¹ This Ordinance introduces measures that apply to the general public, organisations and institutions and the cantons to combat the COVID-19 epidemic.

² The measures serve to prevent the spread of the coronavirus (COVID-19) and to break chains of transmission.

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

Every person shall follow the recommendations of the Federal Office of Public Health (FOPH) on hygiene and social distancing during the COVID-19 epidemic³.

¹ Persons travelling on public transport vehicles, such as trains, trams, buses, ships, aircraft and cableways, must wear a face mask. The following persons are exempted from this requirement:

a.

children under the age of 12;

b.⁵

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 certificate is required from a professional who is authorised to exercise their profession under their own professional responsibility in accordance with the Medical Professions Act of 23 June 2006⁶ or the Psychology Professions Act of 18 March 2011⁷.

² Public transport vehicles under paragraph 1 are:

a.⁸

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 2009⁹;

b.

aircraft operated by companies holding an operating licence in accordance with Articles 27 or 29 of the Civil Aviation Act of 21 December 1948¹⁰ that are used for scheduled or charter flights.

¹ A face mask must be worn in publicly accessible indoor and outdoor areas of businesses and establishments, including markets, in waiting areas for trains, buses trams and cableways, and in railway stations, airports and other public transport access areas.¹²

² The following persons are exempted from this requirement:

a.

children under the age of 12;

b.¹³

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 3a paragraph 1 letter b;

c.

persons in institutions that provide childcare outside the family, provided wearing a face mask significantly impedes the provision of care;

d.¹⁴

guests in restaurants, bars and clubs if they are seated at a table;

e.

persons undergoing a medical or cosmetic procedure to the face;

f.

performers, in particular speakers, and athletes and artists in accordance with Articles 6e and 6f.

^2bis Bathing establishments, including thermal baths, may provide in their precautionary measures plans for exceptions to the requirement in paragraph 1 for outdoor areas.¹⁵

³ Socio-medical institutions may in consultation with the responsible cantonal authority provide in their precautionary measures plans that the following persons are exempted from this requirement 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 2.¹⁶

⁴ The persons who are regarded as vaccinated in terms of paragraph 3 letter a are defined in Annex 2.¹⁷

¹ ...²⁰

² All persons in the following public areas must wear a face mask:

a.²¹

in busy pedestrian zones in city, town and village centres;

b.

in other public areas whenever too many people are present for the required distance to be maintained.²²

³ The exceptions under Article 3b paragraph 2 letters a and b apply to the requirement under paragraph 2.²³

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 exempted 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;

b.

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.²⁵

^2bis The persons who are regarded as vaccinated in terms of paragraph 3 letter a are defined in Annex 2.²⁶

³ 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 must be 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 2020²⁷.²⁸

^3bis The persons specified in paragraph 3 must remain in contact quarantine when not at work or travelling to work.²⁹

⁴ 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.³⁰

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-19.³¹

⁵ It shall notify the FOPH of measures taken in respect of specific categories of persons under paragraph 4.³²

¹ Contact quarantine shall last for 10 days from the time of last close contact with the person under Article 3d paragraph 1.

² Persons in contact quarantine may leave quarantine early if:

a.³³

they provide 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.

a Sars-CoV-2-rapid test according to the diagnostic standard; and

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.³⁴

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; or

b.

continues to display symptoms but these are such that the continuation of isolation is no longer justified.

¹ Operators of publicly accessible establishments and businesses, including education and training institutions, and organisers of events must draw up and implement a precautionary measures plan.

² The precautionary measures plan must meet the following requirements:

a.

It must include measures relating to hygiene and social distancing for the establishment, the business or the event.

b.

It must include measures that guarantee compliance with the requirement to wear a mask under Article 3b.

c.

It must include measures that restrict access to the establishment, business or event in such a way that allows the required distance to be maintained. This does not apply to access to public transport vehicles.

d.

If persons are present who are exempted from the requirement to wear a face mask under Article 3b paragraph 2 or under Article 6e or 6f, either the required distance must be maintained or other effective protective measures must be taken, such as erecting suitable barriers. If this is not possible because of the nature of the activity or of the premises, provision must be made for recording the contact details of the persons present in accordance with Article 5.³⁵

³ The requirements of paragraph 2 are specified in more detail in Annex 1.³⁶

⁴ A person must be designated in the precautionary measures plan as responsible for implementing the plan and as the contact for the competent authorities.

