type: legislation

jurisdiction: Switzerland

text: 818.101.25 English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.Ordinance on the Proximity Tracing System for the Sars-CoV-2 coronavirus(PTSO)of 24 June 2020 (Status as of 18 March 2021)The Swiss Federal Council, on the basis of Article 60a paragraph 7 of the Epidemics Act of 28 September 20121 (EpidA),ordains:1 SR 818.101Art. 1 Subject matter  This Ordinance regulates the details of the organisation, operation and data processing of the Proximity Tracing System for the Sars-CoV-2 coronavirus under Article 60a EpidA (PT System).Art. 2 Structure  1 The PT System comprises the following components:a.a proximity data management system (the PDM System), consisting of a software application that users install on their smartphones (the SwissCovid app), and a back end (PDM back end);b.a system for managing codes for releasing the notifications (the code management system), consisting of a web-based front end and a back end.2 The PDM back end and the code management system are operated as a central server by the Federal Office of Public Health (FOPH).Art. 3 Voluntary nature  1 Installation and use of the SwissCovid app are voluntary.2 The express consent of the infected person is required before a notification is sent to app users who have potentially been exposed to the coronavirus.Art. 4 Federal authority responsible  The FOPH is the federal authority responsible for all components of the PT System under data protection law.Art. 5 Basic operation procedure  1 During basic operations, the PDM back end makes its content available online to the SwissCovid apps. The content comprises a list with the following data:a.the private keys of infected app users which were effective in the period in which other app users were potentially exposed to the coronavirus (“the relevant period”);b.the date of each key.2 The SwissCovid app carries out the following functions via an interface to the mobile phone’s operating system: a.It generates a new private key at least every day that does not permit the SwissCovid app, the mobile telephone or the user to be traced.b.It exchanges a variable identification code at least every half-hour with all compatible apps within Bluetooth range; the identification code is derived from the current private key but may not be traced back to that key and does not permit the SwissCovid app, the mobile telephone or the user to be traced.c.It stores the identification codes received, details of the strength of the signal, the date and the estimated duration of the encounter.d.It periodically retrieves the list of private keys belonging to infected app users from the PDM back end and checks whether any of the identification codes it has stored locally were generated using a private key on the list.e.2If it establishes that any one of the locally stored identification codes was generated using a private key on the list, and if the encounter requirements set out in the Annex number I are met, the app issues a notification; the distance of the encounter is estimated based on the strength of the signal received.3 The operating systems’ functions used via the interface must meet the requirements of Article 60a EpidA and this Ordinance; this does not apply to the rule relating to the source code under Article 60a paragraph 5 letter e EpidA. The FOPH shall ensure that these requirements are met, in particular by obtaining related assurances.4 ...32 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).3 Repealed by No I of the O of 18 Nov. 2020, with effect from 19 Nov. 2020  (AS 2020 4733).Art. 6 Procedure following an infection  1 If a user tests positive for the coronavirus, an authorised agency may with the consent of the infected person request a unique activation code with time-limited validity from the code management system; to do so, the agency sends the code management system the date on which the first symptoms occurred or, if the infected person has not displayed any symptoms, the date of the test.42 The authorised agency gives the activation code to the infected person.5 The infected person may choose to enter the activation code into their SwissCovid app.3 The code management back end sends confirmation to the SwissCovid app that the code entered is valid. It deducts the number of days specified in Annex number 2 from the recorded date.6 The resulting date is the start of the relevant period. The code management back end sends this date to the infected person’s SwissCovid app.4 The infected person’s SwissCovid app sends the private keys that were effective in the relevant period to the PDM back end, together with their dates.5 The PDM back end records the received private keys with their dates on its list.6 After the private keys have been sent, the SwissCovid app generates a new private key. This key cannot be used to identify earlier private keys.4 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).5 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).6 Second sentence amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).Art. 7 Content of the notification  1 The notification contains:a.the information that the app user has potentially been exposed to the coronavirus;b.7a note of the days on which exposure may have occurred;c.the information that the FOPH operates an infoline that provides advice free of charge;d.recommendations from the FOPH on what to do.2 The PT System does not issue any instructions to app users.7 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).Art. 8 Content of the code management system  1 The code management system contains the following data:a.the activation codes;b.the date on which the first symptoms occurred, or, if the infected person has not displayed any symptoms, the date of the test;c.the time when the data in accordance with letters a and b will be destroyed.2 These data cannot be used to identify app users.Art. 8a8 Form of access to the code management system  The code management system may be accessed via:a.a specialist from the authorised agency via the front end; orb.an interface between the code management system and a system operated by the authorised agency.8 Inserted by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).Art. 9 Access to the code management system via the front end9  1 The following persons acting for the authorised agency may request the activation code via the front end:10a.cantonal medical officers;b.the Armed Forces Surgeon General;c.other staff of the cantonal medical services or of the Armed Forces medical services;d.third parties acting on behalf of the cantonal medical services or the Armed Forces medical services;e.11staff at medical practices;f.12staff at laboratories with authorisation under Article 16 EpidA;g.13staff at the facilities specified in Article 24 paragraph 1 letter b of the COVID 19 Ordinance 3 of 19 June 202014;h.15staff of the Infoline under Article 7 paragraph 1 letter c.2 The code management system is accessed via the Federal