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RS 822.114 Order 4 of 18 August 1993 on the Labour Act (OLT 4) (Industrial enterprises, approval of plans and authorisation to operate)

Original Language Title: RS 822.114 Ordonnance 4 du 18 août 1993 relative à la loi sur le travail (OLT 4) (Entreprises industrielles, approbation des plans et autorisation d’exploiter)

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822.114

Order 4 relating to the Labour Act

(OLT4)

(Industrial enterprises, approval of plans
And permission to operate) 1

18 August 1993 (State 1 Er May 2015)

The Swiss Federal Council,

Having regard to art. 8 and 40 of the Labour Act of 13 March 1964 2 (law), given art. 83 of the Federal Act of 20 March 1981 on accident insurance 3 (A),

Stops:

Chapter 1 Scope of application 4

Art. 1 ... 1

1 This order determines:

A.
Specific requirements relating to the construction and management of undertakings subject to approval of plans and the authorisation to operate (Art. 7 and 8 of the Act);
B.
The procedure for subjecting industrial enterprises to the special requirements;
C.
The procedure for approval of plans and authorisation to operate. 2

2 The procedure for approval of plans applies, in addition to industrial enterprises, to the following categories of non-industrial undertakings:

A.
Sawmills;
B. 3
Waste disposal and recycling companies;
C.
Chemical-technical production companies;
D.
Stone sawing companies;
E.
Companies manufacturing cement products;
F.
Iron, steel and other metal smelters;
G.
Wastewater treatment companies;
H.
Irons manufacturing companies;
I. 4
Companies that deal with surfaces, such as zingueries, soaking workshops, electroplating companies and anodising workshops;
K.
Wood impregnation companies;
L. 5
Undertakings which store or transfer chemical substances, liquid or gaseous fuels or other readily flammable liquids or gases, if the proposed installations allow to exceed the quantitative thresholds set out in the Annex 1.1 of the order of 27 February 1991 on major accidents 6 ;
M. 7
Companies that use microorganisms in groups 3 or 4 as defined in s. 3, para. 2, of the order of 25 August 1999 on the protection of workers against the risks associated with micro-organisms 8 ;
N. 9
Enterprises with warehouses or premises in which the composition of the air diverges from the natural state in a potentially harmful manner, in particular by an oxygen rate of less than 18 %;
O. 10
Enterprises using work equipment, within the meaning of Art. 49, para. 2, c. 1, 2 or 6 of the order of 19 December 1983 on the prevention of accidents 11 .

3 The procedure for approval of plans and authorisation to operate extends to parts of undertakings and installations of an industrial character or belonging to the categories of undertakings described in para. 2, as well as to parts of businesses and facilities directly related to the construction or material plan.


1 Repealed by c. I of the O of 10 May 2000, with effect from 1 Er August 2000 ( RO 2000 1636 ).
2 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
3 New content according to the c. I of the O of 29 Oct. 2008, effective from 1 Er Dec. 2008 ( RO 2008 5183 ).
4 New content according to the c. I of the O of 29 Oct. 2008, effective from 1 Er Dec. 2008 ( RO 2008 5183 ).
5 New content according to the c. I of the O of 29 Oct. 2008, effective from 1 Er Dec. 2008 ( RO 2008 5183 ).
6 RS 814.012
7 Introduced by Art. 18 of the O of 25 August 1999 on the protection of workers from the risks of micro-organisms ( RO 1999 2826 ). New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 (RO 2000 1636).
8 RS 832.321
9 Introduced by c. I of the O of 29 Oct. 2008, effective from 1 Er Dec. 2008 ( RO 2008 5183 ).
10 Introduced by c. I of the O of 29 Oct. 2008, effective from 1 Er Dec. 2008 ( RO 2008 5183 ).
11 RS 832.30

Chapter 2 Construction and management of enterprises subject to the procedure for approval of plans 5

Section 1 General provisions 6

Art. 2 Mandates entrusted to third parties

Where the employer gives a third party the mandate to design, construct, modify or restore facilities for its business, it must specifically draw its attention to the requirements for approval of the plans.

Art. 3 Technical expertise

The authorities may request the employer to submit a report of technical expertise where there are serious grounds for doubt that the proposed installation resists the loads and constraints to which it will be subjected during use Comply with the requirements.

