¹ This Ordinance orders measures applicable to the population, organisations and institutions and the cantons to combat and reduce the risk of transmission of the coronavirus (COVID-19).

² The measures serve to:

a.

prevent or contain the spread of the coronavirus (COVID-19) in Switzerland;

b.

reduce the frequency of transmission, break transmission chains and prevent or contain localised outbreaks;

c.

protect persons at high risk;

d.

ensure Switzerland’s capacities to manage the epidemic, in particular to maintain the conditions required to provide the population with adequate care and a sufficient supply of therapeutic products.

Unless this Ordinance provides otherwise, the cantons shall retain their responsibilities.

The cantons shall monitor compliance with the measures on their territory, unless the Confederation is responsible for enforcement.

¹ Classroom teaching in compulsory schools, upper secondary level schools, tertiary level institutions and in other educational institutions is permitted provided a precautionary measures plan in accordance with paragraphs 4-6 is implemented.

² The cantons shall decide how classroom teaching is carried out in compulsory schools, upper secondary level schools and cantonal tertiary level institutions.

³ If classroom teaching does not take place in compulsory schools, the cantons shall provide suitable childcare services for school pupils.

⁴ In consultation with the Swiss Conference of Cantonal Directors of Education in the case of compulsory schools, upper secondary level schools and cantonal tertiary level institutions, and the Rectors’ Conference of the Swiss Universities (swissuniversities) for the higher education sector, the FOPH shall decide on the measures required to minimise the risk of transmission to pupils and students and to persons working in the school. The cantons shall ensure that the requirements of the precautionary measures plans are met in schools and in related childcare services.

⁵ In the domain of the Swiss Federal Institutes of Technology (ETH Domain), the FOPH shall work with the ETH Board to decide on the measures under paragraph 4. The ETH Board shall ensure that the relevant requirements are met in the ETH Domain through precautionary measures plans.

⁶ All other educational institutions, children’s nurseries and other childcare services must prepare and implement a precautionary measures plan. Article 6d applies mutatis mutandis.

⁴ The competent cantonal authority shall monitor the implementation of the precautionary measures plans.

¹ ...

² Events with over 300 persons are prohibited.

³ For events and for businesses and establishments where such events are held, such as cinemas, concert venues and theatres, the following applies:

a.

A precautionary measures plan in accordance with Article 6d must be prepared and implemented.

b.

If persons in attendance who do not live in the same household come into close proximity with each other, Article 6e on collecting contact details also applies.

c.

The event organiser must designate a person as responsible for ensuring compliance with the precautionary measures plan.

⁴ In the case of private events, in particular family events, that are not held in an establishment or business under Article 6a where the organisers know who the participants are, the following applies:

a.

The FOPH recommendations on hygiene and social distancing must be complied with; however compliance with these recommendations is not required if it is not expedient, in particular in the case of parents with their children or in the case of persons who live in the same household.

b.

If persons who do not live in the same household come into close proximity with each other, the obligation to pass on contact details under Article 6e paragraph 1 letter b applies.

⁵ For holiday camps for children and young adults, only paragraph 3 letters a and c apply, together with the obligation to pass on contact details under Article 6e paragraph 1 letter b.

⁶ For sports events, only the requirements of Article 6c apply.

¹ Publicly accessible establishments and businesses must prepare and implement a precautionary measures plan in accordance with Article 6d. This applies in particular to:

a.

shops and markets for selling goods;

b.

shops and businesses offering services, such as post offices, banks, travel agents, hairdressers or tattoo studios;

c.

museums, libraries and archives;

d.

stations and other public transport facilities and businesses, as well as tourist transport systems;

e.

public administration offices;

f.

social work establishments (e.g. contact points);

g.

healthcare facilities, such as hospitals, clinics and medical practices, as well as practices and facilities operated by healthcare specialists under federal and cantonal law;

h.

hotel and accommodation establishments, as well as campsites and pitches for the travelling community;

i.

take-away businesses, and meal (home) delivery services;

j.

restaurant-type businesses, including cafés, bars and canteens (staff or school canteens);

k.

discotheques, dance halls and nightclubs;

l.

leisure and entertainment establishments, such as cinemas, concert venues, theatres, casinos, sports centres, fitness centres, swimming pools, spas, botanical and zoological gardens and zoos;

m.

strip clubs and services offered by sex workers, including those offered on private premises.

