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RS 151.31 Order of 19 November 2003 on the elimination of inequalities affecting persons with disabilities (Ordinance on Equality for Persons with Disabilities, OHand)

Original Language Title: RS 151.31 Ordonnance du 19 novembre 2003 sur l’élimination des inégalités frappant les personnes handicapées (Ordonnance sur l’égalité pour les handicapés, OHand)

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151.31

Order on the Elimination of Inequality of Persons with Disabilities

(Equality for Disabled, OHand Ordinance)

19 November 2003 (State 1 Er January 2016)

The Swiss Federal Council,

Having regard to the Act of 13 December 2002 on Equality for Persons with Disabilities (LHand) 1 ,

Stops:

Section 1 General provisions

Art. 1 Purpose

1 This Order contains provisions on:

A.
The organization of the Federal Office for Equality for Persons with Disabilities (BFEH);
B.
The exercise of subjective rights and the principle of proportionality;
C.
The requirements for the construction or renovation in accordance with the needs of persons with disabilities of, or co-financed by, Confederation buildings or facilities;
D.
The requirements for accommodation that are consistent with the needs of persons with disabilities in Confederation;
E.
Measures in the field of personnel taken by the Confederation in its capacity as employer;
F.
The granting of financial aid.

2 The measures taken in the field of public transport are governed by the ordinance of 12 November 2003 on measures to ensure access for persons with disabilities to public transport (OTHand) 1 .


Art. 2 Definitions

The term is:

A.
Build or renovate (art. 3, let. A, c and d, LHand) : the action to build or transform buildings and installations, to the extent that such action is subject to a procedure, ordinary or simplified, of cantonal authorisation;
B.
Construction and facilities (art. 3, let. A, LHand) Temporary or sustainable development and equipment;
C.
Construction and facilities accessible to the public (art. 3, let. A, LHand) : buildings and installations:
1.
That are open to an indeterminate circle of people,
2.
That are open only to a specific circle of persons who are in a special law relationship with a public community or with a service provider who provides benefits to them; do not form part of the structures and facilities that Constitute military combat and command infrastructures, or
3.
In which service providers offer personal benefits;
D.
Discrimination (art. 6 and 8, para. 3, LHand) : any particularly marked and gravely unequal treatment that has the intention or consequence of impairing or marginalizing a person with a disability;
E.
Employers (s. 13 LHand) : the Federal Council, the Federal Assembly, the Swiss Post Office, the Federal Railways, the Federal Court and the EPF Board for their respective staff;
F.
Internet (art. 14, para. 2, LHand) : the computer network used by different applications, in particular web browsers or other applications that operate on the user's system.

Section 2 Federal Office for Equality for Persons with Disabilities

Art. 3 Tasks

(art. 19 LHand)

1 The BFEH is competent to carry out federal work on equality for persons with disabilities, insofar as these tasks do not fall within the competence of another federal administrative unit.

2 It promotes equality between people with disabilities and non-disabled people in public spaces and commits itself to a policy of eliminating inequalities of law or fact.

3 In particular, it performs the following tasks:

A.
Informing the public and bringing together documentation;
B.
Advising individuals and authorities;
C.
Reviewing requests for financial assistance;
D.
Implementing programs, information campaigns and pilot projects;
E.
Addressing issues of equality at the national and international levels;
F.
Preparing federal legislation and federal government reports and other acts in the area of equality for persons with disabilities;
G.
It decides on other legislative projects and measures of the Confederation which are particularly relevant to equality for persons with disabilities;
H.
It checks the quality to act or to use aid organisations for people with disabilities;
I.
Coordinates the activities of other federal administrative units;
J.
Collaborating with organizations to assist persons with disabilities;
K.
It sends a periodic report to the Federal Department of the Interior (DFI) on its activities and on the results of assessments made under s. 18, para. 3, LHand.
Art. 4 Organization

(art. 19 LHand)

The EAFB is subordinate to the General Secretariat of the DFI.