Section 2 Working accommodation 7

Art. 4 Ubuns or windows without windows

The development of permanent work stations in premises below ground level or in the poor of windows can only be authorised in cases of exceptional reasons.

Art. 5 Height of Premises

1 The free height of the work space shall be at least:

A.
2.75 m for a ground surface of 100 m 2 At most;
B.
3.00 m for a ground surface of 250 m 2 At most;
C.
3.50 m for a surface area of 400 m 2 At most;
D.
4.00 m for a soil surface of more than 400 m 2 .

2 Soil surface means the surface bounded by walls constructed for reasons of static, safety, hygiene, fire protection or production technique.

3 Authorities may allow lower heights when:

A.
The depth of the room, measured perpendicular to the windows on the facade, is relatively small;
B.
The space is artificially ventilated and the air is introduced by a suspended ceiling;
C.
The work planned in the premises is essentially carried out in a sitting position and requires little physical effort, and that the work process does not alter, or insignificantly, the air and climate of the local.

4 The authorities prescribe higher levels of premises when required by occupational health or safety; they may do so where exemptions are granted under s. 17, para. 3.

Section 3 Passages 8

Art. 6 Width

Main crossings within buildings shall be at least 1.20 m wide.

Art. 7 1 Stair and Output Cages

1 The stairwells must lead to outings that can be directly on the outside.

2 The following escape routes shall be available:

A.
At least one stairwell or an exit directly on the outside for a floor of a 900 m surface 2 Maximum;
B.
At least two stairwells for one floor of a surface greater than 900 m 2 .

1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er May 2015 ( RO 2015 1085 ).

Art. 8 1 Evacuation lanes

1 In the event of danger, the workstations, premises and buildings as well as the premises of the undertaking must be able to be evacuated quickly and safely at all times. Passages which also serve as escape routes in the event of danger must be reported appropriately and remain free at all times.

2 It is considered to be the shortest route that can be taken to arrive at free air, in a safe place, from any place in a building, work or facility.

3 The length of the escape routes leading to a stairwell or a single exit giving on the outside shall not exceed 35 m. The one lane which leads to at least two stairways or exits giving on the outside shall not exceed 50 m.

4 The length of an escape route is measured in a straight line on the premises, and along the route in the corridors. The journey in stairwells and up to the outside is not included in this measure.

5 The distance to the nearest exit to be taken to arrive directly in a secure place in the open air, or to a stairwell, must not exceed 35 m at any point in a room. When no exit can be borrowed to arrive directly in a secure place in the open air, or to a stairwell, a corridor shall be used as a link; in this case, the total length of the escape route shall not exceed 50 m. 2

6 Inland courses in which a stairwell or other escape route is produced shall have at least one safe exit.

7 If the protection of workers from particular hazards requires additional measures, the company must provide for a greater number of escape routes or a reduction in the length of the escape routes. 3


1 New content according to the c. I of the O of 29 Sept. 2006, effective from 1 Er Nov. 2006 ( RO 2006 4183 ).
2 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er May 2015 ( RO 2015 1085 ).
3 Introduced by ch. I of O of 1 Er Apr 2015, in force since 1 Er May 2015 ( RO 2015 1085 ).

Art. Construction of stairwells and hallways

1 The number, layout and design of stairways and corridors shall be adapted to the extent and assignment of buildings or parts of buildings, to the number of floors, to the dangers inherent in the undertaking and to the workforce. The width of stairs and corridors must be at least 1.20 m. 1

2 The useful width of the stairs and walkways giving access to the technical installations will be at least 80 cm.

3 The stairwells will, as a general rule, be stolen straight. The height and width of the steps must allow an easy and safe follow-up. When the distance between the floors is large, intermediate steps should be developed.

4 Stairs, walkways and unwalled bearings will be equipped with a balustrade on either side. Stairs placed between walls will be provided with a common hand on both sides. If the staircase is less than 1.5 m in width, a common hand is sufficient.

5 To 7 ... 2


1 New content according to the c. I of the O of 29 Sept. 2006, effective from 1 Er Nov. 2006 ( RO 2006 4183 ).
2 Repealed by c. I of the O of 29 Sept. 2006, with effect from 1 Er Nov. 2006 ( RO 2006 4183 ).

