Rs 814.012 Order Of 27 February 1991 On Protection Against Major Accidents (Major Accident, Opam Ordinance)

Original Language Title: RS 814.012 Ordonnance du 27 février 1991 sur la protection contre les accidents majeurs (Ordonnance sur les accidents majeurs, OPAM)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
814.012 order on protection against major accidents (major accident, OPAM Ordinance) of February 27, 1991 (State on June 1, 2015) the Swiss federal Council, view the art. 10, al. 4, and 39, al. 1, of the law of 7 October 1983 on the protection of the environment (LPE), view the art. 47, al. 1, of the Federal law of 24 January 1991 on the protection of waters (WPA), stop: Section 1 provisions general art. 1 purpose and scope of application this order is intended to protect the population and the environment of the serious damage caused by major accidents.
It applies: a. companies exceeding the quantitative thresholds of substances, preparations or special waste as defined in annex 1.1; b. to companies using bodies genetically modified or pathogenic or exotic bodies subject to the containment required for an activity attributed to the class 3 or 4 according to the order of 9 may 2012 on confined; use c. railway according to Appendix 1.2 a; d. large roads transit within the meaning of the order of June 6, 1983 on the great highways, when they are used for transport or transshipment of dangerous goods within the meaning of the Ordinance of April 17, 1985 relating to the transport of dangerous goods by road (SDR) goods or the meaning of the international agreements in this area; e. on the Rhine, when it is used to transport or trans-ship dangerous goods within the meaning of the regulations of April 29, 1970, for the transport of dangerous goods on the Rhine (ADNR); f. transport facilities by pipelines within the meaning of the Ordinance of 2 February 2000 on transport by pipeline facilities, if they meet the criteria listed in annex 1.3.

The enforcement authority may exclude from the scope of the present order the undertakings referred to in para. 2, let. b, who: a. are exclusively the activities of class 3 on Annex 1.4 organizations that, in view of their characteristics, cannot spread uncontrollably among the population or the environment; ETB. which, in view of the potential danger they present, may not cause serious damage to the population or the environment.

The enforcement authority is entitled to apply in each case this order to business communication and transport by following lines, facilities because of the potential danger that they pose, they could seriously damage to the population or the environment: a. businesses that use substances, preparations or special waste; b. companies using bodies genetically modified or pathogenic or exotic bodies subject to the containment required for an activity attributed to class 2 according to the Ordinance on the contained, use after consultation with the Federal Commission of experts for biosafety (SECB); c. communication channels outside the businesses on which dangerous goods within the meaning of para. 2 are transported or transhipped; d. transport facilities by pipeline to the meaning of the order of 2 February 2000 on transport by pipeline facilities, if they do not meet the criteria listed in annex 1.3.

This order does not apply to facilities and means of transportation subject to the law on nuclear energy and protection against radiation and radiation may cause damage to the population or the environment.
The provisions of art. 10 EPA are directly applicable to the companies and channels of communication which, in the case of extraordinary events, can cause serious damage to the population or the environment without cause in the use of substances, preparations, special waste, the transport of dangerous goods or the use of genetically modified or pathogenic microorganisms or exotic bodies subject to mandatory confinement.

New content according to section II 8 of the O of 18 May 2005 on the repeal and amendment of the existing law of the fact of the Act on chemical products, in effect since August 1, 2005 (RO 2005 2695).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
SR 814.912 new content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
[1983 678 RO. RO 1992 341 art. [7]. currently in the O of 18 Dec. 1991 (RS 741.272).
[RO 1985 620, 1989-2482, 1994 3006 art. 36 ch. 3, 1995 4425 annex 1 c. II 11 4866, 1997 422 ch. II, 1998 1796 art. 1 c. 18 and art. 6, 1999 751 ch. II, 2002-419-1183. RO 2002 4212 art. 29 al. 1]. see currently O from 29 nov. 2002 (RS 741.621).
[RO 1977 768, 1983 486, 1987 1454, 1990 1356, 1971 1965]. See now the R from 29 nov. 2001 (SR 747.224.141).
Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
RS 746.11 introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
New content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
New content according to section II 8 of the O of 18 May 2005 on the repeal and amendment of the existing law of the fact of the Act on chemical products, in effect since August 1, 2005 (RO 2005 2695).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
New content according to section 2 of Schedule 5 to the O of 25 August 1999 on contained use, in force since Nov. 1. 1999 (RO 1999 2783).
New content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 2 definitions a business includes facilities, within the meaning of art. 7, al. 7, EPA, which form a spatial and functional (business area).