Section 3 Exercise of subjective rights and the principle of proportionality

Art. 5 Organizations qualified to act or to use

(art. 9 LHand)

1 Have standing or to use the meaning of s. 9, para. 2, LHand Organizations:

A.
Have legal personality;
B.
Which, in accordance with their statutory purpose, have been primarily concerned with the interests of persons with disabilities for at least ten years;
C.
Which are of national importance, and
D.
Which are listed in Annex 1.

2 Requests to obtain the status of a qualified organisation in order to act or to use it must be addressed to the EAFB. They shall contain the documents necessary for the verification of the conditions listed in para. 1, let. A to c.

3 If a qualified organisation to act or to resort modifies its statutory purpose, its legal form or its name, it must announce it without delay to the BFEH.

4 The BFEH shall periodically check whether the organisations listed in Annex 1 fulfil the conditions required to have the quality to act or to use. If one of these organizations no longer meets these conditions, the FAD proposes that the Federal Council amend Schedule 1 accordingly.

Art. 6 Weighing of interest

(art. 11, para. 1, LHand)

1 To determine whether there is a disproportion within the meaning of s. 11, para. 1, LHand, it should be taken into account in particular:

A.
The number of people who use the construction or facility or use the facility;
B.
The importance of building, installing or providing for persons with disabilities;
C.
The temporary or sustainable character of the construction, installation or delivery.

2 If the interest of persons with disabilities is to be assessed in relation to the interests of the protection of the environment, nature or heritage and monuments (art. 11, para. 1, let. B, LHand), it should also be taken into account:

A.
The importance of the construction or installation in terms of the protection of the environment, nature or heritage and monuments; and
B.
The extent to which the required adaptations:
1.
Damage the environment,
2.
Affect the substance, structure and aspect of the construction or installation from the point of view of the protection of nature or heritage and monuments.
Art. 7 Influencing Fees

(art. 12, para. 1, LHand)

1 The maximum amount of 5 % of the insurance value referred to in s. 12, para. 1, LHand is calculated on the basis of the insurance value of the building before the renovation.

2 Is deemed to be a renovation within the meaning of s. 12, para. 1, LHand the costs that were projected independently of the measures to be taken specifically for persons with disabilities.

Section 4 Construction requirements of the Confederation

(art. 15, para. 2, LHand)

Art. 8

1 The SIA 500 "Barrier-Free Constructions" is a determining factor for: 1

A. 2
The administrative units referred to in s. 8 of the Order of 5 December 2008 concerning the management of the real estate and logistics of Confederation 3 ;
B.
Administrative units that build or co-finance collective housing;
C.
Administrative units which grant financial aid or allowances within the meaning of the Act of 5 October 1990 on subsidies 4 .

2 These administrative units develop, each for its field of competence, a programme to adapt the buildings and facilities to the needs of persons with disabilities within the framework of the means available.

3 The provisions of the OTHand 5 Are reserved.


1 New content according to the c. I of the O of 28 Apr. 2010, effective from 1 Er June 2010 ( RO 2010 1737 ).
2 New content according to the c. I of the O of 28 Apr. 2010, effective from 1 Er June 2010 ( RO 2010 1737 ).
3 RS 172.010.21
4 RS 616.1
5 RS 151.34

Section 5 Benefits of the Confederation

Art. Direct service to the public

1 When providing direct service to the public, the centralized and decentralized administrative units of the federal government and the organizations and businesses under s. 2 of the Federal Act of 21 March 1997 on the Organization of Government and Administration (LOGA) 1 As well as the organizations and undertakings holding a federal concession take the architectural and technical measures necessary to make their services accessible to persons with disabilities.

2 In particular, they equip their own devices with adequate devices so that people with disabilities can use them.

3 They provide the necessary assistance to persons with disabilities who, because of the nature of their disability, cannot take the necessary steps or operations using technical means.

