REGULATION on accident insurance for the staff of the Canton of Vaud (RAPers) - [ 4 ] (RAPERS)

1. Personnel employed by the Canton of Vaud, including in particular that of the University of Lausanne, the Cantonal Establishment for Insurance against Fire and Natural Hazards, is insured in accordance with the Federal Act on Accident Insurance [A] with

a. the Swiss National Accident Insurance Fund (SUVA): for the Department of Infrastructure as a whole, the Water, Soil and Sanitation Department, the Forests, Wildlife and Nature Department, the property management offices of the Property Management and Procurement Department, the management of the arsenals;

b. the Vaud Cantonal Health and Accident Insurance Fund (Caisse vaudoise): for other departments, administrative units or state-owned enterprises;

c. In relations with beneficiaries, the Caisse vaudoise represents the insurer(s) which allocate, in accordance with Article 70, paragraph 2, LAA, the benefits it does not provide itself; if the legal situation does not permit this, it notifies the beneficiaries.

2. By special decision, the Council of State may subject the personnel of other establishments and corporations, endowed with legal personality, to the same insurance conditions as state personnel.

1. Every person whose degree of activity is not permanently less than 28 percent is insured against non-professional accidents.

1. Premiums for insurance against non-occupational accidents are the responsibility of the insured up to the amount of the lowest premium between the Vaudoise Fund or SUVA, according to Article 115 OLAA [B]; the balance of the premium is borne by the State or by the employer according to the first article.

2. The State bears the full premium for apprentices and persons equated with them by law, to the extent that the Vaud law of September 19, 1990, on vocational training [E] obliges it to do so.

1. The service that hires an intern, a volunteer, or a person preparing for a career choice or working in a trade school, sheltered workshop, or rehabilitation center must ensure to collect from the insured the non-professional accident insurance premium within the limits of Article 3.

2. The spouse or registered partner of the official or employee who, under the engagement conditions of the latter, must participate in their activity without entitlement to compensation, is considered equivalent to a volunteer according to paragraph 1.

1. Upon the expiration of all or part of his or her obligation to mandatory federal insurance or the extension of 180 days provided for in Article 3, paragraph 3, LAA [A], any individual insured with one of the insurers mentioned in Article 1 may enter into an accident insurance contract with the Caisse Vaudoise, which guarantees coverage transfer without age limit and without reservation; the request must be submitted before the end of the affiliation with the federal insurance.

1. In addition to their obligations towards the insurer, any insured individual who is the victim of an occupational accident or illness, or a non-occupational accident, must immediately report it to their direct superior, the head of service, or the authority they are accountable to; they must provide all relevant information about the circumstances of the accident, benefits from other insurances they may be entitled to, and their rights against any potentially liable third party. In the event of death, these obligations fall upon their beneficiaries.

2. The authority or superior must immediately inform the Department of Finance (Financial Administration Service).

3. The Financial Administration Service, in collaboration with the General Secretariat of the Department of Finance and, if necessary, the Justice and Legislation Service, takes the necessary measures to safeguard the rights of the State.

1. The State collects the daily allowances owed to the insured as long as it pays all or part of their salary in accordance with Article 57 of the statute or according to the decision of the Council of State regarding salary payment in the event of absence due to illness or accident of staff employed under a private law contract.

1. The State is subrogated to the rights of the insured or their beneficiaries against a liable third party to the extent of the benefits remaining at its expense (salary paid; compensation under Article 70 of the statute), insofar as its benefits, combined with those of other insurances to the payment of which the State has contributed and with the compensation due from the liable third party, exceed the damage.

1. The State, in its capacity as an employer, is represented by the Department of Finance (Financial Administration Service).

2. All decisions must be communicated to the Financial Administration Service (art. 99 LAA) [A]; insofar as the decision concerns an insured party, it must also be communicated to the service, the superior, or the authority upon whom the insured party depends.

3. The Financial Administration Service, in collaboration with the General Secretariat of the Department of Finance and, if applicable, the Service of Justice and Legislation, exercises the rights of opposition and appeal according to articles 105 et seq. LAA.

1. The Tripartite Staff Insurance Commission, composed of three representatives of the State, three representatives of the staff, and three consultants from outside the State,

a. ensures the uniform application of legislation on accident insurance within the cantonal administration;

b. ensures that staff are informed;

c. in the event of a dispute, hears the insured person at their request and, if necessary, proposes conciliation;

d. is informed of cases of annuity buy-back (Art. 35 LAA [A]) and reduction and refusal of insurance benefits (Art. 36 et seq. LAA).

2. A representative of the insurers attends commission meetings upon request; they provide the necessary information within the limits of Articles 102 LAA and 122 et seq. OLAA [B].

1. This regulation shall enter into force on 1 January 1984.

2. The following are hereby repealed

- the order of 29 December 1953 on the insurance of State personnel against occupational accident and illness risks;

- the order of 16 January 1970 regulating the consequences of non-occupational accidents of cantonal administration personnel;

- the decision of the Council of State of 28 December 1954 on the insurance of State personnel against occupational accident and illness risks;

- numbers 6 and 7 of the decision of the Council of State of 13 February 1953 for cases of tuberculosis;

- the instructions of the Department of Finance of 27 December 1971 concerning declarations to the Personnel Office of occupational and non-occupational accidents.

3. The aforementioned orders and decisions, in force until 31 December 1983, shall nevertheless remain applicable to occupational illnesses and accidents that occurred before that date.