Rs 935.911 Order From November 30, 2012 On Mountain Guides And Organizers Of Other Risk Activities (Ordinance On Risk Activities)

Original Language Title: RS 935.911 Ordonnance du 30 novembre 2012 sur les guides de montagne et les organisateurs d’autres activités à risque (Ordonnance sur les activités à risque)

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.
935.911 order on mountain guides and organizers of other risk activities (Ordinance on risk activities) from November 30, 2012 (State June 9, 2015) the Swiss federal Council, having regard to the art. 1, al. 3, 4, al. 2, 5, al. 2, 6, al. 2, 7, al. 4, 11, al. 2, 13, al. 2, 18, al. 2 and 19, al. 3, of the Federal Act of 17 December 2010 on mountain guides and organizers of other activities at risk (Act), stop: Chapter 1 provisions general article 1. other risk activities subject to the Act are subject to the Act, in addition to the activities mentioned in art. 1, al. 2 of the Act: a. the activity of aspirant guide; b. Professor of climbing activity; c. the activity of hiking companion; d. activities, in addition to those mentioned in art. 1, al. 2, let. (c) to (e) of the Act, for which the undertakings referred to in art. 6 of the Act may be certified.

Erratum of June 9, 2015 (RO 2015 1691) art. 2 at-risk activities professionally proposes to risk professionally activities any person who, in the territory of the Swiss Confederation, from activities within the meaning of art. 3, al. 1, income main or accessory of more than 2300 francs per year.

Chapter 2 permissions Section 1 activities subject to authorisation art. 3 authorisation is required to provide the following activities: a. hiking mountaineering fix F or higher in accordance with Annex 2, c. 1; b. hiking Alpine fix T4 or higher in accordance with Annex 2, c. 2; c. hiking ski- and snowboarding above the treeline; d. snowshoeing above treeline fix WT3 or higher in accordance with Annex 2, c. 4; e. descents off-piste above the treeline, fix PD or higher in accordance with Annex 2, c. 3; f. route of via ferrata; g. ice climbing and climbing steep ice; h. rock climbing with more of a length of rope; i. canyoning; j. rivers for whitewater rafting with a degree of difficulty than III in accordance with annex 3 , with a raft within the meaning of art. 2, let. has, c. 12 November 8, 1978, on inland navigation order; k. rivers whitewater descents with a degree of difficulty than III in accordance with annex 3, with an inflatable boat or craft of sports such as canoeing, kayaking, hydrospeed, the funyak or tubes; l. bungee jumping, excluding the activities proposed by the fairground with authorization in accordance with art. 25 by order of 4 September 2002 on the itinerant trade.

Are considered as off-piste descents raids carried out with gear snow sports accessible slopes with lifts but outside the area of responsibility of the operators of ski lifts.
Is considered canyoning progression through swimming or climbing techniques, in beds of streams with few loopholes.
Is considered bungee jumping any jump in free fall directed by a person attached to an elastic cord or any other jump swing.

New content according to chapter I of O of August 13, 2014, in effect since Oct. 1. 2014 (2014 2767 RO).
New content according to chapter I of O of August 13, 2014, in effect since Oct. 1. 2014 (2014 2767 RO).
RS 747.201.1 RS 943.11 Section 2 authorisation art. 4 mountain guides the authorisation issued to mountain guides are authorized to drive customers in the framework of the activities referred to in art. 3, al. 1, let. a to h are equated with the title of 'mountain with federal patent guide': a. patent issued under the former law within the meaning of annex 4, c. 1, provided that their owners have practiced regularly and warrant sufficient continuous training; b. foreign certification recognized as equivalent by the State Secretariat for education, research and innovation (Delia); c. diploma mountain guide issued by the International Union of associations mountain guides (UIAGM).

The authorisation issued to mountain guides are authorized to carry out activities of canyoning provided that they are holders of additional training of the Swiss Association of mountain (ASGM) or the IFMGA guides.

