Switzerland

Switzerland has a comprehensive health and safety legal framework, primarily composed of the Labour Law (ArG) and the Accident Insurance Law (UVG).

Key Principles of Swiss Health and Safety Law

Swiss health and safety law is built on two main principles: employers' responsibilities and workers' rights. Employers are required to ensure the health and safety of their workers, which includes conducting risk assessments, implementing control measures, ensuring safe workplaces and equipment, and providing protective equipment and training. Larger companies or those with significant hazards must also appoint qualified health and safety specialists.

On the other hand, workers are granted significant rights under Swiss law. These include the right to be informed about workplace hazards, the right to refuse dangerous work, and the right to participate in health and safety decision-making and consultations.

Key Regulatory Agencies

The State Secretariat for Economic Affairs (SECO) is responsible for overseeing and enforcing the Labor Law. The Swiss National Accident Insurance Fund (SUVA) enforces the Accident Insurance Law, while the Federal Coordination Commission for Occupational Safety (EKAS/CFST) coordinates health and safety activities and develops prevention strategies.

Key Provisions of Swiss Health and Safety Law

Working Time Regulations (ArG)

The Labour Law sets out regulations for working time, including limits on daily and weekly work hours, mandatory rest periods and breaks, and rules on night work and Sunday work.

Workplace Safety (ArG)

The law also sets requirements for safe workplaces, including layout, ventilation, and lighting. It also sets safety standards for machinery and equipment, and rules for the handling of hazardous substances. Ergonomics and the prevention of musculoskeletal injuries are also covered.

Health Protection (ArG)

The law protects workers from excessive noise, vibration, and hazardous substances. It also provides special measures for pregnant workers, young workers, and persons with disabilities. Occupational health services and workplace health promotion are also covered.

Accident Prevention (UVG)

The Accident Insurance Law obliges employers to prevent occupational accidents and diseases. It also provides for insurance coverage for occupational injuries and illnesses, and sets out rehabilitation and compensation programs.

Compliance and Enforcement

Compliance with health and safety laws is enforced by Labor Inspectorates, which conduct workplace inspections. SUVA investigates accidents, determines insurance coverage, and enforces safety measures. Violations of the laws can result in fines, administrative orders, and in severe cases, criminal penalties.

Occupational health and safety (OHS) is a crucial aspect of any workplace, and in Switzerland, it is governed by several key laws and institutions. The primary law is the Work Act (ArG), which outlines employer responsibilities to protect workers' health and well-being. This includes hazard identification, risk assessment, providing necessary protective measures, and training employees on safe work practices.

Key Institutions

The State Secretariat for Economic Affairs (SECO) is the primary federal agency responsible for overseeing OHS policy and enforcement. It develops OHS regulations and provides guidance to employers and employees. The Swiss Accident Insurance Institution (SUVA) is the main accident insurance provider in Switzerland, playing a crucial role in accident prevention, rehabilitation, and compensation for occupational injuries and illnesses. The Federal Coordination Commission for Occupational Safety (EKAS/CFST) coordinates OHS activities among federal agencies, cantons, and social partners, developing guidelines, promoting OHS campaigns, and providing training resources.

Employer Responsibilities

Swiss employers bear a significant responsibility for maintaining a safe and healthy workplace. They must systematically identify and assess workplace hazards and implement appropriate control measures to minimize risks. Employers must provide employees with clear information and training on workplace hazards, safe work procedures, and the use of protective equipment. They must ensure that the workplace, equipment, and machinery are safe and well-maintained. Employers may be required to provide medical examinations or health surveillance for employees exposed to specific hazards. They must also have plans in place for emergencies like fires, accidents, or chemical spills.

Employee Rights and Participation

Employees in Switzerland have rights and play an active role in OHS. They can refuse work if they believe it presents an immediate and serious danger to their health. Employees have the right to be informed about workplace hazards and to be consulted on OHS matters. In larger companies, employees can elect safety and health representatives to advocate for their interests. Employers are encouraged to involve employees in developing and implementing OHS management systems.

