EKAS guideline

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The Federal Coordination Commission for Occupational Safety (EKAS) issues guidelines on behalf of the federal government to ensure occupational safety in Switzerland.

Legal significance of the EKAS guidelines

Legal basis

In the Accident Insurance Act (Article 85 UVG) in conjunction with the Ordinance on the Prevention of Accidents and Occupational Diseases (Articles 11b and 52a VUV), the legislature has given the EKAS the opportunity to issue guidelines. The EKAS made use of this and issued the guidelines listed below.

Meaning and purpose of EKAS guidelines

The purpose of the EKAS guidelines (see Article 52a Paragraph 1 VUV) is to ensure uniform and appropriate application of the regulations on occupational safety, i.e. H. to ensure the prevention of occupational accidents and diseases. The EKAS takes into account the relevant international law.

The EKAS guidelines specify the legal provisions and thus explain the law (namely UVG) and the ordinances (especially VUV); but they do not create a (new) law.

Significance of the EKAS guidelines for employers

The EKAS guidelines offer employers assistance and, if they are taken into account, they have the advantage of being legally presumptive. This is described in Article 11b paragraph 2 and 52a paragraph 2 VUV and according to the latter article reads as follows: "If the employer follows such guidelines, it is assumed that he complies with the regulations on occupational safety that are specified by the guidelines."

This statutory presumption of conformity is particularly important in the case of accidents and claims due to the statutory employer's obligations (see Article 82 UVG, Article 6 ArG and Article 328 OR). The violation of statutory employer obligations can result in administrative law (including admonition / order etc. Article 62/64 VUV or Article 51 paragraph 1/2 Labor Act, ArG, criminal law (see, among others, Article 112 paragraph 4 UVG, Article 59 paragraph 1 ArG, Articles 117, 125, 230, 292 of the Criminal Code, StGB) and / or civil law (especially liability law see Articles 55 and 41 of the Swiss Code of Obligations, OR)) consequences or sanctions.

List of EKAS guidelines

Current EKAS guidelines

  • 1825 flammable liquids (05/2005)
  • 1871 Chemical Laboratories (06/2013)
  • 2134 forest work (01/2018)
  • 2387 distillation systems for flammable liquids (10/1988)
  • 6501 acids and alkalis (01/1990)
  • 6503 asbestos (12/2008)
  • 6505 Operation of high pressure water jet devices (HWG) (07/1991)
  • 6506 Working on wooden masts of overhead lines (08/2013)
  • 6507 ammonia, storage and handling (08/1995)
  • 6508 Consultation of occupational doctors and other occupational safety specialists - ASA (01/2017)
  • 6509 Welding, cutting and related processes for processing metallic materials (05/1999)
  • 6510 Crane driver training for the operation of vehicle and tower cranes (11/2007)
  • 6511 Inspection and control of mobile cranes and tower cranes (10/2007)
  • 6512 work equipment (01/2017)
  • 6514 underground work (10/2005)
  • 6516 pressure devices (01/2017)
  • 6517 liquid gas (12/2017)
  • 6518 Training and instruction for operators of industrial trucks (07/2017)

Web links

Individual evidence

  1. ↑ Federal Chancellery - P: SR 832.20 Federal Act of March 20, 1981 on Accident Insurance (UVG). In: www.admin.ch. Retrieved January 1, 2017 .
  2. ↑ Federal Chancellery - P: SR 832.30 Ordinance of 19 December 1983 on the prevention of accidents and occupational diseases (Ordinance on Accident Prevention, VUV). In: www.admin.ch. Retrieved January 1, 2017 .
  3. ↑ Employer obligations according to Article 82 UVG, Article 6 ArG and Article 328 OR. EKAS, accessed on January 1, 2017 .
  4. ↑ Federal Chancellery - P: SR 822.11 Federal Act of March 13, 1964 on Work in Industry, Commerce and Commerce (Labor Act, ArG). In: www.admin.ch. Retrieved January 1, 2017 .
  5. ^ Federal Chancellery - P: SR 311.0 Swiss Criminal Code of December 21, 1937. In: www.admin.ch. Retrieved January 1, 2017 .
  6. ↑ Federal Chancellery - P: SR 220 Federal Law of March 30, 1911 on the Supplement to the Swiss Civil Code (Part Five: Law of Obligations). In: www.admin.ch. Retrieved January 1, 2017 .