Administration’s Central Access and Permission System for web applications. The provisions of the Ordinance of 19 October 201616 on Federal Identity Management Systems and Directory Services apply.3 The FOPH assigns and manages access rights to the code management system. It may authorise cantonal medical officers and the Armed Forces Surgeon General or a specific member of their auxiliary personnel to grant access rights to auxiliary personnel.9 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).10 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).11 Amended by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).12 Inserted by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).13 Inserted by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).14 SR 818.101.2415 Inserted by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).16 SR 172.010.59Art. 9a17 Access to the code management system via the interface  The FOPH shall enable the authorised agencies under Article 9 paragraph 1 to connect their systems via the interface to the code management system, provided the systems concerned provide an appropriate level of security.17 Inserted by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).Art. 10 Services from third parties  1 The FOPH may instruct third parties to provide the SwissCovid app with online access to the list of data required for notifications.2 It may the assign the task of granting rights of access to the code management system to third parties. The third party concerned must guarantee that the authorisation of specialists is verified reliably and in accordance with the law.3 The third parties must be contractually required to comply with the requirements of Article 60a EpidA and of this Ordinance; this does not apply to the regulation relating to the source code under Article 60a paragraph 5 letter e EpidA. The FOPH shall verify compliance with the requirements.Art. 11 Records of access  1 Articles 57i–57q of the Government and Administration Organisation Act of 21 March 199718 and the Ordinance of 22 February 201219 on the Processing of Personal Data accumulated through the Use of the Confederation’s Electronic Infrastructure apply to the storing and the evaluation of the records of access to the PDM back end, the code management system and the list under Article 10 paragraph 1.2 Apart from these records and records of encounters, the PT System does not maintain any record of the activities of the front end of the code management system and the SwissCovid app.18 SR 172.01019 SR 172.010.442Art. 12 Disclosure for statistical purposes  The FOPH shall regularly provide the Swiss Federal Statistical Office (FSO) with the latest collection of data in the two back ends in a completely anonymised form for statistical assessment.Art. 13 Destruction of the data  1 The data in the PDM System shall be destroyed both on the smartphones and in the PDM back end 14 days after they are recorded.2 The data in the code management system shall be destroyed 24 hours after they are recorded.3 The record data of third parties assigned tasks under Article 10 paragraph 1 shall be destroyed 7 days after they are recorded.4 In addition, the destruction of record data is governed by Article 4 paragraph 1 letter b the Ordinance of 22 February 201220 on the Processing of Personal Data accumulated through the Use of the Confederations Electronic Infrastructure.5 The data made available to the FSO shall also be destroyed in accordance with this Article.20 SR 172.010.442Art. 14 Verification of the source code  1 The FOPH shall publish the data that allows verification of whether the machine readable programmes of all components of the PT System have been produced using the published source code.2 It shall also verify this itself.Art. 15 Deactivation of the SwissCovid app and reporting  1 When this Ordinance ceases to apply, the FOPH shall deactivate the SwissCovid app and instruct users of the SwissCovid app to remove the app from their mobile phones.2 The FOPH shall submit a report to the Federal Council within six months of this Ordinance ceasing to apply.Art. 15a21 Connection of the PT System to related foreign systems   1 The PT System may only be connected to a foreign system (Art. 62a EpidA) if that system meets the requirements of Article 60a paragraph 5 letters a–d EpidA.2 When connected, the VA backend and the foreign system are linked to an interconnection system for the mutual transmission of the private keys of infected app users.3 The connection system is subject to the following rules:a.It is operated by the FOPH or the responsible foreign body.b.Article 60a paragraph 5 letter e EpidA and Article 14 of this Ordinance apply to the source code and the technical specifications of the connection system that the FOPH operates.c.The data processing purposes are governed by Article 60a paragraph 2 EpidA. d.The data in the system may be passed on to the FSO and the responsible foreign body in completely anonymised form for statistical purposes. e.The data shall be erased as soon as they are no longer required in order to notify app users, but at the latest 14 days after their transmission to the system.4 If the PT System is connected to a foreign system, the following applies in relation to the PT System’s operating procedures in addition to Articles 5 and 6:a.During basic operations, the VA backend retrieves the private keys of infected users of the foreign system and the date of these keys from the connection system and places them on its list.b.Following an infection, the VA backend transmits the private keys of the infected persons with the relevant date to the foreign system via the connection system.21 Inserted by No  I of the O of 12 March 2021, in force since 18 March 2021  (AS 2021 144).Art. 16 Repeal of other legislation  The COVID-19 Ordinance of 13 May 202022 on the Proximity Tracing Pilot Trial is repealed.22 [AS 2020 1589]Art. 16a23 Updating the Annex  The Federal Department of Home Affairs (FDHA) shall update the Annex to this Ordinance in accordance with the current state of the art.23 Inserted by No I of the O of 18 Nov. 2020, in force since 19 Nov. 2020 (AS 2020 4733).Art. 17 Commencement and duration  This Ordinance comes into force on 25 June 2020 at 00.00 and applies until 30 June 2022.Annex24 24 Amended by No II of the O of 18 Nov. 2020, in force since 19 Nov. 2020  (AS 2020 4733).(Art. 5 para. 2 let. e and 6 para. 3)Epidemiological conditions for an encounter and relevant period 1. Epidemiological conditions for an encounter The epidemiological conditions for an encounter to have taken place are fulfilled if the following requirements are met:a.There has been physical proximity of 1.5 metres or less to at least one mobile phone that pertains to an infected user.b.The sum of the duration of all encounters in terms of letter a within any single day is equal to or in excess of fifteen minutes.2. Start of the relevant epidemiological period Number of days to be deducted: two.


