Provincial service – employee protection
Contract of employment or decision
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Laws and regulations can be found in the Legal Information System (RIS).
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Employment relationship with the province of Lower Austria.
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a) General
The statutory provisions on employee protection are intended to protect the life and health of employees during their professional activities and are governed by the Lower Austria Employee Protection Act 1998 (NÖ Bediensteten-Schutzgesetz 1998, NÖ BSG 1998).
Humane working conditions and a high safety standard in provincial service ensure that the economic and operational consequential costs of occupational accidents and occupational diseases are reduced. The provincial lawmaker sets out obligations – i.e. requirements or proscriptions – and the responsible party (generally the supervisors) must then ensure that these are implemented/complied with. In fulfilling this obligation, the management is supported by safety specialists and occupational physicians. Without prejudice to the responsibility of the employer, the Staff Committee is responsible for helping to maintain and promote the health and safety of employees and, in particular, for ensuring compliance with employee protection rules. In order to carry out the delegated tasks, the autonomous Lower Austria Employee Protection Commission has been set up.
b) Scope
For example, the Lower Austria Employee Protection Act 1998 (NÖ BSG 1998) governs:
- Risk evaluation; measures
- Health and safety documents
- Deployment of employees
- Provisions regarding workplaces and construction sites
- Provisions regarding work equipment and substances
- Health monitoring
- Preventive services
c) Preventive services
The employer must appoint a sufficient number of safety specialists and occupational physicians (preventive experts) and provide them with the necessary time and resources to carry out their tasks.
d) Inspection and authorities
Compliance with the legal obligations incumbent on employers for the protection of employees in a department is, in principle, the responsibility of the head of the department concerned. The autonomous NÖ Bedienstleistungsverband-Kommission [Lower Austria Employee Protection Commission] is the superior control body. The Employee Protection Commission is entitled to carry out announced or unannounced inspections of workplaces.
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Whistleblowing pursuant to Sections 29 et seq. of the Lower Austrian Employee Protection Act 1998
20.11.2023
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