Rs 822.111.52 Order From Eaer Of 20 March 2001 On Dangerous Or Strenuous Activities In Case Of Pregnancy And Maternity (Maternity Protection Ordinance)

Original Language Title: RS 822.111.52 Ordonnance du DEFR du 20 mars 2001 sur les activités dangereuses ou pénibles en cas de grossesse et de maternité (Ordonnance sur la protection de la maternité)

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822.111.52 order of the EAER on activities dangerous or difficult pregnancy and maternity (maternity protection Ordinance) of March 20, 2001 (status on 1 July 2015) the federal Department of the economy, training and research (Davis), view the art. 62, al. 4, order 1 of 10 May 2000 on the law on labour (OLT 1), stop: Chapter 1 provisions General Section 1 purpose art. 1. this order defines the criteria for assessment of dangerous and strenuous activities (risk analysis) within the meaning of art. 62, al. 3, OLT 1 and describes the substances, microorganisms and activities with the potential for high risk to the health of the mother and child (grounds of inadmissibility) according to art. 62, al. 4, OLT 1.
It refers to: a. the specialists under the terms of art. 63, al. 1, OLT 1, to appeal to assess the risks to the mother and the child or to establish the grounds of inadmissibility (prohibitions of assignment); b. the persons to monitor the effectiveness of the protection measures taken in accordance with art. 62, al. 1, OLT 1.

Section 2 control measures of protection art. 2Principe in the control of the effectiveness of the protection measures taken in accordance with art. 62, al. 2, OLT 1, assessment of the State of health of the pregnant woman or nursing mother is the responsibility of the attending physician follows the worker during her pregnancy and motherhood.
The doctor establishes the ability to work of the pregnant woman or nursing mother. It takes into account the following: a. the maintenance with the worker and the medical examination of the latter; (b) the results of the risk analysis carried out for the company by a specialist within the meaning of art. 17; c. any additional information collected in an interview with the author of risk analysis or the employer.

A pregnant woman or a nursing mother must not work in the business or the part of the company that is a hazard if the doctor finds on the basis of the interview with the woman concerned and his medical: a. that no risk analysis has been made or which has been carried out is not sufficient; (b) that a risk analysis has been carried out but that the necessary protection measures are not implemented or that they are not respected; c. that a risk analysis was conducted and that protective measures are taken, but these are not effective enough, oud. that there is evidence of a risk to the woman or her child.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).

Art. 3 medical certificate the doctor who examined the worker says in a medical certificate if it can continue its activity to the post concerned without restriction, if she can keep it under certain conditions, or even if she should interrupt him.
The doctor who examined the worker communicates to the latter as well as the employer the results of the assessment referred to in para. 1 so that the employer can, if necessary, take the necessary measures in the business or the part of the company that may be dangerous.

Art. 4 support for fees the employer shall meet charges for the expenses referred to the art. 2 and 3.

Chapter 2 risk analysis and grounds of inadmissibility Section 1 evaluation criteria of danger art. 5presomption of danger when the criteria set out in art. 7 to 13 are filled, there is a presumption of danger to the mother and the child.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).

Art. 6ponderation of the criteria in the weighting of the criteria, it must also take into account the actual conditions of work such as the accumulation of several charges, duration of exposure, the frequency of the load or the risk and other factors that may have a positive or negative influence on risk potential to measure.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).

Art. 7 movement of heavy load is deemed dangerous or painful for pregnant women, during the first six months of pregnancy, the regular movement of loads of more than 5 kg or the occasional loads of more than 10 kg of trip; is also deemed dangerous or painful exercise of the force required to operate, in any direction, the mechanical objects as levers or cranks when it corresponds to elevation or higher load port to respectively 5 or 10 kg.
From 7 months of pregnancy, pregnant women should more move heavy loads referred to in para. 1. new content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).