text: 818.101.26English is not an official language of the Swiss Confederation. This translation is provided for information purposes only, has no legal force and may not be relied on in legal proceedings.Ordinanceon Measures during the Special Situation to combat the COVID-19 Epidemic(COVID-19 Special Situation Ordinance)of 23 June 2021 (Status as of 10 January 2022)The Swiss Federal Council,on the basis of Article 6 paragraph 2 letters a and b of the Epidemics Act of 28 September 20121 (EpidA),ordains:1 SR 818.101Section 1 General Provisions  Art. 1 Subject matter and purpose  1 This Ordinance introduces measures to combat the COVID-19 epidemic that apply to the general public, organisations and institutions, and the cantons.2 The measures serve to prevent the spread of the coronavirus (COVID-19) and to break chains of transmission.Art. 2 Responsibility of the cantons  1 Unless this Ordinance provides otherwise, the cantons shall retain their responsibilities in accordance with the EpidA.2 Face masks must be worn in upper secondary schools in accordance with Article 6. The cantons are responsible for measures relating to compulsory and upper secondary schools.22 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 33 Certificates  1 In this Ordinance:a. vaccination certificate means a COVID-19 vaccination certificate under Article 1 letter a number 1 of the COVID-19 Certificates Ordinance of 4 June 20214 or a recognised foreign certificate certifying vaccination under Section 7 of the COVID-19 Certificates Ordinance;b. recovery certificate means a COVID-19 recovery certificate under Article 1 letter a number 2 of the COVID-19 Certificates Ordinance or a recognised foreign certificate certifying recovery under Section 7 of the COVID-19 Certificates Ordinance;c. test certificate means a test certificate under Article 1 letter a number 3 of the COVID-19 Certificates Ordinance or a recognised foreign certificate certifying recovery under Section 7 of the COVID-19 Certificates Ordinance;d. exemption certificate means a COVID-19 exemption certificate under Article 1 letter a number 4 of the COVID-19 Certificates Ordinance.3 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021, let. d from 10 Jan. 2022, to 24 Jan. 2022 (AS 2021 882).4 SR 818.102.2Art. 3a5 Access restrictions  1 Restrictions on access to businesses, establishments and events for people with specific certificates apply only to person aged 16 or above.2 If access is restricted to persons who hold either a vaccination or recovery certificate and a test certificate, a person does not need a test certificate unless their vaccination or recovery certificate has been valid for more than 120 days. This does not apply to persons with a recovery certificate based on antibody tests in accordance with Article 16 paragraph 3 COVID-19 Certificates Ordinance of 4 June 20216.3 Persons holding an exemption certificate have the same access to businesses, establishments and events as persons who hold both a vaccination or recovery certificate and a test certificate. The exemption from the requirement to wear a face mask in accordance with Article 6 paragraph 2 letter i does not apply to them.4 Persons who have a medical certificate confirming that they cannot be vaccinated for a medical reason in accordance with Annex 4 shall be treated in the same way as persons with a vaccination or recovery certificate with regard to access to businesses, establishments and events, provided they present a test certificate. The exemption from the mask requirement under Article 6 paragraph 2 letter i does not apply to them.5 The medical certificate must be issued by a doctor registered in Switzerland who is authorised to practise their profession under their own professional responsibility under the Medical Professions Act of 23 June 20067 and holds a federal postgraduate qualification in the field of medicine that encompasses the reason provided.5 Inserted by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate) (AS 2021 813). Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021, para. 3 from 10 Jan. 2022, to 24 Jan. 2022 (AS 2021 882).6 SR 818.102.27 SR 811.11Section 2 Measures involving Persons  Art. 4 Principle  Every person shall follow the recommendations of the Federal Office of Public Health (FOPH) on hygiene and social distancing during the COVID-19 epidemic8.8  Available at www.bag.admin.ch > Diseases > Infections diseases: outbreaks, Epidemics, Pandemics > Current outbreaks and epidemics > New coronavirus > Protect yourself and others.Art. 5 Persons travelling on public transport  1 Persons travelling on public transport vehicles, such as trains, trams, buses, ships, aircraft and cableways, must wear a face mask in enclosed areas of such vehicles. The following persons are exempt from this requirement:a. children under the age of 12;b. persons who can prove that they are unable to wear face masks for compelling reasons, in particular medical reasons; in order to prove medical reasons, a medical certificate is required from a professional who is authorised to practise their profession under their own professional responsibility in accordance with the Medical Professions Act of 23 June 20069 or the Psychology Professions Act of 18 March 201110.2 Public transport vehicles are:a. vehicles operated by companies with a concession under Article 6 or a licence under Article 7 or 8 of the Passenger Transport Act of 20 March 200911;b. aircraft operated by companies holding an operating licence in accordance with Articles 27 or 29 of the Civil Aviation Act of 21 December 194812 that are used for scheduled or charter flights.9 SR 811.1110 SR 935.8111 SR 745.112 SR 748.0Art. 6 Persons in publicly accessible areas of businesses and establishments  1 A face mask must be worn in publicly accessible indoor areas of businesses and establishments.2 The following persons are exempt from the requirement in paragraph 1:a. children under the age of 12;b. persons who can prove that they are unable to wear a face mask for compelling reasons, in particular medical reasons; proof of medical reasons must be provided in accordance with Article 5 paragraph 1 letter b;c. persons in institutions that provide childcare outside the family or in educational institutions, in the event that wearing a face mask significantly impedes the provision of care or the ability to teach;d. persons undergoing a medical or cosmetic procedure to the face;e. performers, in particular speakers;f.13 persons in the sport and culture sectors who are exempted under a provision of this Ordinance from the requirement to wear a mask;g.14 persons in restaurants, bars and clubs: if they sit at a table;h.15 persons in the public area at events: when consuming food or drink while seated;i.16 persons in in publicly accessible businesses and establishments or at events to which access is restricted to persons who have both a vaccination or recovery certificate and a test certificate.3 and 4 ...175 Socio-medical institutions may in consultation with the responsible cantonal authority provide in their precautionary measures plans that the following persons are exempted from the requirement under paragraph 1 in their publicly accessible areas:a. residents who have been vaccinated against COVID-19: for the period specified in Annex 2; b. residents who were infected with Sars-CoV-2 and have recovered: for the period specified in Annex 2.6 The persons who are regarded as vaccinated in terms of paragraph 5 letter a are defined in Annex 2.13 Amended by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), in force from 13 Sept. 2021 to 24 Jan. 2022 (AS 2021 542).14 Inserted by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate)  (AS 2021 542). Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).15 Inserted by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).16 Inserted by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate) (AS 2021 813). Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).17 Repealed by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), with effect from 13 Sept. 2021 to 24 Jan. 2022 (AS 2021 542).Section 3 Measures relating to Contact Quarantine and Isolation Art. 7 Ordering contact quarantine  1 The responsible cantonal authority shall place into quarantine persons who within the periods specified below have had close contact with the following infected persons:a. a person whose infection with Sars-CoV-2 has been confirmed or is probable and who is displaying symptoms, where contact takes place in the period from 48 hours before the symptoms began until 10 days thereafter;b. a person whose infection with Sars-CoV-2 has been confirmed but who is asymptomatic, where contact takes place in the period from 48 hours before the person was tested until the person goes into isolation.2 The following persons are exempt from contact quarantine:a. persons who prove that they have been vaccinated against COVID-19: for the period specified in Annex 2;b. persons who prove that they were infected with Sars-CoV-2 and have recovered: for the period specified in Annex 2; c. persons who carry out an activity that is of high importance to society and for which there is an acute shortage of staff; while working and when travelling to work.3 The persons who are regarded as vaccinated in terms of paragraph 3 letter a are defined in Annex 2.4 Persons working for businesses that have a testing plan that meets the following requirements are exempted from contact quarantine while working and when travelling to work:The plan allows employees simple access to tests and provides that employees are regularly informed of the advantages of the tests.Employees are able to take a test at least once a week.c. The requirements are met for the Confederation to pay the cost of the tests in accordance with Annex 6 Sections 3.1 and 3.2 the COVID-19 Ordinance 3 of 19 June 202018.5 The persons specified in paragraph 4 must remain in contact quarantine when not at work or travelling to work.6 In respect of specific persons or categories of persons, the responsible cantonal authority may:a. in justified cases authorise additional exemptions from or relaxations of the regulations on contact quarantine for specific persons;b. in cases other than those under paragraph 1 or even if the requirements under paragraphs 2 and 3 are met, place a person in contact quarantine if this is necessary in order to prevent the spread of COVID-19.7 It shall notify the FOPH of measures taken in respect of specific categories of persons under paragraph 6.18 SR 818.101.24Art. 8 Duration and early termination of contact quarantine  1 Contact quarantine shall last for 10 days from the time of last close contact with the person under Article 7 paragraph 1.2 Persons in contact quarantine may leave quarantine early if the following requirements are met:a. the person provides the responsible cantonal authority with proof of a negative result for one of the following tests on or after the seventh day of quarantine:1. a molecular-biological test for Sars-CoV-2,2.19 a Sars-CoV-2-rapid test for specialist use,3.20 a laboratory immunological analysis for Sars-CoV-2 antigens;b. the responsible cantonal authority agrees to the early termination of quarantine.3 Persons over the age of 12 who leave quarantine early pursuant to paragraph 4 must wear a face mask and maintain a distance of at least 1.5 metres from other persons when outside their home or accommodation until the point in time at which quarantine would have ended.19 Amended by Annex No 1 of the O of 17 Dec. 2021, in force since 18 Dec. 2021  (AS 2021 881).20 Inserted by Annex No 1 of the O of 17 Dec. 2021, in force since 18 Dec. 2021  (AS 2021 881).Art. 9 Isolation  1 The responsible cantonal authority shall order persons who are suffering from COVID-19 or who have been infected with Sars-CoV-2 to isolate for 10 days.2 If a person displays particularly serious symptoms or if he or she suffers from severe immunosuppression, the responsible cantonal authority may order a longer period in isolation.3 The period in isolation begins:a. on the day that symptoms begin;b. if the person suffering from COVID-19 or infected with Sars-CoV-2 is asymptomatic: on the day the test is carried out.4 The responsible cantonal authority shall terminate isolation after 10 days at the earliest, provided the person in isolation:a. has been symptom-free for at least 48 hours; orb. continues to display symptoms but these are such that the continuation of isolation is no longer justified.Section 4 Measures relating to Publicly Accessible Establishments, Businesses and Events Art. 10 Precautionary measures plan  1 Operators of publicly accessible businesses and establishments, including education and training institutions, and organisers of events must draw up and implement a precautionary measures plan. 2 The precautionary measures plan must provide for the following:a. measures relating to hygiene and ventilation;b. measures relating to compliance with the requirement to wear a mask under Article 6;c. the recording of the contact data of persons present in accordance with Article 11 where required by this Ordinance. d. measures relating to persons who are not required to wear a mask in accordance with Article 6 paragraph 2;e.21 measures relating to maintaining the required distance, unless access is restricted to persons with a vaccination, recovery or test certificate or is more strictly restricted.223 If entry is restricted to persons with a vaccination, recovery or test certificate, the precautionary measures plan must also include the following measures:23a. measures on implementing the entry restrictions;b.24 measures relating to persons with a COVID-19 exemption certificate under Article 21a of the COVID-19 Certificates Ordinance of 4 June 202125;c.26 measures concerning persons with a certificate under Article 3a paragraph 4 confirming that they cannot be vaccinated for medical reasons.274 The requirements of paragraphs 2 and 3 are specified in more detail in Annex 1.5 A person must be designated in the precautionary measures plan as responsible for implementing the plan and as the contact for the competent authorities.21 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).22 Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).23 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882). 24 In force since 10 Jan. 2022 (AS 2021 813 No VI para. 2).25 SR 818.102.226 Inserted by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).27 Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).Art. 11 Recording contact data  1 If contact data are recorded in accordance with Annex 1 number 1.4, the persons concerned must be informed about the recording and its purpose. If the contact data are already known, the persons concerned must be informed that the data will be used and of the purpose for which they are used.2 The contact data must on request be passed on in electronic form without delay to the responsible cantonal authority or organisation in accordance with Article 33 EpidA for the purpose of identifying and notifying persons who may have been infected. 3 The data recorded may not be used for any purposes other than those provided for in this Ordinance, must be retained for 14 days after the persons concerned participated in the event or visited the establishment or business, and must be destroyed immediately thereafter.Art. 12 Special provisions for restaurants, bars and clubs  1 In restaurants, bars and clubs in which food and drinks are consumed on the premises, the following applies:a. Proprietors must restrict access to indoor areas to persons with a vaccination or recovery certificate. Proprietors must ensure that the premises are effectively ventilated. Guests must be seated, unless access for persons is restricted to persons with either a vaccination or recovery certificate and a test certificate.b. Proprietors may restrict access to outdoor areas to persons with a vaccination, recovery or test certificate. If access to outdoor areas is not restricted, either the required distance must be maintained between each group of guests or effective partitioning must be in place.c. If the outdoor area of a restaurant, bar or club is at an event venue with access restriction, this access restriction also applies to the outdoor area of the restaurant, bar or club.282 ...29 3 Workplace canteens, restaurants and food outlets in airport transit zones and social institutions, in particular those open to the