appropriate opportunities to create, are they so to rest.
11.2 in the case of employment for disabled people, the relevant workplaces must be designed. This applies in particular for the jobs themselves, as well as for doors, walkways, staircases, showers, washing facilities and toilets.
11.3 non-smoker protection 11.3.1 of the contractor has the necessary measures to ensure that non-smoking workers in workplaces are effectively protected from the health hazards of tobacco smoke.
11.3.2 in workplaces with public transport has the entrepreneur to take protective measures, than the nature of the operation and the type of employment allow number 11.3.1 only in so far.
Appendix 2 (section 12) additional requirements for surfaces in connection with activities and facilities according to § 1 site of the original text: Federal Law Gazette I 1995, 1480 - 1481;
regarding the individual changes cf. footnote 1 stability and strength
The workplaces are to be interpreted, to build, to build, operate, monitor and maintain that they can withstand the environmental conditions expected. You must have a, construction corresponding to their type of use and strength.
2 floors, walls, ceilings and roofs of rooms 2.1 allowed floors of the rooms have no bumps, holes or dangerous slopes; they must be fixed, non-slip and non-slip. The workplaces must have, where a workplace is located, a sufficient thermal insulation according to the type of operation and the physical activity of workers.
2.2. the surface of the floors, walls and ceilings must be such that she can be cleaned according to the hygienic requirements and renew.
2.3 transparent or translucent walls, in particular all-glass partitions, in rooms or in the range of workplaces and traffic routes must be clearly indicated and made of safety material or be shielded from such jobs and transport workers unexpectedly with such walls in contact to come and where their splintering can not be violated.
2.4 access to roofs made of materials that provide no sufficient load resistance, is allowed only if special measures prevent dangers for workers entering the roofs and linger on them.
3 space dimensions and volume of air spaces 3.1 surface area, height and air volume of a work space must be designed so that workers without compromising their safety, their health or their well-being can do their work.
3.2 the space related workers in the workplace available must be so big that workers can have sufficient freedom of movement in their activities and safely carry out their tasks.
4 Windows, skylights and ventilation devices of the rooms Windows, skylights and ventilation devices which can be opened, closed, moved and laid down, are construed that safe handling is guaranteed. They must be so arranged that they represent a danger to the workers in an open State. The cleaning of Windows and skylights must be safe to do so.
5 doors and Gates 5.1 the location, the number, the materials used in the design and the dimensions of the doors and gates have to set according to the type and use of the rooms or areas.
5.2 transparent doors must be marked at eye level. Swing doors and gates must be transparent or have viewing window. Are transparent or translucent surfaces in doors and gates not made of safety material and is to be feared that employees should shatter the surfaces can hurt, so are to protect against impressions.
5.3 sliding doors must be secure doors and gates opening upwards, from unmediated falling off against unintentional lifting and falling out.
5.4 doors in the history of escape routes must be appropriately marked. You must have open at any time from the inside without special equipment. As long as workers are in the workplace, the doors must be open.
5.5 in the immediate vicinity of Gates intended primarily for vehicle traffic, there must be prominently marked and always accessible doors for pedestrian traffic. Sentence 1 shall not apply if the passage for pedestrians is harmless.
5.6 mechanical can be moved doors and gates without risk to the workers. They must be clearly visible and easily accessible emergency shut-down devices fitted and also by hand be open if it does not automatically open when power failure.
5.7 at any point of entry prevents chains or similar devices, so these chains or similar devices must be clearly visible and marked by appropriate prohibition or warning signs.
6 ventilation of enclosed workplaces 6.1 in enclosed workplaces must be safe breathing air, taking into account the working procedures and the physical effort of employees in sufficient quantity. In cases where a ventilation system is used, it must be functional at all times. Malfunctioning of the ventilation system must be indicated by a warning device if this is necessary with regard to the health of employees.
6.2 air-conditioning or mechanical ventilation installations are to operate, that the employees are exposed any annoying air currents. Deposits or debris in them, which could lead to impairment of breathing air and an immediate health hazard of workers must be eliminated quickly.
