These designated representatives then bear responsibility for the adherence to regulations. They have to be in position where they independently carry out management tasks in the company – i.e. issue orders or directives, and they must possess sufficient room for manouvre.
If the employer is a legal entity, a designated representative can be appointed from among the persons responsible for representing the company, such as one of the managing directors or general managers according to commercial law. However, employees can also be appointed for certain areas (either spatially or in terms of subject matter), e.g. for a building site or a branch.
If the employers are natural persons, designated representatives can only be appointed for certain areas.
The following conditions must be fulfilled. The person has to:
- Have their main place of residence in Austria (does not apply to EEA states, if it is ensured that orders can be served in administrative penal proceedings)
- Have provenly agreed to their appointment
- Be able to give orders to others
- Be able to be prosecuted in a criminal court
- Safety experts, occupational physicians and safety representatives may not be appointed as designated representatives.
The relevant Labour Inspectorate must be notified of the appointment and provided with evidence that the person has agreed to fulfil this role. Only then does the appointment become legally effective. The authorities must also be notified of any withdrawal of such an appointment.