4 The provisions of the OTHand 2 Are reserved.


Art. 10 Benefits on the Internet

1 The information and the communication or transaction services offered on the Internet must be accessible to people with disabilities of speech, hearing, vision or disability. To this end, the sites must be developed in accordance with international computer standards, in particular the guidelines governing the accessibility of Internet pages, as enacted by the World Wide Web Consortium (W3C) and, in the alternative, National standards.

2 The following administrative units and bodies shall adopt the necessary directives:

A.
The Information Technology Board provided for in s. 11 of the September 26, 2003 Order on Informatics in the Federal Government 1 And the Federal Chancellery, for administrative units under Art. 2, para. 1, LOGA 2 ;
B.
The bodies responsible for administrative units, organisations and undertakings under Art. 2, para. 3 and 4, LOGA and the organizations and undertakings holding a federal franchise, for their respective fields of activity.

3 The guidelines are developed in collaboration with the disability assistance organizations and professional organizations that specialize in informatics and communication. They are periodically updated according to the technical progress made in the branch.


1 [ RO 2003 3687 , 2007 3401 art. 22, para. 2, 2010 635 Annex, c. 2, 2011 4491. RO 2011 6093 art. 29, para. 1]. Currently: O du 9 Dec. 2011 (RS 172.010.58 ).
2 RS 172.010

Art. 11 Special measures for people with disabilities of speech, hearing or vision

(art. 14, para. 1, LHand)

Administrative units, organisations and enterprises according to Art. 2 LOGA 1 Shall, at the request of a person with a disability of speech, hearing or sight, take the necessary measures to ensure that those responsible for the person's file are able to communicate with the person with a disability. These measures must be taken within a time frame that takes into account the urgency of the case and the circumstances.


Section 6 Measures in the field of Confederation personnel

(art. 13 LHand)

Art. 12 Adapting the business environment

1 The employer shall take the necessary measures to adapt the professional environment to the needs of its employees with disabilities, in particular by:

A.
Work premises;
B.
The workstation;
C.
Working hours;
D.
Opportunities for professional development;
E.
The career plan.

2 It takes the necessary steps to develop its internal computer networks (Intranet) in accordance with the principles set out in s. 10, para. 1.

Art. 13 Delegate for the integration of persons with disabilities

The employer designates, among the members of its staff, a person advising him and the disabled employee on matters relating to the integration of persons with disabilities in the professional environment.

Art. 14 Motivation for a refusal to hire

A person with a disability who has reason to believe that his/her application has not been selected because of his/her disability may require the employer to indicate in writing the grounds on which the application has been screened out.

Art. 15 Coordination

The Federal Office of Personnel coordinates the implementation of personnel policy measures taken to ensure the equality of persons with disabilities in headquarters.

Section 7 Financial assistance

Art. 16 Special programs for people with a disability of speech, hearing or vision

(art. 14, para. 3, LHand)

1 The Confederation may grant financial aid to the cantons which, within the framework of basic education:

A.
Take the necessary personal and organizational measures to ensure that children and adolescents with disabilities of speech, hearing or vision are able to attend classes in regular classes;
B.
Provide non-disabled children and adolescents with speech, hearing or sight instruction in sign language or Braille writing.

2 It may grant financial aid to non-profit organisations and institutions of national importance which:

A.
Provide the necessary assistance to persons with disabilities of speech, hearing or sight so that they can communicate with each other and with other persons;
B.
Participate in the training of specialist assistants in communication with people with disabilities of speech, hearing or vision.

3 Aid is allocated to time-limited programmes.

Art. 17 Programmes for the integration of persons with disabilities

(art. 16, para. 3, LHand)

1 The Confederation may allocate financial aid in particular to time-limited programmes:

A.
Have a strong focus on practice;
B.
Whose impact continues beyond the duration of the aid payment;
C.
Which are specific to promoting cooperation with other organisations;
D.
That allow for linkage with other programs, or
E.
That are experimental in character.