7 room temperature 7.1 in the working spaces, there must be a room temperature during working hours, taking into account the working procedures and the physical effort of the employees, that is appropriate for the human organism.
7.2 in pause, ready, sanitary, canteens and areas, the temperature must comply with the specific purpose of such areas.
7.3. Windows, skylights and glass walls must allow a shielding of the workplaces to excessive solar radiation depending on the type of work and the workplace.
8 rest 8.1 employees is an easily accessible break room available if safety or health reasons, in particular the type of activity carried out or the maximum number of each layer present employees, so require. Sentence 1 shall not apply if people working in offices or similar workrooms are active and there equivalent conditions for a recovery are given during the breaks.
8.2 rest rooms must adequately measure and with tables and seating areas be equipped according to the number of employees. The seating must be equipped with backrests. The noise must be reduced to a level compatible with the purpose of these spaces.
8.3 traps in the working time to regularly and frequently work on-call times and no rest rooms are available, so are other spaces available to make, in which workers can reside for the duration of the work readiness.
Annex 3 (section 13) additional requirements for workplaces according to § 13 para 1 Nos. 1 and 2 in the area of the continental shelf and the coastal waters site of the original text: BGBl. I 1995, 1482-1484 1 safety and health document 1.1 as additional requirements for the safety and health document according to section 3, subsection 1, sentence 1 shall apply: 1.1.1 the special hazards that exist at the workplace, taking into account all activities relating to them and which are accidents with potentially serious implications for health and safety the Employees can result, just performing.
1.1.2 are to assess the effects of the hazards arising from the particular hazards.
1.1.3 the provisions that are required for the prevention of accidents with potentially serious consequences, to limit the extent of the accident and to the effective and orderly evacuation of the workplaces in an emergency, must be justified by a.
1.1.4 is there to prove that the compliance with all measures for the protection of safety and health of employees is provided in-house.
No. 1 has 2 safety precautions for certain cases 2.1 of entrepreneurs in all workplaces in accordance with the result of evaluating risks according to § 3 para 1 sentence 5 to build signalling and protection systems for fires and fire-fighting and alarm systems that are appropriate to the risks. This may include in particular: 2.1.1 fire alarm systems, 2.1.2 fire alarm system, 2.1.3 fire fighting pipelines, 2.1.4 of fire hydrants and hoses, 2.1.5 systems of flood of water and water nozzle, 2.1.6 automatic sprinkler systems, 2.1.7 Gaslöschsysteme, 2.1.8 Schaumlöschsysteme, 2.1.9 portable fire extinguishers, 2.1.10 equipment of firemen, 2.1.11 fire walls to seperate fire hazard areas.
2.2 the emergency systems associated with the notification and protection systems according to point 2.1 are separately to order, or to protect special way against accident impacts as far as possible. If necessary, are such systems be interpreted twice.
2.3 remote control equipment have according to § 13 para 3 of ready for use in case of emergency control stations at suitable locations, if necessary, also of control stations to secure drop-off and the insertion stations.
2.4 with a remote control device, or with safeguards comparable in effect at least systems be 2.4.1 ventilation of 2.4.2 for the emergency shutdown of equipment, can trigger in addition to the equipment and facilities according to § 13 para 3 equipped an ignition, 2.4.3 to prevent the leakage of flammable liquids or the escape of gases, 2.4.4 for fire protection.
2.5 the acoustic system through communication systems is to add on platforms, which are independent of troubled energy sources. To coastal and emergency services need to can messages through appropriate communication systems.
On platforms are measures to take, so the insertion stations and collectors against heat and smoke and, as far as possible, against explosion effects are protected and the escape routes to them, as well as the escape routes outgoing of them remain usable. The measures must be so degenerated that they offer workers over a sufficiently long period of protection and allow a safe evacuation, escape and rescue. Platforms that were already used before 1 January 1996, sentences 1 and 2 must meet no later than January 1, 2000; an adaptation is to undertake as soon as possible.
2.7 points and the insertion stations must of the accommodation and workspaces from easily accessible. One of these points is with a remote control of the systems listed in point 2.4 and a communication system for coastal and emergency services to be provided, when necessary according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1.