² If persons who do not live in the same household come into close proximity with each other in establishments and businesses under paragraph 1 letters k–m, Article 6e on collecting contact details also applies.

³ Discotheques, dance halls and nightclubs may permit a maximum of 300 guests to enter their premises each day.

⁴ The following also applies to restaurant-type businesses under paragraph 1 letter j:

a.

The groups of guests must be placed at individual tables in such a manner that compliance with the FOPH recommendations on social distancing between the groups is ensured; the foregoing does not apply to canteens in compulsory schools.

b.

Guests must sit when consuming food and drinks.

c.

For each group of guests comprising 4 or more persons, the contact details of at least one guest must be obtained. Article 6e paragraph 1 applies; the foregoing does not apply to the self-service areas, canteens in compulsory schools and staff canteens;

d.

Staff canteens may only be used by persons working in the establishment concerned and canteens in compulsory schools may only be used by school pupils, teaching staff and other school employees.

⁵ Restaurant-type businesses under paragraph 1 letter j and discotheques, dance halls and night clubs must remain closed between midnight and 6.00am.

¹ No more than 300 persons may participate in any political rally or demonstration.

² For rallies and demonstrations under paragraph 1 and when collecting signatures, the organiser must:

a.

prepare and implement a precautionary measures plan under Article 6d;

b.

designate a person as responsible for ensuring compliance with the precautionary measures plan and as a contact person for the competent authorities during the rally, demonstration or signature collection.

¹ In the case of sports events, including matches in the presence of spectators, no more than 300 persons may be present.

² The organisers of sports activities, in particular clubs and operators of sports facilities, must prepare and implement a precautionary measures plan under Article 6d.

³ For sports activities that require continuous close physical contact, in particular competitive dancing, wrestling, American football and rugby, the following applies:

a.

training sessions are only permitted for established teams and provided a list of contact details is kept; Article 6e paragraph 1 letters b and c apply.

b.

matches are prohibited.

⁴ For matches with spectators the following applies:

a.

The spectators must comply with the FOPH recommendations on hygiene and social distancing, and a person must be designated as responsible for compliance; the recommendations on social distancing do not apply to persons for whom compliance is not expedient, in particular parents with their children or persons who live in the same household.

b.

If spectators come into close proximity with each other, Article 6e on the collection of contact details applies.

¹ The precautionary measures plans that must be prepared and implemented by the operators of establishments and organisers of events under Articles 6–6c must guarantee that the risk of transmission is minimised for:

a.

customers, clients, visitors and participants; and

b.

persons working in the establishment or business, or at the event.

² The FOPH shall specify the requirements for precautionary measures plans; it shall do so in cooperation with other responsible federal authorities, in particular SECO in relation to employment law aspects, the Federal Food Safety and Veterinary Office in relation to restaurant-type businesses and the Federal Office of Sport in relation to sports activities.

³ The sectoral or professional or sports associations shall if possible devise general plans for their sectors or field that take account of the requirements referred to in paragraph 2. The sectoral or professional associations shall consult their social partners thereon.

⁴ The operators and organisers shall if possible base their precautionary measures plans on the general plans for their sector or their associations under paragraph 3 or directly on the requirements under paragraph 2.

⁵ The competent cantonal authorities shall close individual facilities or prohibit individual events where the operator or organiser fails to prepare for adequate precautionary measures or fails to implement such measures.

¹ Where persons come into close proximity with each other, the precautionary measures plan must contain the following measures on collecting contact details:

a.

