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Ordinance
to the Federal Act on Protection against the Risks
associated with Non-Ionising Radiation and with Sound
(O-NIRSA)

of 27 February 2019 (Status as of 31 August 2022)

The Swiss Federal Council,

based on the Federal Act of 16 June 2017 on Protection against Non-Ionising Radiation and Sound1 (NIRSA),

ordains:

1 SR 814.71

Section 1 Use of Solariums

Art. 1 Definition  

For the pur­poses of this Sec­tion, sol­ari­ums means sys­tems, devices and lamps which ex­pose the skin to ul­tra­vi­olet (UV) ra­di­ation.
Art. 2 Duties of the operator  

1 Sol­ari­um op­er­at­ors must en­sure that:

a.
sol­ari­ums for users are vis­ibly clas­si­fied as UV type 1, 2, 3 or 4 in ac­cord­ance with An­nex 1 Num­ber 1;
b.
the total eryth­em­al ef­fect­ive ir­ra­di­ance of a sol­ari­um, tak­ing in­to ac­count the max­im­um val­ues of the ra­di­ation com­pon­ents giv­en in An­nex 1 Num­ber 1, does not ex­ceed 0.3 watt per square metre;
c.
a device-spe­cif­ic ir­ra­di­ation plan in ac­cord­ance to An­nex 1 Num­ber 2 shall be made avail­able to the users;
d.
UV pro­tect­ive goggles of the type spe­cified by the sol­ari­um man­u­fac­turer are avail­able;
e.
users may only use a sol­ari­um of UV type 4 if they present a med­ic­al cer­ti­fic­ate to the staff.

2 The op­er­at­or must equip and op­er­ate the sol­ari­um in such a way that:

a.
per­sons aged un­der 18 years can­not use the sol­ari­um;
b.
the users can eas­ily set the para­met­ers of the ex­pos­ure sched­ule on the sol­ari­um.

3 The op­er­at­or, pri­or to the users us­ing the sol­ari­um, must:

a.
in­form them that risk groups, as spe­cified in An­nex 1 Num­ber 3, must not use a sol­ari­um un­der any cir­cum­stances;
b.
ex­plain the dangers of UV ir­ra­di­ation as lis­ted in An­nex 1 Num­ber 4, as well as meas­ures to min­im­ise these dangers.
Art. 3 Unattended solariums  

In the ab­sence of an at­tend­ant, sol­ari­um op­er­at­ors may only make sol­ari­ums of UV type 3 avail­able.
Art. 4 Attended solariums  

For the op­er­a­tion of sol­ari­ums of UV types 1, 2 and 4, sol­ari­um op­er­at­ors must de­ploy per­son­nel trained in ac­cord­ance with the fol­low­ing stand­ards2:

a.
SN EN 16489–1:2014, «Pro­fes­sion­al in­door UV ex­pos­ure ser­vices – Part 1: Re­quire­ments for the pro­vi­sion of train­ing»;
b.
SN EN 16489–2:2015, «Pro­fes­sion­al in­door UV ex­pos­ure ser­vices – Part 2: Re­quired qual­i­fic­a­tion and com­pet­ence of the in­door UV ex­pos­ure con­sult­ant».

2 This stand­ard can be con­sul­ted free of charge and pur­chased from the Swiss As­so­ci­ation for Stand­ard­iz­a­tion, Sulzer­allee 70, 8404Win­ter­thur, www.snv.ch

Section 2 Use of Products for Cosmetic Purposes

Art. 5 Carrying out treatments  

1 Treat­ments as spe­cified in An­nex 2 Num­ber 1 with products that for their ef­fect gen­er­ate non-ion­ising ra­di­ation or sound may be car­ried out by the fol­low­ing per­sons:

a.
phys­i­cians who are au­thor­ised to prac­tice their pro­fes­sion un­der their own pro­fes­sion­al re­spons­ib­il­ity;
b.
prac­tice per­son­nel dir­ectly in­struc­ted by and un­der the dir­ect su­per­vi­sion and re­spons­ib­il­ity of a phys­i­cian as spe­cified un­der let­ter a;
c.
per­sons with a cer­ti­fic­ate of com­pet­ence ob­tained through an ex­am­in­a­tion.

2 Treat­ments spe­cified in An­nex 2 Num­ber 2 with such products shall be per­formed ex­clus­ively by per­sons spe­cified in para­graph 1 let­ters a or b.
Art. 6 Prohibited use  

The fol­low­ing are pro­hib­ited:

a.
re­mov­al of tat­toos and per­man­ent make-up by means of in­tense pulsed light (IPL);
b.
re­mov­al of melano­cyt­ic naevi by means of a laser or IPL.
Art. 7 Responsibilities of the administrative body for certificates of competence  

1 The ad­min­is­trat­ive body for cer­ti­fic­ates of com­pet­ence shall be made up of the pro­fes­sion­al as­so­ci­ations with med­ic­al and cos­met­ic ori­ent­a­tion.