public, may choose not to restrict entry provided appropriate precautionary measures are in place, such as requiring guests or groups of guests to maintain the required distance from each other and to remain seated while consuming food and drinks.304 …31 28 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).29 Repealed by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), with effect from 13 Sept. 2021 to 24 Jan. 2022 (AS 2021 542).30 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).31 Repealed by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), with effect from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813). Art. 1332 Special provisions for discotheques and dance venues and other businesses and establishments in the culture, entertainment, leisure and sport sectors  1 Discotheques and dance venues must restrict entry to persons with a test or recovery certificate and a test certificate. They must also record guests’ contact details.2 Publicly accessible businesses and establishments in the culture, entertainment, leisure and sport sectors in which visitors do not only have access to outdoor areas must restrict entry for persons aged 16 and over to those with a certificate.32 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 1433 Outdoor events  1 Access to outdoor events for persons aged 16 or over must be restricted to persons with a vaccination, recovery or test certificate. The organisers may restrict access to persons with a vaccination or recovery certificate or by other means.342 A restriction on access is not required if the following requirements are met:a. the maximum number of persons, whether visitors or participants, is 300;b. the visitors do not dance.3 In the case of events involving family and friends (private events) with a maximum of 50 persons that take place outdoors but not in publicly accessible businesses and establishments, a restriction on access is not required and there is no requirement to draw up and implement a precautionary measures plan; only Article 4 applies.33 Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).34 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882). Art. 14a35 35 Inserted by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), (AS 2021 542). Repealed by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), with effect from 6 Dec. 2021 (AS 2021 813).Art. 1536 Indoor events  1 Access to indoor events must be restricted to persons with a vaccination or recovery certificate. The organisers may restrict access to persons with both a vaccination or recovery certificate and a test certificate.37 2 In the case of religious events, funerals, events relating to the usual activities and services of authorities, events relating to the formation of political opinion and meetings of established self-help groups for addiction and mental health issues that are held indoors, a restriction on access is not required if the following requirements are met:a. The maximum number of persons, whether visitors or participants, is 50.b. The requirement to wear a face mask in accordance with Article 6 is observed; in addition, the required distance must be maintained where possible.c. No food or drinks may be consumed.d. The organiser must draw up a precautionary measures plan in accordance with Article 10 and implement the same.e. The organiser must record the contact data of the persons present.3 In the case of private events with a maximum of 30 persons that are not held in indoor areas of publicly accessible establishments or businesses, it is not necessary to draw up and implement a precautionary measures plan. If no more than 10 persons are present, nor is it necessary to restrict access; in this case, Article 4 only applies.3836 Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).37 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882). 38 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 16 Special Provisions for large-scale events39  1 Any person planning to hold an event involving more than 1000 persons, whether visitors or participants, (large-scale events), shall require authorisation from the competent cantonal authority.2 Authorisation shall be granted provided:a. it can be assumed that the epidemiological situation in the canton or region concerned permits the event to be held;b. it can be assumed that at the time the event is held the canton has the required capacities in the following areas:1. capacities to identify and notify persons who may have been infected as required under Article 33 EpidA,2. capacities in the healthcare sector to treat both COVID-19-patients and other patients without restriction; this includes in particular the capacity to carry out non-urgent medical procedures;c.40 the organiser submits a precautionary measures plan under Article 10.3 If a large-scale event is being held in two or more cantons, authorisation is required from each canton. The cantons shall coordinate the procedure together.4 Any person who wishes to hold similar events regularly in the same establishment may request authorisation to do so in a single application.4bis The competent cantonal authority may grant exemptions from the obligation to restrict access in the case of outdoor sporting events that take place over long distances or over areas in open terrain and where neither access controls nor barriers are possible due to local conditions.415 The canton shall revoke authorisation or shall issue additional restrictions if:a. the epidemiological situation has deteriorated to the extent that holding the event is no longer possible, in particular because the required capacities under paragraph 2 letter b can no longer be guaranteed; orb. an organiser did not comply with the measures set out in the precautionary measures plan at an event that has already been held and cannot guarantee that the measures will be complied with in future.39 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).40 Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).41 Inserted by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 1742 42 Repealed by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 1843 Special Provisions for trade and consumer fairs  The following applies to trade and consumer fairs: a.44 If the fair does not take place exclusively outdoors, access must be restricted to persons with a vaccination or recovery certificate; the organisers may also restrict access to persons who have either a vaccination or recovery certificate and a test certificate.b. The organiser must draw up and implement a precautionary measures plan in accordance with Article 10. c. If more than 1000 persons are present on any day, whether they are visitors or participants, the fair must be authorised by the competent cantonal authority; the authorisation requirements and the requirements for revoking authorisation in Article 16 paragraphs 2, 4 and 5 apply.43 Amended by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), (AS 2021 542).44 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 19 Special provisions for meetings of political bodies, political and civil society demonstrations and collecting signatures  1 Restrictions on numbers do not apply to the following events:a. meetings of the legislatures at federal, cantonal and communal level;b. meetings of public-sector bodies that cannot be postponed;c. meetings required to ensure the proper functioning of institutional beneficiaries under Article 2 paragraph 1 of the Host State Act of 22 June 200745;d.46 hearings before arbitration or judicial authorities.2 Articles 10 and 11 do not apply to political and civil society demonstrations and to collecting signatures.3 Articles 14–17 do not apply to events in accordance with paragraphs 1 and 2.45 SR 192.1246 Inserted by No 1 of the O of 17 Dec. 