# Ordinance on Occupational Health and Safety in the Cantonal Administration - Subject Matter (122.0.81) **Acronyms:** SGA **Jurisdiction:** CH-FR **Canonical URL:** https://legislator.ch/en/law/ch/fr/122.0.81/122-0-81-sga-ordinance-on-occupational-health-and-safety-in-the-cantonal-administration-su **Official Source:** https://fr.clex.ch/app/de/texts_of_law/122.0.81 ## Provisions ### Art. 1 Ordinance on Occupational Health and Safety in the Cantonal Administration - Subject Matter 1. This Regulation governs the implementation of a) the Industry Solution No. 48 "Safety and Health Protection at the Workplace in Cantonal Administrations" by the Swiss Coordination Commission for Occupational Safety EKAS (Industry Solution); b) specific industry solutions or standard solutions, provided they essentially meet the minimum requirements of the Industry Solution and have been approved by the Permanent Commission for the Promotion of Safety and Health Protection at the Workplace in Cantonal Administrations. ### Art. 2 Ordinance on Occupational Health and Safety in the Cantonal Administration - Scope 1. This regulation applies to the entire cantonal administration, including state institutions with their own legal personality. ### Art. 3 Ordinance on Occupational Health and Safety in the Cantonal Administration - Management System for Workplace Safety and Health Protection 1. To implement the sectoral solution within the cantonal administration, a Management System for Occupational Safety and Health Protection (OSH System) is introduced, which includes political principles, an organization, reference documents, as well as specific actions and measures. ### Art. 4 Ordinance on Occupational Health and Safety in the Cantonal Administration 1. The Office for the Labor Market and the Suva are the independent supervisory authority for the compliance with regulations concerning hygiene, safety, and health protection at the workplace in the State of Fribourg for the activities assigned to them by federal legislation. 2. The decisions, findings, and recommendations of the supervisory authority are communicated to the direct addressees and forwarded to the relevant actors involved in workplace safety and health protection as provided for by the regulation (safety and health protection actors). ### Art. 5 Ordinance on Occupational Health and Safety in the Cantonal Administration - State Council 1. The State Council determines the principles of policy and periodically sets the objectives of the SGA system. 2. ... ### Art. 6 Ordinance on Occupational Health and Safety in the Cantonal Administration - SGA Commission - Establishment 1. A permanent commission for the promotion of occupational safety and health within the cantonal administration is established (the OSH Commission). 2. The OSH Commission acts as a coordination body within the meaning of Sector Solution No. 48. 3. It is administratively assigned to the Department of Finance. ### Art. 7 Ordinance on Occupational Health and Safety in the Cantonal Administration - SGA Commission - Composition and Operation 1. The SGA Commission consists of the following members appointed by the State Council a) the head of the specialized unit pursuant to Article 10; this person acts as chair; b) the cantonal physician; c) the head of the building department; d) the cantonal chemist; e) the cantonal engineer; f) three staff representatives. 2. The three staff representatives, at least two of whom must be state employees, are selected in agreement with the recognized social partners. If no agreement is reached, the State Council decides based on the recommendation of its personnel management delegation. 3. The SGA Commission may invite, with an advisory voice a) contacts for workplace safety and health protection; b) members of committees for workplace safety and health protection; c) specialists in occupational safety recognized by federal legislation or other experts with specific expertise in the field of safety and health protection at the workplace; d) the cantonal officer for prevention and health promotion. 4. The SGA Commission may also assign specialists to examine specific problems. 5. The SGA Commission determines its working methods and establishes its budget. The person responsible for implementing the SGA system manages the commission's secretariat. ### Art. 8 Ordinance on Occupational Health and Safety in the Cantonal Administration - SGA Commission - Duties 1. The OSH Commission is the strategic body for the implementation of the OSH system. 2. The OSH Commission shall have the following specific tasks a) It proposes to the State Council the principles of policy and the objectives of the OSH system. b) It submits to the State Council the operating budget for the OSH system. c) It designates the administrative units with particular hazards. d) It proposes the implementation of measures in the areas of occupational safety, health protection, and health promotion. e) It establishes in the reference manual "Occupational Safety and Health Protection" (OSH Reference Manual) the powers, duties, and responsibilities of the heads of the administrative units, the OSH stakeholders, the personnel, and the individuals using the state infrastructures. f) It approves the OSH Reference Manual. g) It approves the specific industry solutions or standard solutions and coordinates them with the industry solution when necessary. ### Art. 9 Ordinance on Occupational Health and Safety in the Cantonal Administration - Heads of Administrative Units 1. The Heads of the Administrative Units are the Leaders of the OHS System. 2. As Leaders, they are responsible for the implementation of the OHS System in their administrative unit. They adapt the OHS Reference Manual issued by the OHS Commission to the specific needs of their administrative unit. 3. For administrative units that are in close proximity and exhibit similar risks, the Heads can, by mutual agreement, form a risk unit for rationalization purposes and to exploit synergies. However, each Head of an administrative unit remains individually responsible for the implementation of the OHS System in their own unit. ### Art. 10 Ordinance on Occupational Health and Safety in the Cantonal Administration - Competent Authority 1. The Office for Personnel and Organization is the specialized body responsible for safety and health protection at the workplace within the cantonal administration. The specialized body serves as the operational organ of the OHS Commission for the implementation of the OHS system. ### Art. 11 Ordinance on Occupational Health and Safety in the Cantonal Administration - Person Responsible for the Implementation of the OHS System 1. The expert department employs a specialist in occupational safety who meets the requirements of the Federal Ordinance of November 25, 1996, concerning the suitability of specialists in occupational safety, as the person responsible for the implementation of the OHS (Occupational Health and Safety) system (the OHS officer). 