In Switzerland,safety at work is not an option, but a strict legal obligation for all employers. They must take all necessary measures to protect the health and safety of their employees, in accordance with the requirements of the Code of Obligations (CO), the Federal Labour Act (LTr) and the Accident Insurance Act (LAA). These texts stipulate that measures must be adapted to the state of the art, experience and the specific conditions of each company.
The aim of this obligation is to effectively prevent occupational accidents and work-related illnesses, and to ensure a healthy environment. In addition, active collaboration between employers and workers is required to implement these measures. Failure to comply with these rules may result in penalties, fines or even criminal risks.
On this page, you will find a clear and concrete overview of the legal obligations in terms of safety at work in Switzerland, tailored to the different types of company. You will also discover the application thresholds, specific responsibilities and consequences in the event of non-compliance, so that you can ensure compliant and safe implementation in your organisation.
Why safety at work is a legal obligation
A clear responsibility for employers
In Switzerland, safety at work is a fundamental legal obligation. This responsibility falls primarily on employers, who must guarantee a safe and healthy working environment for their employees. This obligation is not just a recommendation, but a strict legal framework designed to protect the life and health of employees.
Health protection and accident prevention
The aim of this obligation is to prevent occupational accidents and illnesses, which can have serious consequences both human and economically. The measures to be implemented must be tailored to the specific risks associated with each professional activity, taking into account actual working conditions and technical developments. This includes hazard analysis, employee training and the organisation and monitoring of safety conditions.
Precise and imperative Swiss standards
This obligation is framed by several important legal texts that set precise standards: the Loi fédérale sur le travail (LTr), the Loi fédérale sur l’assurance-accidents (LAA) and the Code des obligations (CO). These laws impose strict duties on employers, particularly in terms of prevention, information, control and continuous adaptation of safety measures.
Active collaboration between employers and employees
The law also emphasises the importance of active collaboration between employers and employees for safety at work. This partnership makes it easier to identify risks, adapt measures and ensure that everyone adheres to the prevention culture.
Consequences of non-compliance
Non-compliance with these obligations can result in severe punishment (fines, operating bans, obligations to comply under supervision, even criminal penalties). The aim of these measures is to make companies more responsible and to ensure a working environment that complies with legal requirements, in order to minimise the risk of accidents and occupational illnesses.
Legal texts and reference directives (LS, OPA, CFST 6508, MSST)
The Federal Labour Act (LTr)
The Labour Act (LTr) is the cornerstone of the Swiss legal framework for occupational health and safety. It defines the general principles of worker protection, imposes obligations on employers concerning working conditions, the prevention of occupational risks, and the organisation of protective measures. In particular, it lays down the basics in terms of working hours, physical conditions, and protection against chemical, physical and biological hazards.
The Ordinance on Accident Prevention (OPA)
The Ordinance on Accident Prevention (OPA) complements the LTr by specifying the technical and organisational requirements that companies must meet to prevent accidents and occupational illnesses. Article 11a of the OPA requires employers to call in safety specialists when risks cannot be controlled by their own means. This ordinance is an indispensable practical guide that provides a framework for the application of concrete prevention measures.
The CFST Directive 6508 (MSST Directive)
The Directive 6508 of the Federal Coordination Commission for Occupational Safety (CFST), also known as the MSST Directive, represents the detailed legal framework for the obligation for companies to use occupational safety specialists (occupational physicians, hygienists, safety officers, engineers). In force since 2000, it is based on the LAA (Law on Accident Insurance) and the OPA, and provides a framework for the introduction of a safety management system commensurate with the specific hazards of each company. It defines ten key elements, including risk assessment, rescue organisation, training, documentation and monitoring of safety measures.
The MSST system: an operational mechanism
The MSST (Occupational Doctors and Other Occupational Safety Specialists) is the practical embodiment of this directive. It is an occupational safety system made up of qualified professionals who assist employers in identifying risks, assessing existing measures and implementing the necessary corrective action. This system is compulsory for certain companies, depending on their size and the hazardous nature of their activities. The MSST audit ensures that your company is compliant.
Who is affected by the legal obligations relating to safety at work?
Swiss workplace safety legislation does not apply only to large companies or high-risk industrial sectors. It concerns all employers, but with obligations modulated according to the size of the company, the type of activity and the level of danger involved in the tasks performed.
Companies with special hazards
Companies whose activities involve specific risks to the health or safety of workers are considered to present special hazards.
Examples: construction, chemical industry, maintenance of electrical installations, work at height, handling of hazardous substances.
These companies mustimplement an MSST system regardless of their workforce, with the
mandatory use of safety specialists.
Companies without special hazards
Even without high-risk activities, certain obligations apply. Directive CFST 6508 stipulates that companies with 50 or more employees must use safety specialists to assess and prevent risks, even if their activity is not classified as dangerous.
