Major Accidents Ordinance (MAO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 3 Safety measures
1 The person responsible for an establishment, a transport route or a pipeline installation shall take all appropriate measures to reduce risk that are available in accordance with the state of the art of safety technology, supplemented by personal experience, and which are economically viable. These shall include measures to reduce the hazard potential, to prevent major accidents and to limit the effects thereof. 2 When measures are selected, account shall be taken of operational and local factors which could cause major accidents, as well as actions of unauthorised persons. 3 When measures are implemented, account shall be taken in particular of the principles laid down in Annex 2, and in particular the measures in accordance with Annexes 2.2–2.5.
Art. 3 — Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337). Para. 1 — Amended by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749). Para. 3 — Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
Art. 4
Repealed by No I of the O of 29 April 2015, with effect from 1 June 2015 (AS 2015 1337)
Art. 5 Summary report
1 The person responsible for an establishment must submit a summary report to the enforcement authority. It shall include: a. a concise description of the establishment, together with a general plan and information on the surrounding area; b. a list of the maximum quantities of the substances, preparations or special wastes present in the establishment which exceed the threshold quantities specified in Annex 1.1, together with the applicable threshold quantities; c. the risk report specified in Articles 6 and 7 of the Containment Ordinance of 9 May 2012; d. documents drawn up in the preparation of any property and corporate liability insurance policies; e. details of safety measures; f. an estimate of the extent of possible harm to the public or damage to the environment resulting from major accidents. 2 The person responsible for a transport route shall submit a summary report to the enforcement authority. It shall include: a. a concise description of the structural and technical desi
Para. 1 let. b — Amended by No II 8 of the O of 18 May 2005 on the Repeal and Amendment of Ordinances in connection with the Commencement of the Chemicals Act, in force since 1 Aug. 2005 (AS 2005 2695). Para. 1 let. c — Amended by Annex 5 No 7 of the Containment O of 9 May 2012, in force since 1 June 2012 (AS 2012 2777). Para. 1 let. c — SR 814.912 Para. 3 let. d — Amended by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749). Para. 4 — Inserted by No I of the O of 13 Feb.
Art. 6 Assessment of the summary report, risk report
1 The enforcement authority shall verify that the summary report is complete and correct. 2 In particular, it shall verify: a. in the case of establishments, whether the estimate of the extent of possible harm or damage (Art. 5 para. 1 let. f) is plausible; b. in the case of transport routes, whether the estimate of the likelihood of a major accident causing serious harm or damage (Art. 5 para. 2 let. d) is plausible; c. in the case of pipeline installations, whether the estimate of the likelihood of a major accident causing serious harm or damage (Art. 5 para. 3 let. d) is plausible. 3 Following an on-site inspection, where appropriate, it shall assess the validity of the assumption that: a. in the case of establishments, serious harm to the public or damage to the environment arising from major accidents is not to be expected; b. in the case of transport routes, the likelihood of occurrence of a major accident causing serious harm or damage is sufficiently low; c. in the case of pipe
Para. 2 let. c — Inserted by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749). Para. 3 let. c — Inserted by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749). Para. 3bis — Inserted by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337). Para. 4 — Amended by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
Art. 7 Assessment of the risk report
1 The enforcement authority shall review the risk report and assess whether the risk is acceptable. It shall set out its assessment in writing. 2 When evaluating the acceptability of the risk, it shall take account of local risk factors and pay particular attention to the fact that the likelihood of occurrence of a major accident must be all the lower: a. the more the need to protect the public or the environment against serious harm or damage arising from major accidents outweighs private and public interests in the operation of an establishment, a transport route or a pipeline installation; b. the greater the extent of the possible harm to the public or damage to the environment.
Para. 1 — Amended by No I. of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337). Para. 2 let. a — Amended by No I of the O of 13 Feb. 2013, in force since 1 April 2013 (AS 2013 749).
Art. 8 Additional safety measures
1 If the risk is unacceptable, the enforcement authority shall order such additional measures as may be required. If necessary, these may include restrictions or prohibitions on operations and traffic. 2 In the case of measures for which a different public body is responsible, the enforcement authority shall submit appropriate requests to the competent authority. If necessary, the Federal Council shall coordinate the adoption of measures.
Art. 8a Change in circumstances
1 If the person responsible has prepared a summary report, but not a risk report and if the circumstances change significantly thereafter or relevant new findings become available, they must amend the summary report and resubmit it to the enforcement authority. 2 If the person responsible has prepared a risk report and the circumstances change significantly thereafter or relevant new findings become available, they must: a. amend the risk report and resubmit it to the enforcement authority; b. amend the summary report instead of the risk report and resubmit it to the enforcement authority if: 1. serious harm to the public or to the environment from major accidents need no longer be expected, 2. in the case of transport routes and pipeline installations, the probability of a major accident causing serious harm is sufficiently low.
Art. 8a — Inserted by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
Art. 8b Inspections
1 In order to verify if the person responsible is fulfilling their duties under this Ordinance, the enforcement authority shall conduct regular on-site inspections. It shall set out its assessment in writing. 2 The enforcement authority shall decide on the frequency of inspection based on the hazard potential, the type and complexity of the establishment, transport route or pipeline installation and the results of earlier inspections.
Art. 8b — Inserted by No I of the O of 29 April 2015, in force since 1 June 2015 (AS 2015 1337).
Art. 9 and 10
Repealed by No I of the O of 29 April 2015, with effect from 1 June 2015 (AS 2015 1337)