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 19a47 Special provisions for tertiary-level education, professional education and training and continued education and training  In the case of the following education and training and continued education and training programmes and activities, access must be restricted to persons with a vaccination, recovery or test certificate: a. teaching and research activities in a Bachelor or Master degree course or a PhD programme and examinations at tertiary education institutions;b. teaching activities for federally recognised courses and post-graduate studies at professional education institutions and examinations at professional education institutions;c. federal professional examinations and advanced federal professional examinations;d. examinations as part of continuing education and training programmes in accordance with Article 3 letter a of the Federal Act of 20 June 201448 on Continuing Education and Training (CETA); e. officially ordered continuing education and training; f. preparatory courses for federal examinations; g. programmes for acquiring basic skills in accordance with Article 13 CETA;h. programmes for fulfilling integration criteria in accordance with Article 58a of the Foreign Nationals and Integration Act of 16 December 200549.47 Inserted by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), (AS 2021 542). Amended by No I of the O of 17 Dec. 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).48 SR 419.149 SR 142.20Art. 2050 Special provisions for sports or cultural activities  1 The following applies to sports and cultural activities outdoors:a. There is no requirement to restrict access. b. There is no requirement to wear a face mask. c. There is no requirement to maintain the required distance.2 The following applies to sports and cultural activities involving two or more persons in publicly accessible indoor areas of businesses and establishments: a. Access must be restricted to persons with a vaccination or recovery certificate; it may also be restricted to persons that have both a vaccination or recovery certificate and a test certificate.b. The requirement to wear a face mask is governed by Article 6.c. The premises must be adequately ventilated.3 The following persons shall have access with a vaccination, recovery or test certificate to sports or cultural activities in publicly accessible indoor areas of businesses and establishments but are not required to wear a face mask there:a. in the case of sports activities, including sports events:1. elite athletes who hold a national or regional Swiss Olympic Card or members of the national squad of a national sports association,2. athletes in teams competing in a professional or semi-professional league or a national junior league; if play is only professional or semi-professional in the male or female league, the exemption from the mask requirement also applies to the league of the other sex;b. in the case of cultural activities, including events:1. professional artists,2. professional artists in training.4 Children and young adults under the age of 16 are not required to wear a face mask for sports or cultural activities in publicly accessible indoor areas of businesses and establishments.5 Where a sports or cultural activity is carried out as part of an event at which stricter access restriction apply than for the activity, the access restrictions for the event also apply to the persons carrying out the activity. The foregoing does not apply to the persons specified in paragraph 3. 6 For sports and cultural activities, a precautionary measures plan must be drawn up and implemented only if the activities are carried out in groups of more than five persons; in the case of persons who carry out activities in terms of their employment, the requirements in Article 25 apply.50 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 2151 Special provisions for child and youth work  In the case of the activities of organisations and institutions involved in public child and youth work involving persons under the age of 16, only the requirement to draw up and implement a precautionary measures plan in accordance with Article 10 applies. The precautionary measures plan shall indicate the permitted activities.51 Amended by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), in force from 13 Sept. 2021 to 24 Jan. 2022 (AS 2021 542).Art. 22 Relaxation of requirements by the cantons  The responsible cantonal authority may authorise a relaxation of the requirements under Article 10 paragraphs 2–4 provided:52overriding public interests so require; b.  the epidemiological situation in the canton or the region concerned permits this; andc. the organiser or operator submits a precautionary measures plan under Article 10 that includes specific measures to prevent the spread of the coronavirus and to break transmission chains.52 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Art. 23 Additional measures by the cantons  1 The canton shall take additional measures under Article 40 EpidA if:a. the epidemiological situation in the canton or in a region so requires; it shall assess the situation in particular based on recognised indicators and their trends;b. as a result of the epidemiological situation, it is no longer able to provide the capacities required to identify and notify persons who may have been infected as stipulated in Article 33 EpidA.2 It shall in particular guarantee freedom of religion and conscience and that political rights may be exercised.Art. 24 Inspections and obligations to cooperate  1 The operator and organisers must:a. submit their precautionary measures plan to the responsible cantonal authorities if requested to do so; b. allow the responsible cantonal authorities access to the establishments, businesses or events.2 The responsible cantonal authorities shall conduct regularly checks on compliance with the precautionary measures plans, in particular in restaurant-type establishments.3 If they establish that no adequate precautionary measures plan has been drawn up or that a plan has not been implemented or only in part, they shall take appropriate measures immediately. They may issue reminders, close down establishments or businesses or prohibit or break up events.Section 5 Measures to Protect Workers  Art. 2553 Preventive measures  1 Employers must guarantee that their employees are able to comply with the FOPH recommendations on hygiene and social distancing. To do so, they must plan and implement the related measures.2 In indoor areas, including vehicles, in which two or more persons are present, each person must wear a face mask. The requirement does not apply to persons who:a. engage in activities during which a mask cannot be worn on safety grounds or because of the nature of the activity; orb. are not required to wear a face mask in accordance with Article 6 paragraph 2 letters b, c, e and f.3 Employers shall arrange for further measures in accordance with the STOP Principle (Substitution, Technical measures, Organisational measures, Personal protective equipment), in particular the option of physical separation, separate teams, regular ventilation of rooms or wearing face masks outdoors.4 They are entitled under the following conditions to verify that their employees hold a vaccination, recovery or test certificate: a. Verification is to ensure appropriate precautionary measures or implementation of a testing plan pursuant to Article 7 paragraph 4.b. The result of such a verification may not be used for any other purpose.c. Verification and any resulting measures are recorded in writing.d. The employees or their representatives are consulted in advance.5 Employers are required to ensure that their employees are able to work from home where the nature of the activity permits and provided this can be reasonably expected. They shall implement the required organisational and technical measures. 