SMEs and micro-businesses
For smaller structures, the obligation essentially depends on whether or not particular hazards are present. An SME with fewer than 10 employees operating in a sector with no major risks must nevertheless comply with the general principles of safety at work: regular risk assessment, appropriate training and means of protection.
Summary table of thresholds and obligations
Size / Situation of the company |
Special hazards |
MSST obligation |
Use of specialists |
Less than 10 employees ./p> |
Yes |
Yes |
Mandatory |
Yes |
Yes |
Mandatory |
|
50 or more employees |
No |
Yes |
Mandatory |
Less than 50 employees, no special hazards |
No |
No*< |
No, unless specifically requested |
* Compliance with general safety principles always required. |
Sectors of activity mainly concerned
- Building and construction
- Manufacturing and mechanical engineering
- Transport and logistics
Technical maintenance and energy Medical sector and care facilities (EMS, hospitals)
Public sectors and administrations with technical activities
These criteria enable companies to quickly determine whether they are subject to the obligation to set up an occupational safety management system that complies with the law.
How to apply your obligations in practice: the practical guide >
Penalties and consequences of non-compliance
Ignoring or neglecting the legal obligations regarding safety at work in Switzerland exposes the employer to serious penalties, both administrative and criminal. These measures are intended to serve as a reminder that protecting the health and safety of workers is an absolute priority.
Administrative sanctions
The competent authorities may order:
- Fines proportionate to the seriousness and duration of the breaches found.
- The suspension or temporary cessation of activities until compliance is achieved.
- The implementation of a mandatory corrective plan with regular monitoring.
Civil liability
In the event of an accident at work or occupational illness attributable to a breach by the employer, the employer may be required to pay:
- Compensation to cover loss of earnings, medical expenses and non-material loss.
- Additional compensation if gross misconduct is proven.
Criminal liability
If failure to comply with the rules results in a serious or fatal accident, the employer, a manager or a safety officer may be prosecuted criminally for negligent bodily harm or negligent homicide. Penalties can include substantial criminal fines or even custodial sentences, depending on the circumstances.
Indirect repercussions
Beyond official sanctions, non-compliance can result in:
- Loss of trust from customers, partners and employees.
- Damage to the company’s reputation, which is difficult to rectify.
- Increase in accident insurance premiums.
- Delays in projects or work stoppages caused by blocking inspections.
How to remain compliant on a daily basis
Complying with legal obligations in terms of safety at work is not just a matter of initial compliance. It is an ongoing process that requires organisation, monitoring and regular improvement of the measures put in place.
Regularly update the risk assessment
The risk assessment must be reviewed at regular intervals, in particular:
- When a new activity or facility is introduced.
- After an incident, accident or near miss.
- When organisational changes with an impact on safety.
This monitoring enables hazards to be anticipated and prevention measures to be adjusted.
Training and raising employee awareness
Sustainable compliance involves:
- Regular safety training tailored to workstations such as perco trainingrecognised for training contact persons in safety.
- updates in the event of new procedures or equipment.
- Reminders via internal campaigns, posters, safety briefings.
A trained employee is better able to detect dangerous situations and adopt the right reflexes.
Keep clear, up-to-date documentation
Legislation requires that:
- Risk assessment reports.
- Proof of training and follow-up certificates.
- Emergency procedures.
Clear and accessible documentation facilitates inspections and demonstrates the company’s good faith.
Implement monitoring and internal controls
Periodic internal audits make it possible to check the effectiveness of the measures implemented. These checks must lead to a corrective action plan with clearly defined responsibilities and deadlines.
Involve all hierarchical levels
Compliance does not rest solely on the safety manager. Management, managers and employees must be involved in:
- Identifying risks.
- Proposing improvements.
- Monitoring safety performance indicators.
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Legal FAQs on safety at work
Safety at work is governed by several reference texts: the Federal Law on Labour (LTr), the Law on Accident Insurance (LAA), the Code of Obligations (CO), as well as the Ordinance on Accident Prevention (OPA) and CFST Directive 6508 on the use of safety specialists (MSST).
Yes. All companies must ensure the health and safety of their employees. However, specific obligations (such as the compulsory use of MSST specialists) depend on the size of the company, the sector of activity and the presence of particular hazards.
This refers to activities that present an increased risk to health or safety: handling chemicals, working at heights, operations with dangerous machinery, electricity, construction, or exposure to biological agents.
These can include fines, compliance orders, temporary cessation of activities and, in the case of serious accidents, criminal prosecution for injury or negligent homicide. The financial and reputational consequences can also be significant.
Yes. Employers who use temporary workers or subcontractors must ensure that they benefit from the same health and safety conditions as permanent employees.
Up-to-date documents are required: risk assessments, proof of training, emergency procedures, monitoring certificates and internal audit reports. These elements demonstrate that the company is complying with its prevention obligations.