Ordinance 3 of August 18, 1993, relating to the Labor Law (OLT 3) - Purpose and Scope of Application (ARGV3)

This ordinance determines the health protection measures that must be implemented in all enterprises subject to the law. The measures for the prevention of occupational accidents and diseases referred to in Art. 82 of the Federal Law of March 20, 1981, on Accident Insurance do not fall within the scope of this ordinance.

The employer is required to issue all directives and take all necessary measures to ensure and improve the protection of physical and mental health. In particular, they must ensure that: a. in terms of ergonomics and health protection, working conditions are good; b. health is not impaired by physical, chemical, or biological influences; c. excessive or overly repetitive efforts are avoided; d. work is organized appropriately.

The health protection measures required by the authorities from the employer must be proportional in view of their impact on the building design and the organization of the enterprise.

The employer must ensure that the effectiveness of health protection measures is not compromised. The employer shall monitor these measures at appropriate intervals.

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

When evidence suggests that the activity carried out by a worker is detrimental to their health, a work-related medical investigation must be conducted.

The authorities may request the employer to submit a technical expert report when there are doubts that the health protection requirements are being met.

The employer shall ensure that all workers employed in his enterprise, including those from a third-party company, are sufficiently and appropriately informed of the potential physical and psychological risks to which they are exposed during the performance of their activities and instructed on health protection measures. This information and instruction must be provided upon entry into service as well as at each significant change in working conditions; they must be repeated if necessary.

The employer shall ensure that workers comply with the health protection measures.

The information and instruction must take place during working hours and cannot be charged to the workers.

Workers, or their representatives within the enterprise, must be consulted sufficiently early and comprehensively on all matters concerning health protection.

They have the right to make proposals before the employer makes a decision. The employer must justify their decision when they do not consider or only partially consider the objections and proposals of the workers or their representatives within the enterprise.

Workers, or their representatives within the enterprise, must be appropriately involved in investigations and visits made by authorities. The employer must inform them of the requirements put forward by these authorities.

The employer regulates the competencies regarding health protection within his enterprise. If necessary, he assigns specific health protection tasks to capable workers. These workers must not suffer any disadvantages as a result of the activities concerned.

When the employer assigns certain health protection tasks to a worker, he must provide appropriate training, ensure their advancement, assign them specific competencies, and give clear instructions. The time required for training and advancement is generally considered as working time.

Assigning such tasks to a worker does not absolve the employer from his obligations to ensure health protection.

When specialists in occupational safety within the meaning of the implementation provisions of Art. 83, para. 2, of the Federal Act of 20 March 1981 on Accident Insurance intervene, they must also ensure compliance with health protection regulations as part of their activities.

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When workers from multiple enterprises are working at the same workplace, their employers must agree on arrangements to ensure compliance with health protection regulations and order the necessary measures. They are obligated to inform each other and their respective workers about the risks and the measures taken to prevent these risks.

The employer must explicitly draw the attention of a third party to the health protection requirements within the company when mandating them for the company to: a. design, construct, modify, or maintain work equipment, buildings, and other structures; b. supply work equipment or materials hazardous to health; c. plan or design work processes.

When an employer has workers in their enterprise whose services are leased to another employer, they have the same health protection obligations towards them as they do towards their own workers.

The worker is obliged to follow the employer's directives regarding health protection and to observe generally recognized rules. In particular, he must use individual protective equipment and refrain from compromising the effectiveness of protective measures.

When a worker notices defects that compromise health protection, he must immediately rectify them. If he is unable to do so or is not authorized to do so, he must promptly notify the employer.

The exterior walls and the roof must provide sufficient protection against weather conditions. If necessary, interior walls and floors shall be insulated against moisture and cold.

The construction materials used must not be detrimental to health.

Every worker employed in work premises must have a minimum air volume of 12 m³; this air volume shall be at least 10 m³ when artificial ventilation is sufficient. The authorities shall prescribe a greater air volume when required by hygiene.

Inside buildings, ceilings and walls must be constructed in such a way that they are easy to clean and that dust and dirt settle on them as little as possible.

Floor coverings must produce low amounts of dust, be resistant to dirt, and easy to clean. If experience shows that liquids may be spilled on them, rapid drainage must be ensured, and dry areas should be arranged for workers whenever possible.

When the technical production conditions allow, floor coverings should be made of materials that are poor conductors of heat. If only certain workstations are occupied permanently, this type of flooring need only be installed in those areas.