S. 5 aspiring guides mountain the authorisation issued to prospective guides are authorized to drive customers in the context of the activities referred to in art. 3, al. 1, let. a to h, as far as these take place under direct or indirect supervision and the co-responsibility of a mountain guide holder of an authorization within the meaning of art. 4. prospective guides obtain permission are they: a. have successfully completed the ASGM aspiring stream, an aspiring course recognized by the IFMGA or an aspiring foreign course recognised as equivalent by the federal Office of sport (FOSPO); b. ensure compliance with the obligations set out in the Act and this order.

They are required to take out insurance professional liability within the meaning of art. 13 of the Act and art. 20 of this order.
The authorisation issued to prospective guides are authorized to carry out activities of canyoning insofar be they hold additional training and the ASGM the IFMGA and that activity is taking place under the direct or indirect supervision and the co-responsibility of a mountain guide holder of an authorization within the meaning of art. 4, al. 3 s. Climbing 6Professeur the authorisation issued to teachers of climbing are authorized to accompany clients in the context of the activities referred to in art. 3, al. 1, let. h, provided that the ascent or descent: a. this more than a degree of difficulty T3 within the meaning of annex 2, c. 2; b. imply no glacier crossing; etc. require the use of any auxiliary technical means such as ice axes or crampons.

The authorization is issued as the Professor of climbing: a. justifies a title of 'teacher of climbing with federal diploma' within the meaning of art. 43 of the Federal law of December 13, 2002 on vocational training (LFPr) or a certificate of foreign qualification recognized as equivalent by the Mar; b. to guarantee compliance with the obligations set out in the Act and this order.

Shall be assimilated to the title of "Professor of climbing with federal patent" patents issued under the former law within the meaning of annex 4, c. 2, provided that their owners have practiced regularly and warrant sufficient continuous training.
Climbing teachers are required to contract an insurance professional liability within the meaning of art. 13 of the Act and art. 20 of this order.
Climbing in training teachers can achieve under the direct supervision and responsibility of a person holding an authorization for the activities referred to in art. 3, al. 1, let. h, activities of this kind as far as these are necessary further training.

June 9, 2015 (RO 2015 1691) Erratum RS 412.10 s. 7 professors of snow sports the authorisation issued to snow sports teachers are authorized to accompany clients within the framework of the activities referred to in art. 3, al. 1, let. c to e, to condition: a. activities presented by more than the following degrees of difficulty: 1. for ski hikes: PD within the meaning of annex 2, ch. 3.2. for snowshoe hiking: WT3 within the meaning of annex 2, ch. 4.3. for off-piste descents: AD within the meaning of annex 2, ch. 3;

b. that no glacier not be crossed; v. that the global rational assessment case by case by the Professor of snow sports in the region concerned, according to the current state of knowledge, discloses, to the more than a low avalanche hazard; d. that outside gear of snow sports, skins, ice and snowshoes knives, it is not necessary to use technical aids such as ice axes cleats or cords.

Shall be assimilated to the title of "Professor of snowsports with federal patent": a. certificates issued under the former law within the meaning of annex 4, c. 3, provided that their owners have practiced regularly and justify training continues sufficient; b. the foreign certification recognized as equivalent by the Mar.

Snow in training sports teachers can achieve under the direct supervision and responsibility of a person holding an authorization for the activities referred to in art. 3, al. 1, let. c to e, activities of this type insofar as they required further training.

S. 8 hiking companions the authorization issued to the attendants of hiking are authorized to accompany clients in the context of snowshoeing in the sense of art. 3, al. 1, let. d, to condition: a. that hiking presents at the most a degree of difficulty WT3 within the meaning of annex 2, ch. 4; b. that no glacier is crossed; c. that overall rational evaluation on a case by case basis by the attendant of hiking in the region concerned, according to the current state of knowledge, discloses, to the more than a low avalanche hazard; d. outside snowshoes It is not necessary to use auxiliary technical means such as ice axes, crampons, or strings.

The authorization is issued as the attendant of hiking:

a. justifies a title of 'accompanist of hiking with federal diploma' within the meaning of art. 43 LFPr or a foreign certificate recognised as equivalent by the Mar; b. ensure respect for the obligations set out in the Act and this order.

