Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Switzerland

Chemicals Convention, 1990 (No. 170) (Ratification: 2022)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) (Ratification: 2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), for which the Government has provided the requested reports this year, the Committee considers it appropriate to examine Conventions Nos 170 (chemicals) and 174 (prevention of major industrial accidents) together.

The Committee notes the Government’s first reports on Conventions Nos 170 and 174.

Protection against specific risks

Chemicals Convention, 1990 (No. 170)

Article 18(1) of the Convention. Right of workers to remove themselves from danger. The Committee notes the Government’s indication in its report that, where working conditions fail to respect the safety of the worker, the worker has the right to refuse to perform the work. However, the Committee notes that, under section 4 of the Ordinance of 19 December 1983 on the prevention of occupational accidents and diseases (OPARS 832.30, as amended, in the event that the safety of workers can no longer be ensured in any other manner, it is the employer who “shall interrupt the work in the buildings or premises concerned, or at the places of work or installations affected, until such time as the damage has been repaired or the fault rectified, unless the interruption of the work would increase the danger”. The Committee therefore requests the Government to indicate the measures taken to give effect, in law and practice, to Article 18(1) of the Convention, by providing that workers have the right to remove themselves from danger resulting from the use of chemicals when they have reasonable justification to believe there is an imminent and serious risk to their safety or health.

Application in practice. The Committee notes the indications provided by the Government that: (i) between 2017 and 2021, around 3,000 injuries related to the handling of chemicals at work were declared to insurers; (ii) every year, around 300 reported diseases can be attributed to exposure to harmful substances during the handling of chemicals at work; and (iii) a number of occupational diseases attributable to such exposure are undoubtedly not reported. The Committee further notes that in June 2023 the federal services responsible for the implementation of the legislation on chemicals drafted the Strategy for Chemical Safety for the interdepartmental implementation of the legislation on chemicals 2023–27, which sets the aim of achieving the following nine strategic objectives: (i) “No data – no contract”; (ii) Risk assessment and reduction; (iii) Substitution; (iv) Sustainable chemistry; (v) State of knowledge; (vi) International standards; (vii) Users’ duty of diligence; (viii) Compliant and effective implementation; and (ix) Principle of minimizing human and environmental exposure to chemicals. The Committee requests the Government to: (i) provide information on the achievement of these objectives and to indicate how the results achieved contribute to giving full effect to the Articles of the Convention; and (ii) continue providing information on the application in practice of the national legislation giving effect to the Convention, including statistics on the violations reported, penalties imposed, and occupational accidents and cases of occupational diseases reported as being attributable to exposure to chemicals. The Committee also requests the Government to provide information on any measures taken to strengthen the system for the notification of occupational diseases.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

Article 8(2) of the Convention. Notification of the permanent closure of a major hazard installation. The Committee notes that, according to the indication in the Government’s report, the Ordinance of 27 February 1991 on protection against major accidents (OPAM, RS 814.012), as amended, does not require the employer to give notification of the permanent closure of a major hazard installation, but that section 34 of Ordinance No. 4 of 18 August 1993 on the Labour Act (OLT4, RS 822.114), as amended, provides that the cantonal authority shall revoke the application of the special regulations for industrial enterprises where an enterprise no longer meets the definition of an industrial enterprise. The Committee notes, however, that Article 8 of the Convention requires the employer to fulfil this obligation. The Committee therefore requests the Government to provide information on any measures taken to give full effect to Article 8(2) of the Convention, by ensuring that employers notify the competent authority before any permanent closure of a major hazard installation.

Article 9(c) and (g). Documented system of major hazard control. The Committee notes that the provisions referred to by the Government do not cover all the elements enumerated in Article 9(c) and do not specify the nature of the measures for the improvement of the system referred to in Article 9(g). The Committee therefore requests the Government to indicate how, in practice, it ensures that the documented system of major hazard control includes provision for: (i) the following elements referred to in Article 9(c) of the Convention: organizational measures, including hours of work and the definition of responsibilities; and (ii) the improvement of the system, in accordance with Article 9(g).

Article 10. Preparation of safety reports. The Committee notes that, according to the Government’s indication, the “safety report” referred to in this provision consists of a risk report within the meaning of section 6 and Annex 4 of the OPAM. The Committee also notes that the provisions of Annex 4 and those referred to in Article 9 of the Convention only coincide in part. The Committee requests the Government to provide detailed information on any measures taken to ensure that the risk reports which employers are required to prepare are, as required by Article 10 of the Convention, prepared in accordance with the requirements of Article 9, in particular all the requirements of subparagraphs (b), (c), (d), (f) and (g). The Committee also requests the Government to indicate the period within which such reports must be prepared in respect of existing major hazard installations.

Article 15.Updating of off-site emergency plansNoting that neither the OPAM nor the OPAM manual provide for the updating of these plans, the Committee requests the Government to provide information on the measures adopted in law and practice to ensure that they are updated at appropriate intervals.

Article 20(e). Rights and duties of workers and their representatives. Corrective action and interruption of the activity. The Committee requests the Government to provide information on the measures taken to ensure that workers and their representatives take corrective action and, if necessary, interrupt the activity where, on the basis of their training and experience, they have reasonable justification to believe that there is an imminent danger of a major accident.