Art. 10 1 Doors and exits located on escape routes

1 The doors of the escape routes shall be capable, at all times, of being recognised as such, open quickly in the direction of the exit without resorting to auxiliary means and used safely. 2

2 The number, layout and design of exits shall be adapted to the extent and assignment of buildings or parts of buildings, to the number of floors, to the dangers inherent in the undertaking and to the workforce. The useful width of the doors to a wing shall be at least 0.90 m. The two-wing doors opening in a single direction shall have a width of at least 0.90 m. The two beats of the door-and-coming doors shall each have a useful width of at least 0.65 m.

3 The width of doors, hallways and stairways used for escape routes shall not be reduced below the prescribed minimum dimensions or by subsequent construction or other arrangements.


1 New content according to the c. I of the O of 29 Sept. 2006, effective from 1 Er Nov. 2006 ( RO 2006 4183 ).
2 New content according to the c. I of the O of 29 Oct. 2008, effective from 1 Er Dec. 2008 ( RO 2008 5183 ).

Art. 11 Fixed scales

1 Fixed ladders of a drop height of more than 5 m and without a safety slide will have a backend protection from 3 m of the ground. Bearings shall be arranged at intervals of not more than 10 m. This requirement is not applicable to scales for firefighters.

2 The amounts on the fixed scales will exceed the level of the upper level of at least 1 m to be used as current hands.

3 Stationary ladders placed outdoors will be weather-resistant.

Art. 12 Garde-corps, balustrades

Bodyguards and balustrades must measure at least 1 m in height and have an intermediate track. If necessary, they will be filled with a plinth.

Art. 13 Railways

1 The industrial track rails will be placed in such a way as to leave a safety space between the vehicle loading gauge and the buildings or obstacles, with the exception of loading docks. This security space will be at least:

A.
60 cm in areas where railway workers are exclusively involved;
B.
1 m in general traffic areas.

2 Rotating plates will be equipped with ground-level stopping devices.

Art. 14 Load Dock

A safety space of at least 80 cm high and 80 cm deep beneath the length of the rail car loading docks when they exceed 10 m long and their height, calculated from the top edge of the Rails, more than 80 cm.

Art. 15 Transportation Facilities

Within the company, the transport of hazardous materials or objects will be carried out with adequate facilities and containers.

Art. 16 Amps

The slope of the ramps will be adapted to the type of vehicles used and the nature of the loads. It will not exceed 10 %, or 5 % if it is hand-driven vehicles. Coating of ramps must be anti-slip.

Section 4 Lighting and Air Quality in Premises 9

Art. 17 Windows

1 In the case of the use of normally transparent glass, the total surface of the windows in front and the zenithals shall represent at least one eighth of the surface of the ground.

2 At least half of the glazed surfaces prescribed in para. 1 shall be made in the form of facade windows with transparent glazing. The layout of the windows in front must be such that the workers have seen on the outside from their work station, to the extent that the operating facilities and the production technique permit.

3 The authorities may authorise a smaller area of windows, in particular when the safety or production technique requires it; the authorisation may be subject to special conditions for the protection of the Workers.

4 The height of the windows of the windows shall be adapted to the nature of the work and shall not exceed 1.2 m.

5 There is a need to avoid glare and any troublemical calorific radiation.

6 In the case of natural ventilation, the surface of the opening parts of the windows in front and the zenith must correspond, as a general rule, to 3 m 2 At least per 100 m 2 Surface area.

Art. 18 Ventilation facilities

1 Ventilation facilities shall be constructed of suitable materials. In particular, installations for the discharge of gases, vapours, fog and solid combustible materials shall be constructed of non-combustible materials or, in the event of special circumstances, at least in difficult materials Fuels; they should not give rise to sparks.

2 The escape orifices shall be arranged in such a way as to remove any risk of ignition due to external influences.

3 The dry separators of solid combustible materials shall be placed at sufficient distance from the sources of ignition. They must be designed so that the shock waves of a possible explosion do not cause harmful effects.

4 The ventilation channels shall be fitted with easily accessible control and cleaning openings and, where appropriate, flushing and flushing connections.

