The Council of State persists and signs this Wednesday. It does not lift the general ban on continuing work on construction sites. However, he recalls that it is possible to request the opening or continuation of a site “provided that it can be demonstrated that it complies with the health requirements issued by SECO, in particular in terms of hygiene and social distance”. For its part, the State does not intend to request the reopening of the site for which it is the contracting authority.
The Council of State has also listed a certain number of exceptions to the obligation to announce construction sites. These are emergency breakdown services, picket services for the safety of people and goods (fire detection, electrical and refrigeration installations, etc.), as well as certain landscaping work.
History of a controversy
A certain vagueness had appeared on this question after declarations from the Federal Office of Public Health (FOPH) affirming that the cantons could not decide to close the building sites on their territory. In its press release, the Council of State recalls that it had taken this measure on March 18, that is to say before the Confederation tackles, on March 20, the question of building sites in an ordinance. At that time, Geneva therefore had the competence to take this action.
On Wednesday, the Canton was able to adapt this measure to federal law to make it perfectly compatible. And the Geneva government reminds that both the federal ordinance and the Geneva measure have the same objective: compliance with health regulations.
“Insufficient controls”
The apex of the Geneva trade unions is satisfied with the decision of the Council of State to keep the yards closed in principle using the margin left to the cantons today by the Federal Council. The Geneva Trade Union Community (CGAS) welcomes the fact that each request to open a site will be subject to a check on
site inspection site.
The unions believe, however, that we must go further. They deplore that “thousands of workers continue to needlessly expose themselves often under conditions that do not comply with the recommendations of the OFSP.” One reason is that labor inspectors from the Labor Inspection Service
of the OCIRT are sent since the beginning of the crisis to fill in forms RHT (reduction of the working hours) to the Cantonal office of employment instead of taking care of the follow-up of the recommendations of the OFSP in the companies.
However, there is better for controls, since, during the cantonal tripartite meeting (State, employers, unions) on Tuesday, the unions obtained the start of a control system involving the Joint Inspection of Companies (PEI). This is not yet enough for the CGAS, which is why the umbrella organization asks workers to report situations endangering their health to their unions.
Created: 03.25.2020, 6:38 p.m.
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