The potential danger is the sum of the consequences that may result, because of their properties and their amount, substances, preparations, special wastes, organizations or dangerous goods.
Is deemed accident major extraordinary event which occurs in a company, on a channel of communication or transport by pipeline facility and who has serious consequences: a. out of the business area; b. on the path of communication itself or outside it; c. out of the installation of transport by pipeline.

The risk is determined by the extent of the damage that would have the public or the environment as a result of major accidents, and the probability of occurrence of the latter.

Repealed by no I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
New content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).

Section 2 principles of prevention article 3 the holder of a company safety measures, of a way of communication or a facility of transportation by pipelines (holder) is required to take all measures to reduce the risk that correspond to the State of security technology, which are economically bearable and what he was able to complete thanks to his experience. Are measures that reduce the potential danger, to prevent major accidents and to limit the consequences.
In the selection of measures, will be considered possible causes of major accidents to the company or its vicinity, as interventions of unauthorized persons.
At the time of action, is done according to the requirements set out in annex 2.1. should in particular take into account the measures provided for in the annexes 2.2 to 2.5.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
New content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 4 repealed by no I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).

Art. 5 brief report of 1 holder the holder of a company shall deliver to the enforcement authority a short report which will include: a. a brief description of the company, a location map and information about the neighborhood; (b) a list indicating the maximum quantities of substances, preparations or special waste present in the company and which exceed the quantitative thresholds laid down in annex 1.1 as well as the quantitative thresholds; c. the study and assessment of the risk to the senses of the art. 6 and 7 of the order of 9 may 2012 on the confined use; d. the information used as basis for the eventual conclusion of thing and liability insurance contracts;. e guidance on security measures; (f) an estimate of the extent of the damage that could be the public or the environment as a result of major accidents.

The holder of a channel of communication is required to submit to the enforcement authority a short report which will include:

a. a brief description of the construction and equipment of the communication channel, a location map and information about the neighborhood; b. information on the volume and structure of traffic, on the type and frequency of accidents on the way of communication c. guidance on security measures; d. an estimate of the probability of a major accident resulting in serious damage to the public or the environment.

The holder of a transportation by pipeline facility is bound to return to the executing a short report which will include: a. a brief description of the construction and equipment of the installation of transport by pipeline, a site plan and information about the neighborhood; (b) information on the nature, composition and the State of aggregation of substances and preparations carried as well as the permitted operating pressure and the frequency of accidents occurred on the installation; c. guidance on security measures; d. an estimate of the probability of a major accident resulting in serious damage to the public or the environment.


The enforcement authority free the holder of a big through road of the obligation to submit a brief report, though it may admit, on the basis of the information available and in the absence of such a report, as the likelihood of major accidents causing serious damage is low enough.

New content according to section II 8 of the O of 18 May 2005 on the repeal and amendment of the existing law of the fact of the Act on chemical products, in effect since August 1, 2005 (RO 2005 2695).
New content according to section 7 of Schedule 5 to the O of 9 may 2012 on contained use, in force since June 1, 2012 (RO 2012 2777).
SR 814.912 new content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
Introduced by section I of the O on Feb 13. 2013 (2013 749 RO). Repealed by no I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).
Introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 6 review of the brief report, risk study the enforcement authority verifies that the short report is complete and correct.
She checks in particular: a. for businesses, if the estimate of the magnitude of the damage that could be the population or the environment (art. 5, al. 1, let. f) is plausible; b. channels of communication, if the estimate of the probability of occurrence of a major accident resulting in serious damage (art. 5, al. 2, let. d) is plausible; (c) for transport by pipeline facilities If the estimate of the probability of occurrence of a major accident resulting in serious damage (art. 5, para. 3, let. d) is plausible.