2 It may also allocate aid in order to:

A.
To develop bases for the programmes;
B.
Evaluate existing programs;
C.
Promote awareness-raising work.
Art. 18 Pilot projects to promote professional integration

(art. 17 LHand)

1 The Confederation may allocate financial aid in particular to time-limited projects:

A.
Enabling people with disabilities to be integrated into work processes;
B.
To keep people at risk of a disability in their jobs;
C.
Which promote the development of workplaces for persons with disabilities in enterprises;
D.
To experiment with forms of collaboration between people with disabilities and people without disabilities.

2 Financial assistance is allocated to a project only:

A.
If it has an impact that continues beyond the duration of the aid payment;
B.
It is particularly well suited to the recipient organization or business, or
C.
If it is experimental.
Art. 19 Clean Contribution

Financial aid within the meaning of this order shall be paid only if the cantons, communities or organisations responsible contribute to the programmes or projects in question the contribution that can be expected from them.

Art. Filing requests

1 Requests for financial assistance within the meaning of this Order must be filed with the FEH.

2 The BFEH fixes the annual filing deadlines. 1

3 The following are attached to the request:

A.
A detailed description of the project that is the source of the request;
B.
A presentation of the objectives;
C.
A program for the implementation and dissemination of project results (transfer plan);
D.
An evaluation plan;
E.
A detailed quote and a funding plan;
F.
Any useful information about the organizations involved in the project;
G.
A run time schedule.

1 New content according to the c. I of the O of 28 Apr. 2010, effective from 1 Er June 2010 ( RO 2010 1737 ).

Art. Reviewing queries

1 The BFEH reviews requests for financial assistance. It can be used by specialists.

2 It pays particular attention to projects that take into account the specific needs of women with disabilities.

3 It may require that projects be adapted or coordinated with others.

Art. Fixing of the amount of financial aid

1 The amount of the financial assistance shall be, within the limits of the appropriations granted, proportionate to the expenditure or determined in a lump sum. If it is proportional to expenditure, a ceiling is set.

2 Financial assistance is allocated in the form of a single payment or in several instalments.

Art. Decision

The DFI is competent to allocate financial assistance. It may delegate this competence to the BFEH.

Art. 24 Monitoring and reporting

1 FEH oversees the execution of the project.

2 The applicant shall regularly inform the BFEH on the progress of the project and shall draw up a final report no later than three months after the completion of the work.

3 The BFEH shall issue instructions for the preparation of the report.

Art. 25 Project Evaluation

1 FEH reviews the applicant's assessment of the project.

2 It can be used by specialists.

Section 8 Final provisions

Art. 26 Amendment of the law in force

The amendment to the existing law is set out in Schedule 2.

Art. 27 Entry into force

This order shall enter into force on 1 Er January 2004.

Annex 1 1

(art. 5)

List of organizations that are qualified to act or to use

1.
AGILE.CH Disability organisations
2.
Ticinese Integrazione Andicap
3.
Pro audito schweiz
4.
Pro Nurse
5.
Procap
6.
Handicap Include
7.
Swiss Paraplegic Association (ASP)
8.
Swiss Federation of the Blind and Visually Impaired (FSA)
9.
Swiss Blind Union Blind and Visually Impaired (USA)
10.
Swiss Central Union for the Good of the Blind (UCBA)
11.
Swiss Association for Deaf and Hard of Hearing Organisations (Sonos)
12.
Foundation for a Built Environment for Persons with Disabilities
13.
Swiss Federation of the Deaf (SGB-FSS)
14.
Insieme Swiss Federation of Associations of Parents of mentally disabled people

1 New content according to the c. I of O du 4 Dec. 2015, in force since 1 Er Jan 2016 ( RO 2015 5561 ).


State 1 Er January 2016

Annex 2

(art. 26)

Amendment of the law in force

The following orders are amended as follows:

... 1


1 The mod. Can be viewed at RO 2003 4501 .


State 1 Er January 2016