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Occupational Safety and Health (OSH)
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Denmark - 2014

  • 1 Description of national OSH regulatory framework

    • 1.1 Description of OSH regulatory framework

      Summary/citation: Documents of a legal nature include Acts, Executive Orders and WEA Guidelines.

      Acts (Love):The Danish Working Environment Act includes general provisions on the working environment. The Work Environment Act is binding on citizens and any violation of the rules is therefore subject to legal sanctions.

      Executive Orders (Bekendtgørelser): The Work Environment Act is implemented through Executive Orders. Executive Orders are binding on citizens and any violation of the rules is therefore subject to legal sanctions.

      WEA Guidelines(At-vejledninger): WEA Guidelines are based on Acts and Executive Orders. They explain how the regulations are to be interpreted. WEA Guidelines describe, among other things, how enterprises, etc. can plan and carry out their work, so as to ensure that the health and safety requirements are met. WEA Guidelines are not binding on the enterprises etc. but the Danish Working Environment Authority will take no further action if an enterprise has complied with the WEA Guidelines.

      The Danish Working Environment Authority supervises whether Acts and rules in the field of safety and health at work are observed, inter alia through inspection visits and guidance of the enterprises and their safety organisations, with a view to making the enterprises capable of solving their own tasks in relation to the working environment. The different forms of sanctions of the Danish Working Environment Authority, i.e. improvement notices, legal charges, administrative fines and guidelines - will depend on both the enterprise’s actual working environment standards and on its own efforts. As an executive authority, the Danish Working Environment Authority focuses in particular on enterprises with poor safety and health conditions and no serious policy in relation to working environment issues.

      The Ministry of Employment is responsible for the framework and rules regarding employment and working conditions, safety and health at work and industrial injuries, financial support and allowances to all persons with full or partial working capacity as well as placement services in relation to enterprises and active employment measures.

      • Website: Investigations of accidents by the Working Environment Authority (In Danish)

      • Website of the National Research Centre for the Working Environment (NRCWE)

      • Working Environment Regulations (Description by the Danish Working Environment Authority)

      • Website of the Danish Working Environment Authority

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish)

      • Order (No. 1072 of 2010) consolidating the Work Environment Act (No. 268 of 2005).

      • Occupational safety and health country profile: Denmark

      • Labour inspection country profile of Denmark

  • 2 Scope, coverage and exclusions

  • 3 Institutions and programmes relating to OSH administration and/or enforcement

    • 3.1 Competent national authority for safety and health at work

      Summary/citation: "The Minister for Employment shall be the supreme administrative authority in matters concerning health and safety" (Sec. 69 of the Work Environment Act).

      "The Working Environment Authority shall be an agency under the auspices of the Ministry of Employment, and shall comprise a central unit and a number of regional inspectorates. The Director General of the Working Environment Authority shall lay down the division of responsibilities between the inspectorates" (Sec. 70 of the Work Environment Act).

      Remarks / comments: The Danish Working Environment Authority is responsible for ensuring compliance with occupational health and safety legislation. The Authority operates under the auspices of the Danish Ministry of Employment.

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 69 and 70)

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 69 and 70 )

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

    • 3.2 National OSH research programme or institute

      Summary/citation: The National Research Centre for the Working Environment is a sector specific research institute under the Danish Ministry of Employment.

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016

      • 3.2.1 Objectives, roles and/or functions

        Summary/citation: Pursuant to section 3 of Act no. 326 of 5 May 2004 on Sector Research Institutions, the Minister of Employment established the By-Laws for the National Research Centre for the Working Environment.

        Objective and Core Areas: " The objective of the NRCWE is to establish a research-based knowledge base in order to ensure healthy and stimulating working conditions in accordance with the development of society and the needs of enterprises and the working environment system. The NRCWE does this by surveilling, elucidating and exploring working environment conditions of importance to safety and health, including development, wellbeing, workability and retention in the labour market as well as the effect of preventive and health-promoting measures. The activities of the NRCWE are organised interdisciplinarily and are based on the interaction between people, the working environment and developments in society. The core scientific research areas of the NRCWE are working environment surveillance and epidemiology, accidents at work, workability related to musculoskeletal disorders, the physical and chemical working environment, the psychosocial working environment, management and organisation in a working environment perspective, and the interaction between the working environment and labour market conditions, including recruitment, working hours, retention, absenteeism, exclusion, workability and productivity. The strategy specifies the current prioritisation of the core areas. The NRCWE shall conduct its research independently of the Minister of Employment and safeguard scientific ethics" (Sec. 2 of the By-Laws of the National Research Centre for Working Environment).

        Remarks / comments: The mission of the Danish National Research Centre for the Working Environment is to carry on research activities at the highest international level in order to:

        - provide consultancy services within the institute’s core areas;
        - communicate research-based knowledge to workplaces, authorities, the social partners and health & safety consultants;
        - participate in the training of researchers and educational activities at the universities within its core areas;
        - perform tasks for the authorities;
        - perform development work that has a clear social mission.

        • By-Laws of The National Research Centre for the Working Environment (§ 2 )

        • Website of the National Research Centre for the Working Environment (NRCWE)

        • Act on National Government Research Institutions (No. 326 of 05 May 2004) (§ 3)

      • 3.2.2 Governance board constitution and chairmanship

        Summary/citation: Members of the Board of Governors:

        "The Board of Governors consists of 13 members, including the chairman of the board.The chairman and the members of the Board of Governors are appointed by the Minister of Employment. The chairman and the members of the Board of Governors are appointed in their personal capacity, they shall be external (except for employee representatives) and they shall be independent of the Minister.

