Summary/citation: The Secretariat for Economic Affairs (SECO) is the supervisory board of the cantonal executive bodies for employee protection and enforcement of the laws concerning safety and health at work.
(Loi sur le travail, § 42(3))
Cantonal bodies in charge of enforcing the Labour Law are competent for monitoring the implementation of safety requirements in companies and use of work equipments, unless another implementing agency is competent. Cantonal bodies are also competent to issue operation authorisations for companies pursuant to arts. 7 and 8 of the Labour Law.
(Ordonnance sur la prévention des accidents et des maladies professionnelles, §§ 47, 48, 49, 50, 52)
Federal bodies collaborate with the National Health Fund to monitor the application of the requirements on the prevention of accidents. The Coordination Commission provide the details of this collaboration on the basis of the proposals made by SECO and the National Health Fund. These two federal bodies in charge of enforcing the Labour Law must ensure that the cantonal authorities apply the safety requirements. If a cantonal body does not ensure compliance with the requirements, SECO is under the obligation to draw its attention to the infringed provisions and encourage it to apply them. SECO may, if necessary, give instructions to the cantonal body. In case of persistent or repeated failure to comply with the requirements, the Coordination Commission shall be informed.
The federal enforcement bodies of the Labour Law monitor the implementation of the requirements on the prevention of occupational accidents within the public administration, businesses and institutions of the Confederation, provided that the National Health Fund is not competent.
The National Health Fund is responsable for monitoring the application of the requirements on the prevention of accidents in a number of companies listed in the law.
The National Health Fund is responsible for monitoring the application of provisions on the prevention of professional diseases in al companies.
The Coordination Commission is competent to:
a. further define the tasks of the executive bodies;
b. organize, in consultation with the National Health Fund the collaboration of cantonal bodies in the enforcement of the Labour Law in the field of competence of the National Health Fund;
c. assign to federal bodies responsible for the enforcement of the Labour Law or to the National Health Fund tasks that a cantonal body is not able to perform due to lack of staff or equipment until the body has acquired the necessary means.
(Loi sur l'assurance accidents, § 85)
• Ordonnance sur la prévention des accidents et des maladies professionnelles (OPA). (§§ 47, 48, 49, 50, 52)
• Loi fédérale du 20 mars 1981 sur l'assurance accidents (LAA). (§ 85)
• Loi fédérale du 13 mars 1964 sur le travail dans l'industrie, l'artisanat et le commerce. (Loi sur le travail) (§ 42(3))
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