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 this 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.

guests in restaurants, bars and clubs who 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.

¹ Gatherings of more than five persons are prohibited in public places such as squares, paths and parks.¹⁶

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

a.¹⁷

in busy pedestrian zones in city, town and village centres and winter sports resorts;

b.

in other public areas whenever too many people are present for the required distance to be maintained.¹⁸

³ The exceptions under Article 3b paragraph 2 letters a and b apply to the requirement under paragraph 2.¹⁹

¹ The responsible cantonal authority shall place into quarantine persons who within the periods specified below have had close contact with:

a.

a person whose infection with Sars-CoV-2 has been confirmed or is probable and who is displaying symptoms: 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: 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 within the three months prior to having close contact with one of the persons under paragraph 1 were infected with and have recovered from Sars-CoV-2 and who have been permitted by the responsible cantonal authority to leave isolation;

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 The responsible cantonal authority may in justified cases authorise additional exemptions from or relaxations of the regulations on contact quarantine for specific persons. It shall notify the FOPH of such exemptions and relaxations.

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.

they provide the responsible cantonal authority with proof of a negative result for one of the following tests carried out at their own expense on or after the seventh day of quarantine:

1.

a molecular-biological test for Sars-CoV-2,

2.

a Sars-CoV-2-rapid test; and

b.

the responsible cantonal authority agrees to the early termination of quarantine.

³ Persons 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 under paragraph 2 would have ended.

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 5.²¹

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.²²

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.

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.

when consuming food and drinks, guests must maintain the required distance from other persons;

c.

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

d.

restaurants and bars in hotels that are open only to hotel guests; for these, the following applies:

1.

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

2.

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

3.

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

4.

the proprietor must record the contact details of at least one guest in each group of guests.

³ Businesses under paragraph 2 letters a and d may open between 6am and 11pm. Businesses under paragraph 2 letter d may remain open until 1am on the night of 31 December to 1 January.

¹ Communes with ski areas and significant numbers of winter sport guests (winter sports resorts) must draw up and implement a precautionary measures plan containing measures to guarantee compliance with social distancing requirements and to prevent gatherings of people in public areas.

² The precautionary measures plan must have rules on the following in particular:

a.

coordinating the opening hours of shops and restaurant-type establishments and arrangements for public access and waiting areas outside such shops and establishments;

b.

directing the movement of persons, in particular in areas around public transport stops and in car parks; these measures must be coordinated with those taken by the ski area operator;

c.

details of the locations where COVID-19 tests can be conducted;

d.

the deployment of staff to monitor compliance with the measures.

¹ A ski area is defined as the entirety of transport installations pertaining to an operator, including the related ski slopes, sledge runs and other snow sports facilities.

² Ski area operators require authorisation from the responsible cantonal authority.

³ Authorisation shall be granted if:

a.

the epidemiological situation in the canton or region concerned so permits, whereby the situation must be assessed based on the indicators specified in Article 8 paragraph 1 letter a in particular;

b.

the canton has the capacities required to identify and notify persons who may have been infected as stipulated in Article 33 EpidA and the related exchange of data between cantons is guaranteed;

c.

the facilities for out- and in-patient healthcare services in the canton or region concerned have sufficient capacities for treating both persons who are ill with COVID-19 and other persons, in particular those with sports injuries;

d.

the canton in which the winter sports resort or region is located has sufficient test capacities for persons with symptoms of COVID-19; and

e.

the operator submits a precautionary measures plan.

⁴ The operator's precautionary measures plan must provide for the following in addition to what is required by Article 4:

a.

Occupancy of closed vehicles may not exceed two thirds of capacity.

b.

The movement of persons on access paths to public transport stops and car parks for transport installations as well as in access and waiting areas for these installations must be arranged so as to comply with the requirements of social distancing; on access paths the movement of persons must be organised in coordination with the winter sports resorts and the transport operators.

c.

Persons standing in the vicinity of and travelling on the transport installations must wear a face mask. Persons standing in the vicinity of the installation must also comply with social distancing requirements.

d.