After a possible visit places, it determines whether it is possible to admit that: a. the company is unlikely to cause serious damage to the population or the environment following major accidents; b. channel presents a probability of a major accident resulting in severe enough low damage; c. transport by pipeline installation presents a probability of a major accident resulting in severe enough low damage.

The enforcement authority a record the results of its review.
If this is not possible, according to para. 3, it shall order the holder to conduct a risk assessment according to annex 4 and submit him.

Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).
Introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 7 review of the risk assessment the enforcement authority examines the study of risk and determine whether the risk is acceptable. It record its decision in writing.
To determine the acceptability of the risk, it will take account of the risks existing in the vicinity and will ensure that the probability of a major accident or even lower than: a. the protection needs of the population or the environment against serious damage as a result of major accidents take precedence over the interest, public or private, represented by a company a communication channel or a transportation by pipeline facility; (b) the extent of the damage which may be inflicted to the population or the environment.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
New content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).

Art. 8 additional security measures if the risk is not acceptable, the enforcement authority ordered additional measures that are needed. She's also have the right, if necessary, to restrict the operation or traffic, or to ban it.
If the measures fall within the competence of another public community, the enforcement authority addresses the necessary applications. The federal Council as appropriate coordinates the measures.

Art. 8aChangement of the situation if the holder has established a brief report but did not study of risk and that the situation will change significantly or that he has knowledge of relevant developments, he must complete his brief report and submit it again to the enforcement authority.
If the holder has established a risk assessment and the situation changes significantly or that he has knowledge of relevant developments, it must: a. complete the risk study and submit it again to the enforcement authority; (b) complete and submit again to the enforcement authority the brief report in place of the study of risk;

1. If there is no reason to expect major accidents that can cause serious damage to the population or the environment, 2. If lines of communication and transport by pipeline facilities, the probability of an accident causing serious damage is low enough.

Introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 8bcontroles the enforcement authority regularly conducts inspections on-site to ensure that holder honoured the obligations arising from this order. It record its assessment in writing.
It defines the frequency of inspections according to the potential danger of the type and complexity of the company, of the channel or transport by pipeline installation, and based on the results of previous checks.

Introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 9 and 10 repealed by section I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).

Section 3 control of major accidents art. 11. the holder shall take steps necessary to control a major accident.
These include: a. immediately fight the major accident and announce it to the body of alert; b. immediately evacuate the place of the event, deny access and prevent any new reached; c. address the abuses as soon as possible.

Within a period of three months after the accident, he will present to the enforcement authority a report including: a. a description of the conduct of the major accident, damage caused by him and the way he has been mastered; b. information about the effectiveness of security measures that have been taken; c. an assessment of the major accident.

If the holder cannot provide this report within the time limits, he address the enforcement authority a request duly motivated extension and an interim report on the status of its investigations.

Section 4 tasks of the cantons art. 11aCoordination with master plans and assignment plans the cantons take into account the prevention of major accidents in management plans and assignment plans.
The enforcement authority means, for companies, channels of communication and transportation by pipeline facilities, the adjoining field where the realization of new constructions and facilities can lead to a significant increase in risk.
Until the competent authority decides a change of plans or plans of assignment in a domain according to para. 2, she consults the executing for the risk assessment.

Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).

Art. 12 body alert the cantons designate an alert body whose task will be to save at any time ads of a major accident and to immediately notify the emergency services.
The cantons will also designate a central body which will immediately communicate any major accident as alarm NEOC (PA-NEOC) of the national central alarm (NEOC).

New content according to section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).

Art. 13Information and alarm the cantons shall inform the public: a. location of companies and lines of communication; b. of the adjoining areas according to art. 11, art. 2.