2 It draws up the train­ing pro­gramme, the ex­am­in­a­tion con­tent and the ex­am­in­a­tion reg­u­la­tions for the cer­ti­fic­ates of com­pet­ence. The train­ing pro­gramme must provide the know-how and skills as spe­cified in An­nex 2 Num­ber 3, and which re­flect the state of the art in sci­ence and tech­no­logy. The ex­am­in­a­tions must cer­ti­fy the ac­quis­i­tion of these skills and know-how.
Art. 8 Responsibilities of the examining bodies  

1 The ex­amin­ing bod­ies shall con­duct ex­am­in­a­tions and is­sue the cer­ti­fic­ates of com­pet­ence.

2 They shall no­ti­fy the Fed­er­al Of­fice of Pub­lic Health (FOPH) of the cer­ti­fic­ates of com­pet­ence is­sued, in­clud­ing the fol­low­ing de­tails of the re­cip­i­ent:

a.
name and first name;
b.
date of birth;
c.
treat­ments the re­cip­i­ent is per­mit­ted to carry out in ac­cord­ance with An­nex 2 Num­ber 1.
Art. 9 Requirements for training and examinations  

1 Train­ing and ex­am­in­a­tions must re­flect the train­ing pro­gramme and the ex­am­in­a­tion con­tent.

2 The FDHA, by means of an Or­din­ance, ad­opts a list of cer­ti­fic­ates of com­pet­ence which ful­fil the re­quire­ments of An­nex 2 Num­ber 3.

3 The FOPH re­cog­nises the equi­val­ence of oth­er train­ing qual­i­fic­a­tions if the ac­quired skills and know­ledge ful­fil these re­quire­ments.

Section 3 Events involving Laser Radiation

Art. 10 Definitions  

For the pur­poses of this Sec­tion:

a.
event in­volving laser ra­di­ationmeans: a laser light show, holo­graph­ic pro­jec­tion or as­tro­nomy present­a­tion;
b.
audi­ence zonemeans: the floor area re­served for the audi­ence, in­clud­ing the space up to 3 metres above and 2.5 metres to the side of the floor area.
Art. 11 Classification of laser devices  

Laser devices are as­signed to Classes 1, 1M, 2, 2M, 3R, 3B and 4 in ac­cord­ance with SN EN 60825–1:20143, «Safety of laser products – Part 1: Equip­ment clas­si­fic­a­tion and re­quire­ments».

3 This stand­ard can be con­sul­ted free of charge and pur­chased from the Swiss As­so­ci­ation for Stand­ard­iz­a­tion, Sulzer­allee 70, 8404Win­ter­thur, www.snv.ch
Art. 12 Event with no laser radiation in the audience zone  

1 Any per­son who con­ducts an event without laser ra­di­ation in the audi­ence zone, but at which a laser device of Class 1M, 2M, 3R, 3B or 4 is op­er­ated, must ap­point a per­son meet­ing the re­quire­ments of para­graph 2 let­ter a to do this.

2 The per­son who op­er­ates the laser device must:

a.
have a cer­ti­fic­ate of com­pet­ence level 1 as spe­cified in Art­icle 16 para­graph 1 let­ter a or a cer­ti­fic­ate of com­pet­ence level 2 as spe­cified in Art­icle 16 para­graph 1 let­ter b;
b.
com­ply with the re­quire­ments spe­cified in An­nex 3 Num­ber 1.1;
c.
no­ti­fy the FOPH, via its no­ti­fic­a­tion portal, no later than 14 days be­fore the event, in ac­cord­ance with An­nex 3 Num­bers 2.1 and 2.2.
Art. 13 Event with laser radiation in the audience zone  

1 Any per­son who con­ducts an event with laser ra­di­ation in the audi­ence zone, at which a laser device of Class 1M, 2M, 3R, 3B or 4 is op­er­ated, must ap­point a per­son meet­ing the re­quire­ments of para­graph 2 let­ter a to do this.

2 The per­son who op­er­ates the laser device must:

a.
have a cer­ti­fic­ate of com­pet­ence level 2 as spe­cified in Art­icle 16 let­ter b;
b.
com­ply with the re­quire­ments spe­cified in An­nex 3 Num­ber 1.2;
c.
no­ti­fy the FOPH, via its no­ti­fic­a­tion portal, no later than 14 days be­fore the event, in ac­cord­ance with An­nex 3 Num­bers 2.1 and 2.3.

3 Per­sons with a cer­ti­fic­ate of com­pet­ence level 2 may in­struct a per­son with a cer­ti­fic­ate of com­pet­ence level 1 to su­per­vise an event with laser ra­di­ation in the audi­ence zone.
Art. 14 Laser radiation in or into the open air  

1 Any per­son who op­er­ates a laser device of any class to emit laser ra­di­ation in or in­to the open air may not en­danger oth­er people; in par­tic­u­lar, pi­lots, air­port staff and lo­co­mot­ive or mo­tor vehicle drivers must not be dazzled.

2 If a laser device emits laser ra­di­ation in­to air­space, then, in or­der to en­sure the safety of flight op­er­a­tions, the fol­low­ing per­sons shall provide the fol­low­ing in­form­a­tion to the FOPH via its no­ti­fic­a­tion portal no later than 14 days in ad­vance in ac­cord­ance with An­nex 3 Num­ber 2.1:

a.
to op­er­ate laser devices of Class 1M, 2M, 3R, 3B or 4: the per­son with a cer­ti­fic­ate of com­pet­ence level 1 or 2 pur­su­ant to Art­icles 12 or 13;
b.
to op­er­ate laser devices of Class 1 or 2: the or­gan­iser.
Art. 15 Notification portal for events involving laser radiation  

1 The FOPH shall main­tain an elec­tron­ic no­ti­fic­a­tion portal for events in­volving laser ra­di­ation.

2 Data in ac­cord­ance with An­nex 3 Num­ber 2is col­lec­ted via this portal.

3 The FOPH shall use the data ex­clus­ively for the tasks un­der this Or­din­ance.

4 No later than 10 years after the end of the event or series of events, the FOPH shall of­fer per­son­al data to the Fed­er­al Archive and des­troy data des­ig­nated as not worth archiv­ing by the Fed­er­al Archive.