¹ If contact details are recorded in accordance with Annex 1 number 4, the persons concerned must be informed about the recording and its purpose. If the contact details are already known, as in the case of education and training institutions or private events, the persons concerned must be informed that their details may be used for this purpose.

² The contact details 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.³⁷

³ The contact details recorded may not be used for any other purposes, 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.

¹ Discotheques and dance venues are not permitted to operate.

² In restaurants, bars and clubs in which food and drinks are consumed on the premises, the following applies:

a.

Either the required distance must be maintained between individual groups of guests or effective partitioning must be in place.

b.

Guests must be seated; in particular food and drink may only be consumed while seated.

c.

Groups of guests may be a maximum of 4 persons in indoor areas and a maximum of 6 persons in outdoor areas; the foregoing does not apply to parents with children.

d.

The proprietor must record the contact details of all guests; the contact details of children who are with their parents need not be recorded.

³ Staff canteens and canteens and lunch and after-school clubs in primary and lower secondary schools are exempted from paragraph 2. In their case, the following applies:

a.

in staff canteens:

1.

persons consuming food and drinks in the restaurant area must be seated,

2.

all guests must maintain the required distance from each other,

3.

only persons working in the business concerned may be served;

b.

in canteens and lunch and after-school clubs in primary and lower secondary schools: only school pupils, teaching staff and other employees of the school the school or organisation may be served.

¹ Publicly accessible indoor areas of businesses and establishments in the culture, entertainment, leisure and sport sectors may only open to the public if the requirement to wear a mask under Article 3b is applied and the required distance can be maintained. The foregoing does not apply to:

a.

use for educational, sporting and cultural activities and for child and youth work, provided an exemption from wearing a face mask or maintaining the required distance in accordance with Articles 6e-6g applies;

b.

thermal baths and spa facilities if the activities concerned cannot be carried out while wearing a face mask; in such an event, the following applies:

1.

the capacity limits in Annex 1 number 3.1^bis letter e must be complied with, and

2.

the precautionary measures plan must include specific measures to ensure that the required distance is maintained.

² The indoor areas of businesses and establishments that are closed in accordance with paragraph 1 but which are required in order that the outdoor areas may be used, in particular entrance areas, sanitary facilities and cloakrooms may be kept open.

¹ It is prohibited to hold events involving more than 50 participants. This restriction does not apply to:⁴⁴

a.

events under Article 6c;

b.⁴⁵

political campaign events; these may be held indoors with up to 100 persons in attendance, outdoors with up to 300 persons;

c.⁴⁶

...

d.⁴⁷

religious events; these may be held indoors with up to 100 persons in attendance, outdoors with up to 300 persons;

e.⁴⁸

...

f.

education and training events permitted under Article 6d;

g.⁴⁹

sporting and cultural events in accordance with Articles 6e paragraphs 1 and 2 letter a, 6f paragraphs 2 and 3 letter a;

h.⁵⁰

events that are permitted activities under Article 6g;

i.⁵¹

events involving spectators or an audience in accordance with paragraph 1bis;

j.⁵²

large-scale events under Article 6a and pilot projects for large-scale events under Article 6b^quater.

^1bis The following applies to events involving spectators or an audience with the exception of large-scale events under Article 6a and pilot projects for large-scale events under Article 6b^quater:

a.

A maximum of 100 persons are permitted as spectators or an audience (visitors) at indoor events. A maximum of 300 is permitted at outdoor events.

b.

A maximum of one half of the seats available to visitors may be occupied.

c.

Visitors must remain seated.

d.

In derogation from letter c, in the case of outdoor sporting and cultural events involving children and young people born in 2001 or later, the requirement to be seated does not apply.

e.

If the organiser permits the consumption of food and drinks at the seats in the public area, he must record the contact details of all visitors.

f.