        Composition of the Board of Governors:

        - one chairman
        - six members with knowledge of the working environment area recommended by the Working Environment Council.
        - four members with relevant research competencies: one member from each of the Universities of Copenhagen and Aarhus and the Technical University of Denmark and one member from a foreign research institution appointed at the recommendation of the Danish Council for Strategic Research.
        - two members appointed by and from among the centre staff by direct ballot so that the candidates who receive the most votes are elected to the Board of Governors. The detailed rules for this shall be laid down by the Centre Works Council.

        The Department of the Ministry of Employment and the Working Environment Authority shall be represented at the board meetings as observers without voting rights.

        The Board of Governors shall appoint a vice-chairman from among its members. The vice-chairmanship is occupied for periods of two years in rotation from among the members recommended by the Working Environment Council and members recommended by the Danish Council for Strategic Research.

        The board members are appointed for a period of four years at a time. Board members may be reappointed. If a member resigns from the board during a period of tenure, a new member shall be appointed as soon as possible for the rest of the period of tenure in accordance with the guidelines stipulated in this article" (Sec. 6 of the By-Laws of the National Research Centre for the Working Environment).

        • By-Laws of The National Research Centre for the Working Environment (§ 6 )

      • 3.2.3 Source of funding

        Summary / Citation: Allocation of the funds: "(1) Funds for the state, and for the performance of the activities of the Working Environment Council, and the work of the sector working environment councils and the National Research Centre for the Working Environment to improve the working environment, shall be procured through contributions, cf. subsections (2), (3) and from
        1. the state,
        2. the Labour Market Occupational Diseases Fund,
        3. insurance companies which offer industrial injuries insurance, and
        4. municipalities, regions and other employers, which have not taken out insurance, cf. section 48(1)-(5) and section 88 of the Industrial Injuries Insurance Act.

        (2) The contribution under subsection (1) shall appear in the annual Finance Act and shall comprise an amount of DKK 45 million. This amount shall be adjusted by the Minister for Employment on the recommendation of the Working Environment Council. The amount shall be appropriated proportionally to the organisations obliged to make contributions under subsection (1), on the basis of their share of the total payments for injuries and compensation for loss of ability to work which the National Board of Industrial Injuries has approved according to the Industrial Injuries Insurance Act in the year in which the contribution is levied" (Sec. 68 of the Work Environment Act).

        Sources of Revenue for the National Research Centre for the Working Environment: "The basic funding is allocated each year in the Finance Act.
        The Centre may accept funds from research councils, foundations etc. and perform tasks in return for payment, cf. article 3.
        Performance of tasks may not bring into question the independence of the Centre and they must be performed in accordance with public regulations in the area, including applicable provisions on competitive conditions in relation to private enterprises (Sec. 4 of the By-Laws of the National Research Centre for the Working Environment).

        • By-Laws of The National Research Centre for the Working Environment (§ 4 )

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 68)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 68)

    • 3.3 National OSH programme

      Summary/citation: A political majority has agreed on National Working Environment Plan up to 2020 (Strategy for the Working Environment efforts up to 2020). The plan contains the following 19 initiatives:

      "Initiative 1: Risk-based inspection in two tiers focusing on enterprises with health and safety issues
      Initiative 2: De minimis limits
      Initiative 3: Differentiated fines
      Initiative 5: Focus on psychosocial working environment
      Initiative 6: More help for smaller enterprises
      Initiative 7: Starter kit for new enterprises
      Initiative 8: Simplified health and safety consultancy scheme
      Initiative 9: Modified Smiley scheme
      Initiative 10: Analysis of the experiences with the Health and Safety Organisation at the enterprise level
      Initiative 11: Dialogue concerning health promotion
      Initiative 12: Focus on young and new employees
      Initiative 13: Focus on foreign enterprises
      Initiative 14: Improved guidance and information on the working
      environment
      Initiative 15: Coordination of guidance and inspections of enterprises
      by various authorities
      Initiative 16: Danish Centre for Nano-Safety
      Initiative 17: Targeting the resources of the Danish Working
      Environment Research Fund
      Initiative 18: Measuring progress with regard to the working
      environment
      Initiative 19: Impact measurement of specific activities"

      Remarks / comments: The Danish government (Denmark's Liberal Party and the Conservative People's Party), the Social Democratic Party, the Danish People's Party and the Social Liberal Party have agreed on an strategy for working environment efforts up to 2020.

      The parties have agreed to establish a series of objectives and priorities for the working environment efforts and to support these efforts through 19 specific initiatives. The goal is to create a good working environment to help increase the safety and health of employees, and to ensure a long working life for the individual with the least possible absenteeism due to sickness.