Art. 8 work exposing cold, heat or humidity are deemed dangerous or difficult for pregnant women work inside by ambient temperatures below-5 ° C or above + 28 ° C as well as those performed regularly in high humidity. By temperatures below 15 ° C, the employer must provide hot drinks. The work by located temperatures between + 10 ° C and - 5 ° C are permitted on condition that the employer available to the worker a conduct adapted to the thermal situation and activity. Room temperature assessment must also take into account factors such as the humidity of the air, the air speed and exposure time.

Art. 9 tasks requiring movements and postures leading to early fatigue are deemed dangerous or arduous tasks performed during pregnancy and up to the 16 weeks after childbirth, that necessary movements and the awkward postures repeatedly as does stretch or bend significantly, to stay crouched or leaned forward, as well as imposing a stationary without the possibility of movement or activities involving the impact of shocks jolts or vibrations.

Art. 10Micro-agencies in the event of exposure to microorganisms from groups 2 to 4 in the sense of annex 2.1 of the order of 25 August 1999 on the protection of workers against the risks associated with the microorganisms (OPTM), to assess, in the context of a risk analysis, the dangers to the health of the mother and the child are activities that the mother is called to perform given its immune status and the protection measures taken. Please make sure that an exhibition of this type cause no damage to the mother or the child.
It is prohibited to assign a pregnant woman or a nursing mother to work with microorganisms of Group 2 deemed harmful to the embryo or fetus as the virus of rubella or toxoplasmosis; are excepted the case in which there is evidence that the worker is sufficiently immune. Assign a pregnant woman or a nursing mother to work with other microorganisms of Group 2 is allowed only if risk analysis allows to exclude any danger to the health of the mother and the child.
It is prohibited to assign a pregnant woman or a nursing mother to work with microorganisms of groups 3 and 4; are excepted the case in which there is evidence that the worker is sufficiently immune.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).
SR 832.321 art. 11activites exposing pregnant women to the noise should not be assigned to positions where the sound pressure level is higher or equal to 85 dB (A) (LEX, 8 h). Infrasound and ultrasound exposures must be assessed separately.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).

Art. 12 activities exhibitor to the effects of ionizing and non ionizing radiation in the case of pregnant women exposed to radiation in the exercise of their profession, the equivalent dose to the surface of the abdomen should not exceed 2 mSv and the effective dose resulting from incorporation 1 mSv from the moment where the pregnancy is known to completion (art. 36 al. 2, the o of 22 June 1994 on radiation protection).
Lactating women should not perform work with radioactive substances that pose a risk of incorporation or contamination (art. 36, para. 3, o of 22 June 1994 on radiation protection).
From the moment the pregnancy is known and until its term, we must ensure that no ionizing radiation exposure does no damage to the mother or the child. The limit values given in annex 1 must be respected in all cases.

New content according to chapter I of O of the Davis on June 23, 2015, in effect since July 1. 2015 (2015 2299 RO).
RS 814.501 introduced by section I of O of the June 23, 2015 EAER, in effect since July 1. 2015 (2015 2299 RO).

Art. 13activites exposed to the effects of hazardous chemicals must be guaranteed that the exposure to hazardous substances is not detrimental to the mother or the child. Values exposure limits set out in the list of the Swiss national health insurance in case of accidents (NAC) and applicable in Switzerland, in particular, should be respected.

Are considered to be particularly dangerous for the mother and the child: a. the work involving substances and preparations dangerous for health that are classified using at least one of following (H phrases) hazard statements according to the Regulation (EC) n 1272/2008, in its version mentioned in the order of 5 June 2015 on chemicals, as well as work with objects of which such substances or preparations are intended to be released under normal conditions or reasonably foreseeable use: 1 mutagenicity in germ cells: grade 1 A, 1 B and 2 (h340′s, H341), 2. carcinogenicity: grade 1 A, 1 B and 2 (H350, H350i, H351), 3. toxicity to reproduction: category 1 A, 1 B, 2 or additional category for effects on or via breastfeeding (H360, H360D, H360FD, H360Fd, H360Df, H361, H361d, H361fd, H362), 4. specific toxicity for certain organs target following single exposure: category 1 or 2 (H370, H371);

(b) Mercury and its derivatives c. mitosis inhibitors; d. carbon monoxide.

