Rs 742.141.2 Order Of November 4, 2009, On The Critical Activities For Safety In The Railway Sector (Oase)

Original Language Title: RS 742.141.2 Ordonnance du 4 novembre 2009 sur les activités déterminantes pour la sécurité dans le domaine ferroviaire (OASF)

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.
742.141.2 order on critical activities for safety in the railway sector (OASE) of November 4, 2009 (status on 1 July 2013) the federal Council Swiss, view the art. 16, al. 5, 17, al. 2, 80, 85, 86a, let. e, and 97 of the Federal Act of 20 December 1957 on the railways (LCdF), stop: Chapter 1 provisions general article 1subject this order regulates the requirements to be met by the staff responsible for critical activities for railway safety in railway companies and other companies.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 2definitions in this order, means: a. motor vehicle: railway vehicle with direct or indirect control and propulsion directly or indirectly;

b. driver of motor vehicle: person who drives a motor vehicle directly or indirectly;

v. locomotive driver: driver of motor vehicle driving a motor vehicle directly;

d. indirect driving: driving of trains and movements of manoeuvre by a driver of motor vehicle subject to instructions to the driver of locomotive at the controls;

e.: accompaniment of a locomotive driver who is not sufficiently qualified for this task.

f. head-movement: person who secures and regulates the movement of trains and the movements of manoeuvre operations.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. Critical 3activites for security are considered decisive activities for security: a. conduct direct or indirect vehicle engines; b. securing and regulating operational traffic of trains and the movements of manoeuvre; v. the preparation and follow-up operational traffic of trains and the movements of manoeuvre; d. accompanying trains for reasons of operating safety; e. securing a construction on roads and on the edge of the tract.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 4 exceptions to the requirements the federal Office of transport (fot) may, in exceptional cases, order derogations to the requirements of this order and its implementing provisions in order to prevent dangers to persons, things, or important rights.
It may, in particular cases, authorise derogations where the applicant proves: a. that the same level of security is guaranteed, oub. that no unacceptable risk is and that all proportionate measures to reduce the risk have been taken.

In special cases, it may exempt from railway undertakings operating conditions very simple from the obligation to apply this order and its implementing provisions.

Introduced by chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

Chapter 2 Conditions for critical activities for Security Section 1 provisions common articles 4aacces training with review the OFT peut, in justified cases, require an undertaking, compensation appropriate, to train and to consider employees of another company for a crucial activity for security.

Introduced by chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 5 review anyone wishing to exercise a crucial activity for security must attest, in a review of capacity, not only his knowledge of the requirements of train movement laid down by the OFT under art. 17, al. 3, LCdF and requirements of exploitation, but also the safe exercise of the activity in the field concerned.
The railway undertaking establishes proof of qualification of the person concerned when it has passed the examination.
The examination may be limited to a field of activity or a focal area. The railway company then indicated in the certificate.
If in doubt about the suitability of a person, it must take a new exam.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 6 jurisdiction the federal Department of the environment, transport, energy and communications (DETEC) can: a. establish, in different areas, the qualification requirements of critical activities for security staff; b. set age limits; c. define the conditions medical and psychological; d. enact regulations on the frequency and content of the review.

Section 2 Admission to driving motor vehicles art. 7 principles anyone driving a motor vehicle must: a. have reached the required age; b. complete medical and psychological conditions; c. satisfy the professional; d. guarantee, by the conduct previously, compliance with the requirements.

The qualification for this activity must be certified by a driver's licence from the OFT and proof of the railway undertaking.
Anyone driving a motor vehicle without being qualified, knows only partially or not at all the requirements applicable to the service or knows not the sections and stations must be accompanied by a qualified motor vehicle operator control.
When the cab is not designed for driving by one person, a qualified person ensures more indirect driving or piloting of the motor vehicle.
When automatic driving of trains, it is possible, subject to the consent of the OFT, to abandon the operation of the motor vehicle.


New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
Repealed by chapter I to the O's May 29, 2013, with effect from 1 July. 2013 (2013 1687 RO).

S. 8 student driver permit anyone who wishes to perform the motor vehicle driver training must be licensed as a learner driver of the corresponding category.
The company establishes the learner driver permit and keeps it up-to-date.
The OFT decides to the approval of the student driver permit and shall communicate its decision within 30 days to the company.
It may refuse to approve the permit of learner driver if there is reason to fear that the candidate endanger public order and security during the exercise of the activity in question, including: a. If it is prohibited; OUB. If he has been convicted for a crime or offence to deprivation of liberty or repeatedly breach.

