Referendum  deadline : 5 O ctober 2017  
 
Federal Act  
on Protection Against Hazards  
Arising from  Non-Ionising Radiation  and Sound  
(NIRSA ) 
 
of 16 Jun e 2017  
 
 
The Federal Assembly of  the Swiss Confederation , 
based on  Article 95 paragraph  1 and Article 118 paragraph  2 letters  a and b of 
the Federal Constitution1, 
and having considered the  Federal Council Dispatch dated  11 December 20152, 
decrees : 
 
 
Art. 1  Purpose  and scope  
1 The purpose of this Act  is to protect people  against hazards  arising from  non-ionising 
radiation  and sound . 
2 To this end, it  contains provisions concerning : 
a. the use of  products ; 
b. measures to mitigate  hazardous  exposures  to non -ionising radiation  and 
sound ; 
c. public  information . 
3 It is applicable  in those cases where  protection  in accordance with  paragraph  1 is not 
assured by  other provisions of federal legislation . 
 
Art. 2  Definitions  
In this Act:  
a. non-ionising radiation means  electromagneti c fields with wavelengths  
greater than  100 nanometres ; 
 
 
1 SR 101 
2 BBl 2016  465 
 
2015 -2603  4211  
Protection Against Hazards Arising from Non-Ionising  Radiation and Sound. FA  BBl 2017  
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b. sound  means  audible sound , infrasound a nd ultrasound ; 
c. product  means  a ready -to-use movable  item which generates  non-ionising  
radiation  or sound , even if it  forms part of another  movable item or of an 
immovable item . 
 
Art. 3  Use of  products  
1 Anyone who  installs, uses or maintains a product  must comply with the  
manufacturer’s safety instructions  and ensure that  human health is not, or not 
seriously, endangered . 
2 For commercial or professional use of potentially hazardous products, the Federal 
Council  may require that : 
a. a certificate of competence is  to be obtained ; 
b. a suitable  specialist  is to be involved . 
3 It may define requirements  for training  for the certif icate of competence as 
specified in  paragraph  2 letter  a. 
 
Art. 4  Measures to mitigate  hazardous exposures  
1 The Federal Council  may issue  provisions concerning  measures whereby the  risks 
of hazardous  exposures  to non -ionising  radiation  and sound  can be reduced  and 
harmful effects can be prevented . 
2 It may, in particular : 
a. define exposure limits  and regulate the monitoring thereof ; 
b. specify  information requirements ; 
c. provide for protective measures; 
d. provide for mandatory notification  of events . 
 
Art. 5  Prohibitions  
If human health cannot be adequately protected by any other means,  the Federal 
Council may : 
a. prohibit the import , transit , supply or possession of  products with a  
substantial hazard potential ; 
b. prohibit commercial or professional uses of  products with a substantial 
hazard potential . 
 
Art. 6  Public information  
The Federal Office of Public Health  shall inform  the public  about  health effects a nd 
risks of non -ionising  radiation  and sound . BBl 2017  
4213  Protection Against Hazards Arising from Non-Ionising  Radiation and Sound. FA   
  
Art. 7  Federal enforcement  
1 Without prejudice to Article  8, the federal authorities shall enforce this Act . 
2 The Federal Council  may assign responsibility to the federal  authorities for 
control s of specific aspects of the  measures specified in  Article  4. 
 
Art. 8  Cantonal enforcement  
The canton s shall  monitor, by m eans of spot checks,  compliance with : 
a. the manufacturer’s safety instructions,  as specified in  Article  3 paragraph  1, 
for the commercial or  professional  installation , use and maintenance of  
potentially hazardous produ cts; 
b. the requirement, as specified in  Article  3 paragraph  2, to obtain a certificate 
of competence  or to involve  a specialist ; 
c. the measures defined in accordance with  Article  4; 
d. prohibitions on supply and possession, in accordance with  Article  5 letter  a; 
e. prohibitions on  use, in accordance with Article  5 letter  b. 
 