The first name, surname and telephone number of participants, visitors or guests must be recorded; they must be informed of the reason for doing this beforehand.

b.

Pursuant to Article 33 EpidA, these contact details must be passed on to the responsible cantonal authority at its request for the purpose of identifying and notifying persons who may have been infected.

c.

The contact details may not be used for any other purpose, must be kept for 14 days after the person concerned participated in the event or visited the establishment or business and thereafter must be destroyed immediately; the foregoing does not apply if the person concerned expressly consents to the further processing of the data.

² Persons come into close proximity under paragraph 1 if they are within two metres of each other for a period of more than fifteen minutes, unless protective measures are taken, such a wearing a face mask or providing suitable protective barriers.

³ In setting out the requirements for precautionary measures plans under Article 6d paragraph 2, the FOPH shall specify in greater detail what is considered to be in close proximity with regard to the activities in specific sectors or areas. In doing so, it shall take account of the latest medical science.

¹ In the case of company meetings, the organiser may, regardless of the probable number of participants and without complying with the period of notice for convening meetings, order the participants to exercise their rights exclusively:

a.

in writing or online; or

b.

through an independent proxy appointed by the organiser.

² The organiser shall decide within the period specified in Article 12 paragraph 10. Notification of the order must be given in writing or published online no later than four days before the event.

The competent cantonal authority may authorise exceptions to the bans under Articles 5–6 if:

a.

overriding public interests so require; and

b.

the organiser or the establishment manager submits a precautionary measures plan under Article 6d that also includes specific preventive measures, in particular:

1.

measures to exclude persons who are or who feel ill,

2.

measures to protect persons at high risk,

3.

measures to avoid chains of infection.

¹ Postal service providers as defined in Article 1 letter a of the Postal Service Ordinance of 29 August 2012² are permitted to deliver to the population on each day of the week and in all parts of the country foodstuffs and everyday household articles that have been ordered online.

² Special authorisation from SECO for working on Sundays and an exemption from the prohibition of Sunday driving for related deliveries are not required, provided the postal service provider is registered with the Federal Postal Services Commission.

³ Pursuant to Article 3 paragraph 3 of the Road Traffic Act of 19 December³, postal service providers making deliveries in terms of paragraph 1 are also exempted from the requirement to comply with driving prohibitions and other traffic restrictions, in particular in town centres and pedestrian zones.

DETEC may in response to a justified request from Swiss Post authorise the temporary restriction or temporary selective suspension of local, regional or supra-regional services that form part of universal postal services and universal payment transaction services in accordance with the Postal Services Act of 17 December 2010² (PostSA). Goods transport and payment transactions in accordance with the PostSA must be maintained if at all possible.

¹ Gatherings of more than 30 persons in public areas, in particular in public places, on footpaths or in parks are prohibited. The foregoing does not apply to gatherings of school children in school playgrounds.²

² In the case of gatherings of up to 30 persons, the FOPH recommendations on hygiene and social distancing must be complied with; the recommendations on social distancing do not apply to persons for whom compliance is not expedient, in particular schoolchildren, parents with their children, or persons who demonstrably live in the same household.³

³ The police and enforcement bodies authorised by the cantons shall ensure compliance with the requirements that apply in public areas.

¹ Employers in the main and ancillary construction industry and in other industries are required to comply with the recommendations issued by the FOPH relating to hygiene and social distancing. In particular, the number of persons present on construction sites or in other workplaces must be limited accordingly, the organisation of construction sites and other workplaces must be adapted and the use in particular of break rooms and canteens must be suitably restricted.²

² Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 1964³, the executive authorities under the Employment Act and the Federal Act of 20 March 1981⁴ on Accident Insurance are responsible for enforcing paragraph 1.

³ The competent cantonal authorities may close individual businesses or construction sites in the event of any failure to comply with the obligations under paragraph 1.

¹ If, as a result of the epidemiological situation, there is a special risk to the health of the population in any canton, the Federal Council may in response to a justified request authorise the canton concerned to restrict or suspend the activities of certain sectors of the economy for a limited time and in specific regions.