      • A strategy for working environment efforts up to 2020 (Agreement between the Danish government (Denmark's Liberal Party and the Conservative People's Party), the Social Democratic Party, the Danish People's Party and the Social Liberal Party)

      Related CEACR Comments
      Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2016

  • 4 Employers’ duties and responsibilities to protect the safety and health of workers and others

  • 5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices

    • 5.1 Elements of an OSH management system

      • 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

        Summary/citation: "(1) The employer shall ensure the preparation of a written workplace assessment of the health and safety conditions at the workplace, taking due regard to the nature of the work, the work methods and work processes which are applied, as well as the size and organisation of the enterprise. The workplace assessment shall remain at the enterprise and be available to the management and employees at the enterprise, as well as the Working Environment Authority, which inspects the workplace assessment. A workplace assessment shall be revised when there are changes in work, work methods, work processes, etc., and these changes are significant for health and safety at work. The workplace assessment shall be revised at least every three years.

        (2) A workplace assessment shall include an opinion on the health and safety issues at the workplace, and how these are to be resolved in compliance with the principles of prevention stated in the health and safety legislation. The assessment shall include the following elements:
        1. Identification and mapping of the health and safety conditions at the enterprise.
        2. Description and assessment of the health and safety issues at the enterprise.
        3. Priorities and an action plan to resolve the health and safety issues at the enterprise.
        4. Guidelines for following up the action plan.

        (3) The employer shall involve the health and safety organisation or the employees in planning, organising, implementation and following up the workplace assessment, cf. subsections (1) and (2)" (Sec. 15a of the Work Environment Act).

        Remarks / comments: The employer shall ensure the preparation of a written workplace assessment of the health and safety conditions at the workplace. This workplace assessment shall include an action plan to resolve the health and safety issues at the enterprise and guidelines for following up the action plan.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 15a)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 15a)

      • 5.1.2 Appointment of a person for health and safety

        Summary/citation: Health and safety organisation

        Enterprises with 1-9 employees:
        "In enterprises with 1-9 employees, cooperation on health and safety shall be through regular direct contact and dialogue between the employer, the employees and any supervisors" (Sec. 6 of the Work Environment Act).

        Enterprises with 10-34 employees:
        "In enterprises with 10-34 employees, cooperation on health and safety shall be organised in a health and safety organisation composed of one or more supervisors and one or more elected health and safety representatives, with the employer or a representative of the employer as chairman. The health and safety organisation shall be responsible for both day-to-day and overall tasks relating to health and safety" (Sec. 6a of the Work Environment Act).

        Enterprises with 35 or more employees:
        "In enterprises with 35 or more employees, cooperation shall be organised such that a health and safety organisation is established with the following two levels:
        1. One or more groups shall be responsible for day-to-day tasks regarding health and safety. One group shall comprise one appointed supervisor and one elected health and safety representative.
        2. One or more committees shall be responsible for overall tasks related to health and safety. If one or two groups have been established in the enterprise pursuant to no. 1, the committee shall comprise the members of the group or groups. If more than two groups have been established, the health and safety representatives shall elect between them two members for the committee, and the supervisors in the groups shall elect between them two members for the committee. The chairman of a committee shall be the employer or a representative of the employer" (Sec. 6c of the Work Environment Act).

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 6a-c)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 6a-c)

      • 5.1.3 Written risk assessment

        Summary/citation: "(1) The employer shall ensure the preparation of a written workplace assessment of the health and safety conditions at the workplace, taking due regard to the nature of the work, the work methods and work processes which are applied, as well as the size and organisation of the enterprise. The workplace assessment shall remain at the enterprise and be available to the management and employees at the enterprise, as well as the Working Environment Authority, which inspects the workplace assessment. A workplace assessment shall be revised when there are changes in work, work methods, work processes, etc., and these changes are significant for health and safety at work. The workplace assessment shall be revised at least every three years.

        (2) A workplace assessment shall include an opinion on the health and safety issues at the workplace, and how these are to be resolved in compliance with the principles of prevention stated in the health and safety legislation. The assessment shall include the following elements:
        1. Identification and mapping of the health and safety conditions at the enterprise.
        2. Description and assessment of the health and safety issues at the enterprise.
        3. Priorities and an action plan to resolve the health and safety issues at the enterprise.
        4. Guidelines for following up the action plan.

        (3) The employer shall involve the health and safety organisation or the employees in planning, organising, implementation and following up the workplace assessment, cf. subsections (1) and (2)" (Sec. 5a of the Work Environment Act).

        Remarks / comments: Important requirements for the risk assessment:

        - The risk assessment must be prepared jointly by the employer and the health and safety organisation or the employees.
        - The risk assessment must be written down either on paper or electronically.
        - The risk assessment must be available at the workplace such that management, the employees and the Danish Working Environment Authority (WEA) can read it.
        - The risk assessment must contain a survey of the company’s health and safety initiatives and a description of any problems. The risk assessment shall also include the company’s sick absence statistics.
        - If there are health and safety-related problems, the risk assessment must also include an action plan for addressing any problems that cannot be solved immediately.
        - The risk assessment must be revised at least every three years.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 5a )

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 5a )

      • 5.1.4 Safe operating work systems and procedures

        No data available.

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

      • 5.1.5 Training and information on risks

        Summary/citation: Training of members of the health and safety organisation: "(2) The employer shall provide the members of the health and safety organisation with opportunity to acquire the necessary knowledge and training on health and safety issues" (Sec. 8 (2) of the Work Environment Act).

        Training of employees: "2) Furthermore, the employer shall ensure that the employees receive the necessary training and instruction to perform their work in such a way as to avoid any possibility of risk" (Sec. 17 of the Work Environment Act).