Art. 9  Administrative measures  
1 The enforcement bodies  may carry out on -site checks  on the installation , use and 
maintenance of pro ducts, and the implementation of measures  in accordance with  
Article  4. 
2 They may  order, subsequently or while on the premises,  that appropriate measures 
be taken  if an inspection reveals that  regulations or the  manufacturer’s  safety 
instructions are not being complied with . 
3 Should it be necessary , in order  to protect the health of the user or of third parties , 
they may, in particular : 
a. order that the public be warned  about  the hazards of use ; 
b. if a prohibition on  posses sion, supply or use is disregarded,  seize a nd destroy 
the produ ct or render it unusable ; 
c. if the  manufacturer’s safety instructions  are not complied with  in commercial 
or professional  installation, use and maintenance , seize  and destroy the 
product or render it unusable ; 
d. order the  immediate  discontinuation of  hazardous  expos ures; 
e. in the event of  repeated  inappropriate  commercial or professional use of  
potentially hazardous  produ cts, have the certificate of  competence revoked . 
4 They shall  warn  the public about  hazardous uses  if the  user fails to take effective 
measures, or to do so in good time . Protection Against Hazards Arising from Non-Ionising  Radiation and Sound. FA  BBl 2017  
4214   
  
Art. 10 Fees 
1 The Federal Council  shall regulate the fees for monitoring  and measures  
undertaken by federal  enforcement bodies . 
2 No fees shall be charged  for monitoring  which does not reveal any 
non-compliance . 
 
Art. 11  Data protection  
The enforcement bodies are entitled to  process and exchange person al data insofar as 
this is necessary to ensure consistent  enforcement of this Act . 
 
Art. 12  Misdemeanours  
Any person  who wilfully  imports, transits, supplies, holds or uses a  produ ct which is 
subject to a prohibition  under  Article  5 shall be  liable to a custodial sentence  not 
exceeding one year  or to a monetary penalty . 
 
Art. 13  Contraventions  
1 Any person  who wilfully : 
a. fails to comply with  the manufacturer’s safety instructions in commercial or 
professiona l installation, use or maintenance ; 
b. breaches  the duty to  obtain a certificate of competence or to involve a 
specialist in accordance with Article  3 paragraph  2; 
c. infringes  the measures defined by the  Federal Council  in accordance with  
Article  4 paragraph  2; 
d. contravenes an implementing provision , the contravention of which is an 
offence , or fails to comply with a ruling against him which refers  to the 
penalties provided for in this Article  
shall be liable to a fine not exceeding  40,000 Swiss f rancs. 
2 If the person concerned acts  through negligence , the penalty shall be  a fine not 
exceeding  20,000 Swiss f rancs. 
3 Any person who, through negligence,  imports, transits, supplies, holds or uses a 
product which is subject to a prohibition under Article 5 shall be l iable to a fine not 
exceeding  40,000 Swiss francs. 
4 Article s 6 and 7 of the  Federal Act of  22 March 19743 on Administrative Criminal 
Law apply . 
 
Art. 14 Evaluation  
The Federal Council  shall report to  Parliament on the effectiveness of and need for 
this Act no later than  8 years after it comes into force . 
 
 
3        SR 313.0  BBl 2017  
4215  Protection Against Hazards Arising from Non-Ionising  Radiation and Sound. FA   
  
Art. 15  Referendum and commencement  
1 This Act is subject to an optional referendum . 
2 The Federal Council shall determine the date of commencement . 
 
 
Council of States , 16 Jun e 2017  
President: Ivo Bischofberger 
Secretary: Martina Buol  National  Council , 16 June 2017  
President: Jürg Stahl  
Secretary: Pierre -Hervé Freléchoz  
 
Publication d ate: 27 Jun e 20174 
Referendum  deadline : 5 O ctober 2017  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
4 BBl 2017  421Protection Against Hazards Arising from Non-Ionising  Radiation and Sound. FA  BBl 2017  
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