DETEC sets the duration of validity of the learner driver licence, the rights it confers, mentions that it must contain and the extension procedure.

S. 9 licences and certificate within seven working days following successful completion of the review, the company asked the OFT to establish the licence.
The OFT shall issue the licence to the operator of motor vehicle.
DETEC may provide for exceptions regarding the establishment of licences.
It adjusts the duration of validity of the licence and the certificate, the rights they confer, mentions that they must contain and extension, renewal and replacement procedures.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 10 permits and foreign certificates the OFT can recognize permits and foreign certificates for the driving of motor vehicles if the competent foreign authority has provided these documents to an ad hoc reference.
It can conclude a convention on this matter with the competent foreign authority.

S. 11 service person who wishes to drive a vehicle as part of a service must: a. have been formed on the type of vehicle and master it; b. have the language sufficient knowledge to travel on the section in question; c. having taken knowledge of the requirements and the segment-specific recommendations; d. be informed of changes and temporary additions to the requirements of train movement laid down by the OFT under art. 17, al. 3, LCdF, the operational requirements and the relevant sections; e. wear with self driving permits and certifications.

Chapter 3 inability to exercise decisive activities for security section 12 communication capacity reduced if a person exercising a decisive activity for security considers that its ability to perform that activity are reduced so that it can no longer guarantee the safety, announces it to his superior and waives any decisive activity for security.
It communicates immediately and consistent to the truth the medical officer any change in the medical developments and submit medical certificates y related.
If his incapacity for work due to illness or an accident lasts more than 30 days, it is required to advertise its consulting physician so that it evaluates medical fitness.

Companies shall immediately inform the consultant psychologist of any essential change in the psychological fitness of a person exercising a decisive activity for security.

S. 13 assessment of the medical consultant reviews the medical fitness of a person within the meaning of art. 12 and communicates the final evaluation of the ability to the person and to the company.
Council psychologist examines the psychological fitness of a person within the meaning of art. 12 and communicates the final evaluation of the ability to the person and to the company.
If the ability medical or psychological driver of motor vehicle shall be deemed to be reduced, the OFT must be informed immediately in writing. It is also informed orally it is no longer possible for the person to assume the responsibility of the service with immediate effect.
If in doubt based on a person's aptitude, the OFT may at any time order a full or partial capacity review.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).
New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 14 inability to provide the service due to alcohol or other substances the inability to provide the service due to alcohol (drunk State) is considered to be proven when a person carrying crucial for security: a. has a BAC of 0.10 per thousand or more, or (b). a in body a quantity of alcohol which leads to a BAC of 0.10 per thousand or more.

A blood alcohol level of 0.50 per thousand or more is considered qualified.
The inability to provide the service due to narcotics is considered to be proven when one of the following substances is detected in the blood of a person exercising a decisive activity for security: a. tetrahydrocannabinol (cannabis); b. free morphine (heroin/morphine); c. cocaine; d. amphetamine; e. methamphetamine; f. MDEA (methylenedioxyethylamphetamine); g. MDMA (methylenedioxymethylamphetamine).

The OFT issues a directive on the detection of these substances.
For people who can prove that they consume one or more substances listed in the al. 3 on medical prescription, the inability to provide the service is not considered to be proven by the only detection of these substances.
The employees of a company do not have the right to let a person unfit to ensure the service activity crucial for security.

S. 15Interdiction to exercise a decisive safety activity when a person exercises a decisive activity for security which requires no driver's licence, the company shall forbid him to exercise the activity in question if it is unfit for service due to illness of a physical or mental disability, of alcoholism, another dependency or for other reasons.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

Chapter 4 control of the ability to exercise a crucial activity for security section 16 competent services as defined in art. 84 LCdF are competent to control the fitness for service.
The persons referred to in art. 84, let. LCdF must: a. be part of the direction of the staff of the locomotives, flexibility, train, service the bearing or the building Department; OUB. be reviewers.

They must fulfil the following conditions: a. they must have been trained for this activity; b. to one or more persons must be reachable during operating hours; c. must be part of the same train as the person to control company or a rail infrastructure company; d. should not be grounds to challenge within the meaning of art. 10 of the Federal Act of 20 December 1968 on administrative procedure.

The persons referred to in art. 84, let. a and d, LCdF must attest to skills that are assigned to them.