        Remarks / comments:

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 8, 17)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 8, 17)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

      • 5.1.6 Review or assessment of the results of preventive measures

        Summary/citation: "(1) The employer shall ensure the preparation of a written workplace assessment of the health and safety conditions at the workplace, taking due regard to the nature of the work, the work methods and work processes which are applied, as well as the size and organisation of the enterprise. The workplace assessment shall remain at the enterprise and be available to the management and employees at the enterprise, as well as the Working Environment Authority, which inspects the workplace assessment. A workplace assessment shall be revised when there are changes in work, work methods, work processes, etc., and these changes are significant for health and safety at work. The workplace assessment shall be revised at least every three years.
        (2) A workplace assessment shall include an opinion on the health and safety issues at the workplace, and how these are to be resolved in compliance with the principles of prevention stated in the health and safety legislation. The assessment shall include the following elements:
        1. Identification and mapping of the health and safety conditions at the enterprise.
        2. Description and assessment of the health and safety issues at the enterprise.
        3. Priorities and an action plan to resolve the health and safety issues at the enterprise.
        4. Guidelines for following up the action plan.
        (3) The employer shall involve the health and safety organisation or the employees in planning, organising, implementation and following up the workplace assessment, cf. subsections (1) and (2) (...) (Sec. 15 of the Work Environment Act).

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 15a)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§15a)

      • 5.1.7 Consultation with workers in health and safety

        Summary/citation: Enterprises with 1-9 employees:
        "In enterprises with 1-9 employees, cooperation on health and safety shall be through regular direct contact and dialogue between the employer, the employees and any supervisors" (Sec. 6 of the Work Environment Act).

        Consultation with workers in enterprises without health and safety organisation (enterprises with 1-9 employees):
        "(1) In enterprises without a health and safety organisation, the employer shall every year together with the employees and any supervisors have a safety and health meeting in order to;
        1. determine how the cooperation shall proceed the coming year,
        2. assess whether last years goals were achieved,
        3. set targets for the coming years of cooperation, and
        4. discuss whether the enterprise has enough expertise in the area of health and safety.
        (2) The employer shall be able to proof for the Work Environment Authority that the early safety and health meeting has taken place by providing documents in writing" (Sec. 4 of the Executive Order No. 1181 og 15. October 2010 on the Cooperation of Safety and Health).

        Enterprises with 10-34 employees:
        "In enterprises with 10-34 employees, cooperation on health and safety shall be organised in a health and safety organisation composed of one or more supervisors and one or more elected health and safety representatives, with the employer or a representative of the employer as chairman. The health and safety organisation shall be responsible for both day-to-day and overall tasks relating to health and safety" (Sec. 6a of the Work Environment Act).

        Enterprises with 35 or more employees:
        "In enterprises with 35 or more employees, cooperation shall be organised such that a health and safety organisation is established with the following two levels:
        1. One or more groups shall be responsible for day-to-day tasks regarding health and safety. One group shall comprise one appointed supervisor and one elected health and safety representative.
        2. One or more committees shall be responsible for overall tasks related to health and safety. If one or two groups have been established in the enterprise pursuant to no. 1, the committee shall comprise the members of the group or groups. If more than two groups have been established, the health and safety representatives shall elect between them two members for the committee, and the supervisors in the groups shall elect between them two members for the committee. The chairman of a committee shall be the employer or a representative of the employer" (Sec. 6c of the Work Environment Act).

        Consultation with workers in enterprises with health and safety organisation - yearly safety and health meeting:
        " The employer shall have a yearly safety and health meeting with the members of the health and safety organisation in order to:
        1. determine how the cooperation shall proceed the coming year,
        2. assess whether last years goals were achieved,
        3. set targets for the coming years of cooperation, and
        4. discuss whether the enterprise has enough expertise in the area of health and safety.
        (2) The employer shall be able to proof for the Work Environment Authority that the early safety and health meeting has taken place by providing documents in writing" (Sec. 9 of the Executive Order No. 1181 og 15. October 2010 on the Cooperation of Safety and Health).

        Remarks / comments: Small enterprises (1-9 employees): health and safety issues should be dealt with by regular direct contact between the employer and employees. The employer shall have a yearly safety and health meeting with the employees and any supervisors in enterprises without health and safety organisation.

        Medium-size enterprises (10-34 employees): a health and safety organisation (health and safety body) shall be set up. The employer shall have a yearly safety and health meeting in enterprises with health and safety organisation with the members of the health and safety organisation. This consists of one or more elected employee representatives and one or more supervisors, plus the employer, or a representative of the employer, who chairs it.

        Large enterprises (35 or more employees): two-tier structure; (1) one or more groups shall be responsible for day-to-day tasks regarding health and safety, and (2) one or more committees shall be responsible for overall tasks related to health and safety.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 6-6c)

        • Order (No. 1180 of 2010) on cooperation respecting Safety and Health at the workplace. (§§ 4 and 9)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

    • 5.2 Obligation to implement a specific OSH management system or standard

      Summary/citation: "Enterprises with employees who are covered by the Work Environment Act, may obtain a health and safety certificate for its occupational health and safety management system for either the whole business (the legal entity and all of the production units) or one or more production units" (Sec. 1 of the Executive Order on recognised health and safety certificate obtained through certification of the enterprises´safety and health management system).

      Remarks / comments: In Denmark, enterprises can obtain a health and safety certificate.