Focus Areas in Swiss OHS

Switzerland places a strong emphasis on preventing and managing psychosocial risks, such as stress, burnout, and workplace harassment. With an aging workforce, Switzerland is addressing the specific OHS needs of older workers. Prevention of musculoskeletal disorders (MSDs) is a priority, given their prevalence in many industries. Switzerland also has strict regulations for handling hazardous substances to protect workers and the environment.

Workplace inspections in Switzerland are primarily conducted by Cantonal Labor Inspectorates, each of the 26 Swiss cantons having its own labor inspectorate. Other bodies like the Swiss Accident Insurance Institution (SUVA) and the State Secretariat for Economic Affairs (SECO) can also conduct inspections, particularly focused on accident prevention and compliance with the Accident Insurance Act (UVG), or in specific sectors or in response to serious accidents or complaints respectively.

Inspection Criteria

Workplace inspections evaluate compliance with multiple laws and regulations. Inspectors assess hazard prevention measures, working conditions, working hours, and protection of specific worker groups under the Work Act (ArG) and its Ordinances. Inspections also focus on preventing accidents and occupational diseases, including the effectiveness of safety measures and the use of personal protective equipment under the Accident Insurance Act (UVG). Additional regulations may apply depending on the industry, such as regulations on hazardous substances, machinery safety, or construction site safety.

Inspection Frequency

The frequency of workplace inspections varies based on several factors. Workplaces with higher inherent risks, such as those in construction, manufacturing, or healthcare, are inspected more frequently. Companies with a history of accidents or OSH violations may be subject to increased scrutiny. Inspections can also be triggered by complaints from employees or other stakeholders.

Inspection Procedures

The inspection process involves several steps. It starts with preparation where inspectors review company information, previous inspection reports, and relevant regulations. The inspection begins with an opening meeting with company representatives to explain the purpose and scope of the inspection. This is followed by a thorough walkthrough of the workplace, observing work processes, equipment, and conditions. Inspectors may interview employees and managers to gather information and may examine OSH records, including risk assessments, training records, and accident reports. The inspection ends with a closing meeting where the inspector presents preliminary findings and potential violations or areas for improvement. A formal report summarizing the findings and outlining any necessary corrective actions is then prepared.

Follow-up Actions

Employers are given a deadline to address identified violations and improve OSH conditions. Follow-up inspections may be conducted to verify that corrective measures have been taken. In cases of serious or repeated violations, authorities can impose fines or even order work stoppages.

Workplace accidents are a serious matter that require immediate attention and reporting. Employers are obligated to report all occupational accidents to their accident insurance provider, usually the Swiss Accident Insurance Institution (SUVA). In the case of severe accidents resulting in death or significant injuries, these must also be reported to the cantonal labor inspectorate and, in some cases, to the police.

Accident Investigation

Employers are responsible for conducting a prompt investigation into the causes of the accident. This involves gathering information, interviewing witnesses, and analyzing the circumstances to determine root causes. SUVA may conduct its own investigation, particularly in the case of serious accidents or occupational diseases. Their investigation focuses on identifying preventive measures and assessing entitlement to insurance benefits. Depending on the severity and complexity of the accident, external experts may be brought in to assist with the technical aspects of the investigation.

Compensation Claims

The Accident Insurance Act (UVG) provides compulsory insurance coverage for all employees in Switzerland against occupational accidents and diseases. Injured workers are entitled to various benefits, including medical treatment and rehabilitation costs, wage replacement benefits during periods of disability, disability pensions in cases of permanent impairment, and survivor benefits in the event of death. Injured workers file claims through their employer's accident insurance provider, usually SUVA. SUVA assesses the claim and determines the benefits to be provided.

Key Principles & Regulations

Swiss protocols prioritize preventing future accidents by emphasizing thorough investigations to determine root causes and implement corrective measures. The accident insurance system operates on a no-fault basis, meaning employees receive compensation regardless of who is at fault for the accident. Employers are responsible for taking all necessary measures to prevent accidents and for ensuring the prompt reporting and investigation of any accidents that occur.