Many directives - one goal: fewer accidents
Occupational safety is still not a matter of course everywhere, let alone internationally. In Switzerland, there are strict regulations and various organisations are working towards global standards, including new ISO standards.
Let's take the example of electricity: according to Suva, its dangers are still underestimated. On the one hand, faulty equipment and installations, bare wires and uninsulated cables cause serious accidents time and again. On the other hand, electricians still do not consistently apply the vital rules in their work. In almost half of the cases (46 percent), working without tension in accordance with the classic (+5) safety rules would have prevented the accident. Often it was simply not checked before work whether the electrical system was still live. Suva supports compliance with safety regulations and vital rules in companies by carrying out checks and providing advice. Its powers are laid down in Article 85 of the UVG.
Obligation of employers
According to UVG Art. 82, employers are obliged to take all measures for the prevention of occupational accidents and diseases that are necessary according to experience, applicable according to the state of the art and appropriate to the given circumstances, and they should ensure that employees cooperate in the prevention of occupational accidents and diseases. Ongoing information and training are important to ensure that the correct response is taken in the event of an emergency.
Employees must assist employers in the implementation of the regulations on the prevention of occupational accidents and diseases, i.e. they must use personal protective equipment and make proper use of safety devices. They may neither remove nor alter such equipment without the employer's permission. The Federal Council may make work involving special hazards dependent on proof of training, provided the social partners submit a corresponding application (UVG Art. 82a). This is also in line with the provision in OR Art. 328, which requires employers to protect the life, health and personal integrity of employees. Various provisions on occupational health and safety can also be found in Ordinance 3 to the Labour Code (ArGV 3).
accident prevention regulation
The Ordinance on Accident Prevention applies to all establishments whose employees carry out work in Switzerland (VUV Art. 1). An establishment exists if an employer employs one or more workers on a permanent or temporary basis, irrespective of whether fixed facilities or installations are present. In order to maintain and improve safety at work, employers must take all protective measures in accordance with the regulations on safety at work and also in accordance with recognised safety and occupational health rules (VUV Art. 3). The management must check this regularly. If buildings, parts of buildings, work equipment or work procedures are changed or if new substances are used in the company, the employer must adapt the protective measures and protective equipment to the new conditions. Employees or their representatives in the company must be consulted comprehensively and at an early stage on all matters relating to occupational safety (VUV Art. 6a). They have the right to submit proposals.
Suva and EKAS
According to Suva and VUV Art. 4, an important principle is: "No work is so important that you risk your life or that of your co-workers for it. If a vital rule is violated, the rule is: STOP, stop work and eliminate the dangerous situation. Only then will work continue." According to Suva, not all employers are aware that they have to finance the personal protective equipment (PPE) prescribed in VUV Art. 5 and the replacement of PPE for their employees due to wear and tear. This also corresponds to OR Art. 327 and 327a.
The Federal Coordination Commission for Occupational Safety (EKAS) supports the implementation of occupational safety. A guideline has been drawn up for all persons concerned with questions of safety and health protection in the workplace. Closely linked to the EKAS is also the guideline on the involvement of occupational physicians and other occupational safety specialists (ASA guideline); the revised ASA guideline 6508 has been in force since 1 January 2017.
Civil protection and dangerous goods
There are also provisions on disaster control in environmental law, a basic one in the Environmental Protection Act (USG Art. 10). Anyone who operates or intends to operate installations that could seriously harm people or their natural environment in the event of an extraordinary event must take the necessary measures to protect the population and the environment. Suitable sites must be chosen, the necessary safety distances must be maintained, technical safety precautions must be taken and the monitoring of operations and the organisation of alarms must be guaranteed. The Major Accidents Ordinance must be taken into account. In turn, the Ordinance on the Protection of Workers against Risks from Microorganisms (SAMV) regulates the safety measures for people who come into contact with genetically modified or pathogenic microorganisms at the workplace.
The Ordinance on Dangerous Goods Safety Advisers for the Transport of Dangerous Goods by Road, Rail and Water (GGBV) stipulates that companies must appoint one or more dangerous goods safety advisers for each activity involving dangerous goods. The provisions of the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and the national Ordinance concerning the Carriage of Dangerous Goods by Road (SDR) also apply.
According to the Ordinance on Transport Insurance (VVV Art. 11), the owner requires an official permit if he wishes to use a motor vehicle or trailer for the transport of dangerous goods. For the transport of dangerous goods, the minimum insurance for motor vehicles and trailers is 15 million Swiss francs per accident for personal injury and property damage combined (Art. 12 VVV).