RS 172.021 s. 17 preliminary tests of preliminary test devices providing information about alcohol can be used to determine if there was alcohol.
When there is evidence certifying that the controlled person is unable to provide service due to another substance than alcohol and that it exercised a crucial activity for security in this State, a preliminary test can be performed to detect the presence of narcotics or drugs, particularly in the urine, saliva or sweat.
Preliminary tests must be carried out in accordance with the requirements of the manufacturer of the device.
It is necessary to renounce other investigative measures when the preliminary test result is negative and that the controlled person shows no signs of inability to provide the service.
If the result of the preliminary test revealed the presence of alcohol or renunciation has been made to use a preliminary test unit, rather than a control using a breathalyzer there.

S. 18 control by means of the control using the alcohol breathalyzer can occur: a. the earlier 20 minutes after the last consumption of alcohol; OUB. After the controlled person is rinsed mouth, in accordance with the possible indications of the manufacturer of the device.

Instruments used to control the rate of alcohol through the breathalyzer are governed by the order of 28 March 2007 on the control of Road Traffic Ordinance of 15 February 2006 on measuring instruments and the requirements for the implementation of the Department fédéral de justice et police relating to these orders.
The OFT regulates the handling of instruments used to control the rate of alcohol through the alcohol.
There are instead of making two measures. If they diverge more from 0.10 per thousand, should proceed with two new measures. If the difference exceeds new 0.10 per thousand and if there is evidence of alcohol consumption, there are instead of ordering a blood test.
The inability to provide the service shall be deemed established if the bottom line of the two measures is a BAC of 0.10 per thousand or more but less than 0.50 per thousand, and if the person concerned acknowledges this value by its signature.

RS 741.013 RS 941.210 new content according to chapter I of the O's May 11, 2011, in force since 1 Jan. 2012 (2011 2357 RO).
New content according to chapter I of the O's May 11, 2011, in force since 1 Jan. 2012 (2011 2357 RO).

S. Urine and blood analysis 19 it is appropriate to order a blood test: a. If the bottom line of the two measures by means of the breathalyzer is: 1. to an alcohol level of 0.50 per thousand or more, 2. to a BAC of 0.10 per thousand or more but less than 0.50 per thousand, and if the person concerned does not recognize the outcome of the measures;

b. If there are indices accrediting that the controlled person is unable to provide service due to another substance than alcohol and if it has been in service in that State; c. If it is not possible to carry out a preliminary test or control through the alcohol and there is evidence certifying the inability to provide the service.

In addition, it is possible to order to collect urine if there is evidence certifying that the person concerned is unable to provide service due to another substance than alcohol and whether she has exercised a crucial activity for security in this State.

S. Including 20 obligations of the competent authorities the competent service shall inform the person concerned: a. blood is ordered in the event of refusal to submit to a preliminary test or control through the alcohol (art. 82, Al 3, LCdF); b. that acceptance of the result of the control using the alcohol causes the opening of administrative proceedings and criminal proceedings.

If the person concerned refuses to undergo a preliminary examination, to a control using the breathalyzer, blood test, a urine sample or a medical examination, she should be informed of the consequences of his refusal (art. 87A, para. 1, LCdF).
The conduct of the control using the device, the urine sample, the findings of the competent authorities, the recognition of the result of said controls as well as the mandate to proceed with taking blood and urine sampling, or the confirmation of the mandate, must be recorded in minutes. The OFT sets in a directive the minimum requirements for the content and the form of these minutes.

S. 21 blood and urine sample blood must be performed by a physician or a qualified assistant designated by the physician and acting under the responsibility of the. The urine sample is done under the appropriate Visual control of a qualified person.
Container containing blood or urine must be equipped with registration avoiding confusion, placed in packaging suitable for transport, at low temperature and sent for analysis by the quickest in a laboratory recognized by the OFT.
On proposal of the cantons, the OFT recognises equipped laboratories of the facilities required for the forensic analysis of blood and urine and guaranteeing the quality of examinations. It oversees or supervising the activity of these laboratories.

S. 22 medical examination


When blood was orderly, the physician authorized for this purpose examines if the person present medically ascertainable evidence revealing an inability to provide the service due to consumption of alcohol, drugs or medication. The OFT sets in a directive the minimum requirements for the content and the form of the corresponding minutes.
The competent service can free the doctor from the requirement to conduct a review if the person concerned has, in its behavior, no clue revealing a cause of inability to ensure the service other than alcohol.

S. 23 expert opinion the results of blood and urine analysis are subject to assessment by experts as to their influence on the ability to provide the service, to the attention of the authorities of criminal prosecution and the competent authority for the removal of the permit: a. If it is proved that the blood contains a substance reducing the ability to provide the service other than alcohol or substance referred to in art. 14, al. 3; b. If a person has consumed prescription a substance referred to in art. 14, al. 3, but if there is evidence certifying the inability to provide the service.