5 It shall en­sure that the no­ti­fic­a­tion portal op­er­ates with state of the art tech­no­logy with re­gard to data pro­tec­tion and data se­cur­ity.
Art. 16 Acquisition of competence  

1 Train­ing and ex­am­in­a­tions for the ac­quis­i­tion of com­pet­ence must com­prise the fol­low­ing mod­ules:

a.
for the cer­ti­fic­ate of com­pet­ence level 1, the mod­ules spe­cified in An­nex 3 Num­bers 3.1–3.3;
b.
for the cer­ti­fic­ate of com­pet­ence level 2, the mod­ules spe­cified in An­nex 3 Num­bers 3.1–3.4.

2 The cer­ti­fic­ate of com­pet­ences at levels 1 and 2 are ob­tained by passing an ex­am­in­a­tion.

3 The train­ing and the ex­am­in­a­tion must cor­res­pond to the state of the art in sci­ence and tech­no­logy.

4 The FDHA, by means of an Or­din­ance, shall main­tain a list of the cer­ti­fic­ates of com­pet­ence at levels 1 and 2 which ful­fil the re­quire­ments of An­nex 3 Num­ber 3.

5 The FOPH shall re­cog­nise the equi­val­ence of oth­er train­ing qual­i­fic­a­tions if the ac­quired skills and know­ledge ful­fil these re­quire­ments.
Art. 17 Responsibilities of the examining bodies  

The ex­amin­ing bod­ies shall carry out the ex­am­in­a­tions, is­sue the cer­ti­fic­ates of com­pet­ence at levels 1 and 2, and keep ex­am­in­a­tion stat­ist­ics.

Section 4 Events involving Sound

Art. 18 Average sound level  

The av­er­age sound level LAeq1h is defined as the A-weighted and equi­val­ent long-term sound level LAeq meas­ured over 60 minutes in dB(A).
Art. 19 Sound level limit values for events  

1 At events in­volving elec­troacous­tic­ally amp­li­fied sound:

a.
the av­er­age sound level must not ex­ceed 100 dB(A);
b.
the max­im­um sound level must not ex­ceed 125 dB(A) at any time.

2 At events for chil­dren or ad­oles­cents un­der 16, the av­er­age sound level must not ex­ceed 93 dB(A).
Art. 20 Obligations of the event organiser  

1 Any per­son who car­ries out events in­volving elec­troacous­tic­ally amp­li­fied sound must:

a.
in the case of an av­er­age sound level great­er than 93 dB(A), no­ti­fy this in writ­ing to the can­ton­al en­force­ment au­thor­ity at least 14 days be­fore­hand with the in­form­a­tion spe­cified in An­nex 4 Num­ber 1;
b.
in the case of an av­er­age sound level great­er than 93 dB(A) and less than or equal to 96 dB(A), com­ply with the re­quire­ments spe­cified in An­nex 4 Num­ber 2;
c.
in the case of an av­er­age sound level great­er than 96 dB(A) and less than or equal to 100 dB(A):
1.
with a sound ex­pos­ure time for no longer than three hours, com­ply with the re­quire­ments spe­cified in An­nex 4 Num­ber 3.1,
2.
with a sound ex­pos­ure time for more than three hours, com­ply with the re­quire­ments spe­cified in An­nex 4 Num­ber 3.2.

2 At an event in­volving elec­troacous­tic­ally amp­li­fied sound whose av­er­age sound level over­all is great­er than 93 dB(A), and which com­prises a num­ber of com­pon­ent events at the same loc­a­tion, the com­pon­ent event with the highest av­er­age sound level de­term­ines wheth­er the ob­lig­a­tions spe­cified in para­graph 1 let­ter b must be met for the whole peri­od of the event or wheth­er these ob­lig­a­tions are gov­erned by para­graph 1 let­ter c.

3 Any per­son who car­ries out events in­volving sound that is not elec­troacous­tic­ally amp­li­fied with an av­er­age sound level great­er than 93 dB(A) must, both in build­ings and at fixed out­door loc­a­tions, com­ply with the re­quire­ments spe­cified in An­nex 4 Num­ber 4.
Art. 21 Determination of the sound levels and control measurements  

1 Meas­ure­ments and cal­cu­la­tions to de­term­ine the sound level shall com­ply with An­nex 4 Num­ber 5.

2 The can­ton­al en­force­ment body may ter­min­ate a sound meas­ure­ment as soon as it can demon­strate by cal­cu­la­tion that the lim­it for the no­ti­fied av­er­age sound level is ex­ceeded.