Are also considered as particularly dangerous for the mother and the child work with substances and preparations classified not using the H sentences set out in para. 2, let. a, but using the risk phrases (R-phrases) appearing in the order of 18 May 2005 on chemicals. Correspondences between phrases H and R-phrases are indicated in annex 2.
With regard to para. 2, let. a, the transitional provisions provided for in annex 2, section 4 of the order of 5 June 2015 on chemicals are applicable.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).
New content according to chapter I of O of the Davis on June 23, 2015, in effect since July 1. 2015 (2015 2299 RO).
Regulation (EC) n 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing directives 67/548/EEC and 1999/45/EC and amending regulations (EC) n 1907/2006.
SR 813.11 RO 2005 2721, 2007 821, 2009 401 805, 2010 5223, 2011 5227, 6103 2012, 2013 201 3041, 2014 2073 3857 introduced by chapter I of the O of the Davis on June 23, 2015, in effect since July 1. 2015 (2015 2299 RO).
Introduced by section I of O of the June 23, 2015 EAER, in effect since July 1. 2015 (2015 2299 RO).

Section 2its of organization of very restrictive working time art. 14. during any pregnancy and during breastfeeding, women should not perform work night or work in teams when it comes to tasks directly related to dangerous or strenuous activities in the sense of the art. 7 to 13 or organized under a system of working in teams particularly harmful to health. Are considered such work systems in consecutive teams that needed a regular rotation in the opposite direction (evening-night-morning) or more than three nights of work.

Section 3Motifs to ban art. 15 working room and quick work to the task or quick time is not allowed if the pace of work is dictated by a machine or a technical installation and cannot be resolved by the worker itself.

Art. 16Interdictions of assignment special pregnant women must not be assigned to work involving a booster such as work room of compression or diving.
Pregnant women should not enter the premises to impoverished in oxygen atmosphere.
Before you assign a woman to work corresponding to the conditions referred to in paras. 1 and 2, the employer must inform him properly of the dangers of these activities during pregnancy. In doing so, he makes attentive to the fact that the dangers exist from the first day of pregnancy. If the woman expresses doubts about the State of pregnancy, these works are systematically prohibited.

New content according to section I of the O of the Sept. 17 EAER. 2008, in effect since Oct. 1. 2008 (RO 2008 4487).

Chapter 3 specialists and information art. 17 specialists specialists within the meaning of art. 63, al. 1, OLT 1 are the occupational physicians and hygienists to work within the meaning of the order of 25 November 1996 on the qualifications of specialists of safety in the workplace as well as other specialists as ergonomists who have acquired the knowledge and experience needed for the assessment of the risk in accordance with the art. 4 and 5 of the above-mentioned order.
We must guarantee that, for risk analysis, all to evaluate specific areas are covered.

SR 822.116 art. 18 information the employer shall ensure that those responsible for risk analysis have access to all the information needed for the assessment of the situation in the workplace, and the control of protection measures taken.
The employer shall also ensure that the physician referred to in art. 2 has access to all the information that are necessary to carry out the assessment of the occupation of a pregnant woman or a nursing mother.

Chapter 4 available final art. 19. this order comes into force on April 1, 2001.

