ÖrABw

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The ÖrABw is a public-law supervision of the Bundeswehr over certain areas. ÖrABw stands for public-law supervision for occupational safety and technical environmental protection in the Bundeswehr and in the guest forces. The Bundeswehr (Bw) is bound as part of the executive power of the law. As a rule, federal laws are enforced by the federal states , which are responsible for the relevant legal supervision, the granting of legally provided exceptions and permits and the issuing of sanctions. For the area of ​​the Bundeswehr , however, numerous federal laws and ordinances transfer these powers to the Federal Ministry of Defense (BMVg) or to the bodies designated by it.

The ÖrABw exercises state legal supervision for personnel and technical occupational health and safety as well as technical environmental protection . Established by the State Secretary's decree in 1965, the federal defense agency can look back on a long experience.

  • As part of the BMVg's business area, ÖrABw also performs the tasks incumbent on the state labor protection and environmental protection authorities and statutory accident insurance in the civil sector
  • in the case of occupational safety and prevention in accordance with the Occupational Safety and Health Act, Book VII of the Social Code, the Chemicals Act and the Medical Devices Act,
  • in radiation protection in accordance with the Atomic Energy Act and Radiation Protection Act,
  • in technical environmental protection (immission control and climate protection) in implementation of the Federal Immission Control Act as well as the Chemicals Climate Protection Ordinance and Chemicals Ozone Layer Ordinance.
  • It is reserved to the BMVg to regulate certain tasks of ship safety and maritime environmental protection arising from the Maritime Tasks Act within the framework of self-commitment and in responsibility for the employees and the environment itself and to monitor the fulfillment of tasks. In addition to the Occupational Safety and Health Act, the basis for this further field of action of ÖrABw is the central service regulation A-2016/1 “Ship safety on watercraft of the Bundeswehr”.

Due to the competencies assigned to it, the ÖrABw exercises state supervision in the various specialist areas on its own responsibility and carries out prevention work. As a notified body, the ÖrABw is thus a supervisory authority and performs the tasks in the field of occupational safety within the Bundeswehr, which are usually carried out by the competent authorities of the federal states, in the past the trade supervisory authorities , or by the prevention service of the accident insurance institutions .

tasks

The ÖrABw

  • monitors compliance with state safety regulations through regular factory visits,
  • accompanies construction measures for the Bundeswehr or the NATO partners through technical statements,
  • approves the fuel lines of the Central Europe Pipeline System operated by the pipeline operating company . About these lines u. a. the Frankfurt airport supplied with kerosene.
  • acts as a supervisory authority for national defense systems in military security areas within the framework of the Federal Immission Control Act . Neighborhood complaints are investigated.

In addition to performing these core tasks, ÖrABw also conducts accident investigations. Based on the assigned powers, it processes the applications envisaged in the respective legal areas as the “competent authority”, issues approvals, permits or permits and allows exceptions or deviations. In addition, the ÖrABw advises the local offices, in writing or by telephone.

Depending on the severity of the deficits identified, it uses the instruments of hearing and official orders to protect members of the armed forces and to establish legally compliant operations . If necessary and after exhausting all means, such as B. Advice on remedial measures, the ÖrABw can take further measures up to the decommissioning of plants and the cessation of operations. It carries out measurements, tests and examinations to assess any risks that may exist for employees and the environment.

organization

As part of the self-enforcement competence, the monitoring and enforcement of the regulations in personnel and technical occupational safety and environmental protection takes place under the technical supervision of Section IUD II 5 ( nature conservation , ecology , environmental management , sustainable development , public-law supervision of the Bundeswehr / guest armed forces) of the BMVg and under technical control of the head of the ÖrABw in Section GS IV 1 in the Federal Office for Infrastructure, Environmental Protection and Services of the Bundeswehr (BAIUDBw).

The practical implementation is carried out by regional supervisory bodies at the seven competence centers for construction management, department K 5 there. The K 5 departments basically work without instructions.

The relevant service regulations include:

  • ZDv A-2010/1 "Occupational health and safety and prevention"
  • A1-2014 / 0-6000 "Noise protection" (formerly ZDv 44/3)

Individual evidence

  1. ↑ Article 20, Paragraph 3 of the Basic Law.
  2. ↑ Article 83 of the Basic Law.
  3. ↑ Kirsten-Enke Aha: Organigram Competence Centers Construction Management. (PDF; 155 kB) Bundeswehr, November 5, 2015, accessed on February 10, 2016 .