Section 5 Laser Pointers

Art. 22 Definition  

For the pur­poses of this Sec­tion, laser point­er means a laser device which, on ac­count of its size and weight, can be held in and guided by hand and which emits laser ra­di­ation for point­ing out ob­jects and loc­a­tions, for en­ter­tain­ment and for de­fence or re­pel­lent pur­poses.
Art. 23 Prohibitions and permissible use  

1 The im­port, trans­it, of­fer­ing and sup­ply and the pos­ses­sion of the fol­low­ing are pro­hib­ited:

a.
laser point­ers of Classes 1M, 2, 2M, 3R, 3B and 4;
b.
laser point­ers which are not or are in­cor­rectly la­belled with a laser class in ac­cord­ance with SN EN 60825–1:20144, «Safety of laser products – Part 1: Equip­ment clas­si­fic­a­tion and re­quire­ments»;
c.
an ac­cess­ory which is able to fo­cus the laser ra­di­ation emit­ted by laser point­ers.

2 The im­port and pos­ses­sion of laser point­ers of classes 1, 1M, 2, 2M, 3R and 3B are per­mit­ted for the pur­pose of bird con­trol on air­port peri­met­ers, in­so­far as the com­pet­ent au­thor­it­ies have au­thor­ised their use for this pur­pose.

3 Class 1 laser point­ers may only be used in­doors and only for point­ing pur­poses.

4 This stand­ard can be con­sul­ted free of charge and pur­chased from the Swiss As­so­ci­ation for Stand­ard­iz­a­tion, Sulzer­allee 70, 8404Win­ter­thur, www.snv.ch

Section 6 Enforcement and Fees Charged by the Federal Authorities

Art. 24 Responsibilities of the FOPH  

1 The FOPH shall en­force Sec­tion 3 con­cern­ing events in­volving laser ra­di­ation as fol­lows:

a.
It shall re­view the sub­mit­ted no­ti­fic­a­tions, and it may veri­fy com­pli­ance with the re­quire­ments on-site.
b.
It shall trans­mit no­ti­fic­a­tions per­tain­ing to laser ra­di­ation in­to the air­space as spe­cified in Art­icle 14 para­graph 2 to the com­pet­ent body for flight safety.

2 It shall make en­force­ment aids avail­able to the fed­er­al and can­ton­al en­force­ment bod­ies.
Art. 25 Responsibilities of the FOCBS  

The Fed­er­al Of­fice for Cus­toms and Bor­der Se­cur­ity (FO­CBS)5 shall en­force the pro­hib­i­tion on im­port and trans­it spe­cified in Art­icle 23 para­graph 1.

5 The name of this ad­min­is­trat­ive unit was changed on 1 Jan. 2022 pur­su­ant to Art. 20 para. 2 of the Pub­lic­a­tions Or­din­ance of 7 Oct. 2015 (SR 170.512.1) (AS 2021 589). This change has been made throughout the text.
Art. 26 Fees  

1 Fees are charged for con­trols and meas­ures. They are charged ac­cord­ing to the time spent. The hourly rate is 90–200 Swiss francs, de­pend­ing on the re­quis­ite ex­pert­ise and the seni­or­ity of the per­son­nel in­volved.

2 No fees are charged for con­trols that do not re­veal any non‑com­pli­ance.

3 Oth­er­wise, the pro­vi­sions of the Gen­er­al Fees Or­din­ance of 8 Septem­ber 20046 ap­ply.

6 SR 172.041.1
Art. 27 Controls by the enforcement bodies and cooperation duties  

1 The FOPH and the can­ton­al en­force­ment bod­ies may carry out un­an­nounced con­trols and meas­ure­ments in event ven­ues and premises with a view to col­lect­ing fur­ther evid­ence.

2 The FOPH and can­ton­al en­force­ment bod­ies shall be provided, free of charge, with all the in­form­a­tion and doc­u­ments they re­quire and with ac­cess to the premises and event.

3 With re­gard to on-site con­trols for events in­volving laser ra­di­ation, the dir­ect­ives from the FOPH shall be im­ple­men­ted without delay.

Section 7 Final Provisions

Art. 28 Repeal and amendment of other legislation  

1 The Sound Levels and Laser Or­din­ance of 28 Feb­ru­ary 20077 is re­pealed.

2 ...8

7 [AS 20071307, 2010 4489, 2012 793]

8 The amend­ment may be con­sul­ted un­der AS 2019 999.
Art. 29 Transitional provisions  

1 Op­er­at­ors of sol­ari­ums must:

a.
have equipped and op­er­ate their sol­ari­ums in ac­cord­ance with the re­quire­ments of this Or­din­ance one year at the latest after this Or­din­ance comes in­to force;
b.
by 1 Janu­ary 2022 at the latest have equipped their sol­ari­ums in such a way, and op­er­ate them as of this date, such that they can­not be used by per­sons aged un­der 18.

2 Treat­ments as spe­cified in An­nex 2 Num­ber 1 may con­tin­ue to be car­ried out up to five years after this Or­din­ance comes in­to force without the cer­ti­fic­ate of com­pet­ence spe­cified in Art­icle 5. In this re­gard, the use of Class 4 lasers and of high en­er­get­ic pulsed non-co­her­ent light sources which are com­mer­cial­ised as med­ic­al devices is gov­erned by An­nex 6 Num­ber 1 let­ters b and c and Num­ber 2 let­ters b and c of the Med­ic­al Devices Or­din­ance of 17 Oc­to­ber 20019 as amended on 24 March 201010.