Annex 1 (article 12, para. 3) limit values for exposure to work and pregnancy in non ionizing 1 radiation. Values limits for exposure to a field of a single frequency value limit for the effective value of sizes of fields: frequency electric field intensity E (V/m) magnetic field intensity H (A/m) flow density magnetic B (mT) duration of appreciation (minutes) static fields 0 Hz < 1 Hz - 32 000 40 000-* field of the bass frequencies 1-100 kHz 1-8 Hz 10 000 32 000 / f 40 000 / f-* 8-25 Hz 10 000 4000 / 5000 f / f-* 0, 025-0, 8 kHz

250 / f 4 / f 5 / f-* 0 8-3 kHz 250 / f 5-6.25-* 3-100 kHz 6,25 87 5-* high frequency > 100 kHz 100-150 kHz 6,25 87 5 domain 6-0, 15-1 MHz 87 0.73 / f 0.92 / f 6 1-10 MHz 87 / 0.73 / f 0.92 / f 6 10-400 MHz 28 0,073 0.092 6 400-2000 MHz 1.375 0.0037 0,0046 6 2 - 10 GHz 61 0.16 0.20 6 10-300 GHz 61 0.16 0.20 68 / f f : frequency expressed in the unit appearing in the first column of the table * the highest effective value is decisive. It must in no case be exceeded.

2 limit values for the case of simultaneous exposure to fields of different frequencies the calculation of the values limits for cases of simultaneous exposure to fields of different frequencies occurs on the basis of the information contained in the guide to the International Commission for the protection against non ionizing radiation on the establishment of limits of exposure to electric fields magnetic and electromagnetic (up to 300 GHz) (Guidelines for Limiting Exposure to Time-Varying Electric, Magnetic, and Electromagnetic Fields (up to 300 GHz)) (ICNIRP-Guidelines).

3 limit values for cases of exposure to pulsed fields or harmonic components calculate the values limits for cases of exposure to pulsed at low frequency fields or harmonic components (non sine complex waveforms) up to a frequency of 100 kHz is carried out on the basis of the declaration of the ICNIRP "Guidance on determining compliance of exposure to pulsed fields and complex nonsinusoidal waveforms below 100 kHz with ICNIRP Guidelines. For the fields to high frequency of 100 kHz to 300 GHz, calculations and evaluations of the guide of the ICNIRP are crucial.

Introduced by section II of the O of the June 23, 2015 EAER, in effect since July 1. 2015 (2015 2299 RO).
Guidelines for Limiting Exposure to Time-Varying Electric, Magnetic, and Electromagnetic Fields (up to 300 GHz). Health Physics 74 (4): pp. 494 522; here p. 513; 1998. this directive can be found in English under www.icnirp.de > Publications > EMF Guidance on Determining Ccompliance of Exposure to Pulsed Fields and Complex Nonsinusoidal Waveforms below 100 kHz with ICNIRP Guidelines. Health Physics 84 (3): p. 383 to 387. 2003. this statement can be found in English under www.icnirp.de > Publications > EMF State on 1 July 2015 annex 2 (art. 13, al 3) correspondences between phrases R Phrases: Phrases R Code (s) of classes and hazard categories Code (s) of hazard safety statements and phrases: Code (s) of specific risks Muta. 1 has oder 1 B h340′s Muta. Cat. 1 or 2 R46 Muta. 2 H341 Muta. Cat. 3 R68 TARC. 1 a or 1 B H350 TARC. Cat. 1 or 2 R45 TARC. 1 a or 1 B H350i TARC. Cat. 1 or 2 R49 TARC. 2 H351 TARC. Cat. R40 represents 3. 1 a or 1 B H360F represents. Cat. 1 or 2 R60 represents. 1 a or 1 B H360D represents. Cat. 1 or 2 R61 represents. 1 a or 1 B H360FD represent. Cat. 1 or 2 represents R60/61. 2 H361f represent. Cat. R62 represents 3. 2 H361d represent. Cat. R63 represents 3. 2 H361fd represent. Cat. R62-63 3, lacts.

H362 Muta. Cat. 1 or 2 R64 STOT SE 1 H370 T T T T + T + T + R39/23 R39/24 R39/25 R39/26 R39/27 R39/28 STOT SE 2 H371 Xn Xn Xn R68/20 21/R68 R68/22 set by section II of O of the Davis on June 23, 2015, in effect since July 1. 2015 (2015 2299 RO).

State on July 1, 2015