Regulation On The Modified Application Of The Provisions Of The Occupational Safety And Health Act For Certain Activities In The Public Service Of The Federal Division Of The Ministry Of Defence

Original Language Title: Verordnung über die modifizierte Anwendung von Vorschriften des Arbeitsschutzgesetzes für bestimmte Tätigkeiten im öffentlichen Dienst des Bundes im Geschäftsbereich des Bundesministeriums der Verteidigung

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Read the untranslated law here: http://www.gesetze-im-internet.de/bmvg-arbschganwv/BJNR185000002.html

Regulation on the modified application of provisions of the occupational safety and Health Act for certain activities in the public service of the Federal Division of the Ministry of defence (Ministry of Defense - occupational safety and Health Act application regulation - fmod ArbSchGAnwV) mod ArbSchGAnwV Ausfertigung date: 03.06.2002 full quotation: "Federal Ministry of defence - work protection law application Ordinance of 3 June 2002 (BGBl. I S. 1850)" footnote (+++ text detection from: 22 6.2002 +++) input formula on the basis of § 20 paragraph 2 sentence 1 to 3 of the occupational safety and Health Act of 7 August 1996 (BGBl. I p. 1246) , by article 210 No. 1 of the Decree of 29 October 2001 (BGBl. I p. 2785) is changed, ordered the Ministry of defence in consultation with the Federal Ministry of labour and Social Affairs and the Ministry of the Interior: article 1 scope this Regulation applies to the Division of the Ministry of defence.

§ 2 obligations of the employer the Federal Republic of Germany, represented by the Ministry of defence, is required to achieve the objective of § 1 para 1 sentence 1 of the labour protection act for in § 2 para 2 of the occupational safety and Health Act referred to employees in his Division, if the pursuit of the activities referred to in this regulation, without deviating from the provisions of the occupational safety and Health Act is possible.

§ 3 activities activities within the meaning of this regulation workers in departments of the Bundeswehr in the context of this after the basic law or tasks assigned by another law 1 as usage activities with direct operations in the defence and voltage drop, when uses in the framework of a system of mutual collective security, to help during a natural disaster or a particularly serious accident as well as in the execution of any other statutory tasks , in particular combat, reconnaissance and monitoring actions as well as surveillance and backup tasks, 2. as usage assistance activities with measures to ensure immediate missions, particularly logistical support, management and telecommunications support, provision of services for the care and welfare, as well as administrative support, and 3 as Einsatzvorbereitungstätigkeiten at all on the operational and logistics support-related, these previous acts, in particular exercises and training, from.

§ 4 can activities according to § 3 all prerequisites for a departure from provisions of the occupational safety and Health Act (1) as far as public interests necessarily require this, especially for the preservation or restoration of the external security of the Federal Republic of Germany, or deviated to the part of the provisions of the occupational safety and Health Act. A departure is permitted only as long as that condition is fulfilled.
(2) mandatory public concerns that require a derogation referred to in paragraph 1, are given, if the objectives of the missions or the security of the forces without deviating from the provisions of the occupational safety and Health Act cannot be reached. This is determined by the Ministry of defence, at risk in arrears by the heads.

§ 5 warranty of safety and health (1) need for derogation from the provisions of the occupational safety and Health Act to appropriate safeguards ensure the circumstances for maximum protection of workers. Limitations of the level of protection provided under the occupational safety and Health Act are depending on the inevitably necessary to limit the scope and duration.
(2) if necessary to deviate from the provisions of the occupational safety and Health Act, the safety and the health and safety measures to ensure the paragraphs 3 and 4 are.
(3) the turnout having by provisions of the occupational safety and Health Act is predictable, are to identify potential hazards according to § 5 of the OSH Act by the Federal Ministry of Defense or the respective head of unit, taking into account the protection goals of the OSH Act to assess and to provide for appropriate measures to protect of workers. Ordered technician occupational safety is to listen. Appropriate measures to protect of workers are in particular the design, selection and use of activity-specific protective devices, vehicles and equipment, as well as safeguards, to provide an adequate information, education and training offer, set eligibility requirements for the exercise of the activities. The set measures are to be described in detail and document pursuant to section 6 of the OSH Act.
(4) off course having to by provisions of the occupational safety and Health Act is not predictable, the highest local chief (E.g. Guide combat Association, head of unit, Commander, company -, battery Chief, Squadron commander, head of a branch, platoon leader, Squadron leaders or leader) takes the decision on the derogation from provisions of the occupational safety and Health Act. This is to listen to the personnel risk assessment and has to take into account the safety and occupational health standards. The decision must be documented regularly.

Article 6 entry into force this regulation enters into force on the day after the announcement.