3 Events in­volving laser ra­di­ation may con­tin­ue to be con­duc­ted in ac­cord­ance with the Sound Levels and Laser Or­din­ance of 28 Feb­ru­ary 200711 for up to 18 months after this Or­din­ance comes in­to force.

4 Laser point­ers of Classes 1M, 2M, 3R, 3B and 4 must be dis­posed of pro­fes­sion­ally with­in one year at the latest after this Or­din­ance comes in­to force. Their pos­ses­sion is per­mit­ted up to then, but it is pro­hib­ited to use them.

5 Laser point­ers of Class 2 must be dis­posed of pro­fes­sion­ally with­in two years at the latest after this Or­din­ance comes in­to force. Up to then their pos­ses­sion and use are only per­mit­ted in­doors and only for point­ing pur­poses.

9 SR 812.213

10 AS 20071307, 2010 4489, 2012 793

11 AS 2007 1307
Art. 30 Commencement  

This Or­din­ance comes in­to force on 1 June 2019.

Annex 1

(Art. 2)

Use of solariums

1 UV types of solarium

Solarium UV type

Effective irradiance W/m2

UVB radiation component250 nm < ≤ 320 nm

UVA radiation component320 nm < ≤ 400 nm

1

< 0.0005

≥ 0.15

2

0.0005 to 0.15

≥ 0.15

3

< 0.15

< 0.15

4

≥ 0.15

< 0.15

2 Exposure schedule

The following settings must be available for each specific type of device and be easily adjustable on the device by the users:

Session series

Session

Irradiation time

Irradiation quantity12

Waiting period before next treatment

% of maximum annual dose13

1

1st session with non-tanned skin

Operator indication

max. 100 J/m2

48 hours

Operator indication

2nd session with non-tanned skin

Operator indication min. 10 minutes

max. 250 J/m2

48 hours

Operator indication

Following session 1

Operator indication min. 10 minutes

Operator indication max. 600 J/m2

48 hours

Operator indication

Following session 2

Operator indication min. 10 minutes

Operator indication max. 600 J/m2

48 hours

Operator indication

Following session …

Operator indication min. 10 minutes

Operator indication max. 600 J/m2

48 hours

Operator indication

Total session series

Max. 3000 J/m2

Total session 1

2

Total session series 2

Max. 3000 J/m2

Total session 2

…

Total session series …

Max. 3000 J/m2

Total series …

All session series

Total

Total year max. 25 000 J/m2

12 Weighted according to the erythema action spectrum of Standard SN EN 60335-2-27:2013, «Household and similar electrical appliances - Safety - Part 2-27: Particular requirements for appliances for skin exposure to ultraviolet and infrared radiation».

13 Weighted with the effect spectrum for non-melanocytic skin cancer SN EN 60335-2-27:2013, of Standard SN EN 60335-2-27:2013, «Household and similar electrical appliances - Safety - Part 2-27: Particular requirements for appliances for skin exposure to ultraviolet and infrared radiation».

3 Risk groups

3.1
Information on the risk groups listed below must be posted in the entrance to the establishment; the information must be easily visible and readable on a DIN A1 size poster and written in the official languages of the relevant canton and in English.
3.2
The risk groups are:
3.2.1
Persons who suffer or have suffered from skin cancer;
3.2.2
Persons with an increased risk of skin cancer, particularly if:
a.
they have a first-degree relative with a history of melanoma,
b.
they have a history of frequent severe sunburn during childhood,
c.
they have moles indicating an increased risk of skin cancer (more than 16 moles, asymmetrical irregularly shaped moles larger than 5 millimetres in diameter with variable pigmentation or irregular borders);
3.2.3
Persons sensitive to UV radiation who:
a.
suffer from sunburn,
b.
are not able to tan at all or burn easily when exposed to the sun,
c.
tend to freckle,
d.
have abnormal discoloured patches on the skin,
e.
have a natural red hair colour,
f.
are being treated for photosensitivity,
g.
are receiving photosensitising medications.

4 Dangers and Measures

4.1
The following information on the dangers and measures must be posted in close proximity to the devices, be easily visible and readable on a DIN A1 size poster and written in the official languages of the relevant canton and in English.
4.2
The operator must inform users that:
4.2.1
UV radiation from solariums can cause irreversible skin or eye damage, such as skin cancer or lens opacity (cataracts);
4.2.2
UV radiation at any age and particularly at an early age increases the risk of skin damage in later life;
4.2.3
after overexposure to UV radiation, the skin may develop sunburn, premature skin aging may occur, and the risk of skin cancer may be increased;
4.2.4
certain medicines may increase UV sensitivity; in the event of any doubt, a physician or a pharmacist can provide advice in this regard;
4.2.5
an interval of at least 48 hours should be left between the first two UV exposure sessions;
4.2.6
if erythema (skin reddening) occurs after the UV exposure, sessions planned in accordance with the UV exposure schedule may be restarted only after one week;
4.2.7
they must not sunbathe and use the solarium on the same day;
4.2.8
when visiting the solarium:
a.
they must remove cosmetics and not use any sunscreens or products which accelerate tanning,
b.
they must always wear suitable goggles and protect sensitive skin areas such as scars, tattoos and the genitals from exposure;
4.2.9
prior to an irradiation session, they should consult a physician if:
a.
they have a pronounced sensitivity or an allergic reaction to UV radiation,
b.
unexpected effects, such as itching, occur within 48 hours after the first UV exposure session,
c.
persistent lumps or sores appear on the skin, or if there are changes in pigmented moles.

