Regulation on the modified application of the provisions of the German Labour Protection Act (Arbeitsschutzgesetz) for certain activities in the public service of the Federal Republic of Germany in the division of the Federal Ministry of Defence (Federal Ministry of Defence) Occupational safety and health regulations-BMVg-ArbSchGAnwV)

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BMVg-ArbSchGAnwV

Date of completion: 03.06.2002

Full quote:

" Federal Ministry of the Defence-Employment Protection Law of 3 June 2002 (BGBl. I p. 1850) "

Footnote

(+ + + Text evidence from: 22.  6.2002 + + +) 

  

Unofficial table of contents

Input formula

Pursuant to section 20 (2), first sentence, sentence 1 to 3 of the German Labour Protection Act (Arbeitsschutzgesetz) of 7 August 1996 (BGBl. 1246), as defined by Article 210 (1) of the Regulation of 29 June 2008, October 2001 (BGBl. 2785), the Federal Ministry of Defence, in agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of the Interior, has been ordering: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the Division of the Federal Ministry of Defence. Unofficial table of contents

§ 2 Duties of the employer

The Federal Republic of Germany, represented by the Federal Ministry of Defence, is obliged to set the objective of § 1 (1) sentence 1 of the German Labour Protection Act (Arbeitsschutzgesetz) for the employees referred to in section 2 (2) of the German Labour Protection Act (Arbeitsschutzgesetz) in its business area even if the exercise of the activities referred to in this Regulation is not possible without deviating from the provisions of the Labour Protection Act. Unofficial table of contents

§ 3 Activities

Activities within the meaning of this Regulation shall be carried out by employees in departments of the Bundeswehr within the framework of the tasks assigned to them under the Basic Law or by another law.

1.

as operations in the case of direct operations in the event of a conflict of defence and tension, in the case of use in the context of a system of mutual collective security, in the event of a natural disaster or in the event of a particularly serious accident , as well as the execution of other legal tasks, in particular combat, intelligence and surveillance activities, as well as safety and security tasks,

2.

as operational support activities in the measures to ensure direct operations, in particular logistical support, management and telecommunications support, provision of care and care services and administrative services support, and

3.

as operational preparatory activities for all the actions, in particular exercises and training, relating to the assistance and operational support,

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§ 4 Conditions for a derogation from the provisions of the German Labour Protection Act (Arbeitsschutzgesetz)

(1) To the extent that public matters require this, in particular in order to maintain or restore the external security of the Federal Republic of Germany, in the case of activities pursuant to Section 3, all or part of the provisions of the Occupational safety and health protection laws. A deviation shall only be permitted for as long as this condition is met. (2) Twisting public concerns which require deviation in accordance with paragraph 1 shall be given if the objectives of the operations or the security of the operations forces without a Deviating from the provisions of the Employment Protection Act cannot be achieved. This is determined by the Federal Ministry of Defence, in the case of danger in the case of danger by the Head of Service. Unofficial table of contents

§ 5 Warranty of safety and health protection

(1) The protective measures to be taken in the event of deviating from the provisions of the Employment Protection Act must ensure that the employees are protected in the best possible way. Restrictions on the level of protection provided for under the German Labour Protection Act must be limited to the extent necessary to the extent and duration required. (2) If the provisions of the Employment Protection Act have to be deviated from, the Safety and health protection by means of measures under paragraphs 3 and 4. (3) If the deviation must be foreseen by the provisions of the Occupational Safety and Health Act, possible hazards according to § 5 of the German Occupational Safety and Health Act (Arbeitsschutzgesetz) are to be found by the Federal Ministry of Defence or the relevant head of service , to assess, taking into account the protection objectives of the Labour Protection Act, and to provide for appropriate measures to protect employees. The specialist staff for occupational safety and safety is to be heard. Appropriate measures to protect employees are, in particular, the design, selection and use of activity-specific protective equipment, vehicles and equipment, as well as protective measures, the provision of adequate information, Training and training courses, setting eligibility requirements for the performance of the activities. The measures defined are to be described in detail and to be documented in accordance with § 6 of the Occupancy Protection Act. (4) If the deviant must not be foreseen by the provisions of the Occupancy Protection Act, the supreme local supervisor (e.g. B. Leader Gefechtsverband, departmental manager, commander, company, battery chief, relay captain, head of a branch, train leader, relay leader or troop leader) the decision on deviating from the provisions of the Occupancy Protection Act. This is to be heard in the risk assessment of skilled personnel and has to take into account the recognized safety and occupational health standards. The decision is to be documented on a regular basis. Unofficial table of contents

§ 6 Entry into force

This Regulation shall enter into force on the day after the date of delivery.