² The Federal Council may authorise requests under paragraph 1 in their entirety or in part, provided the following requirements are met:

a.

The canton has insufficient capacity in the healthcare sector even after support is provided by other cantons.

b.

The sectors concerned are highly unlikely to be able to implement the preventive measures under Article 7d paragraph 1.

c.

The social partners, once consulted, agree to the measures provided for in paragraph 1.

d.²

The provision of the population with goods to meet daily needs and with essential services, and the provision of healthcare facilities and their suppliers remains guaranteed.

e.

The ability of the relevant sectors of the economy to function is compromised by the absence of cross-border commuters.

³ If the measures taken by a canton exceed what the Federal Council has authorised, the canton shall not be entitled to compensation for short-time work from the Confederation.

⁴ The Federal Council may exempt specific economic sectors or establishments that play an important role in the provision of goods to meet daily needs and of essential services from the restriction or suspension of their activities.³

⁵ Establishments that credibly demonstrate to cantonal workplace health and safety inspectorate that they are implementing the preventive measures under Article 7d paragraph 1 may continue to operate.

¹ The competent cantonal authorities may carry out controls of establishments and venues at any time without prior notice.

² Establishment managers, organisers and employers must grant the competent cantonal authorities access to the premises and venues.¹

³ Orders issued by the competent cantonal authorities when carrying out on-site controls must be implemented immediately.

The cantons are required to report the following information regularly to the CMS:

a.

the total number and occupancy of hospital beds;

b.²

the total number and occupancy of hospital beds that are available for treating cases of COVID-19 and the number of patients currently being treated for COVID-19;

c.³

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 availability of devices for extracorporeal membrane oxygenation (ECMO);

e.⁴

...

f.

details on the availability of medical and nursing staff in hospitals;

g.

maximum capacity, i.e. the total number of all patients and the total number of COVID-19 patients that can be treated by their hospitals given the numbers of beds and staff available.

¹ ...³

² The cantons shall ensure that sufficient capacities (in particular beds and specialist staff) are available in the inpatient departments of hospitals and clinics for COVID-19 patients and for other urgently required medical examinations and treatments, in particular in the intensive care units and the general internal medicine departments.⁴

³ For this purpose, they may require hospitals and clinics:

a.

to make their inpatient capacities available immediately or on demand; and

b.

to restrict or suspend non-urgent medical procedures and treatments.⁵

⁴ The hospitals and clinics must ensure that supplies of medicinal products for COVID-19 patients and for other urgently required medical examinations and treatments is guaranteed in their outpatient and inpatient departments.⁶

⁵ ...⁷

¹ Where the costs of diagnostic molecular-biological analyses for SARS-CoV-2 in the case of persons displaying symptoms that meet the FOPH clinical criteria for suspicion, sampling and reporting of 22 April 2020² are not covered under the provisions of the Federal Act of 18 March 1994³ on Health Insurance or the Federal Act of 20 March 1981⁴ on Accident Insurance, the analyses shall be deemed to be medical investigations ordered in accordance with Articles 31 paragraph 1 and 36 EpidA.

² In these cases, in accordance with Article 71 letter a EpidA, the costs shall be paid by the canton in which the person concerned is resident.

¹ ...¹

² Persons at high risk are persons aged 65 and over and persons suffering from any of the following diseases in particular: high blood pressure, diabetes, cardio-vascular diseases, chronic respiratory diseases, diseases and treatments that weaken the immune system, cancer.

³ The categories mentioned in paragraph 2 shall be specified according to medical criteria in Annex 6. This list is not exhaustive; the clinical assessment of the risk in individual cases is reserved.²

⁴ The FOPH shall regularly update Annex 6.³

¹ Employers shall make it possible for employees who are at high risk to carry out their work from home. They shall take the required organisational and technical measures to achieve this.