      • Executive order on recognised health and safety certificate obtained through certification of the enterprises’ health and safety management system ( No. 1193 of 9 Oktober 2013) (§ 1)

  • 6 Employers’ duty to ensure availability of expertise and competence in health and safety

  • 7 Workers' rights and duties

    • 7.1 Duty to take reasonable steps to protect their own safety and health

      Summary / Citation: "The employees shall participate in the cooperation concerning health and safety" (Sec. 27 of the Work Environment Act).

      "(1) The employees shall cooperate to ensure that the working conditions are safe and without risks to health within their field of activity and shall check the effectiveness of measures taken to promote health and safety.
      (2) If the employees become aware of errors or deficiencies which may adversely affect safety or health and which they cannot remedy themselves, they shall inform a member of the health and safety organisation, the supervisor, or the employer.
      (3) Any person who has to remove a safety device temporarily to perform a job, such as repair work or installation, shall ensure that such device is replaced immediately after the performance of the job or that an equally safe protective measure is taken" (Sec. 28 of the Work Environment Act).

      Remarks / comments: Employees are obligated to comply with the safety instructions for their work, e.g. how to operate machines and how to use hazardous substances. This also applies with regard to any requirements to use gloves, earplugs, breathing masks etc. Employees must also help to ensure that the safety instructions are working properly. For instance, employees are not allowed to remove safety guards or deactivate exhaust systems. Employees who become aware of defects or omissions in connection with safety are obligated to report these to the safety representative, the supervisor or the employer.

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 27, 28 )

      • Working in Denmark - a guide to the Danish labour market (p. 10)

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 27, 28 )

      • Executive Order No. 96 of 2001 on the Conditions at Pemanent Places of Work.

    • 7.2 Duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: "The employees shall participate in the cooperation concerning health and safety" (Sec. 27 of the Work Environment Act).

      "(1) The employees shall cooperateaa to ensure that the working conditions are safe and without risks to health within their field of activity and shall check the effectiveness of measures taken to promote health and safety.
      (2) If the employees become aware of errors or deficiencies which may adversely affect safety or health and which they cannot remedy themselves, they shall inform a member of the health and
      safety organisation, the supervisor, or the employer.
      (3) Any person who has to remove a safety device temporarily to perform a job, such as repair work or installation, shall ensure that such device is replaced immediately after the performance of the job or that an equally safe protective measure is taken" (Sec. 28 of the Work Environment Act).

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 27, 28)

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 27, 28)

    • 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: "The supervisor shall participate in the cooperation concerning health and safety" (Sec. 25 of the Work Environment Act).

      "(1) The supervisor shall contribute towards ensuring that the working conditions are safe and healthy within the field of activity of which he is supervisor. In this connection he shall check the effectiveness of the measures taken to promote health and safety.
      (2) If the supervisor becomes aware of errors or deficiencies which may involve a risk of accidents or diseases, he shall take steps to avert such danger. Where the risk cannot immediately be averted by
      his intervention, he shall inform the employer without delay" (Sec. 26 of the Work Environment Act).

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 25, 26 )

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 25, 26 )

    • 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

      Summary / Citation: Management at enterprises: "The provisions of this Act on the duties of the employer shall also apply to the manager or management of the enterprise" (Sec. 23 of the Work Environment Act).

      Definition supervisor: "“Supervisor” shall mean a person whose work consists solely or primarily of managing or supervising, on behalf of the employer, the work in an enterprise or any part thereof" (Sec. 24 of the Work Environment Act).

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 23, 24 )

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 23, 24 )

    • 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

      Summary / Citation: "(1) For building and construction activities where several employers are active at the same work site, the contractor shall plan, demarcate and coordinate the measures to be taken to promote the
      health and safety of employees.
      (2) The Minister for Employment shall lay down more detailed regulations on the obligations of the contractor under subsection (1), including regulations on:
      1. demarcation of the tasks of the individual employers in common areas prior to the
      commencement of work,
      2. preparation and maintenance of a plan for health and safety at the construction site,
      3. coordination of health and safety measures at the planning stage and during performance of
      building and construction work,
      4. appointment of a coordinator with the necessary knowledge and training or the necessary
      qualifications in health and safety matters to manage the coordination of health and safety
      measures at the planning stage and during the performance of building and construction
      work, and 5. preparation and the necessary adjustment of a record book, adapted to the characteristics
      of the project, containing a list of the matters regarding health and safety to be taken into
      account during any future work.
      (3) The Minister for Employment shall lay down more detailed regulations on when the obligations of the contractor under subsection (1) are effective.
      (4) The Minister for Employment may lay down regulations that, upon request, the contractor shall
      document to the Working Environment Authority that the coordinator has the necessary knowledge
      and training or the necessary qualifications in health and safety matters to manage the coordination of health and safety measures at the planning stage and during the performance of building and construction work.
      (5) The Minister for Employment shall lay down more detailed regulations on the obligations of the
      contractor to notify major building and construction works to the Working Environment Authority.
      (6) Furthermore, the contractor shall help to enable the employer to carry out the building and construction work appropriately in relation to health and safety" (Sec. 37 of the Work Environment Act).

    • 7.6 Duty to comply with OSH-related requirements

      Summary / Citation: The performance of the work:
      "(1) Work shall be planned, organised and carried out in such a way as to ensure health and safety.
      (2) Approved standards of importance to health or safety shall be complied with" (Sec. 38 of the Work Environment Act).