Section 5 Companies with Special Hazards 10

Art. 19 Companies with a special fire hazard a. Scope of application 1

1 The provisions of this Section shall apply to undertakings or parts of undertakings in which materials presenting a particular risk of fire are produced, processed, handled or stored in a dangerous manner or in Hazardous quantities.

2 The following substances shall be considered to pose a particular fire hazard:

A.
Highly flammable, easily flammable and fast-burning materials;
B.
Materials whose heating releases large quantities of combustible or toxic gas;
C.
Oxidizing materials such as oxygen, unstable oxygenates and other oxidants.

1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. B. Construction mode 1

1 In general, buildings or premises must be constructed of fire-resistant materials. Isolated buildings, on one floor, can be carried out in light construction, using non-combustible materials, where the safety of workers and neighbours is guaranteed.

2 In order to ensure the protection of workers, the authorities may prescribe, depending on the nature and quantity of materials presenting a particular risk of fire and according to the working methods used:

A.
To divide buildings or premises into fire compartments, or to construct isolated buildings or on one floor;
B.
Observe adequate safety distances;
C.
Proceed with the production, processing, handling and storage of materials that pose a particular risk of fire exclusively on floors, premises, or other specified locations;
D.
Develop the escape routes between each work station and the exits so that they do not exceed a certain length given the potential hazard.

3 The production, processing, handling and storage of materials presenting a particular risk of fire may be authorised, on an exceptional basis, in premises below the ground level, provided that safety remains Warranty.


1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. C. Maximum number of workers, operating facilities and quantity of materials 1

In order to ensure the protection of workers, the authorities determine for certain sectors, depending on the nature and quantity of material presenting a particular risk of fire and according to the work processes:

A.
The eligible number of workers employed there;
B.
Eligible operating facilities and their design;
C.
The allowable quantities of materials that can be produced, processed, handled or stored;
D.
The necessary organisational measures.

1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. Companies with an explosion hazard a. Scope of application 1

The provisions of this section apply to businesses or parts of a business in which:

A.
Explosive mixtures can be formed with air during the production, processing, handling or storage of combustible materials;
B.
Explosive substances or mixtures of substances are or are forming;
C.
Explosive materials are produced, processed, handled or stored.

1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. B. Construction mode 1

1 The manufacturing premises shall, if necessary, be equipped with light construction elements to minimise the risk, in the event of an explosion, of the workers in the buildings, in the premises, on the premises Or in the vicinity of the company.

2 In order to protect the passages and the vicinity, embankments or protective walls between the buildings will be constructed, if necessary, or other appropriate measures will be taken.

3 The flooring of the soil will prevent the formation of sparks.


1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. 24 C. Maximum number of workers, operating facilities and quantity of materials 1

In order to ensure the protection of workers, the authorities determine for certain sectors, depending on the nature and quantity of explosives and according to the working methods:

A.
The eligible number of workers employed there;
B.
Eligible operating facilities and their design;
C.
The allowable quantities of materials that can be produced, processed, handled or stored;
D.
The necessary organisational measures.

1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. 25 D. Additional provisions for companies dealing with explosive substances 1

1 Companies or parts of companies that produce, transform, manipulate or store explosive materials must be divided into sectors with risk of explosion and in sectors without the risk of explosion.

2 Technical or organisational measures should make it possible to minimise or eliminate any presence of workers in particularly dangerous places.

3 Any premises with permanent work stations shall be provided with at least one practicable exit at all times, directly on the outside or in a safety zone.

4 Exterior passages and access to buildings shall be arranged in such a way that persons entering the premises do not salt the ground.

5 The perimeter of the company must be surrounded by a fence preventing unauthorised persons from entering it. Visible notices placed at the entrances will allow them access.


1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Section 6 Directives and authorisations to derogate from requirements 11

Art. 26 Guidelines

1 The State Secretariat for the Economy (Federal Office) may draw up guidelines for the requirements set out in this Ordinance relating to the construction and development of enterprises as part of the approval of plans. 1

2 Before issuing directives, it will consult with the Federal Labour Commission, the cantonal authorities, the Federal Coordination Commission for Safety at Work, the Swiss National Insurance Fund for Accidents (CNA) and Other interested organizations.

