Use of chemicals: new system for affected companies
Companies that use chemicals have a new IT system at their disposal to fulfill their duty to handle chemicals with care. This new IT system is being developed in connection with the amendment of Ordinances 1 and 3 to the Labor Act (ArGV 1 and 3) by the Federal Council on June 19, 2024.
According to Articles 1 and 25 of the Chemicals Act (ChemG; SR 813.1) and Article 6 of the Labor Act (ArG; SR 822.11), employers must protect the life and health of their employees from the harmful effects of hazardous substances in the workplace. In order to help companies implement these obligations and to support the cantonal labor inspectorates in their enforcement tasks, the State Secretariat for Economic Affairs (SECO) has developed an information and documentation system called SICHEM (for Safe handling of CHEMicals) has been developed.
Article 44b ArG authorizes SECO and the cantonal labour inspectorates to operate information or documentation systems in order to fulfil their duties in the area of employee protection in accordance with the Labour Act. Based on this provision, Article 85 paragraph 1 ArGV 1 lists the circumstances that entitle the Confederation to operate an automated information and documentation system. In connection with the revision of ArGV 1 and ArGV 3, the amendment of Article 85 ArGV 1 is intended to create a legal basis for the operation of the SICHEM IT application.
In addition, the new Article 24a ArGV 3 specifies the obligation to handle chemicals with care. This is therefore not a new obligation, but a reminder of an existing one. To this end, the employer must keep a list of the chemicals used in the company and, in view of the activities carried out with them, examine the hazards and risks associated with their use. In addition, he must take all measures that are appropriate, necessary and reasonable according to the state of the art in order to ensure careful handling of the substances and preparations covered by the ChemA. The provision also specifies the order in which the measures are to be taken, namely according to the STOP principle: substitution, technical measures, organizational measures, personal protective equipment.
The amendment to the two ordinances will enter into force on September 1, 2024.
Source: Federal Department of Economic Affairs, Education and Research