² If it is not possible for an employee to carry out normal working duties from home, the employer shall in derogation from the contract of employment assign the employee concerned equivalent alternative work that can be carried out from home for the same pay. The employer shall take the organisational and technical measures required to do this.

³ If for operational reasons the presence of employees at high risk in the normal workplace is essential, the employees may carry out their normal working duties in their normal workplace provided the following requirements are met:

a.

The workplace is organised so as to prevent any close contact with other persons, in particular by providing the employee concerned with his or her own room or a clearly separate working area that allows the employee to maintain a minimum distance of two metres from others.

b.

In cases where close contact cannot be avoided at all times, appropriate protective measures shall be taken in accordance with the STOP principle (substitution, technical measures, organisational measures, personal protective equipment).

⁴ If it is not possible for the employees concerned to work in accordance with paragraphs 1–3, the employer shall in derogation from the contract of employment assign them equivalent alternative work in their normal workplace for the same pay in conditions which meet the requirements of paragraph 3 letters a and b.

⁵ Before the employer takes any measures, he or she shall consult the employees concerned.

⁶ The employee concerned may decline to carry out work assigned to him or her if the employer fails to meet the requirements of paragraphs 1–4 or if the employee regards his or her personal risk of infection with the coronavirus for specific reasons as being too high despite the employer taking measures in accordance with paragraphs 3 and 4. The employer may request a medical certificate.

⁷ If it is not possible for the employee concerned to work in accordance with paragraphs 1–4, or if the employee declines the work assigned in terms of paragraph 6, the employer shall furlough the employee while continuing to pay his or her salary.

⁸ Employees shall give notice that they are at high risk by making a personal declaration. The employer may request a medical certificate.

¹ Unless a more serious offence under the Criminal Code¹ has been committed, any person who wilfully commits any of the following offences is liable to a custodial sentence not exceeding three years or to a monetary penalty:

a.

organises or holds an event prohibited under Article 6;

b.

as the organiser or person responsible fails to comply with or implement the requirements for holding events under Article 6 paragraphs 3–5;

c.

as the person responsible for an establishment or business that is accessible to the public fails to comply with or implement the requirements under Article 6a;

d.

as the organiser or person responsible fails to comply with or implement requirements for holding rallies or demonstrations or collecting signatures under Article 6b;

e.

organises or conducts sports activities that are prohibited by Article 6c;

f.

as the organiser or person responsible fails to comply with or implement the requirements for sports activities permitted under Article 6c.²

² A fine shall be imposed on any person who:

a.³

violates the ban on gatherings of people in public areas under Article 7c paragraph 1;

b.⁴

exports protective equipment or essential medical goods for which a licence is required under Article 4b paragraph 1 without holding such a licence;

c.⁵ ...

d.⁶

... .⁷

³ The following offences carry a fixed penalty fine of 100 francs pursuant to the procedure under the Fixed Penalties Act of 18 March 2016⁸.

a.⁹

violations of the ban on gatherings of people in public areas under Article 7c paragraph 1;

b.¹⁰...

c.¹¹

... .¹²

⁴ ...¹³

⁵  ...¹⁴

The Ordinance of 28 February 2020¹ on Measures to Combat the Coronavirus (COVID-19) is repealed.

¹ Subject to paragraph 2, this Ordinance comes into force on 13 March 2020 at 15.30.

² Article 5 comes into force on 16 March 2020 at 06.00.

³ Subject the following paragraphs, this Ordinance applies for a maximum of 6 months from its commencement in accordance with paragraph 1.¹

⁴ ...²

⁵ ...³

⁶ ...⁴

⁷ ...⁵

⁸ ...⁶

⁹ ...⁷

¹⁰ Chapter 3 (Arts 5–8) and Article 10f paragraphs 1, 2 letter a and 3 letter a apply, subject to the following paragraphs, until 5 July 2020.⁸

¹¹ Article 6b applies until 30 June 2020.⁹

¹² Article 6 paragraph 1 applies until 31 August 2020.¹⁰