Annex 2

(Art. 5, 7 para. 2 and 9 para. 2)

Use of products for cosmetic purposes

1 Treatments requiring a certificate of competence

The following treatments may only be carried out by persons with a certificate of competence in accordance with Article 5 paragraph 1 letter c or by physicians in accordance with Article 5 paragraph 1 letter a or by their practice personnel in accordance with Article 5 paragraph 1 letter b:

1.1
Treatment of:
a.
acne;
b.
cellulite and subcutaneous fat;
c.
telangiectasia (couperose), haemangiomas (benign vascular lesions) and spider naevi measuring less than or equal to 3 mm, subject to the requirements of Number 2.2;
d.
wrinkles;
e.
onychomycosis;
f.
scars;
g.
post inflammatory hyperpigmentation;
h.
striae (stretch marks).
1.2
Removal of:
a.
hair;
b.
permanent make-up by laser treatment, subject to the requirements of Number 2.2;
c.
tattoos by laser treatment, subject to the requirements of Number 2.2.
1.3
Laser acupuncture.

2 Physician-only treatments

2.1
Only physicians qualified in accordance with Article 5 paragraph 1 letter a, or their practice personnel in accordance with Article 5 paragraph 1 letter b, may carry out the following treatments:
a.
actinic and seborrhoeic keratosis;
b.
age spots;
c.
angiomas / large haemangiomas (greater than 3 mm);
d.
dermatitis;
e.
eczema;
f.
genital warts;
g.
fibromas;
h.
port-wine stains;
i.
keloids;
j.
melasma;
k.
psoriasis;
l.
syringomas;
m
sebaceous gland hyperplasia;
n.
varicose and spider veins;
o.
vitiligo;
p.
warts;
q.
xanthelasma.
2.2
Only physicians qualified in accordance with Article 5 paragraph 1 letter a, or their practice personnel in accordance with Article 5 paragraph 1 letter b, may carry out the following treatments on eyelids or close to the eyes (up to 10 mm):
a.
removing permanent make-up;
b.
removing tattoos and telangiectasia (couperose);
c.
treating spider naevi and haemangioma.
2.3
Only physicians qualified in accordance with Article 5 paragraph 1 letter a, or their practice personnel in accordance with Article 5 paragraph 1 letter b, may use the following techniques and processes:
a.
highly focused ultrasound;
b.
ablative laser;
c.
long-pulsed Nd:Yag laser;
d.
photodynamic therapies combined with the application of phototoxic substances or medicaments;
e.
laser lipolysis.

3 Knowledge and skills required for the certificate of competence

3.1 General knowledge and skills

To obtain the certificate of competence for each treatment according to Number 1, the following knowledge and skills must be acquired:

3.1.1 knowledge of the biological and physiological effects of optical radiation, radiofrequency, cold, shockwaves and ultrasound;

3.1.2 general knowledge of the anatomy, physiology and pathophysiology of human skin and hair, and specific knowledge of changes in skin, vessels, nails and tissue for treatments specified in Annex 2 Number 1;

3.1.3 fundamental knowledge of benign and malignant changes of the skin;

3.1.4 fundamental knowledge of the assessment of skin, hair, vessels, tissue and nails with regard to specific treatments;

3.1.5 recognition of a medical treatment indication and the need for referral to a physician;

3.1.6 knowledge of treatment site preparation and aftercare, hygiene and auxiliaries;

3.1.7
knowledge of the applicable legal provisions; in particular, those treatments which may only be carried out by a physician.

3.2 Technical knowledge

To obtain the certificate of competence for each treatment in accordance with Number 1, the following specifically required technical knowledge from the following list must be acquired:

3.2.1
knowledge of the principles and design of an IPL or laser device, laser classes, risks of reflective surfaces and health risks (eye damage, dazzling);
3.2.2
knowledge of the physical fundamentals of optical radiation, radiofrequency, cold, shockwaves or ultrasound;
3.2.3
knowledge of the technology of the devices that function with optical radiation, radiofrequency, cold, shockwaves or ultrasound;
3.2.4
knowledge of protective measures for operators as well as for clients.

3.3 Treatment-specific knowledge and skills

To obtain the certificate of competence for each treatment according to Number 1, the following specifically required technical knowledge from the following list must be acquired:

3.3.1
knowledge of exclusion criteria, possible adverse effects, risks and alternative methods and technologies for the treatments listed in Annex 2 Number 1;
3.3.2
knowledge of the treatment schedule for the treatments listed in Annex 2 Number 1;
3.3.3
knowledge of suitable and unsuitable technologies used for the treatments listed in Annex 2 Number 1;
3.3.4
specific practical experience of the treatments listed in Annex 2 Number 1;
3.3.5
recognition and management of undesirable side effects and complications, in particular recognising those requiring treatment by a physician;
3.3.6.
recognition of incorrect settings and equipment defects.