If the event is held in a restaurant-type establishment, only the requirements under letter a under Article 5a paragraph 2 apply.⁵³

^1ter Dance events are prohibited.⁵⁴

² In the case of events involving family members and friends (private events) that are not held in publicly accessible establishments or businesses, a maximum of 30 persons may attend indoor events and a maximum of 50 persons may attend outdoor events. Only Article 3 applies. The requirement to draw up and implement a precautionary measures plan does not apply.⁵⁵

³ It is prohibited to hold trade fairs indoors. Exempted therefrom are trade and consumer fairs under Article 6b^quinquies.⁵⁶

¹ Events involving more than 1000 persons, whether visitors or participants, (large-scale events), are permitted from 1 July 2021 provided the competent cantonal authority grants the organiser authorisation to hold the event.

² Authorisation shall be issued 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:

1.⁵⁸

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.

the organiser submits a precautionary measures plan under Article 4 which makes provision for protection measures in accordance with Articles 6b and 6b^bis or 6b^ter based on an analysis of the risks of the large-scale event concerned.

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.

⁵ 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; or

b.

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.

¹ Entry to a large-scale event shall be limited to the following persons aged 16 and over:

a.

persons who prove that they have been vaccinated against COVID-19 with a vaccine in accordance with Annex 2; the period that may have elapsed since vaccination is specified in Annex 2;

b.

persons who prove that they were infected with Sars-CoV-2 and have recovered; period that may have elapsed since recovery is specified in Annex 2;

c.

persons who can produce a negative result to one of the following COVID-19 tests:

1.

a molecular-biological analysis for Sars-CoV-2 carried out no more than 72 hours before the start of the event,

2.

a Sars-CoV-2 rapid test according to the diagnostic standard carried out no more than 24 hours before the start of the event.

² In the case of outdoor events that are held over longer routes or on routes in the open air, the cantons may permit local exceptions to the requirements under paragraph 1 if no control on access to the event is possible because of local conditions or circumstances.

³ The operation of restaurant-type establishments is governed by Article 5a.

⁴ The requirement to wear a face mask is governed by Article 3b. In addition to the exceptions under Article 3b paragraph 2, visitors to outdoor events are exempted from the requirement when seated.

⁵ In the case of sporting activities under Article 6e paragraph 2 and cultural activities under Article 6f paragraphs 2 and 3, the competent licensing authority may permit exceptions to the restrictions if the precautionary measures plan contains specific protection measures.⁶⁰

⁶ The protection measures are specified in more detail in Annex 3.

¹ For large-scale events held between 1 July and 19 August 2021, in addition to the requirements under Article 6b, the following applies:

a.

The maximum number of persons in attendance, whether visitors or participants, shall be 3000.

b.

In the case of public outdoor events, the maximum number shall be 5000 provided all the audience or spectators are seated.

c.

In the case of events that are held on longer routes or on routes in the open air, the competent licensing authority may permit exceptions to the maximum number of persons in accordance with letters a and b if it is not possible to restrict access because of local conditions or circumstances.

d.

Persons in the spectator area must be seated; exceptions are possible for spectator areas along routes or in open areas and at outdoor events that are normally held without seating.

e.

The competent licensing authority shall stipulate the maximum number of seats that may be occupied in any spectator area, taking account of the local conditions or circumstances and the precautionary measures plan submitted. This value may not exceed two thirds of capacity where spectators are seated and half of capacity where spectators are standing.

f.

The consumption of food and drinks outside of restaurant-type establishments is only permitted at the allocated seat.

g.⁶²

The ban on dance events under Article 6 paragraph 1^ter does not apply to outdoor events.

² The additional requirements under Annex 3 number 2 also apply.

¹ For large-scale events held on or after 20 August 2021, the following applies in addition to the requirements under Article 6b:

a.

The maximum number of persons, whether visitors or participants, shall be 10 000.

b.

In the case of events that are held on longer routes or on routes in the open air, the competent licensing authority may permit exceptions to the maximum number of persons in accordance with letters a and b if it is not possible to restrict access because of local conditions or circumstances.

c.

At public outdoor events where all the audience or spectators are seated, no limit applies to the number of persons.

² The ban on dance events under Article 6 paragraph 1^ter including the ban on operating the required discotheques and dance venues under Article 5a paragraph 1 does not apply.⁶⁴

¹ In order to test models for the safe and practical organisation of large-scale events, the competent cantonal authority may authorise related pilot projects to be carried out between 1 June and 30 June 2021.

² Each canton may authorise a maximum of five pilot projects, taking account of the various types of event in doing so.

