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RS 822.113 Order 3 of 18 August 1993 on the Labour Act (OLT 3) (Protection of health)

Original Language Title: RS 822.113 Ordonnance 3 du 18 août 1993 relative à la loi sur le travail (OLT 3) (Protection de la santé)

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822.113

Ordinance 3 on the Labour Law

(OLT 3)

(Health Protection) 1

18 August 1993 (State 1 Er October 2015)

The Swiss Federal Council,

Having regard to art. 6, para. 4, and 40 of the Act of 13 March 1964 2 On the work (law),

Stops:

Chapter 1 General provisions

Art. 1 Purpose and scope

1 This order determines health protection measures 1 Which must be taken in all companies subject to the law.

2 Measures to prevent accidents and occupational diseases referred to in Art. 82 of the Federal Act of March 20, 1981 on Accident Insurance 2 Do not fall within the scope of this order.


1 New expression according to c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ). This mod has been taken into account. Throughout the text.
2 RS 832.20

Art. 2 Principle

1 The employer is obliged to give all the directives and take all necessary measures to ensure and improve the protection of physical and mental health. In particular, it must ensure that: 1

A.
In the field of ergonomics and health protection, the working conditions are good;
B.
Health is not affected by physical, chemical or biological influences;
C.
Excessive or repetitive efforts are avoided;
D.
The work is organized in an appropriate manner.

2 The measures of health protection that the authorities require from the employer must be proportionate to the impact they have on the design of the building and on the organisation of the undertaking.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 3 Employer Specific Obligations

1 The employer must ensure that the effectiveness of health protection measures is not compromised. It will control the latter at appropriate intervals.

2 The employer must adapt the measures of health protection to the new working conditions in the event of modifications of buildings, parts of buildings, work equipment (machines, apparatus, tools and installations used in the Work) or work processes or in the case of the use of new materials in the undertaking. 1

3 Where evidence shows that the activity carried out by a worker is detrimental to his or her health, an investigation in the field of occupational medicine must be conducted.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 4 1 Technical expertise report

The authorities may ask the employer to submit a report of technical expertise where there are doubts that the health protection requirements are being met.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 5 Worker Information and Training

1 The employer shall ensure that all workers employed in his business, including those from a third-party undertaking, are adequately and appropriately informed of the potential physical and psychological risks to which they are exposed In the exercise of their activity and education of health protection measures. This information and instruction must be provided at the time of entry into service and every major modification of the working conditions; they must be repeated if necessary. 1

2 The employer ensures that workers comply with health protection measures. 2

3 Information and training must take place during working hours and cannot be carried out by workers.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).
2 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 6 1 Consultation of workers

1 Workers, or their representatives within the company, must be consulted early enough and in a comprehensive manner on all health protection issues.

2 They have the right to make proposals before the employer makes a decision. The employer must justify its decision when it does not take into account or take into account only part of the objections and proposals of the workers or their representatives in the undertaking.

3 Workers, or their representatives within the undertaking, must be involved in an appropriate manner in the investigations and visits made by the authorities. The employer must inform them of the requirements of the latter.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 7 Health protection skills

1 The employer regulates the health protection skills of the company. If necessary, it entruss specific tasks relating to the protection of health to capable workers. Such workers must not be adversely affected by the activities concerned.

2 When the employer entruss a worker with certain health protection tasks, he or she must properly train, develop, assign specific skills and give clear instructions to the worker. The time required for training and development is in principle regarded as working time.

2bis The assignment of such tasks to a worker does not relieve the employer of his obligations to ensure the protection of health. 1

3 Where occupational safety specialists within the meaning of the performance requirements of Art. 83, para. 2, of the Federal Act of 20 March 1981 on accident insurance 2 They must also ensure that health protection requirements are complied with as part of their activity.

4 ... 3


1 Introduced by ch. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).
2 RS 832.20
3 Repealed by c. I of O of 1 Er Apr 2015, with effect from 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 8 Multi-enterprise cooperation

1 Where workers from several companies are employed in the same workplace, their employers must agree on arrangements to ensure compliance with the requirements of health protection and order the necessary measures. They are obliged to inform each other and to inform their respective workers of the risks and measures taken to prevent them.