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 38)

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 38)

    • 7.7 Right to enquire about risks and preventive measures

      Summary / Citation: "(1) The employer shall inform the employees of any risks of accidents and diseases which may exist in connection with their work.
      (2) Furthermore, the employer shall ensure that the employees receive the necessary training and instruction to perform their work in such a way as to avoid any possibility of risk.
      (3) The Minister for Employment may lay down more detailed regulations about the duties of the
      employer pursuant to subsections (1) and (2)" (Sec. 17 of the Work Environment Act).

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 17 )

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 17)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

    • 7.8 Right to remove themselves from a dangerous situation

      Summary / Citation: "(1) Employees shall have the right to leave their workplace or a danger zone in the event of serious or immediate danger which cannot be avoided.
      (2) The position of the employee must not be adversely affected because the employee leaves the workplace or a danger zone, cf. subsection (1).
      (3) Employees whose rights under subsections (1) and (2) are violated may be awarded compensation" (Sec. 17a of the Work Environment Act).

      "(1) The employer shall ensure that the employees, taking account of their knowledge and access to technical aids, are able to decide upon appropriate measures themselves in order to avoid the consequences of serious and immediate danger to the safety of themselves or others, when it is not possible for the employees to contact the employer, manager or supervisor.
      (2) The position of an employee shall not be adversely affected because the employee has taken measures pursuant to subsection (1), unless the employee in such cases has acted with intentional or gross negligence.
      (3) Employees whose rights under subsection (2) are violated may be awarded compensation" (Sec. 17b of the Work Environment Act).

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§17a, 17b )

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 17a, 17b )

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

    • 7.9 Right to be reassigned to non-hazard work

      No data available.
      • 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

        No data available.
  • 8 Consultation, collaboration and co-operation with workers and their representatives

  • 9 Specific hazards or risks

  • 10 Recording, notification and investigation of accidents/incidents and diseases

  • 11 OSH inspection and enforcement of OSH legislation

    • 11.1 Appointment of OSH inspectors

      Summary / Citation: "The Working Environment Authority shall be an agency under the auspices of the Ministry of Employment, and shall comprise a central unit and a number of regional inspectorates" (Sec. 70 of the Work Environment Act).

      "(1) It shall be the duty of the Working Environment Authority to:
      1. advise enterprises, sector working environment councils, employees' and employers' organisations and the public in all matters concerning health and safety issues,
      2. assist the Ministry of Employment in preparing the regulations pursuant to this Act,
      3. issue provisions under the authority from the Minister for Employment,
      4. remain cognizant of technical and social developments with a view to improving activities to promote health and safety in the working environment,
      5. examine plans for working processes, work sites, technical equipment, etc. and substances and materials and issue licences under this Act or administrative provisions,
      6. ensure that this Act and the regulations laid down under the authority of this Act are complied with, except for sections 17a-c.
      (2) The Working Environment Authority may obtain access to necessary information in the income register, cf. section 7 of the Income Register Act, and in the customs and tax authority’s registration system for enterprises, in order to identify enterprises on the basis of reported occupational diseases" (Sec. 72 of the Work Environment Act).

      "(1) As a part of a supervisory tasks of the Work Environment Authority according to Sec. 72, the Work Environment Authority shall carry out risk-based inspections of enterprises with employees.
      (2) The Ministry of Employment may lay down more detailed regulations that enterprises which can document good health and safety conditions, are to be exempt from inspection" (Sec. 72a of the Work Environment Act).

      Remarks / comments: The Working Environmetn Authority monitors whether Acts and rules in the field of safety and health at work are observed, through inspection visits and guidance of the enterprises and their safety organisations, with a view to making the enterprises capable of solving their own tasks in relation to the working environment. The Working Environment Authority uses different inspection methods:

      Risk-based inspections: Risk-based inspections is a new form of inspection in Denmark. The risk-based inspection is based on an index model. The index model contains a number of parameters that are business and industry- oriented. Together these are used to identify which enterprises that are most likely to have working environment problems. Enterprises that are considered to have the most serious health and safety issues are subject to more inspections. Inspection visits are unannounced, but the enterprises are generally contacted by telephone 1-4 months prior to the inspection visit.

      • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 70, 72a )

      • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011)

      • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 70, 72a)

      Related CEACR Comments
      Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

    • 11.2 OSH inspectors’ powers

      • 11.2.1 Power to enter workplaces

        Summary / Citation: "(1) The Working Environment Authority shall complete screening of health and safety at enterprises with employees in order to identify the enterprises needing inspection. The screening shall also form the basis for this inspection. (2) The Minister for Employment may lay down more detailed regulations that enterprises which can document good health and safety conditions are to be exempt from screening"(Sec. 72a of the Working Environment Act).

        "(3) The staff of the Working Environment Authority may, at all times, on proof of identity and without a court order, gain access to public and private work sites, cf. however, subsection (4), insofar as it is required to carry out their duties. The police shall provide the necessary assistance. More detailed regulations for such assistance may be laid down by the Minister for Employment, after consultation with the Minister for Justice.
        (4) Subsection (3) shall not apply to inspection by the Working Environment Authority of work of a non-commercial nature carried out by persons at their private residence, holiday residence, land associated hereto, vehicles, leisure vessels, and other property or items belonging to the household. The Minister for Employment may, however, lay down that the Working Environment Authority may continue to carry out inspection and supervision of elevators and other lifting equipment, as well as equipment under pressure, without a court order.
        (5) The staff of the Working Environment Authority may, in performance of its work, without a court order demand presentation of all available documentation, including taking photographs and similar, and taking samples for further analysis or examination. The employer, or the employer’s representative, cf. sections 23 and 24, shall be informed of such action. (Sec. 76(3-5) of the Working Environment Act).

