The occupational psychology fitness check-up is carried out by clinical psychologists or health psychologists who have undergone the required further education and have been issued a certificate.
In processing an application, we examine the documents (expert opinions) to be attached to it pursuant to § 131 lit 4 EisbG on the basis of the following criteria:
- Was the person examined the one referred to in the documents (name, address and date of birth)?
- Has the expert opinion been prepared by a clinical psychologist or a health psychologist who has undergone the further education for examining the condition of the psychological fitness for unaffiliated driving and operating of traction units and holds a certificate?
- Does the expert opinion confirm compliance with the statutory minimum requirements?
The minimum requirements confirmed in the respective expert opinion are determined by Community law and result from Annex II of the Directive 2007/59/EC dated 23.10.2007. The minimum contents of an expert opinion pursuant to § 133 EisbG are defined there in section 2.2.
Also see Legal Bases
The expert opinion must carry the following heading:
“Expert opinion pursuant to § 131 lit 4 in connection with § 133 EisbG”
The expert opinion must contain the following information:
“authorized pursuant to § 150 (3) EisbG and entered in the list provided pursuant to § 17 or § 26 Psychologengesetz [Psychologists’ Act]”.
“I confirm that in issuing the expert opinion I took into account the provisions contained in § 133 EisbG and consequently the requirements and objectives to be examined as specified in Annex II of the Directive 2007/59/EC dated 23.10.2007 to a sufficient extent. In doing so, I was able to ascertain that, as far as fitness for employment is concerned, the person examined does not exhibit any occupational psychology deficits or relevant personality disorders which may impair safe performance of his/her activity.
The expert opinion is to be submitted, the signature of the expert may be given by hand or in the form of an electronic signature.
Evidence of documents of psychologists previously engaged in the railway sector
“I state in lieu of an oath, that I have been appointed before 23.04.2010 in terms of the provisions of the Train drivers’ Regulation (TFVO – Triebfahrzeugführer-Verordnung), Federal Law Gazette II No 64/1999, to prepare expert opinions on the mental fitness of train drivers and that I have prepared such expert opinions repeatedly.”
This wording must be inserted in the expert opinion.
In addition, a confirmation of the employer is to be submitted stating that the psychologist has been employed before 23.04.2010 for examination of the condition of mental fitness of persons for driving traction units in terms of the Train Drivers’ Regulation (TFVO), Federal Law Gazette II No 64/1999, and that he/she has prepared such expert opinions repeatedly.
Evidence of documents of psychologists not yet engaged in the railway sector
A certificate is to be submitted which evidences further education qualifying for examining the condition of the mental fitness of persons for driving traction units. For such further education, institutions qualified by decree pursuant to § 7 Psychologists’ Act are eligible.