3 If the employer complies with the guidelines, the employer is presumed to have met its construction and business development obligations. It may, however, otherwise satisfy itself if it proves that the measures it has taken are equivalent.


1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).

Art. 27 Authorizations to depart from requirements

1 The authorities may, at the request of the applicant, authorise, in each case, derogations from the requirements of this order when:

A.
Another such effective measure is anticipated; or
B.
The application of the requirement would lead to excessive rigour and that the derogation does not compromise the protection of workers. 1

2 Before submitting the application, the employer must give the workers concerned or their representatives within the company an opportunity to express their views on the matter. It must communicate the outcome of this consultation to the authority.

3 Before allowing derogations, the cantonal authority shall take the opinion of the Federal Office. The latter shall take the advice of the CNA, if necessary. 2


1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
2 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).

Chapter 3 12 Industrial Enterprises 13

Section 1 General provisions

Art. 28 Definitions

1 Companies that incinerate or process garbage, water supply companies, and water treatment plants are also among the companies that produce, process, or process goods within the meaning of s. 5, para. 2, of the law.

2 This includes producing, transforming or transporting energy from gas plants, electric plants, including sub-stations and converters and transformers, atomic plants, and plants Pumping and storage of pipeline installations for the transport of liquid or gaseous fuels and fuels.

Art. Minimum number of workers

1 For the calculation of the minimum workforce, account will be taken of all workers employed in the industrial parts of the undertaking, even if the various elements of the undertaking are in different but neighbouring communes.

2 Do not count towards the calculation of the minimum workforce according to para. 1:

A.
Commercial and technical office staff, as well as other workers who are not employed in the production, processing or processing of goods, or in the production, processing or transportation of energy;
B.
Apprentices, volunteers, trainees, as well as persons who work only temporarily in the enterprise;
C.
Workers employed primarily outside the industrial enterprise.
Art. Automatic processes

There is an automatic process where technical devices alone ensure the use, conduct and monitoring of installations in such a way as to render human intervention normally superfluous during the execution of the Plan.

Art. Companies with Special Hazards

In particular, undertakings in which the life or health of workers are exposed to particular dangers (art. 5, para. 2, let. C, of the Act):

A.
Undertakings in which explosives, particularly flammable or particularly harmful, are processed or stored;
B.
Other companies where experience shows that workers are exposed to particularly high risks of accidents, illness or overwork.

Section 2 Securing procedure

Art. 32 1 Principle

1 The cantonal authority shall seek undertakings and parts of undertakings which meet the definition of the industrial undertaking and shall conduct the procedure for the imposition of special requirements on undertakings Industry.

2 The CNA is empowered to propose to the cantonal authority the subjection of a company.

3 The employer must complete, for the cantonal authority, a questionnaire that provides information on the facts of the case for subjugation.


1 New content according to the c. I of the O of 6 May 2009, in force since 1 Er June 2009 ( RO 2009 2401 ).

Art. 33 Liability Decision

1 ... 1

2 The liability decision remains in effect for as long as it has not been repealed. When an industrial undertaking is transferred to another employer, the liability remains and the decision must be amended accordingly.


1 Repealed according to c. II 1 of the O of 24 Apr. 2002, with effect from 1 Er June 2002 ( RO 2002 1347 ).

Art. 34 1 Repeal of subjugation

1 Where an undertaking no longer meets the definition of the industrial undertaking, the cantonal authority shall repeal the liability.

2 The subjugation must be, in particular, repealed when, in the case referred to in s. 5, para. 2, let. A, of the Act, the company occupies less than six workers:

A.
In the past year; or
B.
For less than a year and it is expected that this minimum number will no longer be reached.

3 The NAC has the power to request the repeal of the subjugation.


1 New content according to the c. I of the O of 6 May 2009, in force since 1 Er June 2009 ( RO 2009 2401 ).

Art. 35 1 Notification of decision

1 The cantonal authority shall, in writing, notify the employer in writing of the decisions concerning liability.

2 It transmits twice the decisions to the Federal Office and the CNA.


1 New content according to the c. I of the O of 6 May 2009, in force since 1 Er June 2009 ( RO 2009 2401 ).

Art. 36 1 Communications from the Federal Office to the Cantonal Authority

The Federal Office shall communicate to the cantonal authority any fact which comes to its knowledge and may concern a subjugation.


