This Order governs the requirements to be met by personnel carrying out significant railway safety activities in railway undertakings and other undertakings.

In this order, the following means:

The following are considered to be key safety activities:

A.

Direct or indirect driving of motor vehicles;

B.

The securing and operational regulation of train movements and switching movements;

C.

Operational preparation and monitoring of train movements and switching movements;

D.

Accompanying trains on the grounds of safety of operation;

E.

Securing a site on the tracks and on the approaches to the tracks.

¹ The Federal Transport Office (OFT) may, in exceptional cases, order derogations from the provisions of this order and its implementing provisions in order to remove the dangers threatening individuals, things or rights Important.

² It may, in special cases, authorise derogations where the applicant proves:

A.

The same level of security remains guaranteed, or

B.

That there is no unacceptable risk and that all proportionate measures to reduce the risk have been taken.

³ It may, in special cases, exempt railway undertakings from the very simple conditions of operation of the obligation to apply this order and its implementing provisions. ¹

¹ If a person exercising a decisive security activity considers that his or her ability to engage in such activity is reduced in such a way that the person can no longer guarantee security, he shall announce it to his hierarchical superior and renounce all Critical safety activity.

² It shall communicate immediately and in a manner consistent with the truth to the Medical Officer any change in the medical facts concerning him and shall present the medical certificates thereto.

³ If her inability to work due to illness or accident lasts more than 30 days, she is required to report to her medical advisor to assess her medical fitness.

⁴ Companies shall immediately inform the psychologist-counsel of any essential change in the psychological fitness of a person who is engaged in a safety-determining activity.

¹ The Medical Officer examines a person's medical fitness within the meaning of s. 12 and communicates the final assessment of fitness to the individual and to the business. ²

² Psychologist-Counsel examines the psychological fitness of a person within the meaning of s. 12 and communicates the final assessment of fitness to the individual and to the business. ³

³ If the medical or psychological fitness of a driver of motor vehicles is considered to be reduced, the OFT shall be informed immediately in writing. It shall also be informed orally if it is no longer possible for the person to assume responsibility for the service with immediate effect.

⁴ In case of doubt based on the suitability of a person, the OFT may at any time order a full or partial examination of capacity.

¹ The inability to provide service due to alcohol (alcohol status) is considered to be proven when a person carrying out a key activity for safety:

A.

Has a blood alcohol level of 0.10 per thousand or more, or

B.

Has in the body a quantity of alcohol that leads to a blood alcohol level of 0.10 per thousand or more.

² A blood alcohol level of 0.50 per thousand or more is considered qualified.

³ The inability to provide service due to narcotic drugs is considered to be proven when one of the following substances is detected in the blood of a person engaged in a controlling activity for safety:

A.

Tetrahydrocannabinol (cannabis);

B.

Free morphine (heroin/morphine);

C.

Cocaine;

D.

Amphetamine;

E.

Methamphetamine;

F.

MDEA (methylenedioxyethylamphetamine);

G.

MDMA (methylenedioxymethylamphetamine).

⁴ The OFT enacts a directive on the detection of these substances.

⁵ For those who can demonstrate that they are consuming one or more substances listed in s. 3 on a medical prescription, the inability to provide service is not considered to be proven by the detection of these substances alone.

⁶ Employees of a business do not have the right to leave a person unable to provide service that is critical to safety.

Where a person exercises a decisive security activity which does not require a driver's licence, the undertaking must prohibit it from carrying on the activity in question if it is unfit for service by reason of sickness or disability Physical or psychological, alcoholism, other addiction, or other reasons.

¹ Services defined in s. 84 LCdF is responsible for monitoring fitness for service.

² Persons subject to s. 84, let. A, LCdF shall:

A.

Be in the direction of the locomotive, switching, train, rolling, or construction service personnel; or

B.

Be reviewers.

³ They must meet the following conditions:

A.

They must have been trained for this activity;

B.

At least one person must be reachable during business hours;

C.

They must be part of the same railway undertaking as the person to be controlled or a railway infrastructure undertaking;

D.

They must not be subject to grounds of recusal within the meaning of s. 10 of the Federal Act of 20 December 1968 on administrative procedure ¹ .

⁴ Persons subject to s. 84, let. A and d, LCdF must be able to attest to the competencies assigned to them.

¹ Preliminary test devices that provide blood alcohol information can be used to determine if alcohol has been consumed.

