REGULATION on the protection of occupational health and safety of employees within the Cantonal Administration (RSST) - Purpose and Object (RSST)

1. The State Council takes the necessary measures to protect the health and safety of employees at work within the Cantonal Administration (hereinafter: Administration).

2. The purpose of this regulation is to organize the protection of the health and safety of employees at work (hereinafter: HSE) within the Administration.

3. The management of workplace conflicts and the fight against harassment are subject to specific regulations.

1. This regulation applies to all services of the Administration, including the Vaud Judicial Order, concerning the latter with regard to employees subject to the personnel law.

2. It does not apply to the CHUV.

1. For the purposes of this regulation

a. occupational health and safety management system (hereinafter: OHS system): a management framework for the protection of employees' health and safety at work. The framework consists of a policy, an organization, standards, and specific measures;

b. industry solution: an organization that provides companies with a safety system specific to an industry sector, guarantees access to safety specialists, and offers training and other services.

1. The State Council defines the policy for the protection of health and safety of employees at work within the Administration and sets the objectives.

2. It decides on the types of solutions in accordance with the MSST directive to be implemented within the Administration and determines the available resources.

1. There is hereby established a Coordination Commission for the Protection of Health and Safety of Employees at Work within the Administration (hereinafter: H&S Commission).

2. It is administratively attached to the Personnel Service, which provides its secretariat.

1. The H&S Commission is composed of the following permanent members

a. the head of the Human Resources Department, who chairs it;

b. the cantonal physician;

c. the head of the Buildings, Heritage and Logistics Department;

d. a representative designated by each of the staff unions and umbrella associations recognized by the State Council;

e. a representative of the Staff Commissions jointly designated by them.

2. The permanent members designate the following as members of the H&S Commission

a. an occupational physician;

b. a representative of a department presenting particular risks;

c. a representative of a department with more than 500 employees.

3. The H&S Commission may at any time call upon experts and hear representatives of the departments.

4. The head of the H&S Unit established in Article 11 attends meetings and has an advisory vote.

1. The OSH Commission has the following responsibilities

a. at least every 5 years, propose to the State Council the transversal objectives of the OSH system;

b. submit an annual activity report, the dissemination of which is decided by the State Council;

c. adopt and promote benchmarks and best practices in matters of employee health and safety protection at work;

d. identify services, entities, and functions exposed to particular hazards within the meaning of the MSST directive;

e. ensure the relevance of the creation of risk entities;

f. approve the adherence of services to specific industry solutions;

g. specify the tasks and responsibilities of the actors involved in employee health and safety protection at work (hereinafter: OSH actors);

h. propose internal audits on employee health and safety protection at work to the head of department of the concerned entity, with a copy to the members of the State Council;

i. issue recommendations and ensure their follow-up.

1. The Health and Safety Commission meets in principle three times a year, upon convocation by its president, or at the request of at least two of its members.

2. It sits validly with at least five of its members present, including the president.

3. For the remainder, the Health and Safety Commission defines its internal organization.

1. The Head of Department is responsible for the implementation of the OSH system within their department for all employees working therein, including those from a third-party company. They apply the OSH system's standards for their department and ensure their compliance.

2. The Head of Department is accountable to the supervisory authorities established by federal law. They transmit reports from the supervisory authorities to the OSH Unit.

3. Where a sector-specific solution exists for their area of activity, the Head of Department may adhere to it, provided that the minimum conditions required by the OSH system are met.

4. Based on the methodology defined by the OSH Commission, they are notably responsible for ensuring that their department

a. identifies the hazards specific to its department;

b. evaluates the risks;

c. defines prevention measures;

d. organizes emergency response in case of risk occurrence;

e. provides the OSH Unit, established in Article 11, with all necessary information for establishing indicators to monitor the objectives of both the Administration and the sector-specific solution;

f. collaborates with other OSH stakeholders.

5. When several departments or administrative entities are in close geographical proximity or present similar risks, the Heads of the departments concerned may agree to constitute a single risk entity within the meaning of Article 7, paragraph 1, letter e.