Persons who are infected with the coronavirus or who have symptoms of a COVID-19-illness may not be admitted to the ski area; to this end, suitable precautions must be taken, in particular requiring guests to make a personal declaration and instructing staff not to transport guests with obvious symptoms.

e.²⁷

The precautionary measures plan must be coordinated with the precautionary measures plans of the winter sports resorts.

f.

Compliance with the measures in the precautionary measures plan must be monitored; in particular, compliance with social distancing requirements in access and waiting areas for transport installations must be checked.

g.

Guests who fail to comply with the measures in the precautionary measures plan despite repeated warnings shall be removed from the ski area.

⁵ The cantons shall conduct regular checks on whether the precautionary measures plan is being correctly implemented. They shall withdraw authorisation or impose additional requirements if:

a.

the operator fails to implement the precautionary measures plan correctly despite receiving a warning to do so;

b.

any of the requirements under paragraph 3 letters a-d is no longer satisfied.

¹ Publicly accessible businesses and establishments in the fields of culture, entertainment, leisure and sport shall be closed to the public, in particular:

a.

culture, leisure and entertainment establishments such as cinemas, museums and exhibition halls, reading rooms of libraries and archives, casinos and gaming halls, concert halls and theatres, and the indoor areas and non-freely-accessible outdoor areas of botanical gardens and zoos;

b.

sports and spa establishments, in particular sports and fitness centres, ice rinks and swimming pools, with the exception of:

1.²⁹

ski areas and other facilities on open terrain,

2.

equestrian facilities,

3.

hotel facilities for hotel guests only.

² The use of businesses and establishments in the fields of culture and sport for activities for children and young people under the age of 16 remains permitted.

¹ Shops and outdoor markets are closed to the public. Goods that have been ordered may be collected from the premises.

² Paragraph 1 does not apply to the following businesses, including outdoor markets offering similar goods:

a.

food shops and other shops selling foodstuffs or other goods for essential daily needs as listed in Annex 2;

b.

pharmacies, chemist's shops and shops selling medical aids (e.g. eyeglasses, hearing aids);

c.

telecommunication providers' sales points;

d.

repair and maintenance shops, such as laundries, sewing shops, shoemakers, locksmiths as well as automobile garages and bicycle shops, insofar as they offer repairs;

e.

DIY stores, garden centres and hardware stores offering construction and garden supplies as listed in Annex 2;

f.

florist shops;

g.

petrol stations.

³ Paragraph 1 does not apply to outdoor livestock and slaughter livestock markets either.

Publicly accessible businesses and establishments offering services, such as post offices, banks, travel agencies, barbers and hairdressers, including those offering self-service facilities, must remain closed between 7pm and 6am and on Sundays; the foregoing does not apply to:

a.

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

b.

organisations offering social support services (contact points);

c.

public administration offices and police stations;

d.

ticket offices operated by public transport businesses;

e.

car hire offices;

f.

machines for obtaining a service, in particular for withdrawing money.

¹ The holding of events is prohibited. The following are exempt from the prohibition:

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.

events permitted under Article 6d;

g.

sporting or cultural events without spectators or an audience under Articles 6e and 6f paragraphs 2 and 3;

h.

events involving family and friends under paragraph 2.³⁴

² A maximum of five persons may attend events involving family members and friends (private events). The requirement to draw up and implement a precautionary measures plan does not apply.³⁵

³ It is prohibited to hold trade fairs and markets 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 2007³⁸.

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 Events requiring physical presence in educational and training institutions are prohibited. The following are exempt from this prohibition:

a.

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

b.

one-on-one lessons;

c.

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.⁴⁰

^1bis In justified cases, more than 50 persons may participate in the examinations specified in paragraph 1.⁴¹

² Students, teaching staff and all other staff in upper secondary schools must wear a face mask in situations requiring physical presence. An exception to this requirement is situations in which wearing a face mask would significantly impede teaching.

³ For sporting and cultural activities with classes of students in upper secondary schools, the provisions in Article 6e relating to the non-professional sector apply with the following exceptions:

a.