        Remarks / comments: The inspectors of the Danish Work Environment Authority have free access to public and private work places to the extent required to enable them to execute their duties. The inspectors also have the right to talk to all employees.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 72a, 76(3-5))

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 66-67)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 72a, 76(3-5))

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2008
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2016

      • 11.2.2 Power to inspect and carry out any examination, test or enquiry

        Summary / Citation: "(1) Any person who is subject to obligations under this Act shall, on request, provide the Working Environment Authority with all information necessary for the performance of its work.
        (2) If there is specific reason to suspect that a legal person has committed an offence that may be punishable, the obligation for natural persons associated with the legal person to submit information pursuant to subsection (1) shall apply insofar as information is sought for the purpose of considering other matters than assessment of penalties, cf. section 10(2) of the Danish Act on Due Process in Connection with the Administration’s Use of Compulsory Intervention and Duties of Disclosure.
        (3) The staff of the Working Environment Authority may, at all times, on proof of identity and without a court order, gain access to public and private work sites, cf. however, subsection (4), insofar as it is required to carry out their duties. The police shall provide the necessary assistance. More detailed regulations for such assistance may be laid down by the Minister for Employment, after consultation with the Minister for Justice.
        (4) Subsection (3) shall not apply to inspection by the Working Environment Authority of work of a non-commercial nature carried out by persons at their private residence, holiday residence, land associated hereto, vehicles, leisure vessels, and other property or items belonging to the household. The Minister for Employment may, however, lay down that the Working Environment Authority may continue to carry out inspection and supervision of elevators and other lifting equipment, as well as equipment under pressure, without a court order.
        (5) The staff of the Working Environment Authority may, in performance of its work, without a court order demand presentation of all available documentation, including taking photographs and similar, and taking samples for further analysis or examination. The employer, or the employer’s representative, cf. sections 23 and 24, shall be informed of such action (Sec. 76 of the Working Environment Act).

        Remarks / comments: The Inspectors of the Danish Working Environment Authorithy have the power to inspect and carry out any examination when performing their work.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 76)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 76)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2008
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2016

      • 11.2.3 Power to investigate

        Summary / Citation: "Investigations of accidents shall be choosen based on the following three criterias:

        A-criteria relating accident that shall be investigated
        B-criteria relating accidents that can be investigated
        C-criteria relating to accidents that the Work Environment Authority want to examine due to specific reasons".

        Remarks / comments: The Working Environment Authority investigates all fatalities and accidents;in particular enterprises that have urgent need of prevention efforts(forebyggelsesindsats)and particulary dangerous accidents (ulykkeshændelser af særlig farlig karakter).

        A-criteria: very serious/dangerous accidents, which for example have resulted in death, amputation, severe damage, fire, explosion and serious chemical emission.
        B-criteria: accidents that have caused serious damage and there is a particulary need for prevention efferts.
        C-criteria: accidents that the Work Environment Authority want to examine due to specific reasons.

        • Internal instruction of the Working Environment Authority on selection criterias for investigating accidents (IN-18-7) (In Danish) ("Instruks")

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish)

      • 11.2.4 Duty to provide advice on OSH

        Summary / Citation: "(1) It shall be the duty of the Working Environment Authority to:
        1. advise enterprises, sector working environment councils, employees' and employers' organisations and the public in all matters concerning health and safety issues (...) (Sec. 72 of the Work Environment Act).

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 72)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 72)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2008
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2016

    • 11.3 OSH inspectors’ enforcement powers

      • 11.3.1 Power to issue orders or notices

        Summary / Citation: "1) The Working Environment Authority may decide matters which are in contravention of this Act, or in contravention of regulations or decisions in pursuance of this Act, and in this respect order that matters be remedied immediately or within a specified period.
        (2) Where the Working Environment Authority finds it necessary in order to avert an imminent, serious risk to the safety or health of the employees or any other persons, it may order that the risk be addressed immediately, including
        1. that those present shall leave the danger zone immediately,
        2. that the use of a machine, machine part, container, prefabricated construction, appliance, tool, or other technical equipment or a substance or material be discontinued, or
        3. that work as such be discontinued.
        (3) The Director General of the Working Environment Authority may order that, any person who has supplied or placed on the market technical equipment or personal protective equipment or a substance or material which presents a risk to health and safety, despite being utilised in accordance with its relevant instructions, shall take the necessary measures to remedy the matter. In this connection the Director General may order:
        1. the technical equipment, by virtue of its technical characteristics, presents the same risk as technical equipment where placing on the market is prohibited or restricted or where the technical equipment is subject to special conditions, or
        2. the technical equipment has technical characteristics presenting a risk due to shortcomings of a harmonised standard.
        (4) At the request of the European Commission, the Working Environment Authority may order that placing on the market of technical equipment be prohibited or restricted, or that the technical equipment be made subject to special conditions, if
        1. the technical equipment, by virtue of its technical characteristics, presents the same risk as technical equipment where placing on the market is prohibited or restricted or where the technical equipment is subject to special conditions, or
        2. the technical equipment has technical characteristics presenting a risk due to shortcomings of a harmonised standard.
        (5) The Working Environment Authority may
        1. prohibit placing on the market of technical equipment or personal protective equipment marked in contravention of the regulations on CE marking,
        2. order that technical equipment or personal protective equipment marked in contravention of the regulations on CE marking be withdrawn from the market, or
        3. order that placing on the market of technical equipment or personal protective equipment marked in contravention of the regulations on CE marking be restricted.
        (6) The Working Environment Authority may order the person who has supplied or placed on the market technical equipment, personal protective equipment, or a substance or material to destroy this in an appropriate manner, if the technical equipment, personal protective equipment, or substance or material poses a serious risk to health and safety" (Sec. 77 of the Working Environment Act).