2 The employer must expressly draw the attention of a third party to the requirements of health protection within the undertaking when it gives it a mandate, for its business:

A.
Design, build, modify or maintain work equipment, buildings and other structures;
B.
Deliver work equipment or materials that are hazardous to health;
C.
Planning or designing work processes. 1

1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. Rental of services

When the employer occupies workers whose services he leases to another employer, he has the same health protection obligations to them as they do to their own workers.

Art. 10 Workers' obligations

1 The worker is required to follow the employer's health protection guidelines and to observe generally accepted rules. In particular, it must use the individual protective equipment and refrain from compromising the effectiveness of the means of protection.

2 When a worker finds defects that compromise health protection, he must immediately eliminate them. If the employer is unable to do so or is not authorized to do so, the employer must notify the employer without delay. 1


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Chapter 2 Special Health Protection Requirements

Section 1 Buildings and premises

Art. 11 Construction Mode

1 The exterior walls and roof must provide adequate protection from the weather. If necessary, interior walls and soils will be insulated against moisture and cold.

2 The building materials to be used shall not be harmful to health.

Art. 12 Volume of air

1 Every worker occupied in working premises shall have a minimum air volume of 12 m 3 ; this volume of air will be at least 10 m 3 When the artificial ventilation is sufficient.

2 The authorities prescribe a higher volume of air when required by hygiene.

Art. 13 Ceilings and walls

Inside buildings, ceilings and walls must be so constructed that they are easy to clean and that dust and dirt are laid down as little as possible.

Art. 14 Soils

1 Floor coverings have to produce little dust, be little salty and easy to clean. If the experiment shows that liquids can spread, their rapid flow must be assured and dry sites will be able to be arranged for the workers.

2 Where technical production conditions permit, floor coverings shall be made of poor heat conductors. When only certain workstations are permanently occupied, this type of coating should only be installed at these locations.

3 The soil shall be thermally insulated when the temperature prevailing below the working space may be significantly lower or higher than in that room.

Section 2 Lighting, local climate, noise and vibration

Art. 15 Lighting

1 The premises, workstations and passages inside and outside the buildings shall have sufficient natural or artificial lighting suitable for their use. 1

2 The work premises shall be naturally lit and equipped with artificial lighting ensuring conditions of visibility (uniformity, glare, colour of light, colour spectrum) adapted to the nature and requirements of the Job.

3 Premises without natural lighting can be used as a working space only if specific construction or organisation measures ensure, on the whole, compliance with the requirements for health protection.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 16 Climate of premises

All premises must be sufficiently ventilated, of course or artificially, according to their use. The temperature of the premises, the speed and the relative humidity of the air shall be calculated and settled in relation to each other in such a way that the climate of the premises is adapted to the nature of the work and is not detrimental to health.

Art. 17 Breakdown

1 In the rooms ventilated naturally, the windows in front and the zenithals must be arranged in such a way as to permit a slight permanent ventilation as well as a rapid renewal of the air.

2 In the artificially ventilated premises, the adduction and evacuation of air must be regulated in relation to the other and adapted to the nature of the work and the type of operation. It will be important to avoid annoying air currents.

3 Where the health of the workers so requires, the ventilation system shall be equipped with an alarm system indicating any failure.

4 Any deposit or soiling that may cause air pollution must be disposed of. 1

5 The ventilation channels shall be fitted with easily accessible control and cleaning openings and, if necessary, flushing and flushing connections.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 18 Air Pollution

1 When air contains odours, gases, vapours, mists, fumes, dusts, shavings, or other similar pollutants in a proportion that makes it harmful to health, it must be most effectively aspirated Potential source of pollution. If necessary, this source will be placed in a separate room.

2 If necessary, the exhaust air will be replaced by fresh air. It shall, if necessary, be sufficiently heated and humidified.

3 The exhaust air may be reintroduced to the premises only if this operation is not detrimental to the health of the workers.

Art. 19 1

1 Repealed by Art. 8 of the O of 28 Oct. 2009 on passive smoking, with effect from 1 Er May 2010 ( RO 2009 6289 ).

Art. Coincident and Heat Radiation

Workers must be protected against excessive sunlight and excessive calorific radiation caused by operating facilities or work processes.

