Protecting Your Workforce: Navigating Swiss Health and Safety Regulations

As organisations increasingly encourage employees to return to office environments, it presents a timely opportunity to reassess health and safety requirements within these settings. While Swiss health and safety regulations generally extend to home office arrangements, the physical return to traditional workplaces necessitates a renewed focus on ensuring optimal conditions for employee well-being. This article delves into the key requirements of the Ordinance 3 to the Employment Act, known as the Health Protection Ordinance, guiding employers in creating safe and conducive work environments.

General Principle

The Health Protection Ordinance mandates that employers must provide favourable working conditions, shield employees from health-impairing factors, prevent undue stress, and organise work effectively. Additionally, the ordinance specifies particular health protection standards. When implementing protective measures, considerations of necessity, technological advancements, and practicality in relation to operational conditions must be observed.

Buildings and Workspaces

Optimal working conditions are contingent upon the structural attributes of the workplace. Buildings and workspaces should offer protection from environmental elements such as cold and wind. Furthermore, workspaces must be adequately sized (a minimum of 10 square metres per employee) and provide ample fresh air, natural light, and an outdoor view.

Lighting, Indoor Climate, Noise, and Vibrations

Workplaces should ideally be naturally lit according to their intended use. For areas lacking daylight, employers must implement compensatory measures, such as artificial lighting or rotating workstations. Temperature settings should be appropriate for the nature of the work: moderate physical activity (16-19°C), standing or walking (18-19°C), and sedentary tasks (21-26°C). Employees' health must not be compromised by excessive noise or vibrations. Mechanical vibrations must be assessed to ensure they do not threaten health, well-being, or safety.

Workplaces

Workplaces and equipment must adhere to ergonomic standards, offering sufficient space for movement, comfortable seating, and the option to alternate between sitting and standing. Poor ergonomic conditions can lead to health issues, potentially resulting in administrative sanctions and contractual liability claims.

Handling Heavy Loads

Physical tasks involving heavy loads pose significant risks to the musculoskeletal system. The Health Protection Ordinance requires employers to implement preventive measures to mitigate these risks.

Employee Monitoring

Monitoring systems are permissible when justified by reasons other than behavioral surveillance. Such systems are allowed if there is a compelling interest (e.g., staff safety, performance evaluation, or product optimization), the monitoring is proportionate, and employees are involved in the process.

Personal Protective Equipment and Work Clothing

Primarily, employee health should be safeguarded through technical measures that do not rely on individual actions. Subsequently, organizational measures should be enacted. If these are insufficient to eliminate health risks, personal protective equipment (e.g., masks, suits, gloves, goggles) must be provided. Employers are also responsible for covering the costs of heavily contaminated work clothing when household cleaning is impractical.

Communal Areas

The requirements for communal areas vary based on operational conditions. In spaces accommodating more than 50 individuals simultaneously, at least two exits must be available per fire safety regulations. Companies with 10 or more employees must provide a dedicated break room. Employers must also ensure proper first aid provisions, including accessible first aid equipment and a comprehensive first aid plan. Pregnant and nursing employees should have access to suitable resting facilities.

Maintenance and Cleaning

Buildings and installations must be maintained in functional and hygienic conditions to comply with health protection regulations, ensuring that aging structures do not negatively impact working conditions, dust does not become a nuisance, and equipment wear does not hinder work. The working environment should be kept clean and well-maintained.

Consequences of Non-Compliance

If an employer violates the Employment Act provisions, the relevant cantonal authority will notify them and demand compliance. Failure to comply may result in administrative sanctions, including orders to cease operations or withdrawal of work permits. Additionally, employees may pursue legal action under contract law, seek remedies under the Civil Code, or, in certain cases, file tortious liability claims.

For further practical guidance, refer to the SECO guidelines on Ordinances 3 and 4 to the Employment Act (Link).

Need Assistance?

If you have company-specific questions regarding the implementation of health measures, please contact our international employment law team. We are here to assist you.