Ordinance on Occupational Safety and Health Protection - Purpose and Scope

1. This Regulation governs the principles of occupational safety and health protection.

1. For the purposes of this regulation, the term "directorates" shall also include the State Chancellery, the Cantonal Court, and the Ombudsman's Office.

2. For the purposes of this regulation, the term "departments" shall also include the first-instance courts, the law enforcement authorities, and the schools of the canton.

1. The Finance and Church Directorate (FKD) enters into a service agreement with the Basel-Landschaft Building Insurance (BGV) regarding occupational safety and health protection.

1. The Service Agreement specifies the services of the BGV, their remuneration, and the collaboration between the Center for Occupational Safety and Health Protection and the Canton.

2. The Service Agreement specifically regulates

a. the services of the BGV (in particular, the detailed duties of the Center for Occupational Safety and Health Protection);

b. the remuneration for these services;

c. the involvement of the FKD in the appointment of the head of the Center.

1. The Office for Occupational Safety and Health Protection, in collaboration with the departments, directorates, and their employees, ensures the prevention, maintenance, and promotion of occupational safety and health protection as well as technical safety.

2. Essentially, it has the following tasks

a. It acts as a coordination and information center and ensures synergies;

b. it advises the government, directorates, departments, professionals, and safety officers;

c. it conducts analyses, evaluates statistical results, and submits recommendations for improvements and proposals for setting objectives;

d. it leads and organizes working groups;

e. it prepares an annual report for the government;

f. it coordinates conceptual training and further education, assumes it as far as possible, and involves specialists from the canton;

g. it provides technical support in the creation of work regulations and work instructions;

h. it ensures the implementation of controls;

i. in the event of possible membership of the canton in an industry solution, it is intended to coordinate the implementation and represent the canton in inter-cantonal bodies.

3. The performance agreement specifies these tasks.

1. If the specialist unit detects immediate dangers or risks while exercising its functions, it must order proportionate and temporary immediate measures and may require any person to temporarily cease their work activities in whole or in part if these activities are associated with an immediate danger or risk. In such cases, the specialist unit must immediately contact the responsible supervisors and the head of the department.

2. If the specialist unit identifies a violation that does not require immediate intervention while executing its mandate, it collaborates with the competent department to prepare a proposal for a solution.

3. If no solution is found despite continuous non-compliance with regulations, the specialist unit informs the directorate and, if necessary, the labor inspectorate.

4. With the mandate of the FKD, the specialist unit may represent the canton in dealings with third parties.

1. The management of the specialist department collaborates directly with all professionals and supervisors of the canton. The employees of the canton are responsible for properly informing their supervisors.

2. It must involve the canton's employees entrusted with accident prevention, occupational safety, and health protection in fulfilling their duties ex officio.

1. All cantonal provisions regarding confidentiality and data protection shall apply mutatis mutandis to the specialist office and the persons commissioned by it.

1. The activities of the Office for Occupational Safety and Health do not relieve the directorates, departments, and their employees in any way of their duty of care and the obligation to maintain technical safety.

1. In the departments, a Safety Officer (SIBE) is appointed.

2. The SIBE have the following duties

a. If hazards or risks occur, they act according to § 13 of this regulation;

b. they report the causes of accidents and material damages to the specialist department;

c. they keep the documents of the safety and health protection manual at the workplace up to date;

d. they are responsible for the practical organization of emergency measures and first aid;

e. they serve as the link between the employees on one hand and the specialist department on the other; additionally, they are the contact person for the employees;

f. they motivate the employees in the areas of occupational hygiene and safety;

g. they participate in training and further education.

3. The job descriptions of the SIBE are created or supplemented in the ordinary process with professional support from the specialist department according to the respective tasks.

1. Implementation of measures is the responsibility of the departments. They are accountable for ensuring the protection of all employees within their area.

2. They ensure compliance with regulations as well as the decisions and recommendations of supervisory authorities within their area.

3. In collaboration with the specialized unit and the safety officers, they ensure adequate information is provided to all employees within their area.

4. They work towards a reduction in the number of accidents and occupational illnesses and participate in preventive measures.

1. Employees participate in the implementation of the regulations and comply with them.

2. They may

a. inform the safety officers about observed violations of prescribed protective measures;

b. report irregularities or defects to the safety officers that threaten hygiene, safety, or health protection;

c. submit applications or proposals to the safety officers for the improvement of hygiene, safety, and health protection in their field of activity.

1. If safety officers identify immediate dangers or risks, they are to order proportionate and temporary immediate measures and may require any person to partially or entirely cease their work activity if it is associated with an immediate danger or risk. In such cases, they must immediately contact the responsible supervisors and the department management.

2. If safety officers identify dangers or risks that do not necessitate immediate intervention, they pass the case on with a statement from the specialist unit. The specialist unit, in collaboration with the administration's specialists and the department, develops a proposed solution and then submits it to the department.

3. If the danger or risk is not resolved and no solution can be found, the specialist unit informs the directorate and, if necessary, the labor inspectorate.

1. The Government Council Ordinance of August 24, 1976, for the Commission for the Promotion of Accident Prevention and Technical Safety in the Cantonal Administration (Safety Commission) is hereby repealed.

1. This regulation shall enter into force on January 1, 2003.