Hiking companions are required to contract an insurance professional liability within the meaning of art. 13 of the Act and art. 20 of this order.
The attendants of hiking in training can achieve under the direct supervision and responsibility of a person holding an authorization for hiking in snowshoes in the sense of art. 3, al. 1, let. d, activities of this kind as far as these are necessary further training.

RS 412.10 s. 9 service providers within the meaning of art. 6 of the Act, the authorization issued to service providers within the meaning of art. 6 of the Act are authorized to carry out the activities referred to in art. 3, al. 1, let. i-l, for which they are certified.
It also empowers providers to carry out an activity within the meaning of art. 3, al. 1, let. a to h, provided that they are certified for this activity.

Section 3 Certification article 10 requirements for certification body certification must be issued by an accredited body within the meaning of the order of 17 June 1996 on the accreditation and designation.

SR 946.512 art. 11 security certification body management systems must rely on a system of safety management for the certification. This system must have been deemed fit to serve as a basis for certification by the Swiss Accreditation Service (SAS) and have been recognized by the federal Department of defence, protection of the population and sports (DDPS).
The safety management system shall meet the following requirements: a. it must provide that the activities proposed by a claimant will be assessed using measurable protection objectives in the field of security; b. it shall provide that all activities proposed by a claimant will be covered by the safety management system; c. should provide for requirements relating to training and guidelines designed to ensure their application; d. it must provide , if collaboration of a claimant with third parties, that these que ces derniers disposeront will have themselves an authorization in accordance with this order or they will be included contractually in safety of the provider program; e. it must provide that certification will be established both on the basis of written documents, such as the manual on management system, that on the basis of a control of the claimant; f. practices should provide that control will be held each year and that any deficiencies will be corrected within a given period.

The DDPS publishes the recognition decision on the Federal worksheet.
The recognition has a validity of five years.

S. 12 Foundation "Safety in adventures" the DDPS can support the Foundation "Safety in adventures" for the development of appropriate in the field of activities risk safety management systems.
He concluded to this end a contract with the Foundation "Safety in adventures".

Section 4 reporting requirement for people from the States of the EU or EFTA s. 13. persons domiciled or having their headquarters in the European Union (EU) or in the States of the European Free Trade Association (EFTA) are subject to a reporting requirement under the legislation on the duty of declaration and verification of qualifications of service providers in the context of regulated professions.
The persons referred to in the al. 1 are exempt from the reporting obligation if they meet the following conditions: a. do not engage in activities within the meaning of the Act and this order on the territory of the Swiss Confederation for more than ten days per calendar year; b. do not use permanent establishment in Switzerland. etc. have official permission enabling to carry out the activity concerned on a professional basis in at least one member of the EU or EFTA State, or have a degree of the IFMGA.

New content according to chapter I of O of August 13, 2014, in effect since Oct. 1. 2014 (2014 2767 RO).

Section 5 Procedure art. 14 granting of the authorisation the applicant presents a written request to the cantonal authority of his home or his seat. If he is domiciled or headquartered abroad, he presents the request the cantonal authority of the place where he has his main activity.
The application must contain data and documents referred to in annex 1.
The cantons may require the use of one of their application forms.
The Authority reviews the application and the documents enclosed in the ten days following their receipt. If the present request for errors or if it is incomplete, the authority returns so that it is corrected within a given period. If this deadline is not respected, the application is considered withdrawn.
The authority shall on request within ten days as of the submission of a complete application.
The art 8, al. 2 and 9, al. 1 of the Act shall apply by analogy to aspiring guides, instructors of climbing and hiking guides.
Moreover, the procedure is governed by cantonal procedural law.

Introduced by chapter I of O of August 13, 2014, in effect since Oct. 1. 2014 (2014 2767 RO).

S. 15 renewal of authorisation for the renewal of their authorisation, the holders of an authorisation for the activities referred to in art. 3, al. 1, let. a to h, must certify that, since graduation or its last licence renewal, they followed a training for a period of two days at least in the field of security and the management of risk, provided or accepted by their professional association, and that they have a professional within the meaning of the art liability insurance. 13 of the Act and art. 20 of this order.
Service providers who offer certified activities must certify, for the renewal of their authorisation, certification has been extended.
Moreover, art. 14 is applicable to the procedure.