² Where there are signs that the controlled person is unable to provide the service because of a substance other than alcohol and has exercised a controlling activity for safety in that condition, a preliminary test Can be used to detect the presence of narcotics or drugs, especially in urine, saliva or sweat.

³ Preliminary tests shall be carried out in accordance with the manufacturer's requirements.

⁴ Other investigative measures should be waived where the result of the preliminary test is negative and the person under control has no sign of inability to provide the service.

⁵ If the result of the preliminary test reveals the presence of alcohol or if it has been abandoned to use a preliminary test apparatus, it is necessary to carry out a test using an ethylometer.

¹ The control carried out using the ethylometer may take place:

A.

No earlier than 20 minutes after the last alcohol consumption; or

B.

After the controlled person has rinsed the mouth, as indicated by the manufacturer of the device.

² The instruments used to control the rate of alcohol by means of the ethylometer are governed by the order of 28 March 2007 on the control of road traffic ¹ , the order of 15 February 2006 on measuring instruments ² And the enforcement requirements of the Federal Department of Justice and Police relating to these orders. ³

³ The OFT rules the handling of instruments used to control the rate of alcohol using the ethylometer. ⁴

⁴ Two measures need to be taken. If they differ by more than 0.10 per thousand, two new measures should be taken. If the difference is more than 0.10 per mile and if there are indications of alcohol consumption, a blood test should be ordered.

⁵ The inability to provide service is deemed to be established if the lower result of the two measures corresponds to a blood alcohol level of 0.10 per thousand or more, but less than 0.50 per mile, and if the person concerned recognizes this value by signing it.

¹ A blood test should be ordered:

A.

If the lower result of the two measurements using the ethylometer is:

1.

To a blood alcohol level of 0.50 per thousand or more,

2.

A blood alcohol level of 0.10 per thousand or more, but less than 0.50 per mile, and if the person concerned does not recognise the outcome of the measures;

B.

If there are signs that the controlled person is unable to provide the service because of a substance other than the alcohol and if it has been in service in that condition;

C.

If it is not possible to carry out a preliminary test or a test with the use of the ethylometer, and if there are indications that the service is not available.

² In addition, it is possible to order the collection of urine if there is any indication that the person concerned is unable to provide the service because of a substance other than the alcohol and whether it has engaged in a decisive activity For security in this state.

¹ The competent service shall, in particular, inform the person concerned:

A.

A blood test is ordered in the event of a refusal to submit to a preliminary test or to a test using the ethylometer (s. 82, para. 3, LCdF);

B.

That the acceptance of the result of the control by means of the ethylometer results in the initiation of an administrative procedure and of a criminal procedure.

² If the person concerned refuses to undergo a preliminary examination, a blood test, a blood test, a urine sample or a medical examination, the person concerned must be informed of the consequences of his refusal (art. 87 A , para. 1, LCdF).

³ The conduct of the control by means of the ethylometer, the collection of urine, the findings of the competent service, the recognition of the result of that control and the mandate to take blood and urine, or Confirmation of the mandate, should be recorded in minutes. The OFT sets the minimum requirements for the content and form of the minutes in a directive.

¹ The taking of blood must be carried out by a doctor or by a qualified assistant appointed by the doctor and acting under the doctor's responsibility. Urinalysis takes place under the appropriate visual control of a qualified person.

² The container containing the blood or urine shall be equipped with inscriptions avoiding any confusion, placed in a packing suitable for transport, kept at low temperature and sent for analysis by the quickest means to a recognized laboratory By the OFT.

³ On the proposal of the cantons, the OFT recognises the laboratories equipped with the facilities required for forensic tests of blood and urine and guarantees the quality of examinations. He supervises or supervises the activities of these laboratories.

¹ When a blood donation has been ordered, the physician assigned to do so will examine whether the person presents medically observable evidence indicating an inability to provide service due to alcohol, drug or drug use. The OFT shall lay down in a Directive the minimum requirements for the content and form of the corresponding minutes.

² The competent service may release the doctor from the obligation to carry out an examination if the person concerned does not present, in his or her behaviour, any indication of a cause of inability to provide the service other than alcohol.

¹ The results of the analysis of blood and urine shall be subject to the assessment of recognised experts as to their influence on the capacity to provide the service, to the attention of the criminal prosecution authorities and the competent authority for the withdrawal of the Allowed:

A.

If there is evidence that the blood contains a substance that reduces the ability to provide the service other than alcohol or a substance referred to in s. 14, para. 3;

B.