1 New content according to the c. I of the O of 6 May 2009, in force since 1 Er June 2009 ( RO 2009 2401 ).

Chapter 4 14 Approval of plans and authorization to operate 15

Section 1 Procedure for approval of plans

Art. Request for approval of plans

1 The application for approval of plans under s. 7, para. 1, of the law shall be presented to the cantonal authority in writing, with plans and descriptive status.

2 In the case of the procedure laid down in Art. 7, para. 4, of the law (coordinated federal procedure), the application is to be submitted to the competent federal authority (single authority).

3 For facilities and construction of the Confederation which are not covered by the coordinated federal procedure, the application for approval of the plans shall be submitted to the Federal Office. 1


1 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).

Art. 38 Plans

1 The following plans will be attached to the application in two copies:

A.
A situation plan for the establishment and its surroundings with orientation, at the scale of the cadastral plan, but not less than 1: 1000;
B.
The plans of all premises with indication of their destination, including fireplaces, refectories, lavabos, baths, first aid rooms, cloakrooms and WC, as well as the plan of exits, stairs and emergency exits;
C.
The design of the facades, with the indication of the construction of windows;
D.
The longitudinal and transverse sections necessary for the examination of the construction, including one of each species for the cages of ers;
E.
If it is a transformation, the plans of the old installation when it does not appear on the new plans.

2 The plans referred to below. B to d, para. 1, must be rated and set on a scale of 1: 50, 1: 100 or 1: 200.

3 The plans will clearly indicate, in particular, the location of the following workstations, machines and technical installations:

A.
Steam boilers, steam receptacles and pressure receptacles;
B.
Heating and oil tanks, ventilation systems, heating plants for technical requirements, gas installations and wastewater treatment facilities;
C.
Mechanical transportation facilities;
D.
Facilities dedicated to the processing and storage of particularly flammable, explosive or harmful materials;
E.
Silos and reservoirs;
F.
Spray paint facilities and drying ovens;
G.
Facilities for the production of ionising radiation;
H.
Fire extinguishers and fire alarms.
Art. 39 Descriptive state

1 The descriptive status will be presented in two copies and shall contain the following particulars:

A.
The type of operation expected, the destination of the premises and, to the extent required by the decision to be taken, the manufacturing process;
B.
The probable maximum number of workers who will be employed in each local area;
C.
Materials used for foundations, walls, walls, floors, ceilings, roofs, stairways, doors and windows;
D.
Technical installations according to Art. 38, para. 3, and lighting installations;
E.
Premises and facilities for the use of radioactive materials;
F.
The type and quantity of materials that are particularly flammable, explosive or harmful;
G.
The type and location of sources of noise with significant effects on workers or the business perimeter;
H.
The mode of packaging and transport of particularly flammable, explosive or harmful materials.

2 If the indications required in the descriptive statement according to para. 1 may not yet be provided or cannot be provided completely, they will be given at a later date, but at the latest before the installation of the facilities they concern.

Art. 40 Approval of plans

1 The competent authority shall decide on the application for approval of the plans.

2 If the application is accepted, the competent authority shall notify the applicant of its decision with a copy of the approved plans and the descriptive status. The second copy of each such coin shall be retained by the competent authority for at least ten years.

3 The cantonal authority and the federal authorities send a duplicate of their approval of the plans to the CNA. 1


1 New content according to the c. I of the O of 6 May 2009, in force since 1 Er June 2009 ( RO 2009 2401 ).

Art. Approval of Plans in Coordinated Federal Procedure

1 The jurisdiction to decide on the need for approval of plans in accordance with ss. 7 and 8 of the Act is the responsibility of the Federal Office, as the relevant authority within the meaning of the coordinated federal procedure under Art. 62 A At 62 C The Law of 21 March 1997 on the Organisation of Government and Administration (LOGA) 1 . 2

2 The single authority shall consult the Federal Office in each ordinary procedure for the approval of plans according to Art. 62 A LOGA, as well as collaborating if: 3

A.
Constructions or installations according to art. 7 or 8 of the Act are constructed or transformed as part of the coordinated federal process;
B.
The construction or processing of works and installations subject to the procedure for approval of plans and authorisation to operate involves, during the construction phase, the creation of workshops or installations such as concrete plants, Transportation or wastewater treatment facilities; or
C.
After the end of the coordinated federal procedure, workers are occupied in or on these buildings and installations.