2. The OHS officer leads the OHS commission secretariat and coordinates the implementation of the industry solution in the cantonal administration. He or she is the contact person responsible for consultation, support, and promotion, as well as for analyses and proposals in the area of safety and the protection of physical and mental health in the workplace. ### Art. 12 Ordinance on Occupational Health and Safety in the Cantonal Administration - OHS Committee - Formation of Committees 1. In each administrative unit with specific hazards, a Workplace Safety and Health Protection Committee (WSHP Committee) shall be established. 2. If several administrative units with specific hazards have formed a risk unit in accordance with Article 9, paragraph 3, they may, by mutual agreement and with the consent of the person responsible for WSHP, form a joint WSHP Committee. 3. The WSHP Committee is responsible for the proper implementation of measures ensuring the safety and health protection in the workplace for the personnel of the administrative or risk unit for which it was established. ### Art. 13 Ordinance on Occupational Health and Safety in the Cantonal Administration - ASG Committee - Composition 1. The ASG Committee is chaired by a staff member who is at least trained as a Safety Coordinator. 2. Additional members of the ASG Committee are a) the head of the administrative unit; in the case of a risk unit, one of the heads of the respective administrative units is designated by mutual agreement; b) staff members who possess industry-specific knowledge and experience in safety and health protection. 3. The members of the ASG Committee are designated by the head of the administrative unit, or in the case of a risk unit, by all the heads of the affected administrative units, following consultation with the person responsible for SGA. The appointment is approved by the appointing authority of the designated persons. ### Art. 14 Ordinance on Occupational Health and Safety in the Cantonal Administration - Contact Persons for Safety and Health Protection 1. In administrative units without specific hazards, a contact person for safety and health protection at work (SHP contact person) is appointed. 2. If multiple administrative units without specific hazards have combined to form a risk unit according to Article 9, paragraph 3, they may designate a contact person by mutual agreement and with the consent of the person responsible for SHP. 3. The SHP contact persons ensure the proper implementation of safety and health protection measures in the administrative or risk units for which they were appointed. They also serve as a liaison between the staff, the specialist unit, and the SHP commission. 4. The SHP contact persons are designated by the head of the administrative unit, or in the case of a risk unit, by all the heads of the affected administrative units, after consulting the person responsible for SHP. They are selected based on their industry-specific knowledge and experience in the field of safety and health protection. ### Art. 15 Ordinance on Occupational Health and Safety in the Cantonal Administration - Delegates for Safety and Health Protection 1. A delegate for safety and health protection is designated for a decentralized department of an administrative unit (the S&H Delegate). 2. If a risk unit is formed, an S&H Delegate is designated per affected administrative unit. Additionally, an S&H Delegate may be designated who is responsible for the safety of the buildings in which the risk unit is located. 3. The S&H Delegates are the contact persons in their department for questions related to workplace safety and health protection. They support the H&S Committee or the S&H contact person in implementing the S&H system within their department. 4. The S&H Delegates are designated pursuant to Article 14, paragraph 4. They report directly to the H&S Committee or the S&H contact person. ### Art. 16 Ordinance on Occupational Health and Safety in the Cantonal Administration - Powers, Duties, and Responsibilities 1. Unless otherwise provided in this regulation, the powers, tasks, and responsibilities of the SGA actors are defined in the reference manual issued by the SGA Commission and in the specific manuals of the individual administrative units. ### Art. 17 Ordinance on Occupational Health and Safety in the Cantonal Administration 1. The heads of the administrative units, all SGA actors, and the staff must complete the training designated for them. 2. The specialist office enrolls the participants for the mandatory courses. ### Art. 18 Ordinance on Occupational Health and Safety in the Cantonal Administration **1. Employees can report violations of regulations concerning workplace safety and health protection to a safety and health protection (SHA) representative of their choice.** 2. This representative handles the report. They inform the employee, in writing if necessary, about the subsequent procedure. 3. The possibility remains reserved to report directly to the supervisory authority in accordance with federal legislation. ### Art. 19 Ordinance on Occupational Health and Safety in the Cantonal Administration - Legal Remedies **1. If employees are not satisfied with the measures taken in response to their reports, they may request a formal decision from the employing authority, which will determine that they are affected by a violation of the regulations concerning workplace safety and health protection.** **2. The employing authority shall obtain the opinion of the SGA Commission before issuing its decision.** **3. The decision of the employing authority may be appealed according to Articles 132 and 133 of the Civil Service Act of October 17, 2001 (StPG).** ### Art. 20 Ordinance on Occupational Health and Safety in the Cantonal Administration 1. This regulation shall enter into force on 1 May 2007.