The expert takes into account the findings of the competent authority, the results of the medical examination and for examining chemical and toxicological, and motivates the conclusions that he draws from.
On proposal of the laboratories, the OFT recognizes the quality of expert persons: a. which attest to training of forensic toxicologist, or an equivalent training in Switzerland or abroad; ETB. which attest to theoretical and practical knowledge complete in the interpretation of the results of the chemical analyses with respect to their influence on the ability to provide the service.

S. 24. Another finding of inability to provide the service it is also possible to rely on the State and behaviour of the suspected person or on evidence about the amount consumed to see drunkenness or the influence of one substance other than alcohol reducing the ability to provide the service, such as when the control using the alcohol, narcotics or drugs preliminary test or blood could not be made. The more stringent provisions of the cantonal code of procedure are reserved.

S. 25 procedure the OFT set in directives other requirements concerning the procedure for recognition of the inability to provide the service due to alcohol, drugs or medication.

Chapter 5 measures of the competent service s. 26 prohibition on defining the competent security activity prevents a decisive for the security activity when the person responsible for the activity in question: a. is not hold the required licence or the attestation required or its activity despite the refusal or withdrawal of the permit or certificate; b. exercises, in a State excluding a secure service , an activity for which a licence or a certificate is not necessary; c. presents, when tested using a breathalyzer, a BAC of 0.10 per thousand or more; d. observed not a charge on the Visual acuity; e. observed not a restriction in the licence or certificate or does not satisfy the conditions laid down in art. 8. It also prevents a decisive for the security activity where a serious breach of the requirements on the duration of work and rest in the art. 4 to 11 of the Act of October 8, 1971, on the duration of the work is recorded.

RS 822.21 s. 27 confiscation of the licence to learner driver licence or certificate the competent Department confiscates student driver permit or licence and certification (admission documents) immediately when a person, in the exercise of its activity: a. appears to be visibly intoxicated or, when the control using a breathalyzer, presents a blood alcohol level of 0.50 per thousand or more; b. appears clearly in the inability to provide the service for other reasons; c. makes a race of learning without be accompanied by the required person.

Documents for admission can be confiscated when a person, in the exercise of his activity, causes an accident causing the death of a person or bodily injury because it seriously violates the movement of trains or operating requirements.

S. 28 procedure applicable to confirm in writing the confiscation of documents for admission and the ban back on the road, indicating the legal consequences of these measures.
Learner-driver permits and licences must be given to the OFT, and the certificate to the railway undertaking, within the five days following their confiscation. There are instead of attaching the minutes or report.
If the reasons which led to the confiscation of documents for admission or prohibition on a crucial activity for security become without object, the confiscated documents are rendered immediately, and the prohibition of the activity in question thrown.

S. 29 communication from the competent authority if the competent service or a company has clues that sending a person subject to the requirement to hold a permit could be unfit for service for medical, psychological or other reasons, they shall forthwith inform the OFT and the undertaking concerned.
The OFT sets in a directive the infringements committed by a person subject to the obligation to have a licence which it is necessary to inform for the control of the medical and psychological fitness or professional capacity.
If a control referred to the art. 16 to 25 certifies an inability to provide the service, the results are to be transmitted to the local authority of criminal prosecution, the OFT, the railway undertaking, the medical consultant and psychologist-Council.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

Chapter 6 Communications between the Switzerland and the Member States of the Union European art. 30 the Switzerland to the Member States of the European Union if a person responsible for a crucial activity for security and used by a railway company of a EU Member country puts at risk, seriously or repeatedly, the safety of rail traffic, the OFT announced these offences to the competent authority of the country in which the railway undertaking has its headquarters.
Licences and certificates confiscated immediately are transmitted to the competent authority.

S. 31 communications of the Member States of the European Union the OFT receives communications from the Member States of the European Union concerning offences committed by persons responsible for critical activities for security and used by railway undertakings established in Switzerland or allowed to work there.

Chapter 7 measures administrative s. 32 withdrawal of admission documents it is necessary to withdraw the admission documents when it is found that legal conditions for their granting are not or no longer fulfilled; they can be removed if the restrictions or burdens imposed in individual cases when granting are not met.
The OFT is responsible for the withdrawal of the driving licence, the railway undertaking for the withdrawal of the permit and learner driver attestation.