Annex 3

(Art. 12–16)

Events involving laser radiation

1 Requirements

1.1 Requirements for an event with no laser radiation in the audience zone

1.1.1
During the scheduled performance of the event or even in the case of malfunction, the laser radiation must not attain the audience area. This requires that the laser device is appropriately positioned or that physical or electronic devices contain or switch off the laser radiation.
1.1.2
Laser radiation must not strike reflective surfaces or objects in an uncontrolled manner.
1.1.3
Laser devices, mirrors and targets must be securely mounted and capable of withstanding shocks, vibrations and wind forces.
1.1.4
Laser radiation must neither endanger performers nor event staff. This requires that the event is appropriately planned, and the persons in question, if necessary, must wear protective glasses or protective clothing.
1.1.5
The laser radiation must not endanger third parties.
1.1.6
Compliance with Numbers 1.1.1–1.1.5 must be successfully tested before the event.

1.2 Requirements for an event involving laser radiation in the audience zone

1.2.1
During the scheduled performance of the event as well as in the case of malfunction, the laser radiation that attains the audience area:
a.
must not exceed the maximum permissible exposure (MPE) for the cornea, as specified in SN EN 60825–1:201414, «Safety of laser products – Part 1: Equipment classification and requirements»;
b.
must not exceed the level of 0.02 x MPE for the cornea, if the organiser cannot ensure that no instruments such as binoculars are used by the audience.
1.2.2
Laser radiation must not strike reflective surfaces or objects in an uncontrolled manner.
1.2.3
Laser devices, mirrors and targets must be securely mounted and capable of withstanding shocks, vibrations and wind forces.
1.2.4
The person with a certificate of competence or the person instructed by him/her with a certificate of expertise must ensure visual contact with all laser devices at all times and be able at all times to interrupt the laser event.
1.2.5
Laser radiation must neither endanger performers nor event staff. This requires that the event is appropriately planned, and the persons in question, if necessary, must wear protective glasses or protective clothing.
1.2.6
The laser radiation must not endanger third parties.
1.2.7
Compliance with Numbers 1.2.1–1.2.6 and the emergency procedures must be successfully tested before the event.

14 This standard can be consulted free of charge and purchased from the Swiss Association for Standardization, Sulzerallee 70, 8404Winterthur, www.snv.ch

2 Notifications

2.1 Contents of notifications

Each notification must include the following information:

2.1.1
Details of the organiser: name, address, contact information (telephone number and e-mail address);
2.1.2
Details of the competent person: name, address, contact information (telephone number and e-mail address), certificate of competence or certificate of expertise;
2.1.3
Details of the event: venue, type, date of a single event/dates of series of events, beginning and duration, plan of the event location with marked laser device;
2.1.4
Details for testing the laser device: date and time;
2.1.5
Indication of whether the laser device will project into airspace.

2.2 Supplementary notification content for events with no laser radiation in the audience zone

The notification must include the following details in addition to those of Number 2.1:

2.2.1
Confirmation that the event does not involve laser radiation in the audience zone, and that the requirements specified in Annex 3 Number 1.1 will be complied with.

2.3 Supplementary notification contents for events involving laser radiation in the audience zone

The notification must include the following details in addition to those of Number 2.1:

2.3.1 Specifications for each individual laser device:

a.
manufacturer and type designation,
b.
precise description of the planned laser figures,
c.
wavelengths,
d.
beam diameter at the output port of the laser product,
e.
minimum beam divergence,
f.
peak output power for exposure of the audience zone,
g.
energy distribution within the laser beam,
h.
repetition rate of the laser beam (repetition rate of pulsed or modulated lasers and frame repetition rate),
i.
minimum beam velocities,
j.
maximum laser-pulse exposure duration for the audience,
k.
shortest distance to the audience zone,
l.
output power of the laser beam,
m.
in the event of failure: maximum reaction time of automatic shutdown, or reference to manual shutdown,
n.
calculated maximum irradiance in the audience zone and comparison with MPE,
o.
emergency procedures;
2.3.2
Confirmation that the requirements specified in Annex 3 Number 1.2 will be complied with.

3 Training curriculum and examination contents for obtaining the level of competence

Training and examinations shall comprise the following modules:

3.1 Laser technology and safety:

a.
principle and structure of a laser product,
b.
laser classes and the associated precautions and safety signs,
c.
optimum laser power level in relation to room dimensions and beam divergence,
d.
risks of reflective surfaces,
e.
secure installation,
f.
protective measures and clothing;

3.2 Health effects:

a.
eye and skin injury,
b.
dazzling,
c.
hazards for third parties and persons performing safety-critical activities;

3.3 Legal foundations:

Explanation of legal foundations, in particular the requirements for:
a.
events involving laser radiation, in accordance with Annex 3 Number 1,
b.
notifications of events involving laser radiation, in accordance with Annex 3 Number 2;
3.4
Theoretical and practical foundations:
a.
Laser show programming,
b.
Calculating MPE.

Annex 415

(Art. 20 and 21 para. 1)

15 The correction of 31 Aug. 2022 concerns the French text only (AS 2022 478).

Events involving sound

1 Notifications

1.1 Notifications must include the following information:

a.
venue, type, date, beginning and duration of the event;
b.
name and address of the organiser;
c.
a declaration that, for events involving electroacoustically amplified sound, the maximum average sound level will be less than or equal to 96 dB(A), or less than or equal to 100 dB(A);
d.
the measurement and determination point, as specified in Annex 4 Number 5.1, for events involving electroacoustically amplified sound.