S. 16 notice of change any holder of an authorisation is required to communicate within 30 days to the competent cantonal authority the following changes: a. modification of the data referred to in annex 1; b. failure to extend certification; c. amendment in relation to the professional civil liability referred to in art. 13 of the Act and art. 20 of this order.

Must also be communicated voluntarily waiving the authority due to the cessation of the business or profession.

S. 17 the FOSPO permissions register publishes on the Internet a register of authorities referred to the art. 4 to 9.
Register contains the following information: a. name and first name or business name of the holder of the authorization; b. address; c. type authorization; d. date of expiry of the approval; e. website of the holder of the authorization for as far as the latter has indicated voluntarily.

Data are recorded in the register by the competent cantonal authorities.
The FOSPO and the competent cantonal authorities can process the data.
The data can be used only for the purpose provided for in art. 12 of the Act.

S. 18 measures for breaches of the requirements the cantonal authority for issuing the authorization shall take necessary measures if it finds that the requirements of the law or of this order are not met, including when: a. the conditions for granting of the authorisation are no longer fulfilled; b. the holder of the authorisation has more professional liability insurance; c. the obligation to inform is not respected.

If it appears that the breach will be corrected, the authority shall lay down an appropriate period for its correction. It may be extended if circumstances warrant.
If it appears that the breach is not corrected and the continuation of the activity becomes untenable, the authority prohibited to organize the activity and shall withdraw the authorization.
Any enforcement authority cantonal who finds a violation of the requirements of the Act and this order is inform the cantonal authority issuing the licences.

S. 19 fees the following fees are charged: a. for the granting of an authorisation: maximum 100 francs; b. for the renewal of an authorisation: 50 francs; c. for the withdrawal of an authorisation: 200 francs.

If examination of documents or withdrawal of an authorization causes an exceptional workload, a fee of 100 francs per hour is levied. Any started hour is worth a whole half hour.
Disbursements, including the fees and emoluments of the Mar for the recognition of foreign certificates and diplomas are charged separately, in addition to the amount of the fees.
Moreover, the General order of 8 September 2004 on the emoluments shall apply.

RS 172.041.1 Chapter 3 Obligations to ensure and inform art. 20 obligation to ensure the minimum amount of insurance coverage for insurance professional liability within the meaning of art. 13 of the Act amounted to five million francs per year.
The following security rights are treated as a professional liability insurance: a. deposit or declaration of guarantee of an amount of five million francs from a bank; b. blocked account with a bank that is credited with an amount of five million francs.


The insurance undertaking or the Bank must be approved by the competent supervisory authority.

S. 21 obligation to inform anyone who holds an authorization under the Act is required to inform its customers about its coverage of insurance or security interests that includes it: a. in contracts and general conditions; b. in the confirmation of reservation and tickets; c. on Internet.

Chapter 4 cantonal inventory of Art. variants 22. the cantons may identify excursions and raids of their region in an inventory specifying, for each hiking and each descent, the necessary training.

Chapter 5 applicability of the criminal provisions of the Act s. 23. the art. 15 of the Act is also applicable to aspiring guides, teachers of climbing and hiking guides.

Erratum of June 9, 2015 (RO 2015 1691) Chapter 6 provisions finals s. 24applicabilite of the transitional provisions of the Act art. 19, al. 1 and 2, of the Act applies by analogy to aspiring guides, teachers of climbing and hiking guides.

Erratum of June 9, 2015 (RO 2015 1691) art. 25 transitional provisions the claimants referred to in art. 9 which don't have a certification of the Foundation "Safety in adventures" on the entry into force of the Act are required to file an application for authorization to the competent cantonal authority by March 31, 2014. They receive the authorization provided to present a certification within a period of one year.
DDPS means the competent certification services as long as no certification body is accredited.