Art. Work in unheated or outdoor spaces

Where work is to be carried out in unheated premises, in buildings partially open or in the open air, the measures necessary for the protection of workers against the cold and the weather must be taken. In particular, it is as important as possible to ensure that every worker can warm up at his or her work station.

Art. Noise and vibration

1 Noise and vibration must be avoided or combated.

2 For the protection of workers, it is particularly important to:

A.
Take action on building construction;
B.
Take action on operating facilities;
C.
To perform acoustic insulation or isolation of sources of noise;
D.
To take measures concerning the organisation of work.

Section 3 Workstations

Art. 1 General Requirements

Workstations and equipment must be designed and constructed in accordance with the principles of ergonomics. The employer and the workers shall ensure that they are used appropriately.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 24 Special Requirements

1 The free space around workstations must be sufficient to allow workers to move freely during their activities.

2 Permanent workstations must be designed in such a way as to allow workers to adopt a natural position of the body. Seats must be comfortable and suitable for the work to be done and the worker. If necessary, armrests and footrests will be installed.

3 Workstations shall be arranged in such a way as to enable workers to work, if possible, seated or alternately seated and standing. Those who are to work standing will have seats that they can use from time to time.

4 Workstations shall be arranged in such a way that the operating facilities or neighbouring depots are not detrimental to the health of the workers; to this end, appropriate measures should be taken, such as The installation of protective walls or the fitting of workstations in separate premises.

5 Workers must be able to benefit from the view on the outside from their permanent work station. In rooms without front windows, permanent work stations are permitted only if specific construction or organisational measures ensure that health protection requirements are generally met Respected.

Section 4 Expenses

Art. 25 1

1 The employer shall take appropriate organisational measures and shall make available the appropriate equipment, in particular mechanical devices, to prevent workers from having to move loads manually.

2 Where the displacement of loads can only be carried out manually, suitable means shall be made available and used for lifting, wearing and moving heavy or bulky loads to allow for handling That is safe and that preserves health.

3 The employer must inform workers of the risks associated with the movement of heavy or bulky loads and how to lift, carry and move loads properly.

4 It must inform workers of the burden and its distribution.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Section 5 Supervision of workers

Art. 26

1 It is prohibited to use monitoring or control systems to monitor the behaviour of workers at their work station.

2 Where surveillance or control systems are necessary for other reasons, they must, in particular, be designed and arranged in such a way as not to affect the health and freedom of movement of workers.

Section 6 Individual protective equipment and work clothes

Art. 27 Individual protective equipment

1 If technical or organisational measures do not, or only partially, prevent any harm to health, the employer must make available to the workers individual protective equipment which must be That the port may be reasonably required of the workers. They must ensure that they can be used at all times in accordance with their intended use. 1

2 Individual protective equipment is in principle intended for personal use. Where circumstances require the use of individual protective equipment by more than one person, the employer must take the necessary measures to ensure that the protection of health is maintained.

3 Where several individual protective equipment is required simultaneously, the employer shall ensure that they are compatible and that their effectiveness is not compromised.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 28 Working clothes

When working clothes are heavily soiled by foul-smelling materials or other materials used in the company, the employer will be responsible for cleaning them at appropriate intervals.

Section 7 Vestiaries, showers, washbasins, washrooms, refectories, living quarters and first aid

Art. General Requirements

1 The provisions applicable to the development and use of the working premises are also, by analogy, to changing rooms, showers, sinks, toilets, refectories, living quarters and infirmaries.

2 All facilities listed in para. 1 must be maintained under conditions of the protection of irreproachable health.

3 Cloakrooms, washbasins, showers and toilets will be arranged separately for men and women. At the very least, a separate use of these facilities will be planned.

Art. Vestiaries

1 A sufficient number of facilities adapted to the circumstances will be made available to the workers so that they can change and drop their clothing. These locker rooms will be set up in premises reserved exclusively for this purpose and, if possible, sufficiently ventilated.

2 Every worker will have either a sufficiently spacious and aerated wardrobe, an open wardrobe and a locked locker. If necessary, work clothes should be able to be dried and stored in such a way as to be separated from the city's clothing.