If a person has used a medical prescription a substance referred to in s. 14, para. 3, but if there is any indication of the inability to provide the service.

² The expert shall take into account the findings of the competent department, the results of the medical examination and those of the chemical and toxicological examination, and shall give reasons for the conclusions drawn.

³ On the proposal of the laboratories, the OFT recognises the quality of experts:

A.

Attesting to the formation of a medical examiner or toxicologist, or equivalent training in Switzerland or abroad; and

B.

Evidence of complete theoretical and practical knowledge in interpreting the results of chemical analyses as to their influence on the ability to provide service.

It is also possible to rely on the state and behaviour of the person suspected or on the indications obtained about the quantity consumed in order to observe the briety or the influence of a substance other than alcohol diminishing capacity To provide the service, particularly where the control using the ethylometer, the preliminary drug or drug test or the blood test could not be carried out. The stricter provisions of the cantonal procedure code are reserved.

The OFT rules in directives other requirements concerning the procedure for finding an inability to provide service due to alcohol, drugs or drugs.

¹ The competent service shall prevent the exercise of a decisive activity for safety when the person responsible for the activity in question:

A.

Is not the holder of the required driver's licence or the required certification or is carrying on business despite the refusal or revocation of the permit or certification;

B.

Exercises, in a condition that excludes a safe service, an activity for which a driver's licence or a certificate is not required;

C.

Presents a blood alcohol level of 0.10 per thousand or more at the control of an ethylometer.

D.

Does not observe a visual acuity load;

E.

Does not observe a restriction placed in the driver's licence or in the certificate or does not comply with the conditions laid down in Art. 8.

² It also prevents the exercise of a decisive activity for safety when a serious breach of the requirements on the duration of work and of the rest of the art. 4 to 11 of the Act of 8 October 1971 on working hours ¹ Is found.

¹ The competent service shall confiscate the driver's licence or the driver's licence and the certificate (admission documents) immediately when a person is carrying out his or her activity:

A.

Appears to be visibly drunk or, when tested with an ethoxometer, has a blood alcohol level of 0.50 per thousand or more;

B.

Clearly appears to be unable to provide service for other reasons;

C.

Conducts a learning contest without being accompanied by the required person.

² Intake documents may be confiscated when an individual, during the exercise of his or her activity, causes an accident resulting in the death of a person or bodily harm because it has seriously infringed the traffic requirements Trains or operating systems.

¹ It is necessary to confirm in writing the confiscation of the admission documents and the ban on the resumption of the road, indicating the legal consequences of these measures.

² Drivers' licences and driving licences must be handed over to the OFT, and the attestation to the railway undertaking, within five days of their confiscation. The minutes or the report should be attached.

³ If the grounds for the confiscation of the admission documents or the prohibition on the exercise of a decisive security activity become moot, the confiscated documents shall be returned immediately, and the prohibition Exercise the activity in question raised.

¹ If the competent department or an undertaking has indications that a person subject to the obligation to hold a licence could be unfit for service for medical, psychological or other reasons, they shall immediately inform the OFT and The undertaking concerned. ¹

² The OFT shall lay down in a directive infringements of the provisions committed by a person subject to the obligation to hold a permit which must be informed for the purpose of checking medical and psychological fitness or capacity Professional.

³ If a control referred to in s. 16 to 25 indicates an inability to provide the service, the results are to be transmitted to the local criminal prosecution authority, the OFT, the railway undertaking, the medical adviser and the psychologist-consultancy.

¹ If a person in charge of a safety activity and employed by a railway undertaking in a Member State of the EU endangers, seriously or repeatedly, the safety of rail traffic, the OFT shall announce such infringements to the The competent authority of the country in which the railway undertaking has its seat.

² Driving licences and certificates confiscated immediately shall be transmitted to that authority.

The OFT shall receive communications from the Member States of the European Union concerning offences committed by persons responsible for security activities and employed by railway undertakings established in Switzerland or Allowed to work there.

¹ It is necessary to withdraw the admission documents when it is found that the legal conditions of their grant are not or are no longer fulfilled; they may be withdrawn if the restrictions or charges imposed in individual cases when granting them Are not met.

² The OFT is responsible for the removal of the driver's licence, the railway undertaking for the removal of the driver's licence and the certificate.

The driver's licence or driver's licence is withdrawn for an indefinite period to the individual:

A.

Whose physical and psychological capacity does not allow him or her to carry out a decisive activity for security;

B.