S. 26 entry into force this order comes into force on January 1, 2014.

Annex 1 (art. 14, para. 2) data and documents necessary for the authorisation procedure 1. Data and documents concerning natural persons the application shall contain the following information: a. name, surname (s); b. date of birth; c. place of origin; for foreigners: place of birth; d. address of domicile and address for notification.

The following documents must be attached to the application: a. a copy of the certificate of establishment, authorization of stay or a travel document current, where appropriate accompanied by a visa; b. If the person is registered in the trade register: recent extract from the trade register (less than two months); for persons with their domicile abroad: certificate of registration for the equivalent foreign register; c. for mountain guides, teachers of climbing, snow sports teachers and accompanists for hiking: copy of the patent or a certificate of training recognised as equivalent; d. for aspiring guides: copy of the certificate of the aspirants of the ASGM course, a course of aspirants of the IFMGA or a recognized foreign aspirants course as equivalent by the FOSPO; e. for mountain guides and the guides aspirants seeking permission to carry out activities of canyoning in the meaning of art. 3, al. 1, let. i: a copy of the certificate of further training and the ASGM the IFMGA who is recognized.

2 data and documents concerning legal persons and unincorporated businesses the application shall contain the following information: a. name; b. seat main and any branches in Switzerland seats; c. address for notification; d. responsible person.

The following documents must be attached to the request: a. for legal persons having their seat in Switzerland: recent extract from the trade register (less than two months); b. for legal entities having their seat abroad: certificate of registration for the equivalent foreign register; c. valid certification within the meaning of art. 10. update according to chapter I of the August 13, 2014 (RO 2014 2767) O and an erratum June 9, 2015 (RO 2015 1691).

State on October 1, 2014, annex 2 (art. 3, al. 1, let a to e, 6, Al 1, let a, 7, Al 1 let. a, and 8, Al 1 let. a) degrees of difficulty for hiking in the high mountains, skis and snowshoes as well as off-piste descents degrees of difficulty defined in the following scales apply to this order. The scales can be consulted free of charge on the website of the FOSPO.
1 scale of Swiss Alpine Club (SAC) for the high mountains, September 5 20122. Scale of the case for the listing of hikes, from 5 September 20123. Scale of the case for ski races, September 20124. Scale of the case for the listing of snowshoe races, September 2012 State October 1, 2014 annex 3 (art. 3, Al 1, let j and k) degrees of difficulty relating to whitewater whitewater I: easy visibility free water course regular, regular waves, small whirlpool bed of stream water easy obstacles whitewater II: moderately difficult visibility free passage water irregular course , irregular waves, average hot tub, small rolls, swirls and Rapids bed of stream simple obstacles in the current, small falls whitewater III: difficult visibility visible passages vague water high and irregular, large whirlpool, rollers, whirlpools and rapids the river bed a few blocks of rock, falls, other obstacles in the current whitewater IV: very difficult visibility difficult passages to distinguish; recognition most often needed continuous waves big water; rollers, eddies and powerful Rapids the river bed rocks blocking current, falls higher with reminders waters bright V visibility recognition essential water whirlpool extreme; rolls, swirls and extreme fast bed of stream water narrow passages, high falls with entry and exit difficult whitewater VI: airworthiness limitation generally impassable, sometimes navigable grade water State October 1, 2014 annex 4 (art. 4, Al 2, let. a, 6, para. 3, and 7, al. 2, let. a) patent issued under the former law 1. Mountain guides 1. Patent Grisons mountain guide, obtained prior to November 26, 2000; 2. Bernese mountain guide, obtained patent before January 1, 2001.

2 climbing monitors title of "climbing ASGM monitor", prior to December 31, 2011.

3 teachers of snow sports 1. Grisons patent of ski instructor, obtained prior to November 26, 2000; 2. Grisons patent of snowboard teacher, obtained prior to November 26, 2000; 3. Patent Grisons ski teacher, prior to November 26, 2000; 4. Patent Bernese Professor of ski, obtained before July 1, 1999; 5. Diploma Valais ski teacher, obtained before 31 December 2003.

Updated according to chapter I of O of August 13, 2014, in effect since Oct. 1. 2014 (2014 2767 RO).

State on October 1, 2014

Related Laws