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 who are consuming food or drinks while 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 in accordance with the FOPH vaccination recommendations for mRNA vaccines: for 6 months from the 14th day after vaccination;

b.¹⁶

residents who can prove that they have been infected with Sars-
CoV-2 and have recovered: for 6 months from the date on which they were authorised to leave isolation by the responsible cantonal authority.¹⁷

¹ Gatherings of more than 15 persons are prohibited in public places such as squares, paths and parks.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.²⁵

persons who have proof that they were infected with and have recovered from Sars-CoV-2: for 6 months from the date on which they were authorised to leave isolation by the responsible cantonal authority;

b.

persons who carry out an activity that is of high importance to society and for which there is an acute shortage of staff.

³ Persons working for businesses in which employees are subject to systematic and repetitive testing are exempted from contact quarantine during their professional activities and when travelling to work, provided the following requirements are met:

a.

The business has a plan that allows employees simple access to tests on the premises; employees must be able to take a test at least once a week.

b.

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 2020²⁶.

c.

The persons concerned remain in contact quarantine when not at work or travelling to work.²⁷

⁴ In respect of specific persons or categories of persons, the responsible cantonal authority may:

in justified cases authorise additional exemptions from or relaxations of the regulations on contact quarantine for specific persons;

in cases other than those under paragraph 1 or even if the requirements under paragraph 3 are met, place a person in contact quarantine if this is necessary in order to prevent the spread of COVID-19.²⁸

⁵ It shall notify the FOPH of measures taken in respect of specific categories of persons under paragraph 4.²⁹

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.³⁰

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.³¹

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 5.³²

³ The requirements of paragraph 2 are specified in more detail in Annex 1. The Federal Department of Home Affairs (FDHA) shall update these requirements in consultation with the Federal Department of Economic Affairs, Education and Research (EAER) in line with the latest scientific advice.

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.³³

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 Restaurants, bars, clubs, discotheques and dance halls are not permitted to operate.

² The prohibition does not apply to the following businesses:

a.

businesses that offer takeaway food and drinks and that deliver meals;

b.

restaurants, cafés, bars and clubs including takeaway businesses, provided they only offer food and drinks for consumption in outdoor areas; outdoor areas are defined as terraces and other spaces outside of a building where the free circulation of air is guaranteed and which:

1.

are not covered, or

2.

are covered but at least half of their sides are open.

c.

staff canteens that cater exclusively for persons working in the business concerned and that include the following measures in their precautionary measures plan on serving and consuming food and drinks:

1.

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

2.

either the required distance must be maintained between individual guests or effective partitioning must be in place;

d.

restaurants and cafés, the indoor areas of which are open only to professional drivers and other professionals who are required to work outdoors, in particular agricultural and construction workers, tradespeople and assembly workers; in such restaurants and cafés, the following applies in addition to the protection measures under letter c:

1.

they must notify the responsible cantonal authority of the services that they are offering,

2.

they may only serve guests who have made a reservation; the foregoing does not apply to serving professional drivers,

3.

they must record the contact details of all their guests;

e.

canteens or lunch and after-school clubs in primary and lower secondary schools that cater exclusively for schoolchildren, teaching staff and other school employees;

f.

restaurants and bars in hotels that are open only to hotel guests.

³ In establishments under paragraph 2 letters b and f, the following applies:

a.

groups of guests are limited to 4 persons per table; this does not apply to parents with children;

b.

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

c.

groups of guests must either maintain the required distance from each other or must be separated by effective barriers;

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.

⁴ The following opening hours apply:

Businesses under paragraph 2 letters a and d must remain closed between 11pm and 6am.

Businesses under paragraph 2 letters c and d may only open during customary mealtimes and must in every case remain closed between 10pm and 6am; the foregoing does not apply to restaurants and cafés in companies that operate 24 hours a day in shifts.

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.

hotel facilities that are accessible to hotel guests only.

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 with more than 15 participants. This restriction does not apply to:⁴⁰

a.

events under Article 6c;

b.

political campaign events with up to 50 persons in attendance;

c.

hearings before courts and arbitration tribunals;

d.

religious events with up to 50 persons in attendance;

e.

funerals attended by family and close friends;

f.

education and training events permitted under Article 6d;

g.⁴¹

sporting or cultural events under Articles 6e paragraph 1 and 6f paragraphs 2 and 3;

h.⁴²

events that are permitted activities under Article 6g;

i.⁴³

events with spectators or an audience in accordance with paragraph 1bis.

^1bis The following applies to events with spectators or an audience:

a.

a maximum of 50 persons are permitted as spectators or an audience (visitors) at indoor events. A maximum of 100 is permitted at outdoor events.

b.

