(a) health and safety;
In terms of health and safety, at the federal level, Swiss labour law as well as Swiss administrative and environmental laws set numerous regulations regarding the protection of workers (equipment, working hours, etc.) and the use, elimination and/or storage on the worksite of toxic materials, asbestos, PCB, leaded paint, chemicals, etc. Specific local regulations should also be taken into account.
For older buildings (in particular those built before 1990), building permits are subject to an asbestos-analysis, and in some Cantons, to a PCB/leaded-paint analysis. In case the building contains asbestos (or PCB/leaded-paints), special requirements for workers must be complied with by the contractor (duty to report, paper trail, special equipment to be used by the workers, etc.). Furthermore, materials considered as hazardous must imperatively be eliminated in authorized waste disposal areas.
Since January 1, 2020, the limitation period for claims for compensation in case of illness or injury due to a breach of health and safety regulations was extended from one year to three years. The dies a quo of the limitation period corresponds to the day on which the injured party became aware of the damage and of the person liable for compensation. With respect to the absolute limitation period, claims for damages or satisfaction in cases of illness or injury are now time-barred after a period of twenty (instead of ten years) from the day on which the harmful conduct occurred or ceased.
As of January 1, 2022, construction work must be planned in such a way that the risk of occupational injury, illness or damage to health is as low as possible. According to the new Construction Work Regulation, the respective measures must now be documented in writing in a safety and health protection concept and included in the contractor agreement.
(b) environmental issues;
Specific federal and/or cantonal regulations apply where the existence of hazardous material and/or pollution of soils is revealed. These rules namely apply to the removal of the polluted materials and to waste management and treatment throughout the construction process. If a plot is registered as a polluted site, the seller must obtain a special authorization in order for the transfer of property to be registered in the Land register.
(c) planning;
Any construction project must comply with the local (cantonal and/or municipal) planning and zoning regulations. In particular, it must be in line with the permitted use and the construction regulation of the area, which are set out in legal acts and/or in zoning or neighbourhood plans.
(d) employment; and
Swiss law contains provisions in the fields of labour and public law whose objective is the protection of workers and the preservation of their health and safety. Construction sites are regularly inspected by the cantonal authorities, in particular to prevent undeclared work. In the event of a breach, the competent authority can shut down the construction site with immediate effect and impose administrative fines. Constructors must be aware that they may also be liable for violations committed by their subcontractors.
In this context, the employer has to comply with general principles such as the non-discrimination and equity of treatment principles. It is common in practice that collective labour schemes set minimum standards for workers and have to be followed by the employer. There are also mandatory declarations that have to be made in the context of public procurements. In the event of a non-compliance the contractor might be blacklisted.
(e) anti-corruption and bribery.
The standard anti-corruption and bribery regulations of the criminal code apply. For instance, the Swiss Criminal Code criminalises certain forms of corruption in particular with the offences of bribery of public officials (article 322ter and following of the Criminal Code) and bribery of private individuals (article 322octies and following of the Criminal Code). Moreover, the Federal Act on Public Procurement, which has undergone a complete revision effective in 2021, allows to exclude a tenderer who has violated anti-corruption provisions. Such violations furthermore constitute an admissible ground to appeal against an award. On the other hand, there is no dedicated set of rules applicable specifically to the (private) construction sector.