2.8 the list with the names of the employees assigned to each safe collector is to keep abreast and unhinge.
2.9. a directory of employees, which are assigned to special tasks in an emergency is to customize and display in appropriate places in the workplace. The names of these persons have to be recorded in written instructions according to § 7.
2.10 for work with display screen equipment and manual handling of loads in the area of the continental shelf, the sections 13 and 14, and article 17, paragraph 1 apply no. 6 the health protection regulation, mountain.
3 rescue and escape facilities, safety drills 3.1 in addition to the General training workers need to get emergency workplace-related training for rescue and escape No. 1 in accordance with the result of the assessment risks according to § 3 para 1 sentence 5. The eligible survival techniques are to teach them.
3.2 adequate and sufficient evacuation capacity for emergency and escape routes are directly towards the Lake be provided at every workplace. Life saving device suitable for each platform must be immediately operational.
3.3 for certain cases, such as man over Board and clearing the workplaces, the operator has to prepare a plan, to bring up to date regularly and to keep available on the platform. The plan has to rely on the safety and health document. He must regulate the use of standby vessels and helicopters and contain criteria for the absorption capacity and the response time of standby vessels and helicopters. The reaction time is also in the safety and health document to specify for each platform. The standby vessels must be so designed and fitted that they comply with the evacuation and rescue requirements.
3.4 the minimum requirements for lifeboats, liferafts, rescue buoys, life jackets include: 3.4.1 suitability and equipment have life for a sufficient period of time.
3.4.2 availability in sufficient numbers for all persons likely to be present;
3.4.3 types suitable for the workplace;
3.4.4 proper processing of suitable materials, taking into account the life-saving function and the conditions for use or ready for use.
3.4.5 flashy colours for use as well as equipment with equipment, with which the user can draw the attention of rescue personnel.
3.5 in the case of security exercises 3.5.1 is to check the operational readiness of rescue boats, check whatever rescue equipment here used 3.5.2, to clean and to recharge if necessary, or replace, to return the portable device to the intended storage location to 3.5.3.
The entrepreneur of accommodation provide employees have 4 accommodation, sanitary facilities, facilities for first aid 4.1 if type, duration and scope of work require. He has to make sure that the accommodations are designed, equipped and occupied and are used so that the health of the workers is not undermined.
4.2 the accommodations must especially 4.2.1 protection against effects of explosion, smoke and gas penetration as well as provide against outbreak and spread of fires according to the result of evaluating risks according to § 3 para 1 sentence 5 No. 1;
4.2.2 with ventilation, heating and lighting be properly equipped;
4.2.3 have at least two separate exits to escape routes at each level;
From other areas, as long as these may be hazardous to your health, as well as from the weather 4.2.4 provide protection against noise, odours and smoke;
4.2.5 be separated from any jobs and arranged in larger distances to hazardous areas.
4.3. the accommodation must contain sufficient beds or bunks for the number of personnel sleeping is expected on the platform. Each room designated as a bedroom must provide sufficient space to store their clothes for the residents there.
4.4 in the accommodation, a sufficient number of showers and washing facilities with hygienically impeccable, running hot and cold water, as well as a sufficient number of toilets and hand basins must be present. The shower rooms must be sufficiently so that each employee according to freely can clean the hygienic requirements.
4.5 for women and men, separate bedrooms are in the shelters to set up showers and washing facilities and toilets. Also a separate use can be provided at showers, washing facilities and toilets.
4.6 the accommodation and its equipment shall be kept in a State corresponding to the hygienic requirements.
4.7 the requirements for sanitary facilities near the workplace pursuant to annex 1, no. 9.2 remain unaffected.
4.8 in the first aid rooms are functional facilities and means to hold that are required for a treatment for oral or telephone orders of a physician. A sufficient number of workers with the relevant knowledge must be on every platform available.
5 helicopter operations 5.1 helicopter landing sites must be designed according to the intended use and executed. You must be so sufficient for an unobstructed landing and arranged the largest flying the landing helicopter under toughest conditions to be able to operate.