There are no restrictions on group numbers.

b.

Indoor sports activities are permitted if participants wear a face mask and maintain the required distance; wearing a face mask is not required in large halls provided additional distancing rules and capacity restrictions apply.⁴²

⁴ For cultural activities with young adults in upper secondary schools, the requirements in Article 6f for the non-professional sector apply, with the exception of the restriction on group numbers.⁴³

¹ The following sports activities are permitted:⁴⁵

a.⁴⁶

sports activities for children and young persons under the age of 16; competitions are prohibited;

b.⁴⁷

outdoor sports activities that do not involve physical contact for individuals and groups of up to 5 persons over the age of 16, provided participants wear a face mask or maintain the required distance; competitions are prohibited;

c.

training activities and competitions involving elite athletes who are members of the national squad of a national sports association and 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 predominantly professional league.

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 ...⁴⁹

² In the cultural sector, the following activities are permitted, including using the required establishments and businesses:

a.

in the non-professional sector:

1.

activities by children and young persons under the age of 16,

2.⁵⁰

activities by individuals over the age of 16,

3.⁵¹

activities in groups of up to 5 persons over the age of 16, provided participants wear face masks and maintain the required distance; face masks are not required in spacious premises provided additional distancing requirements and restrictions on numbers apply;

b.

in the professional sector: rehearsing, practising and performing by artists or ensembles.

³ The following applies to the activities that involve singing:⁵²

a.⁵³

In the non-professional sector, the following is prohibited:

1.

persons singing together outside the family circle;

2.

practising and performing in choirs or with singers.

b.

In the professional sector:

1.

performances involving choirs are prohibited;

2.

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

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

¹ The responsible cantonal authority may authorise a relaxation of the requirements under Article 4 paragraphs 2-4 and Articles 5-6f provided:⁵⁴

overriding public interests so require;

abis.⁵⁵the 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.⁵⁶

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 ...⁵⁷

⁶ ...⁵⁸

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 winter sports resorts and ski areas.⁶⁰

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.⁶¹

³ Paragraphs 1 letter a and 2 first sentence also apply to precautionary measures plans in winter sports resorts.⁶²

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:⁶³

a.⁶⁴

...

b.

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

c.⁶⁵

persons who are exempted from the requirement wear a mask in accordance with Article 3b paragraph 2.⁶⁶

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.⁶⁷

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.⁶⁸

⁴ For the protection of particularly vulnerable employees, Article 27a of COVID-19 Ordinance 3 of 19 June 2020⁶⁹ also applies.⁷⁰

¹ Pursuant to the health protection provisions in Article 6 of the Employment Act of 13 March 1964⁷¹, the authorities implementing the Employment Act and the Federal Act of 20 March 1981⁷² 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.

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, 5e, 5f and 6d-6f;

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.

wilfully operating a ski area without the required authorisation pursuant to Article 5c paragraph 2 or in derogation from the approved precautionary measures plan;

d.

wilfully holding a large-scale event prohibited under Article 6 paragraphs 1 and 2 or participating in such an event;

e.

wilfully holding a trade fair or market the holding of which is prohibited by Article 6 paragraph 3.

f.

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 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.

as a guest of a restaurant or bar for hotel guests, wilfully contravening the requirement to be seated in Article 5a paragraph 2 letter d number 2;

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:

...⁷⁴

¹ Ski area operators that have already begun operations before 9 December 2020 and wish to continue or that wish to begin operations before 22 December 2020 must submit their precautionary measures plan under Article 5c paragraph 4 to the responsible cantonal authority by 11 December 2020.

² If the precautionary measures plan is not submitted on time, operations are only permitted once the responsible cantonal authority grants authorisation.

³ The cantonal authority shall decide within ten days of receiving the precautionary measures plan.

⁴ Winter sports resorts must be able to produce their precautionary measures plans under Article 5b on 18 December 2020 and must implement them from this date.

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 ...⁷⁶

⁴ ...⁷⁷

⁵ ...⁷⁸