The cantons ensure that the population concerned is informed in time in the event of a major accident; They shall, as appropriate, to the alarm being given and what people receive guidance on how to behave.
When a major accident can cause serious abuses beyond cantonal and national borders, the cantons inform and, as appropriate, in time alert the cantons or neighbouring countries.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 14 coordination intervention the cantons coordinate intervention services taking into account holders response plans.

Art. 15Coordination controls the cantons coordinate as much as possible for companies and channels of communication controls under this order and other legislative acts.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 16 information from the FOEN cantons periodically inform the federal Office for the environment (FOEN) by submitting an overview (cadastre risks) of the potential dangers and risks on their territory, as well as measures that have been implemented.
To this end, the competent services of the Confederation and the cantons shall send them, on request, information.
The legal provisions concerning the obligation to maintain secrecy are reserved.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).
New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Section 5 tasks of the Confederation art. 17 data collected by the FOEN.

At the request of the FOEN, the competent services of the Confederation and the cantons provide all the information they have collected pursuant to this order.
The FOEN ensures the processing of data and puts at the disposal of the competent services if this is necessary for the purposes of this order.
The legal provisions concerning the obligation to maintain secrecy are reserved.

New expression according to section I of the O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337). This mod has been taken throughout the text.

Art. 18 and 19 repealed by section I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).

Art. 20Information the competent services of the Confederation shall inform the public: a. location of businesses, the lines of communication and transport by pipeline facilities; b. of the adjoining areas according to art. 11, art. 2. in the case of a major accident that could cause serious violations across national borders, the competent services of the Confederation shall inform Swiss abroad and the foreign authorities concerned representations.

New content according to chapter I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 21 repealed by no I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).

Art. 22 guidelines the FOEN develops the need of explaining key provisions of the Ordinance and directives including the scope, security measures, as well as the establishment, review and assessment of the summary report and the study of risk.

Section 6 provisions final art. 23execution the cantons perform this order, unless it says execution at Confederation.
When federal authorities apply other federal statutes, international agreements or international decisions that affect objects under this order, they also carry out this order. The collaboration of the FOEN and the cantons is governed by art. 41, al. 2 and 4, EPA; the legal provisions on the obligation to maintain secrecy are reserved.
The FOEN prescribed patterns of geodata and the minimum for basic geodata representation models covered by this order, where it is designated as a specialized service of the Confederation in Schedule 1 of the Ordinance of 21 May 2008 on the geographical information.

New content according to section II 8 of the O 2 Feb. 2000 relative to the Federal law on the coordination and simplification of decision-making procedures, in force since 1 March 2000 (RO 2000 703).
RS 510.620 introduced by section 5 of Appendix 2 to the O of 21 May 2008 on the geo-information, in effect since July 1. 2008 (RO 2008 2809).

Art. 23aModification of annexes the DETEC can adapt the annexes 1.1, c. 3, and 1.2 has this order after consultation with the parties concerned and insofar as this is necessary in view of the State of security technology, of the potential danger and the quantities of dangerous goods.
It adapts the list in annex 1.4 in agreement with the federal Department of the economy, training and research and the federal Department of the Interior and after consultation of the SECB if there knowledge of new facts about the characteristics of some organizations.

Introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 24 amendment of the law in force.

Mod. can be found at the RO 2012 2777.

Art. 25 repealed by no I of O from 29 Apr. 2015, with effect from 1 June 2015 (RO 2015 1337).

Art. Transitional 25aDispositions the amendment of February 13, 2013 the holder of a transport by pipeline installation is required to deliver the short report (art. 5, para. 3) to the enforcement authority at the latest within five years following the entry into force of this amendment of the order.
The enforcement authority frees individuals from the obligation to provide information within the meaning of para. 1 when it already has the necessary information.

Introduced by section I of the O on Feb 13. in effect since Apr 1, 2013. 2013 (2013 749 RO).

Art. Transitional 25bDisposition on April 29, 2015 changing holders of companies falling within the scope of this order as a result of the amendment of April 29, 2015 must submit a brief report to the enforcement authority within three years after the entry into force of the amended order.