The floor must be thermally insulated when the temperature below the work area can be significantly lower or higher than in the work area.

The premises, workstations, and passageways inside and outside buildings must have adequate natural or artificial lighting suitable for their use.

Workplaces must be naturally lit and equipped with artificial lighting that ensures visibility conditions (uniformity, glare, light color, color spectrum) appropriate to the nature and demands of the work.

Premises without natural lighting can only be used as workspaces if specific construction or organizational measures ensure, overall, compliance with health protection requirements.

All premises must be adequately ventilated, either naturally or artificially, depending on their use. The temperature of the premises, the air speed, and the relative humidity must be calculated and adjusted in relation to one another in such a manner that the climate of the premises is suitable for the nature of the work and is not detrimental to health.

In naturally ventilated premises, facade windows and skylights must be arranged to allow for a slight permanent ventilation and a rapid renewal of air.

In artificially ventilated premises, the supply and exhaust of air must be adjusted in relation to each other and adapted to the nature of the work and the type of operation. It is important to avoid uncomfortable draughts.

When required for the health of workers, ventilation systems must be equipped with an alarm system to signal any malfunction.

Any deposits or dirt likely to cause air pollution must be eliminated.

Ventilation ducts must be equipped with easily accessible inspection and cleaning openings and, if necessary, with connections for the supply and evacuation of rinsing water.

When the air contains odors, gases, vapors, mists, fumes, dust, shavings, or other similar pollutants at levels that render it harmful to health, it must be efficiently extracted as close as possible to the source of pollution. If necessary, this source shall be placed in a separate room.

If necessary, the air extracted by suction shall be replaced by fresh air. This fresh air must, if needed, be sufficiently heated and humidified.

The air extracted by suction may only be reintroduced into the premises if this operation does not harm the health of the workers.

Workers must be protected against any excessive sunlight and any excessive heat radiation caused by operational facilities or work processes.

When work must be carried out in unheated premises, in partially open buildings, or outdoors, essential measures to protect workers against cold and adverse weather conditions must be taken. In particular, it is important, as much as possible, to ensure that each worker can warm themselves at their workstation.

Noise and vibrations must be avoided or mitigated.

For the protection of workers, it is particularly important to: a. take measures regarding the construction of buildings; b. implement measures concerning operational facilities; c. perform soundproofing or isolation of noise sources; d. adopt measures concerning the organization of work.

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

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

Permanent workstations must be designed to allow workers to assume a natural body posture. Seats must be comfortable and suited to the work being performed as well as to the worker. If necessary, armrests and footrests shall be installed.

Workstations should be arranged to enable workers to work, if possible, while seated or alternatively sitting and standing. Individuals required to work standing up must have access to seats that they can use occasionally.

Workstations must be arranged such that neighboring facilities or storage areas do not harm the health of the workers; to this end, appropriate measures, such as installing protective walls or setting up workstations in separate rooms, must be taken.

Workers must be able to enjoy a view outside from their permanent workstation. In premises without windows in the facade, the establishment of permanent workstations is only permitted if particular construction or organizational measures ensure that health protection requirements are comprehensively met.

The employer shall maintain an inventory of the substances and preparations used in their company in accordance with the Chemical Products Act of 15 December 2000. They shall conduct an assessment of the dangers and risks linked to the activities carried out with these chemical products. To this end, they may voluntarily use the information and documentation system provided for in Art. 85, para. 1, let. g, of Ordinance 1 of 10 May 2000 relating to the Labor Law.

They shall take all appropriate, necessary, and reasonably enforceable measures, based on the state of the art, to ensure the prudent use of chemical products within their company as well as the protection of workers. To achieve this, they shall proceed in the following order of priority (STOP principle): a. substitute hazardous chemical products; b. implement technical measures; c. implement organizational measures; d. provide personal protective equipment.

The employer shall take appropriate organizational measures and provide suitable equipment, including mechanical devices, to prevent workers from having to move loads manually. When the movement of loads can only be carried out manually, appropriate means must be provided and used for lifting, carrying, and transporting heavy or bulky loads to allow for safe handling and to preserve health. The employer must inform the workers of the risks associated with moving heavy or bulky loads and how to correctly lift, carry, and transport loads. The employer must inform the workers of the weight of the loads and their distribution.

The use of surveillance or control systems intended to monitor the behavior of workers at their workplace is prohibited.