Art. Washrooms and showers

1 Appropriate washbasins, as a general rule of hot water and cold water, as well as adequate cleaning products will be made available to workers in the vicinity of work stations and changing rooms.

2 Suitable showers with hot water and cold water must be installed in sufficient numbers close to the changing rooms when the workers perform dirty work or are exposed to a high heat.

3 If showers or washbasins are separated from the locker rooms, they should be easily communicated to each other.

Art. 32 Washrooms

1 Workers must have a sufficient number of toilets in the vicinity of workstations, rest rooms, cloakrooms and showers or washbasins.

2 The number of toilets is a function of the number of workers employed simultaneously in the company.

3 The washroom will be sufficiently ventilated and will be separated from the work space by aerated vestibules.

4 Appropriate facilities and equipment for washing and drying hands should be located near the washroom.

Art. 33 Refectures and living quarters

1 In case of need, in particular when working at night or in teams, workers must be able to have adequate and calm refectories and living quarters; these must, if possible, be lit naturally, give out on the outside And be separated from workstations.

2 If the work requires the presence of workers in the working premises as during breaks, adequate seating must be made available to them.

3 Where necessary, rest spaces shall be provided.

4 When workers are regularly and frequently required to provide continuous service and there are no rest facilities, other rooms must be made available for them to stay there.

Art. 34 Protection of pregnant women and nursing mothers

Pregnant women and nursing mothers must be able to lie and rest under adequate conditions.

Art. 35 Drinking water and other beverages

1 Drinking water will be available in the vicinity of the workstations. Where the working conditions so require, workers must also be able to obtain other non-alcoholic beverages.

2 Drinking water and other beverages will be distributed according to the rules of health protection.

3 The employer may restrict or prohibit the consumption of alcoholic beverages.

Art. 36 First aid

1 The means necessary for the first aid shall be available on an ongoing basis, taking into account the dangers arising from the operation, the importance and the location of the undertaking. First aid equipment shall be readily accessible and available in all places where the working conditions require it. 1

2 If necessary, properly located and equipped infirmaries will be made available, as well as staff who have received health training. The premises intended for the infirmary must be easily accessible with stretchers.

3 The infirmary and the locations where the first aid equipment is located must be clearly marked.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Section 8 Maintenance and cleaning

Art. 1

1 Buildings, premises, warehouses, passages, lighting, suction and ventilation installations, workstations, operating facilities, protective equipment and sanitary facilities shall be Kept clean and in good working order.

2 Facilities, apparatus, tools and other means necessary for cleaning and maintenance must be available.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Chapter 3 Final provisions

Art. 38 Guidelines

1 The State Secretariat for the Economy 1 May develop guidelines for health protection requirements.

2 Before issuing directives, it will consult with the Federal Labour Commission, the cantonal authorities, the Federal Coordination Commission for Safety at Work and other interested organisations.

3 If the employer complies with the guidelines, the employer is presumed to have met its health protection obligations. However, it may otherwise be satisfied if it proves that the protection of health at work is guaranteed.


1 New name in accordance with Art. 22, para. 1, c. 9, of the O of 17 Nov 1999, in force since 1 Er Jul. 1999 ( RO 2000 187 ).

Art. 39 Authorizations to depart from requirements

1 The authorities may, at the written request of the employer, authorize exceptions to the requirements of this order in each case where: 1

A.
The employer takes such an effective measure; or
B.
The application of the requirement would lead to excessive rigour and that the derogation does not compromise the protection of workers.

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.


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).

Art. 40 1

1 Repealed by c. IV 39 of the O of 22 August 2007 on the formal updating of the federal law, with effect from 1 Er Jan 2008 ( RO 2007 4477 ).

Art. Repeal of the law in force and entry into force

1 Order III of March 26, 1969 1 Concerning the implementation of the Federal Labour Law in Industry, Crafts and Commerce (Hygiene and Accident Prevention in Industrial Enterprises) is hereby repealed.

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


1 [RO 1969 569, 1983 1968, art. 107, let. A]



RO 1993 2553


1 New content according to the c. I of O of 1 Er Apr 2015, in force since 1 Er Oct. 2015 ( RO 2015 1079 ).
2 RS 822.11


State 1 Er October 2015