³ Pilot projects must involve a minimum of 300 persons, with a maximum of 600 indoors and a maximum of 1000 outdoors, whether visitors or participants. In addition, the protection measures and requirements in accordance with Articles 6b and 6b^bis apply.

⁴ Authorisation may only be issued if:

a.

the requirements in Article 6a paragraph 2 letters a and b are met;

b.

the organiser submits a precautionary measures plan in accordance with Article 4 and Annex 3 Sections 1 and 2 that is based on an analysis of the risks of the event concerned and which aims to produce findings on the practical aspects of holding similar large-scale events;

c.

the organiser plans for an evaluation to be made of holding the event.

⁵ The evaluation must provide information on the following issues in particular in order to achieve the objective set out in paragraph 1:

a.

experiences relating to entry checks, in particular relating to its organisation, testing procedures on site and their use, the number of persons who had to be denied entry and the reasons for doing so, and options for improvement;

b.

experiences in implementing the precautionary measures plan, in particular with regard to managing movements of large numbers of persons, compliance by visitors and participants with the requirements, the practicality of the requirements, and options for improvement.

⁶ The organiser shall submit the results of the evaluation within ten days of the conclusion of the event to the competent licensing authority and, enclosing the cantonal authorisation and the precautionary measures plan, to the FOPH.

⁷ Article 6a paragraph 5 applies to revoking authorisation or issuing additional restrictions.

⁸ The canton shall notify the FOPH of authorisations that have been granted or revoked.

¹ Trade and consumer fairs with more than 1000 visitors are permitted from 1 July 2021 provided the competent cantonal authority grants the organiser authorisation. The authorisation requirements and the requirements for revoking authorisation are set out in Article 6a paragraphs 2, 4 and 5.

² The following also applies to trade and consumer fairs:

a.

If entry is restricted to persons who have been vaccinated or who have recovered and persons with a negative test result under Article 6b paragraph 1, the number of persons in attendance must be limited so that a minimum area in accordance with Annex 3 number 3.2 is available for each person; Annex 3 number 3.1 applies to conducting checks.

b.

If the entry is also open to persons who do not meet the requirements of Article 6b paragraph 1, the number of persons in attendance shall be limited in accordance with Annex 3 number 3.3.

c.

The requirement to wear a face mask is governed by Article 3b.

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 2007⁶⁸.

² Articles 4-6 do not apply to political and civil society demonstrations and to collecting signatures. Participants must wear face masks; however, the exemptions under Article 3b paragraph 2 letters a and b apply.

³ Articles 6a-6b^quater do not apply to events in accordance with paragraphs 1 and 2.⁶⁹

¹ The following applies to events in educational and training institutions:

a.

Events requiring physical presence with more than 50 persons are prohibited.

b.⁷¹

Rooms in which events are held may be filled to a maximum of one half of their capacity.

² The restrictions under paragraph 1 do not apply to:

a.

primary and lower and upper secondary schools; including the associated examinations;

b.

the following activities, provided classroom presence is required for their conduct:

1.

teaching activities that are an essential part of the teaching programme,

2.

examinations in connection with study courses, in professional education or in order to obtain an official diploma;

c.⁷²

institutions in the higher education sector and providers of higher vocational training and the advanced training, provided they have a plan for targeted and repetitive testing for Sars-CoV-2 that has been approved by the competent cantonal authority.

³ In the case of events requiring physical presence in institutions other than primary and lower secondary schools, the requirement to wear a face mask applies. This requirement does not apply:

a.

to persons under Article 3b paragraph 2 letter b;

b.

in situations in which wearing a face mask would significantly impede teaching.

¹ No restrictions apply to the following persons when carrying out sports activities including competitions:

a.

children and young people born in 2001 or later;

b.

elite athletes who hold a national or regional Swiss Olympic card or who are members of the national squad of a national sports association,

c.

members of teams that compete in a professional or semi-professional league or a national junior league; where competition is professional or semi-professional only in the league for one of the two sexes, this also applies to sporting activities in the league for the other sex.

² For persons other than those mentioned in paragraph 1, the following applies when carrying out sports activities:

a.

The activities may be carried out by individuals or in groups of a maximum of 50 persons.

b.