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

If technical or organizational measures do not allow, or only partially allow, the prevention of health risks, the employer must provide employees with personal protective equipment that must be effective and whose use can be reasonably required of the employees. The employer must ensure that they can be used at all times in accordance with the intended purpose.

Personal protective equipment is, in principle, intended for personal use. If circumstances require the use of personal protective equipment by multiple people, the employer must take the necessary measures to maintain health protection.

When multiple personal protective equipment is required simultaneously, the employer shall ensure that they are compatible and that their effectiveness is not compromised.

When work clothing is heavily soiled by foul-smelling substances or other materials used in the enterprise, the employer shall be responsible for cleaning them at appropriate intervals.

The provisions applicable to the arrangement and use of work premises shall also apply, by analogy, to changing rooms, showers, washbasins, toilets, dining areas, recreational rooms, and infirmaries.

All installations mentioned in para. 1 must be maintained under impeccable health protection conditions.

Changing rooms, washbasins, showers, and toilets shall be arranged separately for men and women. At a minimum, separate use of these installations shall be provided.

Adequate and suitable facilities shall be made available to workers to allow them to change clothes and store their garments. These changing rooms shall be arranged in premises exclusively reserved for this purpose and, if possible, adequately ventilated.

Each worker shall have access to either a sufficiently spacious and ventilated wardrobe or an open closet and a locker that can be locked. If necessary, work clothes must be capable of being dried and stored in such a way as to be kept separate from street clothes.

Appropriate washbasins, generally equipped with hot and cold water, as well as suitable cleaning products, shall be made available to workers near the workstations and changing rooms.

Appropriate showers with hot and cold water must be installed in sufficient numbers near the changing rooms when workers perform dirty work or are exposed to intense heat.

If the showers or washbasins are separate from the changing rooms, these facilities must be easily accessible to each other.

Workers must have access to a sufficient number of toilets near workstations, rest areas, changing rooms, and showers or washbasins.

The number of toilets shall be based on the number of workers simultaneously employed in the company.

The toilets shall be adequately ventilated and separated from the work areas by ventilated vestibules.

Appropriate facilities and materials for washing and drying hands must be located near the toilets.

In case of need, particularly when working night shifts or in teams, workers must have access to adequate and quiet canteens and break rooms; these should, if possible, be naturally lit, face the outside, and be separate from the workstations.

If the nature of the work requires the presence of workers in the work premises even during breaks, adequate seating must be provided for them.

If necessary, rest areas must be arranged.

When workers are required to regularly and frequently be on call and no rest facilities are available, other rooms must be made available for them to stay in.

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

Potable water shall be made available near the workstations. When required by the working conditions, workers must also be able to obtain other non-alcoholic beverages.

The potable water and other beverages shall be distributed in accordance with health protection regulations.

The employer may limit or prohibit the consumption of alcoholic beverages.

The necessary means for first aid must be permanently available, taking into account the risks arising from the operation, the size, and the location of the enterprise. First aid equipment must be easily accessible and available in all places where working conditions require it.

If necessary, suitably located and equipped infirmaries shall be provided, along with personnel who have received medical training. The premises intended for the infirmary must be easily accessible with stretchers.

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

Buildings, premises, warehouses, passageways, lighting, exhaust, and ventilation systems, workstations, operational installations, protective equipment, and sanitary facilities must be kept clean and in good working order. Facilities, devices, tools, and other necessary means for cleaning and maintenance must be available.

The State Secretariat for Economic Affairs may develop guidelines concerning health protection requirements.

Before issuing guidelines, it shall consult the Federal Labor Commission, the cantonal authorities, the Federal Coordination Commission for Occupational Safety, and other interested organizations.

If the employer complies with the guidelines, they are presumed to have fulfilled their health protection obligations. However, they may also fulfill these obligations in another manner if they prove that occupational health protection is guaranteed.

Authorities may, upon the written request of the employer, authorize, in each specific case, deviations from the provisions of this ordinance when: a. the employer takes another equally effective measure; or b. the application of the provision would lead to excessive hardship and the deviation does not compromise the protection of workers. Before submitting their request, the employer must give the affected workers or their representatives within the company the opportunity to express their views on this subject. The employer must communicate the result of this consultation to the authority.

Ordinance III of March 26, 1969, concerning the enforcement of the Federal Act on Work in Industry, Handicrafts, and Commerce (Hygiene and Accident Prevention in Industrial Enterprises) is repealed.

This Ordinance shall enter into force on October 1, 1993.