5.2 in the immediate vicinity of the helicopter land area the device is ready, that is required for an accident, in which a helicopter is involved.
5.3 on platforms where employees are housed, is to provide a sufficient number of suitably qualified personnel in the area of the helicopter landing site during the helicopter operations for use in emergencies.
6 positioning of plants on Lake 6.1 during the positioning of the platforms at sea are all personnel to take organizational and substantive measures to ensure the security and the protection of health of employees.
6.2. the preparatory work for the positioning of the platforms at sea must be carried out so that security and stability of the platforms are not affected.
Annex 4 (to article 19) requirements to the safety or health and safety labelling (minimum requirements) site of the original text: BGBl. I 1995, 1485-1486 0 definition safety or health protection labelling is a marking which - based allows a statement about safety or health protection a verbal communication or a hand signal to a specific object, activity or situation - by means of a shield, a color, an illuminated sign or acoustic signal,.
1 General requirements 1.1 type of labelling 1.1.1 are permanent marking 126.96.36.199 for permanent marking in the form of prohibition, warning, and warning symbol, as well as for the identification and location-aware of first-aid or rescue funds to use signs. Signs or security inks are permanently attach to the identification and location-aware of material and equipment to the firefighting.
188.8.131.52 has in the labelling of containers and piping in annex III to Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the safety and/or health signs at work (OJ EC No. L 245 p. 23) to be provided form.
184.108.40.206 the marking at risk of colliding with obstacles and at risk of falling must be mounted permanently in the form of a safety colour or signs.
220.127.116.11 the marking of lanes must be permanently affixed in the form of a safety colour.
1.1.2 temporary marking are 18.104.22.168 notes on hazards and emergency calls to people to carry out certain activities, such as, for example, the evacuation of people, on a temporary basis and taking into account the interchangeability and combination (point 1.2) to submit by luminous or acoustic signals or verbal communication.
22.214.171.124 representing instructions by persons handling operations, a risk or a danger, is to settle on a temporary basis and in the form of hand signals or verbal communication.
1.2 interchangeability and combination 1.2.1 with equivalent effect can be elected 126.96.36.199 between a safety colour and a sign indicating the danger by tripping or crash, 188.8.131.52 between illuminated signs, acoustic signals and verbal communication,
184.108.40.206 between hand signals and verbal communication.
1.2.2 specific marking types can be used together. This applies to illuminated signs and acoustic signals, illuminated signs and verbal communication, hand signals and verbal communication.
1.3 safety colour 1.3.1 the instructions in the table below apply to any marking using a safety colour.
Safety colour meaning notes - information on red prohibition sign dangerous behaviour danger - alarm stop, stop, emergency stop device evacuation material and equipment to the firefighting identification and location yellow or yellow-orange warning signs caution, caution review Blue bid sign special behavior or activity - commitment to the wearing of personal protective equipment green emergency, rescue sign doors, exits, routes, resources, stations, rooms security return to normal 1.4 effectiveness of safety or health protection sign 1.4.1 that can effectiveness a safety or health protection sign does not affect a poor design will be by 220.127.116.11 , an insufficient number, a bad site, indicating poor condition or a defective mode of operation;
18.104.22.168 an other identification or emission source of same kind that interferes with visibility or audibility. It is to seek 22.214.171.124.1 to avoid using an excessive number of signs in close proximity to each other;
126.96.36.199.2 not two unmistakable indicator to use.
188.8.131.52.3 to use an indicator light not in the vicinity of a relatively similar other light source;
184.108.40.206.4 not insert at the same time two acoustic signals;
220.127.116.11.5 no sound character to use, if the noise is too strong.
1.5 further arrangements 1.5.1 the means and devices for safety or health protection labelling must its kind regularly cleaned in accordance with, maintained, checked and repaired as well as be renewed if necessary.
1.5.2 the number and the arrangement of to use means or devices for safety or health protection labelling have to vary according to the severity of the threats, as well as to the area to collect.
1.5.3 the labels that require a power source, must have an emergency supply in the event that this fails,. An emergency is not required if no exposure risks for interruption of the energy supply.