Suffers from an addiction that excludes the ability to exercise a critical security activity;

C.

Whose previous conduct does not guarantee that it will comply with the requirements during the exercise of a decisive activity for safety.

¹ The removal of the driver's licence or driver's licence is equivalent to the prohibition on carrying out activities that require a certificate.

² The removal of the driver's licence or driver's licence for medical, psychological or professional reasons may be limited to a certain area of activity or to a certain field of intervention.

¹ Indeterminate admission documents may be returned subject to conditions or charges if a possible period of prohibition has expired and the person concerned certifies that the failure to do so has been rectified. Exclusion of fitness.

² If the person concerned does not comply with the charges or if the person is otherwise abusing the trust placed in it, the returned document shall be withdrawn once again.

The OFT may have the driving licence confiscated on a preventive basis until clarification of the reasons for the withdrawal.

If the OFT decides to withdraw a driver's licence or a driver's licence for an indefinite period, it shall communicate to the person concerned, upon notification of the decision, the conditions for the return of the document in question.

¹ The voluntary return of the driver's licence to the railway undertaking or the driver's licence to the OFT is equivalent to a withdrawal.

² The return must be confirmed in writing.

It is possible to declare the disqualification of foreign driving licences recognised in Switzerland under Art. 10 according to the same provisions as for the withdrawal of a Swiss driver's licence. In addition, it is necessary to declare their lapse for an indefinite period if they were obtained abroad in breach of Swiss or foreign jurisdiction. The foreign competent authority shall be informed of the revocation of a foreign driving licence.

¹ Anyone who intentionally carries out a decisive activity for safety in the railway field, although the admission documents have been refused or withdrawn or has been revoked, shall be punishable by deprivation of liberty Up to three years or a financial penalty.

² A fine is imposed on anyone, wilfully:

A.

In the course of the exercise of a decisive activity for safety in the railway sector, repeatedly or seriously infringes the requirements for the movement of trains laid down by the OFT pursuant to Art. 17, para. 3, LCdF or the foreign train traffic requirements that the OFT has declared applicable on the sections located in Switzerland;

B.

Exercises a decisive security activity without having the required admission documents;

C.

Leave a critical activity for the security of a person who he or she knows or can know by paying due attention that he or she does not have the necessary admission documents;

D.

Does not comply with the restrictions or expenses associated with the admission documents;

E.

Refuses to present, at the request of the supervisory authorities, the required admission documents, the electronic data carriers or other documents required for the control, or prevents the control activity in any other way.

³ Any person who is negligent shall be punished with a pecuniary penalty of up to 180 days for an offence under para. 1, and a fine of up to 5,000 francs for an offence under para. 2.

⁴ The employer or the hierarchical superior who orders or does not prevent, according to his or her possibilities, an act punishable under the LCdF or this order, committed by a person in charge of a decisive activity for the security, shall be submitted To the same threat of sanction as the person who committed the act.

¹ The OFT maintains a database of:

A.

Driving licences and certificates for drivers of motor vehicles;

B.

Reviewers;

C.

OFT; experts;

D.

Medical advisors;

E.

Psychologist-consulting.

² It refers to the services authorized to process the data.

³ It shall use the recorded data only to carry out the tasks set out in this order.

⁴ It secures access to the database by individual user profiles and passwords.

¹ The sequence of data on driving licences and certifications includes:

A.

The title, name, first name, date of birth, address, telephone number, nationality, registration number and photograph of the person;

B.

Indications of the person's linguistic knowledge;

C.

Final assessments of medical and psychological fitness and restrictions;

D.

The date on which the capacity reviews and periodic controls were successful;

E.

Indications of the qualifications listed in the certificates;

F.

Indications of the administrative measures and the significant circumstances that gave rise to them;

G.

Indications of specialization.

² The sequence of data on persons listed in s. 41, para. 1, let. B to e, contains:

A.

Their name, first name, address and telephone number;

B.

The date of their appointment.

The OFT lays down guidelines for:

A.

The medical conditions to be met in order to carry out a decisive activity for safety;

B.

The conduct of medical examinations by medical advisors;

C.

The psychological conditions to be fulfilled in the field of transport in order to carry out a decisive activity for safety;

D.

The conduct of psychological examinations by counselling psychologists;

E.

Contents of theoretical and practical examinations;

F.

Personal conditions, training and examinations applicable to foreign drivers of motor vehicles.

This order shall enter into force on 1 ^Er January 2010.