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

c.

Visitors must remain seated for the entire event, including any intervals, unless there are valid reasons for not remaining seated for a period; each visitor must be allocated a specific seat.

d.

The operation of restaurant-type establishments including takeaway businesses is prohibited.

e.

The consumption of food and drinks is prohibited.⁴⁴

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 10 persons may attend indoor events and a maximum of 15 persons may attend outdoor events. Only Article 3 applies. The requirement to draw up and implement a precautionary measures plan does not apply.⁴⁵

³ It is prohibited to hold trade fairs indoors.

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 2007⁴⁸.

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.

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

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

Rooms in which the events are held may be filled to a maximum of one third 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.

² 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 The following sports activities are permitted:

a.

sports activities for children and young persons born in 2001 or later, including matches and competitions without spectators;

b.

sports activities, including matches and competitions without spectators, for individuals or in groups of up to 15 persons born in 2000 or earlier:

1.

outdoors provided participants wear a face mask or maintain the required distance,

2.

indoors subject to compliance the capacity limits under Annex 1 number 3.1^bis letter f provided participants wear a face mask or maintain the required distance; face masks are not required if the activity cannot otherwise be carried out, there is sufficient space to meet the stricter requirements of Annex 1 number 3.1^quater and contact details are recorded in accordance with Article 5;

c.

training activities and competitions involving elite athletes who:

1.

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

2.

who train as individuals, in groups of up to 15 persons or as an established competitive team;

d.

training activities and competitive matches involving 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, the training activities and competitive matches may also take place in the league for the other sex.

² Sports activities in groups of up to 5 persons under paragraph 1 letters a and b 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 In the non-professional cultural sector, the following activities are permitted, with the exception of performances before an audience:

any activities by children and young persons born in 2001 or later;

activities by any individual born in 2000 or earlier;

indoor activities in groups of up to 15 persons born in 2000 or earlier subject to the capacity limits in Annex 1 number 3.1^bis letter f, provided participants wear face masks and maintain the required distance; face masks are not required if the activity cannot otherwise be carried out, there is sufficient space to meet the stricter requirements of Annex 1 number 3.1^ter and contact details are recorded in accordance with Article 5;

outdoor activities in groups of up to 15 persons born in 2000 or earlier, provided participants wear face masks and maintain the required distance;

³ In the professional cultural sector, all activities by artists or ensembles are permitted. The following applies to the activities that involve singing:

performances involving choirs with an audience are prohibited;

rehearsing and performing that involves singers is only permitted if the precautionary measures plan includes relevant protective measures.

⁴ Events under paragraph 2 letters a, c and d involving groups of up to 5 persons are exempt from the requirement to draw up a precautionary measures plan under Article 4.

¹ 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, dancing events and the provision of food and drinks are not permitted at any time;

2.

the maximum permitted number of children and young persons.

² Dancing events and the provision of food and drinks in indoor areas are not permitted.

¹ The responsible cantonal authority may authorise a relaxation of the requirements under Article 4 paragraphs 2-4 and Articles 5-6f provided:⁵³

overriding public interests so require;

abis.⁵⁴the 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.⁵⁵

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 ...⁵⁶

⁶ ...⁵⁷

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.⁵⁹

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.⁶⁰

³ ... ⁶¹

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:⁶²

a.⁶³

...

b.

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

c.⁶⁴

persons who are exempted from the requirement wear a mask in accordance with Article 3b paragraph 2.⁶⁵

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.⁶⁶

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.⁶⁷

⁴ For the protection of particularly vulnerable employees, Article 27a of COVID-19 Ordinance 3 of 19 June 2020⁶⁸ also applies.⁶⁹

¹ Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 1964⁷⁰, the authorities implementing the Employment Act and the Federal Act of 20 March 1981⁷¹ 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.⁷³

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 1bis letters a-d 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.⁷⁴

...

d.⁷⁵

wilfully holding an event involving more persons than are permitted under Article 6 paragraphs 1, 1bis or 2, or wilfully participating in such an event;

e.⁷⁶

wilfully holding a trade fair the holding of which is prohibited by Article 6 paragraph 3;

f.⁷⁷

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, 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 or Article 3b paragraph 2 and 2bis applies;

g.

wilfully contravening the ban on gatherings of people in public areas in Article 3c paragraph 1 or pursuant to a stricter provision of cantonal law;

h.⁷⁸

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 3 letter b or Article 6 paragraph 1^bis letter c;

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.

The following Ordinances are amended as follows:

...⁷⁹

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 ...⁸¹

⁴ ...⁸²

⁵ ...⁸³