1. The Human Resources Department ensures the implementation of the OSH system and is accountable for it to the State Council. To this end, it relies on the OSH Commission.

2. The Human Resources Department ensures that departments and employees can call upon specialists within the meaning of the MSST directive in order to

a. provide the Administration with collective prevention services;

b. provide the Administration's employees with individual prevention services;

c. offer advice and support services to Administration employees experiencing long-term work incapacity.

3. It may conclude agreements with external organizations.

1. The Human Resources Department has an OHS Unit which is the operational correspondent for the OHS Commission.

2. The OHS Unit's responsibilities include

a. providing technical support to the OHS Commission;

b. developing OHS monitoring indicators;

c. organizing transversal OHS prevention campaigns;

d. organizing mandatory training for OHS system stakeholders, as well as staff representatives who are members of the OHS Commission;

e. advising departments and employees on all OHS-related matters;

f. processing employee complaints as per Article 18;

g. under mandate from the OHS Commission: - conducting audits regarding employee health and safety at work, - intervening with department heads in case of non-compliance with OHS rules.

3. The OHS Unit may seek assistance from an expert to carry out its responsibilities.

1. Each head of service shall designate at least one health and safety correspondent for employees at work (hereinafter: HSC).

2. Where the service's activity is carried out across several geographical sites, the HSC shall, in principle, be supported by an employee active on each site or region, designated by the head of service.

3. Where several services have jointly constituted a risk entity within the meaning of Article 9, paragraph 1, letter e, the heads of service may agree, with the consent of the OHS Committee, to designate a common HSC.

4. The HSC shall notably have the following responsibilities

a. under the responsibility of their head of service, implement health and safety protection measures for employees at work specific to their risk entity;

b. raise awareness among and advise service employees on OHS matters;

c. ensure the exchange of information between the OHS Unit, the head of service, and the service's employees.

1. In each department or unit exposed to particular hazards within the meaning of the MSST directive, a Health and Safety Committee (hereinafter: HSC) is established.

2. When multiple departments or entities subject to specific risks have formed a risk entity, the department heads may, with the agreement of the Health and Safety Commission, agree to designate a single HSC.

1. The HSC is responsible for the compliant implementation of measures aimed at ensuring the protection of health and safety of employees at work, for the unit or entity for which it is designated.

2. The minutes and reports prepared by the HSC are systematically transmitted to the OHS Unit. The OHS Commission may request the minutes.

1. The Workplace Health and Safety Committee (WHSC) is chaired by the head of the service of the concerned entity or by a person designated by them. When the WHSC encompasses multiple services, it is chaired by one of the heads of the service or by a jointly designated person.

2. The WHSC is composed of at least one representative of the employer, one representative of the employees, and a representative from the Occupational Health and Safety Committee (CorSST). The WHSC may call upon experts at any time.

1. Employees carry out their activities under conditions that do not affect their health and are designed to ensure their safety.

2. Participants in the occupational health and safety (OHS) system spontaneously take the necessary measures to correct the defects they observe or are informed of, within the limits of their competencies.

1. When employees notice defects that compromise the protection of their health and safety, they inform the Health and Safety Committee (CorSST).

2. A defect is understood to be any failure of the employer to meet health and safety obligations for employees, including technical and organizational failures, except for conflicts and harassment, which are subject to specific regulations.

3. Under the responsibility of its service head, the Health and Safety Committee (CorSST) takes the necessary corrective measures.

1. When the head of the department does not act on the report of defects or when such defects are not rectified, the employee may file a complaint regarding the non-compliance with health and safety regulations at the workplace with the Occupational Health and Safety Unit.

2. The Occupational Health and Safety Unit processes the complaint and informs the Occupational Health and Safety Commission.

3. The Occupational Health and Safety Unit provides the employee with written notification of the action taken in response to the complaint.

1. The employee who, in good faith and in accordance with the procedure, reported a defect or filed a complaint shall not suffer any retaliation of any kind as a result of their action.

1. Employees are required to comply with the measures and regulations concerning health and safety at work.

1. The Department of Infrastructure and Human Resources is responsible for the execution of this regulation, which comes into force on January 1, 2017.