6 For the protection of particularly vulnerable employees, Article 27a of COVID-19 Ordinance 3 of 19 June 202054 also applies.53 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).54 SR 818.101.24Art. 26 Implementation, inspections and obligations to cooperate  1 Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 196455, the authorities implementing the Employment Act and the Federal Act of 20 March 198156 on Accident Insurance are responsible for implementing Article 25.2 The competent implementing authorities may conduct inspections of businesses and locations at any time without prior notice.3 Employers must allow the competent implementing authorities access to their premises and locations.4 The instructions given by the competent implementing authorities during their on-site inspections must be implemented immediately.55 SR 822.1156 SR 832.20Section 6 Reporting Obligation of the Cantons relating to Capacities in the Provision of Healthcare Art. 27 The cantons are required to report the following to the Coordinated Medical Services regularly:a. the total number and occupancy of hospital beds;b. the total number and occupancy of hospital beds that are intended for the treatment of COVID-19 cases, and the number of patients currently being treated for COVID-19;c. the total number and occupancy of hospital beds in intensive care and the number of patients with COVID-19 currently being treated and ventilated in intensive care;d. the total number and occupancy of devices for extracorporeal membrane oxygenation (ECMO);e. the details of availability of medical and nursing staff in hospitals;f. the maximum numbers, i.e. the total number of patients and total number of COVID-19 patients, that can be treated by their hospitals, taking account of the available beds and the available staff.Section 7 Criminal Provisions  Art. 28 Any person who commits any of the following acts shall be liable to a fine:a.57 as an operator or organiser, wilfully or negligently failing to comply with any of the following provisions: Article 10 paragraphs 1–3, Articles 12, 13, 14 paragraphs 1 and 2, 15, 18 letters a and b, 19a and 20 paragraphs 2, 3 and 5;b. as an operator or organiser, wilfully or negligently processing contact data recorded pursuant to Article 11 for other purposes in contravention of Article 11 paragraph 3 or retaining such details for longer than 14 days after the person or persons concerned participated in the event or visited the establishment or business;c.58 wilfully holding an event involving more persons than are permitted under Articles 14 paragraphs 2 and 3; and 15 paragraphs 2 and 3 with the applicable access restrictions;d.59 wilfully holding a large-scale event under Article 16 paragraph 1 or a trade or consumer fair under Article 18 letter c without the required authorisation or in derogation from the approved precautionary measures plan;e.60 wilfully or negligently failing to wear a face mask in contravention of Articles 5 paragraph 1, 6 paragraph 1 or 15 paragraph 2 letter b in enclosed areas of public transport vehicles or in publicly accessible indoor and outdoor areas of businesses and establishments, unless an exception pursuant to Article 5 paragraph 1 or 6 paragraph 2 applies;f. 61 ...g.62 as a guest in a restaurant, wilfully contravening the requirement to be seated in Article 12 paragraph 1 letter a;h.63 wilfully obtaining access without the required certificate to an establishment, business or event for which such a certificate is required.57 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).58 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).59 Amended by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), in force from 13 Sept. 2021 to 24 Jan. 2022 (AS 2021 542).60 Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).61 Repealed by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate), with effect from 13 Sept. 2021 to 24 Jan. 2022 (AS 2021 542).62 Inserted by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate) (AS 2021 542). Amended by No I of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate), in force from 6 Dec. 2021 until 24 Jan. 2022 (AS 2021 813).63 Inserted by No I of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate) (AS 2021 542). Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Section 8 Updating the Annexes  Art. 29 1 The Federal Department of Home Affairs shall update Annexes 1, 2 and 4 in accordance with the latest scientific knowledge.642 It shall update Annex 1 in consultation with the Federal Department of Economic Affairs, Education and Research and Annex 2 in consultation with the Federal Commission for Vaccination.64 Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).Section 9 Final Provisions  Art. 30 Repeal of another ordinance  The COVID-19 Special Situation Ordinance of 19 June 202065 is repealed.65 [AS 2020 2213, 2735, 3547, 3679, 4159, 4503, 5189; 2021 52, 60, 110, 145, 213, 222, 275, 297, 300, 308]Art. 31 Amendment of other legislation  The amendment of other legislation is regulated in Annex 3.Art. 32 Transitional provision  Authorisations for pilot projects that have been granted on the basis of Article 6bquater of the COVID-19 Special Situation Ordinance of 19 June 202066 remain valid until 30 June 2021.66 AS 2021 297Art. 32a67 Transitional provision to the Amendment of 17 December 202  1 Until 24 January 2022, persons who can provide a certificate confirming that they can neither be vaccinated nor tested on medical grounds may have the same access to businesses, establishments and events as persons who have a vaccination, recovery or test certificate. The exception to the requirement to wear a mask under Article 6 paragraph 2 letter i does not apply to them. 2 The certificate must be issued by a doctor registered in Switzerland who is authorised to practise their profession under their own professional responsibility in accordance with the Medical Professions Act of 23 June 200668.67 Inserted by Annex No 2 of the O of 3 Nov. 2021 (AS 2021 653). Amended by No I of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).68 SR 811.11Art. 33 Commencement and duration  This Ordinance comes into force on 26 June 2021 at 00.00.Annex 169 69 Revised by No II of the O of 8 Sept. 2021 (Extension of use of COVID-19 certificate) (AS 2021 542), of 1 Oct. 2021 (Proof for persons who can neither be vaccinated nor tested on medical grounds) (AS 2021 590), Annex No 2 of the O of 3 Nov. 2021  (AS 2021 653), No II of the O of 3 Dec. 2021 (Extension of the Requirement to wear a Face Mask and Access Restrictions to Persons with a Certificate) until 24 Jan. 2022  (AS 2021 813) and No II para. 1 of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).(Arts 10 para. 4, 11 para. 1 and 29)Requirements for precautionary measures plans 1 Precautionary measures plans for publicly accessible businesses and establishments and for events to which entry for persons aged 16 and over is not restricted to those with a certificate   1.1 General Remarks   1.1.1 PrincipleThere is an increased risk of infection if persons are unable to keep a distance of 1.5 metres from each other for more than 15 minutes.1.1.2 Protection against infection with COVID-19 1 The operator or organiser shall ensure when choosing the measures under Article 10 paragraph 2 that guests, persons in attendance and participants are provided with effective protection against infection with COVID-19. 2 Where employees are at work in publicly accessible businesses and establishments and at events, the precautionary measures plan must reconcile the measures for guests, persons in attendance or participants with the measures to protect the employees under Article 25. 3 In order to achieve effective protection in accordance with paragraphs 1 and 2, the operator or organiser shall if necessary take different measures for individual areas of the establishment business or event, for example for seating or catering areas, or for individual groups of persons, for example, by forming permanent teams.1.1.3 Reason for recording contact dataIf provision must be made in the precautionary measures plan in accordance with Article 10 paragraph 2 letter d for recording contact data, the reasons for doing so must be stated in the plan.1.1.4 Informing the persons present The operator or organiser shall inform the persons present (guests, participants, persons in attendance) about the measures that apply in the establishment, business or at the event, such as any requirement to wear a face mask, the recording of contact data.1.2 Hygiene  1.2.1 All persons must be able to wash their hands regularly. Hand sanitiser and, in the case of publicly accessible washbasins, soap must be made available.1.2.2 All contact surfaces must be regularly cleaned.1.2.3 A sufficient number of waste bins must be provided, in particular for disposing of paper handkerchiefs and face masks.1.3 Social distancing  1.3.1 Persons must keep a minimum of 1.5 metres distance from each other (the required distance).1.3.2 