1.5.4 whenever an illuminated sign or acoustic signal is raised, is to start with a specific action. The character must take as long as is necessary for the execution of the action. The illuminated sign or acoustic signal must be made operational again immediately after an action. You must be checked prior to their commissioning and then at sufficient frequency to their proper functioning and its actual effectiveness.
1.5.5 are restricted by the wearing of personal protective equipment - the auditory or Visual possibilities of workers involved -, additional or alternative measures to take.
1.5.6 places, spaces or enclosed areas that are used for the storage of significant quantities of dangerous substances or preparations are a relevant warning signs from annex II, point 3.2 of the Directive 92/58/EEC to provide or to mark, unless the individual packaging or containers not already with a sufficient identification are provided pursuant to annex III point 1 of Directive 92/58/EEC.
2 additional requirements without prejudice to the requirements referred to in point 1 the security or marking of protection of health must meet the requirements of annexes II to IX of Directive 92/58/EEC.
Annex 5 (to § 22a para 2) waste management plan (site of the original text: Federal Law Gazette I, 2008, 87) 1 of the entrepreneur has the waste management plan for the disposal of mining waste, taking into account the principle of sustainability and the goals listed in paragraph 2 to establish. In the plan, all essential aspects of waste disposal concept and the provided arrangements and measures to protect of the environment and human health are to represent. Provided that the information required for the waste management plan are part of an operating plan, other regulatory proceedings or other due to documents created by legislation, can be referenced in the waste management plan on this.
2 objectives of the waste management plan are to minimize the creation of waste and their polluting potential, to promote the exploitation of mining waste as well as to ensure their proper disposal. This waste disposal already during the planning phase and in the choice of procedures for extraction and processing, should be considered when assessing the impact over days, the filling of voids, as well as in the use of less harmful substances in the preparation.
3 for the disposal of mining waste is already in the planning phase a concept 3.3 as far as possible requires no follow-up care of the disused plant selected be, prevent the 3.1 long-term negative impact of the waste facility, or at least as far as possible reduce 3.2 which will ensure geotechnical stability of dams and piles up to the end of the follow-up phase,.
4. the waste management plan shall contain at least the following information: 4.1 the characterization of mining waste referred to in annex II of Directive 2006/21/EC and the falling is expected during the operational phase, total amount of mining waste, 4.2 specifying the procedures involving these mining waste, and any treatment they are subjected to the, 4.3 information on the location of the waste facility, as well as a survey of the surface affected by the waste facility , 4.4 the description of possible adverse effects on the environment and human health due to the dumping of mining waste and the precautions to be taken to minimize environmental impacts, especially from polluted water, effluent, water and wind erosion, during operation and after closure, taking into account the geological, hydrological and hydrogeological, seismic and geo-technological properties of the location of the waste facility, 4.5 the measures for the protection of waters , of the soil and the air according to annex 6 No. 2 and 3, in particular by monitoring the physical and chemical stability of the waste facility, for example by always ready for use measuring and monitoring equipment, and routine cleaning of the overflow channels and channels, 4.6 the control and monitoring measures by responsible persons, 4.7 the conception to the closure, including rehabilitation, aftercare and monitoring, 4.8 the classification of the waste facility in accordance with the criteria referred to in annex III to Directive 2006/21/EC including the required information about the Determinants of the classification, 4.9 precautions and measures to limit major accidents including the information necessary for the installation of internal emergency plans and external alarm and emergency plan according to § 22a para 5 for category A waste facilities 4.10 at waste disposal facilities, which associate A are not the category, an assessment of the potential risks arising from accidents.
Annex 6 (to § 22a para 3 sentence 1) additional requirements for the construction, operation and closure of waste management facilities (site of the original text: Federal Law Gazette I, 2008, 88) 1 without prejudice to the provisions on the establishment, operation and adjustment of the operation have management plans for waste management facilities the following information to contain: 1.1 name and address of the contractor and the person responsible for the waste facility;
1.2 details about the intended location of the waste facility and the existence of alternative sites;
1.3 information nature, scope and amount of the security deposit or information about something equivalent, in the case of category A waste facilities;
1.4 the waste management plan, as far as this still not is reported to the competent authority.