3 The Federal Office shall, as the authority concerned and to the sole authority, take a position on the application for approval of the plans. He is invited to participate in the discussion of plans as far as the issues of worker protection are concerned. 4

4 Other provisions for the approval of work legislation and this order apply to the approval of plans within the framework of the coordinated federal procedure.


1 RS 172.010
2 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).
3 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).
4 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).

Section 2 Permission to operate

Art. Application for Authorization to Operate

Before commencing operations, the employer must request, in writing, and the competent authority under s. 37, the granting of the authorisation to operate.

Art. 43 Permission to Operate

1 The competent authority shall decide on the application for authorisation to operate. Where there are sufficient grounds for early release, the competent authority may grant provisional authorisation if the necessary measures have been taken to protect the lives and health of workers.

2 If the examination of the application reveals, in the construction or installations of the undertaking, defects which could not be foreseen at the time of approval of the plans and which present a danger to the lives or health of the workers, the authority May make the authorisation subject to additional conditions, after having heard the employer.

3 The cantonal authority and the federal authorities submit a duplicate of their authorizations to operate at the CNA. 1


1 New content according to the c. I of the O of 6 May 2009, in force since 1 Er June 2009 ( RO 2009 2401 ).

Art. 44 Authority to Operate in Coordinated Federal Procedure

1 In so far as this Article does not provide for other provisions for this procedure, Art. 41 is applicable.

2 The single authority always collaborate with the Federal Office: 1

A.
Whether the undertaking provides for early release;
B.
Whether it is the control of the undertaking or the facility for the granting of the authorization to operate.

3 If the control for the granting of the authorisation to exploit reveals defects, the single authority shall proceed according to Art. 43, para. 2. It shall consult with the Federal Office to determine the conditions necessary for the authorisation to operate in order to protect the lives and health of workers. 2


1 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).
2 New content according to the c. II 1 of the O of 24 Apr. 2002, effective from 1 Er June 2002 ( RO 2002 1347 ).

Section 3 Special provisions

Art. 45 Processing of domestic facilities

The employer must also request approval of plans and authorization to operate under s. 7 or 8 of the law, for the processing of internal installations of the undertaking, in particular technical, the reassignment of premises, the rearrangement of work stations, whether they result in an essential modification or allow for a Increased risks to the lives or health of workers.

Art. Non-compliance found during operation

1 If, after the implementation, the implementation is not in full conformity with the federal requirements, the implementing and supervisory authorities shall report it to the employer and shall set a time limit for making the report Comply with the requirements.

2 If the employer does not comply, the s. 51 and 52 of the Act apply.

3 Where the summation concerns the prevention of accidents or occupational diseases, the authority shall submit a duplicate to the CNA.

Chapter 5 16 Final provisions 17

Art. Transitional provisions

The approval procedure for plans shall apply to the construction projects of non-industrial undertakings subject to the approval of plans pursuant to Art. 1, para. 2, let. M when:

A.
The application for the building permit has not yet been filed at the time of the coming into force of the May 10, 2000 amendment to this order;
B.
The application for the building permit has been filed, the construction work has not yet started and there are special grounds for the protection of the workers.
Art. 48 Entry into force

This order shall enter into force on 1 Er October 1993.



RO 1993 2564


1 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
2 RS 822.11
3 RS 832.20
4 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
5 Formerly before art. 4. New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
6 Introduced by ch. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
7 Introduced by ch. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
8 Introduced by ch. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
9 Introduced by ch. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
10 Introduced by ch. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
11 Introduced by ch. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
12 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
13 Formerly before art. 6.
14 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ).
15 Formerly before art. 17.
16 New content according to the c. I of the O of 10 May 2000, in force since 1 Er August 2000 ( RO 2000 1636 ). Formerly, the disp. End. Were in a chap. 6.
17 Formerly before art. 19.


State 1 Er May 2015