In derogation from number 1.3.1, the seating area seats must be arranged or occupied so that where possible and one seat remains free or an equivalent distance is maintained between the seats.1.3.3 …1.3.4 The movement of persons should be controlled so that the required distance can be maintained between all persons.1.3.5 The requirements on distancing do not apply to groups of persons for whom compliance with social distancing is not expedient, in particular in the case of schoolchildren, families or persons who live in the same household.1.4 Recording of contact data   1.4.1 …1.4.2 If contact data are recorded, the operator or organiser must inform the participants of the following:a. that it is likely that the required distance cannot be maintained and that there is therefore an increased risk of infection;b. that participants may be contacted by the competent authority or organisation in the canton, and that this authority or organisation has the power to order quarantine for persons who have been in contact with a person who has COVID-19.1.4.3 Contact details may in particular be recorded via booking or membership systems or by using a contact form.1.4.4 The following details must be recorded:a. surname and first name;b. address;c. telephone number.1.4.5 The operator or organiser must take appropriate measures to ensure that the contact data recorded are accurate.1.4.6 In the case of families or other groups with persons who know each other, it is sufficient to record the contact data of only one person in the family or group concerned.1.4.7 The operator or organiser must guarantee the confidentiality of the contact data when recording the same, and data security, in particular in storing the data. 2 Precautionary measures plans for publicly accessible businesses and establishments and events to which entry is restricted to persons with a vaccination, recovery or test certificate or more strictly  The precautionary measures plan shall include measures related to:a. the orderly and uninterrupted conduct of entry checks, including the training of staff and the electronic verification of certificates with the verification app pursuant to Article 29 of the COVID-19 Ordinance on Certificates of 4 June 202170 or a different app that can verify certificates with data minimisation pursuant to Article 28 of the COVID-19 Ordinance on Certificates and that complies with the principles set out in Article 29 paragraph 2 letters a and b of the COVID-19 Ordinance on Certificates;abis. checking the identity of persons during entry checks pursuant to letter a; suitable photo ID must be shown; ater. recording personal data during entry checks pursuant to letter a; the following shall apply: 1. The operator or organiser must inform the persons affected in advance that their data will be processed.2. The data may not be used for any other purpose.3. The data may only be retained if this is required for the purposes of the entry check; it must be destroyed no later than 12 hours after the end of the event.b. the provision of information to visitors and participants on the requirement to have a certificate and on the applicable hygiene and social distancing measures;c. hygiene, in particular the provision of disinfectant, regular cleaning, and ventilation;d. a requirement to wear a face mask for staff and other persons working at the event who come into contact with visitors on the premises.e. the presence of persons holding documentary proof in accordance with Article 3a paragraph 4 or 32a paragraph 1, such as the requirement for these persons to wear a face mask or, if they are able to provide a certificate exempting them from this requirement under Article 5 paragraph 1 letter b, specifications on maintaining the required distance.70 SR 818.102.2Annex 271 71 Revised by Annex No 4 of the O of 17 Sept. 2021 (AS 2021 563), Annex No 2 of the O of 3 Nov. 2021 (AS 2021 653), No II of the FDHA O of 29 Nov. 2021 (AS 2021 785) and Annex No 1 of the O of 17 Dec. 2021, in force since 18 Dec. 2021 (AS 2021 881).(Art. 6 para. 5 and 6, 7 para. 2 and 3 and 29)Requirements for an exemption from the requirement to wear a mask and from contact quarantine for persons who have been vaccinated or who have recovered 1 Persons who have been vaccinated  1.1 Persons who have been vaccinated in terms of this Ordinance are persons, who have been vaccinated with a vaccine that: a. is authorised in Switzerland and which has been administered in full in accordance with the FOPH recommendations; b. has been authorised by the European Medicines Agency for the European Union and has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was administered;c. has been authorised under the WHO Emergency Use Listing and has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was administered;d.  has been shown to have the same composition as a vaccine licensed under letters a, b or c, but marketed by the licence holder under another name, and which has been administered in full in accordance with the requirements or recommendations of the country in which the vaccination was carried out.1.2 The period during which vaccinated residents of socio-medical institutions are exempt from the requirement to wear a mask (Art. 6 para. 5) and persons who have been vaccinated are exempt from contact quarantine (Art. 7 para. 2 let. a) shall amount to 365 days from the date of vaccination in full; the Janssen Ad26.COV2.S / COVID-19 vaccine is regarded as being effective for 365 days from the 22nd day after it was administered in full.2 Persons who have recovered  Residents of socio-medical institutions who have recovered are exempt from the requirement to wear a mask (Art. 6 para. 5 let. b) and persons who have recovered are exempt from contact quarantine (Art. 7 para. 2 let. b) for the following periods: a.  when based on a molecular-biological analysis for Sars-CoV-2 or a Sars-CoV-2-rapid test for specialist use or a laboratory immunological analysis for Sars-CoV-2 antigens: from the 11th to the 365th day after confirmation of infection;b. when based on an analysis for Sars-CoV-2 antibodies in accordance with Article 16 paragraph 3 of the COVID-19 Ordinance on Certificates of 4 June 202172: for the term of validity of the certificate concerned.72 SR 818.102.2Annex 3 (Art. 31)Amendment of other legislation  The legislation below is amended as follows:...7373 The amendments may be consulted under AS 2021 379.Annex 474 74 Inserted by No II para. 2 of the O of 17 Dec 2021 (Mask Requirement at Upper-Secondary Level, Restrictions on Access to Persons with a Vaccination or Recovery Certificate, Restrictions on Private Events. Requirement to Work from Home, Requirements at Tertiary Level and in CET), in force from 20 Dec. 2021 to 24 Jan. 2022 (AS 2021 882).(Art. 3a para. 4)Medical reasons why a person may not be able to receive a vaccine Medical reasons why a person may not be able to receive a vaccine are as follows:a.  severe allergies to components of vaccines authorised in Switzerland confirmed by a specialist in allergology and immunology, namely the following absolute or relative contraindications of an allergic nature before or after vaccination where there is no option or recommendation to administer a different vaccine of the same or a different technology:1. severe anaphylaxis (grade III or IV) with unclear or as yet undetermined cause,2. idiopathic anaphylaxis,3. a general reaction or anaphylaxis to ingredients of the vaccine,4. known or probable immediate-type sensitisation to polyethylene glycol, tromethamine or polysorbate 80, 5. anaphylaxis following the first dose of the vaccine;b.  severe non-allergic vaccination reactions after the first or second dose of an mRNA vaccine, namely myocarditis or pericarditis, with no option or recommendation to perform the second vaccination or booster with a vaccine of the same or a different technology;c. capillary leak syndrome with no option or recommendation to be vaccinated with a vaccine other than the Janssen COVID-19 vaccine;d. pregnancy for the first 12 weeks of pregnancy and the time needed to establish the vaccination schedule;e. severe mental impairment that generally makes vaccination impossible despite psychological or medical support and individual care.