Introduced by section I of O from 29 Apr. 2015, in force since June 1, 2015 (RO 2015 1337).

Art. 26 entry into force this order comes into force on April 1, 1991.

Appendix 1 scope and summary report annex 1.1 on 1 June 2015 (arts. 1 and 5) quantitative thresholds of substances, preparations and special waste 1...

2 determination of the quantitative thresholds 21 Substances and preparations are applicable for substances and preparations in the table in section 3 the quantitative thresholds contained in that table.
The owner determines the quantity threshold of other substances and other preparations by applying the criteria set out in section 4 according to annex I of the classification / labelling under the CLP Regulation (EC) 1272/2008 n and criteria stopped at no. 5 for the substances and preparations of high activity. The thus established the lower threshold is the critical threshold.
The holder may renounce determine the quantity for a test or a field threshold when it establishes in a credible way that acquiring the data would require a disproportionate investment.

22 special waste. the federal Department of the environment, transport, energy and communications (DETEC) fixed quantitative thresholds for special waste identified as such in the list of waste established under art. 2 of the order of 22 June 2005 on the movement of waste. It takes into account including: a. the health hazards; (b) physical hazards; c. the dangers for the environment; d. other dangers.

3 substances and preparations and their quantitative threshold N stuff N ° cases SQ (kg) Acetylene 74-86-2 5 000 1 2 4-aminodiphenyle and its salts 500 3 ammonium nitrate fertilizer, with a share of n ≥ 25% 20 000 4 fertilizer ammonium nitrate, with a share of n ≥ 25% and the negative results attested to the test detonation and 200 000 5 arsenic trioxide decomposition , (III) arsenieux acid and its salts 1327-53-3 100 6 vanadium of arsenic, arsenic (V) acid and/or its salts 1303-28-2 1 000 7 Benzidine and its salts 500 8 gasoline (regular, super) 200 000 9 7782-50-5 chlorine 200 10 1, 2-dibromo-3-chloropropane 96-12-8 500 11 1, 2-dibromoethane 106-93-4 500 12 diethyl sulphate 64-67-5 500 13 79-44-7 dimethylcarbamoyle chloride 500 14 1, 2-dimethylhydrazine 540-73-8 500 15 fuel-ethanol 200 000 16 heating oils , oils diesel 500 000 17 Hexamethylphosphotriamide 680-31-9 500 18 Hydrazine 302-01-2 500 19 Kerosene 200 000 20 methyl Isocyanate 624-83-9 150 21 2-naphtylamine and its salts 500 22 compounds in inhalable powder form nickel 1 000 23 4 - 92-93-3 500 24 nitrodiphenyle 1 3-propanesultone 1120-71-4 500 sulphur dichloride 10545-99-0 25 1 hydrogen 1333-74-0 5 000 000 26 4 criteria for the determination of the quantitative thresholds 41 Dangers for health criteria values for the criteria SQ = 200 kg = 2000 kg SQ SQ = 20,000 kg SQ = 200 000 kg Classification/labelling H330 H300, H310, H331, H370


H301, H302, H311, H 312, H314, H 332, H371 SQ = 42 physical quantity threshold criteria values for the criteria SQ = 200 kg SQ = 2000 kg SQ = 20 000 kg SQ = 50 000 kg Classification/labelling H200, H201, H202, H203, H240, H241 H220, H221, H224, H225, H226, H242, H250, H251, H252, H260, H261, H270, H271, H272 H222, H223, H228 SQ = quantity threshold 43 environmental hazards criteria values for the criteria SQ = 200 SQ = 2000 kg SQ = 20 000 kg SQ kg = 200 000 kg Classification/labelling H400, H410 H411 SQ = quantity threshold 44 other hazard criteria values for the criteria SQ = 200 kg SQ = 2000 kg SQ = 20 000 kg SQ = 200 000 kg Classification/labelling EUH032 EUH014, EUH029, EUH031 SQ = quantity threshold 5 Substances of high activity (SHA) criteria values for the criteria SQ = 20 kg a. value limits in air for occupational inhalation exposure

Related Laws