Outdoors a face mask must be worn or the required distance must be maintained; the requirements to wear a face mask and maintain the necessary distance may be disregarded only if contact details are recorded.

c.

In indoor areas the capacity limit under Annex 1 number 3.1^bis letter f must be complied with, a face mask must be worn and the required distance must be maintained; the following exceptions are permitted:

1.

a face mask need not be worn if:

-

the activity cannot otherwise be carried out and

-

there is sufficient space to satisfy the stricter requirements of Annex 1 number 3.1^quater letters a and b,

2.

a face mask need not be worn and the required distance need not be maintained if:

-

physical contact is unavoidable in the sport concerned

-

the activity is always carried out in permanent groups of a maximum of four persons and

-

there is sufficient space to satisfy the stricter requirements of Annex 1 number 3.1^quater letter c,

3.

contact details must be recorded.

³ Activities under paragraphs 1 letter a and 2 in groups of up to 5 persons are exempted from the requirement to draw up a precautionary measures plan under Article 4.

¹ The operation of museums, libraries, archives and comparable cultural institutions is subject only to the requirement of a precautionary measures plan pursuant to Article 4 and the requirements of Article 5d paragraph 1.

² For the following persons, the only restriction that applies when carrying out cultural activities is that performances by choirs before an audience in indoor areas are prohibited:

a.

children and young people born in 2001 or later;

b.

professional artists.

³ For persons other than those mentioned in paragraph 2, the following applies when carrying out cultural activities:

a.

The activities may be carried out by individuals or in groups of a maximum of 50 persons.

b.

Outdoors a face mask must be worn or the required distance must be maintained; the requirements to wear a face mask and maintain the necessary distance may be disregarded only if contact details are recorded.

c.

Indoors the capacity limit in Annex 1 number 3.1^bis letter f must be complied with, a face mask must be worn and the required distance must be maintained; the following exceptions are permitted:

1.

face masks are not required if:

-

the activity cannot otherwise be carried out and

-

there is sufficient space to satisfy the stricter requirements of Annex 1 number 3.1^ter letters a and b,

2.

a face mask need not be worn and the required distance need not be maintained if:

-

physical contact is unavoidable in the sport concerned

-

the activity is always carried out in permanent groups of a maximum of four persons and

-

there is sufficient space to satisfy the stricter requirements of Annex 1 number 3.1ter letter c,

3.

contact details must be recorded.

d.

Choir performances in indoor areas are prohibited.

⁴ Activities under paragraph 2 letter a and paragraph 3 involving groups of up to 5 persons are exempt from the requirement to draw up a precautionary measures plan under Article 4.

Activities of organisations and institutions involved in public child and youth work are permitted provided the following requirements are met:

a.

The activities are for children and young persons born in 2001 or later.

b.

A qualified person supervises the activities of the children and young persons.

c.

The precautionary measures plan indicates:

1.

the permitted activities; parties, dance events and the provision of food and drinks are not permitted at any time;

2.

the maximum permitted number of children and young persons.

¹ The responsible cantonal authority may authorise a relaxation of the requirements under Article 4 paragraphs 2-4 and Articles 6 and 6c-6f provided:⁷⁶

overriding public interests so require;

abis.⁷⁷the epidemiological situation in the canton or the region concerned permits this based on the indicators specified in Article 8 paragraph 1 letter a; and

b.⁷⁸

the organiser or operator submits a precautionary measures plan under Article 4 that includes specific measures to prevent the spread of the coronavirus and to break transmission chains.

^2-5 ...⁷⁹

⁶ ...⁸⁰

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 the following indicators and their trends:

1.

incidence (7-day, 14-day),

2.

the number of new infections (per day, per week),

3.

the number of positive tests as a percentage of the total number of tests carried out (positivity rate),

4.

the number of tests carried out (per day, per week),

5.

the reproduction number,

6.

in-patient capacities and the number of persons newly hospitalised (per day, per week), including those in intensive care;

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.

³ It shall consult the FOPH beforehand and inform the FOPH of the measures taken.

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.

^1bis The responsible cantonal authorities shall conduct regularly checks on compliance with the precautionary measures plans, in particular in restaurant-type establishments.⁸²

² 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.⁸³

³ ... ⁸⁴

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 related measures.