S. 33 withdrawal of the licence to learner driver or the licence for cause of incapacity learner driver licence or licence was withdrawn for an indefinite person: a. whose physical and psychic ability allows him to not or no longer determinative for security activity; b. suffering from a dependency which excludes the ability to exercise a decisive security activity; c. including the previous behavior does not guarantee that it will meet the requirements during a crucial activity for security.

S. 34 scope of withdrawal the withdrawal of the student driver or driving permit is equivalent to prohibition on activities that require a certificate.
The withdrawal of the licence to learner driver or driving licences for medical, psychological or professional reasons may be limited to a certain area or a certain area of intervention.

S. 35 return of documents for admission admission documents removed for an indefinite period may be returned for conditions or charges if any ban period has expired and the person concerned certifies have remedied the defect to the origin of the exclusion ability.
If the person concerned does not charge or if she abuses another way to the confidence placed in it, the rendered document is removed once again.

S. 36Retrait of driving licences as a preventive measure the OFT can confiscate driving licences immediately as a preventive measure until the clarification of the reasons for the withdrawal.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 37 communication if the OFT decides to withdraw a student driver licence or a licence for an indefinite period, it shall communicate to the person concerned, upon the notification of the decision, the conditions for the return of the document in question.

S. Voluntary 38Restitution of the licence to learner driver or driving permit the voluntary return of the permit learner driver from the railway undertaking or the licence to the OFT is equivalent to a withdrawal.

The refund must be confirmed in writing.

New content according to chapter I of O's May 29, 2013, in force since 1 Jul. 2013 (2013 1687 RO).

S. 39 forfeiture of foreign driver's license it is possible to withdraw foreign driving licence recognised in Switzerland under art. 10 according to the same provisions as for a Swiss driving licence withdrawal. In addition, there are place to pronounce their disqualification for an indefinite period if they have been obtained abroad in violation of rules of jurisdiction Swiss or foreign. It is necessary to inform the foreign competent authority for the revocation of a foreign driving licence.

Chapter 8 provisions criminal art. 40. anyone who intentionally is a crucial activity for safety in the railway field well documents for admission him have been refused or withdrawn or is ever pronounced their forfeiture shall be punished by deprivation of liberty up to three years or a fine.
Shall be punished by a fine who, intentionally: a. when a crucial activity for safety in the railway field, violated repeatedly or seriously the requirements of train traffic issued by the OFT under art. 17, al. 3, LCdF or the requirements of foreign movement of trains that the OFT has declared applicable on the sections located in Switzerland; b. operates a decisive for security without obtaining the required admission documents; c. leaves activity crucial for security by a person whom he knows or can know by paying the required attention that it lacks the necessary admission documents; d. fails not restrictions or charges related to the admission documents; e. refuses to submit, on request of the supervisory authorities, the admission documents, electronic data carriers or other documents required for control, or prevents the activity control in another way.

Whoever acts negligently shall be liable to a penalty which may go up to 180 days-fine for an offence referred to in the al. 1, and a fine up to 5000 francs for an offence referred to in the al. 2. the employer or superior hierarchical who ordered or which prevents not according to an act punishable under the LCdF or this order, committed by a person responsible for a critical security activity, is subject to the same threat of sanction that the person who committed the Act.

Chapter 9 seizure of data art. 41. the OFT database maintains a database on: a. driving licences and certificates of drivers of motor vehicles; b. examiners v. OFT experts; d. the doctors Council; e. the psychologists Board.

It means the services authorized to process the data.
It uses the recorded data for the tasks set out in this order.
It secures access to the database by individual user profiles and passwords.

S. 42 content of the data bank the sequence of data on driving permits and certificates contains: a. the title, name, first name, date of birth, address, telephone number, citizenship, registration number and a photograph of the person; b. indications on the proficiency of the person; c. the final medical and psychological suitability and its restrictions assessments; d. the date on which reviews of capacity and periodic inspections were successful; e. directions on the skills listed in certificates; f. information on administrative measures and the important circumstances giving rise; g. directions on specialization.

The sequence of data on the persons listed in art. 41, al. 1, let. (b) to (e), contains: a. their name, their name, their address and telephone number; b. the date of their appointment.

Chapter 10 provisions finals s. 43 running the OFT enacts guidelines: a. the medical requirements for a crucial activity for security; b. execution of medical examinations by doctors-Council v. the psychological conditions to fill in the field of transport to exercise a crucial activity for security; d. the implementation of psychological examinations by psychologists-Council; e. content of the theoretical and practical exams; f. personal conditions training and exams applicable to foreign drivers of motor vehicles.

S. 44 entry into force this order comes into force January 1, 2010.

RO 2009 5997 RS 742.101 State on July 1, 2013

Related Laws