1.2 In addition, for events as specified in Article 20 paragraph 1 letter c number 2, a plan of the event venue must be submitted, indicating the location, size and marking of the respite area.

2 Events with an average sound level greater than 93 dB(A) and less than or equal to 96 dB(A)

Any person who organises an event involving electroacoustically amplified sound with an average sound level greater than 93 dB(A) and less than or equal to 96 dB(A) must ensure that:

2.1 sound emissions are limited to such an extent that exposures do not exceed the average sound level of 96 dB(A);

2.2 notices are prominently displayed at the entrance to the event, informing the audience of the risk of hearing impairment associated with high sound levels;

2.3 hearing protectors complying with SN EN 352–2:200216, «Hearing protectors – General requirements – Part 2: Ear-plugs» are available free of charge;

2.4 the average sound level is monitored during the event with a sound level meter, as specified in Number 5.2;

2.5 the measuring equipment is operated with the settings specified under Number 5.4.

16 This standard can be consulted free of charge and purchased from the Swiss Association for Standardization, Sulzerallee 70, 8404Winterthur, www.snv.ch

3 Events with an average sound level greater than 96 dB(A) and less than or equal to 100 dB(A)

3.1 Exposure for no longer than 3 hours

Any person who organises an event involving electroacoustically amplified sound with an average sound level greater than 96 dB(A) and less than or equal to 100 dB(A) that lasts for no longer than 3 hours must:

3.1.1 comply with Numbers 2.2–2.5;

3.1.2 ensure that sound emissions are limited to such an extent that exposures do not exceed the average sound level of 100 dB(A).

3.2 Exposure for more than 3 hours

Any person who organises an event involving electroacoustically amplified sound with an average sound level greater than 96 dB(A) and less than or equal to 100 dB(A) that lasts for more than 3 hours must:

3.2.1
comply with Numbers 2.2–2.5 and 3.1.2;
3.2.2
record the sound level during the whole event in accordance with Number 5.3;
3.2.3
retain the data on the recorded sound level as well as the information in accordance with Number 5.1 on the measurement location, place of determination and level difference for a period of six months, and submit the data when requested by the cantonal enforcement body;
3.2.4
make available to the audience one or more audition respite areas:
a.
in which the average sound level must not exceed 85 dB(A),
b.
which make up at least 10 per cent of the total area provided for the audience at the event,
c.
which must be clearly marked and readily accessible to members of the audience throughout the event and, pursuant to the Ordinance of 28 October 200917 on Protection against Passive Smoking, include a smoke-free zone of adequate size.

17 SR 818.311

4 Events not involving electroacoustically amplified sound

Any person who organises an event involving sound that is not electroacoustically amplified with an average sound level greater than 93 dB(A) must:

4.1 inform the audience of the risk of hearing impairment associated with high sound levels;

4.2
make available to the audience, free of charge, hearing protectors complying with SN EN 352–2:2002, «Hearing protectors – General requirements – Part 2: Ear-plugs».

5 Measurements and calculations

5.1 Measurement and determination point

5.1.1 Sound exposures shall be determined at ear level at the point where the audience is exposed to the highest sound levels (determination point).

5.1.2 In the case of measurements made at the determination point, the limit applicable for the event is deemed to be complied with if the reading is less than or equal to the limit.

5.1.3 If the measurement point is not the same as the determination point, the exposures must be corrected accordingly, taking the following into account:

a.
the difference in sound level between the measurement point and the determination point is calculated by means of a defined wide band signal (pink noise/programme simulation noise in accordance with IEC 60268–1:198518, «Sound system equipment – Part 1: General») or by an equivalent method;
b.
the determination point and sound level difference, and the method used, is recorded in writing;

18 This standard, available in English and French, can be purchased from Electrosuisse, Luppmenstrasse 1, CH-8320 Fehraltorf, www.electrosuisse.ch, or consulted free of charge at the Federal Office of Public Health, Schwarzenburgstrasse 157, CH-3097 Liebefeld.

c. in the case of measurements not performed at the determination point, the limit applicable for the event is deemed to be complied with if the reading at the measurement point plus the sound level difference is less than or equal to the limit.

5.2 Measuring instruments

5.2.1
For the cantonal enforcement bodies, the requirements for measuring instruments and for the accuracy classes of sound level meters are based on the FDJP Ordinance of 24 September 201019 on Instruments for Sound Measurement.
5.2.2
The measuring instruments of the organisers must be capable of:
a.
measuring the A-weighted sound level LA;
b.
the direct or indirect determination of the equivalent continuous sound level LAeq and the settings in accordance with Number 5.4;
c.
for events in accordance with Number 3.2, recording a sound level in accordance with Number 5.3.

19 SR 941.210.1

5.3 Sound level recording

The sound level recording must meet the following requirements:

5.3.1 The equivalent continuous sound level averaged over a period of 5 minutes LAeq5min must be recorded at least every 5 minutes during the event.

5.3.2
The measurement data, together with the exact time of measurement, must be recorded in electronic form.

5.4 Measuring instrument settings

The measuring equipment used to measure the sound level shall be operated with the following settings:

a.
frequency weighting A;
b.
time weighting Fast (F) (time constant t = 125 ms for the determination of the maximum sound level).

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