^1bis All persons must wear face masks indoors, including in vehicles in which more than one person is present. This requirement does not apply to:⁸⁵

a.⁸⁶

...

b.

activities for which masks cannot be worn for safety or security reasons or because of the nature of the activity;

c.⁸⁷

persons who are exempted from the requirement wear a mask in accordance with Article 3b paragraph 2.⁸⁸

² Employers shall take further measures in accordance with the STOP Principle (Substitution, Technical measures, Organisational measures, Personal protective equipment), in particular physical separation, separate teams or wearing face masks outdoors.⁸⁹

³ Where the nature of the activity makes this possible and feasible at a reasonable cost, employers shall ensure that employees fulfil their work obligations from home. They shall take the appropriate organisational and technical measures for this purpose. Employees shall not be entitled to any reimbursement of expenses for fulfilling their work obligations from home on the basis of this provision.⁹⁰

^3bis Employers shall be relieved of the obligation under paragraph 3 to require employees to work from home provided they have introduced a test plan under Article 3d paragraph 3.⁹¹

⁴ For the protection of particularly vulnerable employees, Article 27a of COVID-19 Ordinance 3 of 19 June 2020⁹² also applies.⁹³

¹ Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 1964⁹⁴, the authorities implementing the Employment Act and the Federal Act of 20 March 1981⁹⁵ on Accident Insurance are responsible for implementing Article 10.

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.

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.

Any person who commits any of the following acts shall be liable to a fine:

a.⁹⁷

as an operator or organiser, wilfully or negligently failing to comply with the requirements imposed in Article 4 paragraphs 1 and 2 or in Articles 5a, 5d paragraph 1, 6 paragraph 1^bis letters b-d, 6b paragraph 1, 6b^bis paragraph 1 letter e, 6b^quater paragraphs 3 and 6, 6b^quinquies paragraph 2 letters a and b and 6d-6g;

b.

as an operator or organiser, wilfully or negligently processing contact details recorded pursuant to Article 5 for other purposes in contravention of Article 5 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.⁹⁸

...

d.⁹⁹

wilfully holding an event or a trade or consumer fair involving more persons than are permitted under Article 6 paragraph 1, 1^bis letter a
or 2, 6b^bis paragraph 1 letter a or b, 6b^ter letter a, 6b^quater paragraph 3 or 6b^quinquies paragraph 2 letter a or b, or wilfully participating in an event under Article 6 paragraph 1, 1^bis or 2 involving more persons than are permitted;

e.¹⁰⁰

wilfully holding a dance event or trade fair the holding of which is prohibited by Article 6 paragraph 1^ter or 3;

e^bis.¹⁰¹

wilfully holding a large-scale event under Article 6a paragraph 1 or a trade or consumer fair under Article 6b^quinquies paragraph 1 without the required authorisation or in derogation from the approved precautionary measures plan;

e^ter.¹⁰²

wilfully participating in a dance event;

f.¹⁰³

wilfully or negligently failing to wear a face mask in contravention of Article 3a or 3b paragraph 1 in public transport vehicles, publicly accessible indoor and outdoor areas of businesses and establishments, including markets, trade fairs or large-scale events in waiting areas for trains, buses trams and cableways, and in railway stations, airports and other public transport access areas, unless an exception pursuant to Article 3a paragraph 1, 3b paragraph 2 or 2^bis or 6b paragraph 4 second sentence applies;

g.¹⁰⁴

...

h.¹⁰⁵

as a guest of a restaurant or bar or as a person attending an event, wilfully contravening the requirement to be seated in Article 5a paragraph 2 letter b, 6 paragraph 1^bis letter c or 6b^bis paragraph 1 letter d;

i.

wilfully or negligently failing to wear a face mask at a political or civil society demonstration or when collecting signatures, unless an exception pursuant to Article 6c paragraph 2 second sentence applies.

¹ The Federal Department of Home Affairs shall update Annexes 1-3 in accordance with the latest scientific knowledge.

² 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.

The following Ordinances are amended as follows:

...¹⁰⁷

¹ With the exception of paragraph 2, this Ordinance comes into force on 22 June 2020 at 00.00.

² Article 6 paragraph 4 and Article 14 number 2 come into force on 20 June 2020 at 00.00.

³ ...¹⁰⁹

⁴ ...¹¹⁰

⁵ ...¹¹¹