2 the operator has to make sure that the waste facility has the necessary stability and built on a site and operated, which is geological, hydrogeologisch and geotechnical. To the extent adverse effects on water or the soil through seepage of polluted water to get the operator has as far as possible to avoid the formation of leachate through appropriate measures, to determine the seepage potential of deposited mining waste, the pollutant content of the leachate and the water balance during the operation - as well as the follow-up phase of the waste facility and to evaluate and, if necessary, to treat contaminated water and leachate from the waste facility.
The operator has to take measures for the supervision and inspection of the waste facility and to prepare a monitoring plan, regularly to bring up to date and available to keep in operation. The same applies to arrangements in the case of instability of the waste facility or of pollution of waters or land. There are records to lead on the implementation of the monitoring and inspections. The operator has at least once a year the competent authority on the basis of the records to demonstrate compliance with the requirements for the operation of the waste facility.
4 the entrepreneur has the competent authority without delay, to display the operating events encountered in the monitoring of the waste facility no later than 48 hours after notice, affecting the stability of the waste facility and the significant negative environmental impact of this facility. He has to show serious accidents immediately to the competent authority and to provide the necessary information for an evaluation of accidents. If the territory of another State from the effects of major accidents can be affected, the competent authority provides the information pursuant to sentence 1 of the competent authority of the other State pursuant to sentence 2 immediately.
5 additional requirements for tailings ponds, which contain cyanide the operator has to ensure that the concentration of cyanide easily releasable using the best available techniques will as far as possible reduced in tailings ponds, which contain cyanide, and that in plants, which were approved prior to May 1, 2008 or which were already in operation at this time the concentration of cyanide easily releasable to the point of discharge of the mountains material from the processing plant into the tailings pond does not exceed the following values : 50 ppm as of May 1, 2008, 25 ppm from 1 may 2013, 10 ppm from the 1 may 2018. At waste management facilities, which were admitted after May 1, 2008, the concentration of 10 must not exceed ppm.
6 additional requirements for completing operating plans for the closure of waste management facilities of the contractor is without prejudice to the provisions of § 69 para 2 of the Federal Mining Act in the final management plan to represent whether, after the closure of the waste facility, a follow-up to ensure of the physical and chemical stability is required to avoid impairment of human health and the environment, in particular water. The follow-up includes in particular the testing and monitoring of the waste facility including required measurements with appropriate equipment, the cleaning and maintenance of existing overflow channels and channels, other conservation measures, as well as the regular reporting on the State of the system to the competent authority. The operator has all the events after the closure of the waste facility, which may affect the stability of the system, inform the competent authority, as well as all necessary measurements, to transmit data and test reports.
Annex 7 (to § 22a (3) sentence 4) additional requirements for security services in accordance with article 56 para 2 of the Federal Mining Act for category A waste facilities (site of the original text: Federal Law Gazette I, 2008, 89) 1 the competent authority decides on the nature, scope and amount of the security. The operator has to prove a security before the waste facility in accordance with the issued permit to the competent authority.
2 instead of the security services specified in § 232 of the civil code, in particular the production of a consolidated financial guarantee, a guarantee or an other payment promise of a credit institution or to commercial operational provisions as equivalent safety can be required or approved. For this purpose, § 8 of the mortgage transfer Regulation shall apply mutatis mutandis.
3. the scope and the amount of the security deposit are to be such that sufficient funds for the decommissioning of the waste facility are the space taken by the waste facility claim in accordance with the issued permit, as well as for the recycling.
4 financial security is regularly by the competent authority with the aim of maintaining the real value of the security check; It is set again if the relationship between security and desired security purpose has changed significantly. Reserves formed during the operating phase shall be counted to when the amount of the required security, insofar as they are necessary for securing the purpose of the safety height of the power of disposal of the entrepreneur deprived. The check that security is increasing pursuant to sentence 1, the competent authority can use a period of no longer than six months to the contractor for the provision of increased security. The check that the security is to reduce, pursuant to sentence 1, the competent authority has the security no longer needed to release immediately.
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