        Remarks / comments: The Danish Work Environment Authority has authority to penalise enterprises or institutions that do not comply with the working environment rules. As regards clear violations of the substantive rules of the Work Environment Act, the Work Environment Authority has a range of enforcement options to ensure that the enterprises comply with the Act. The choice of action is made based on the nature and seriousness of the working environment problem. For example, the Work Environment Authority has the power to issue Prohibation notices (Forbud), Immediate improvement notice (Strakspåbud), Improvement notice with deadline (Påbud med frist), Consultancy notices (Rådgivningspåbud), and Investigation notice (§ 21-påbud).

        - Prohibation notice (Forbud): An enterprise may be issued a prohibition notice preventing it from continuing to work if there is an imminent and great danger to the safety and health of the employees and others. A prohibition notice means that all work must stop immediately and that it may not be resumed until it can be carried out safely.

        - Immediate improvement notice(Strakspåbud): The enterprise may be issued an immediate improvement notice if there is a serious working environment problem. An immediate improvement notice means that the error must be corrected immediately. Organisations that are issued an immediate improvement notice may be permitted to solve the problem temporarily until it is possible to solve the problem permanently.

        - Improvement notice with deadline (Påbud med frist): An improvement notice with deadline means that the enterprise may continue its production while being required to find a permanent solution to the problem before expiry of the deadline. The Working Environment Authority lays down a deadline that is long enough to ensure that the enterprise has the necessary time to find a good and sustainable solution to the problem.

        - Investigation notice (§21 notice) (§21-påbud): The enterprise may be issued an investigation notice if the Working Environment Authority has concrete grounds for suspecting that the working environment is not appropriate, but the enterprise is unable to provide documentation. The rules on investigation notices are prescribed in Sec. 21 of the Work Environment Act.

        - Consultancy notice (Rådgivningspåbud): A consultancy notice is a notice for an enterprise to use an authorised Health and Safety Consultant to help solve one or more of its working environment problems. There are three types of consultancy notices that can be issued in case of violations of the health and safety legislation; (1) consultancy notices issued in case of complex and serious violations, (2) consultancy notices issued in case of many violations and (3) consultancy notices issued in case of repeated violations. In addition, a consultancy notice may be issued to investigate the psychological working environment where there is no violation of the health and safety legislation.

        - Injunction without notice(Afgørelse uden påbud): An injunction without notice is a decision by the Work Environment Authority stating that the enterprise has violated the Work Environment Ac, but the enterprise is not required to act.

        - Response (Tilbagemelding): An enterprise that has been issued an improvement notice with deadline, an immediate improvement notice, a prohibition notice, or an administrative fine are obliged to, before the deadline, to notify the Work Environment Authority on how the enterprise has solved the working environment problem.

        • Inspections and actions by the Danish Working Environment Authority.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 77)

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 68)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 77)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2008
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2016

      • 11.3.2 Power to impose financial penalties

        Summary / Citation: "(1) In specific cases of contraventions of working environment regulations which are not judged to be subject to higher penalties than fines, the Minister for Employment may lay down regulations on how the Working Environment Authority may, in notification of a fine, declare that the case may be settled out of court. This shall applies if the party who has committed the contravention admits guilt and declares his willingness, within a given time limit, to pay the fine indicated in the notification of the fine. A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such" (Sec. 82a of the Working Environment Act).

        Remarks / comments: Administrative fines (Administrative bøder): Sec. 82a (1) of the Work Environment Act states that in specific cases of infringements of working environment rules which are not judged to be subject to higher penalties than fines, the Minister for Employment may lay down rules on how the Danish Working Environment Authority may, in the notification of a fine, declare that the case may be settled by court. This applies if the party accused of the infringement admits its guilt and declares its willingness, within a given time limit, to pay the fine indicated in the notification of the fine. The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or to the enterprise per se.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 82)

      • 11.3.3 Power to revoke or suspend licenses or authorisations

        Summary / Citation: Example: A smiley with a crown
        "(...)(2) A smiley with a crown crown should be removed:
        1. if the Working Environment Authority has noticed that the enterprise violates the working environment rules, and this results in a yellow or red smiley (...) (Sec. 3 of the Executive order on publication of enterprises' working environment).

        Remarks / comments: The Danish Work Environment Auhtority has established a “smiley” scheme. The purpose of this scheme is to allow the general public to see how an enterprise is doing in terms of health and safety .The smiley is given to the enterprise following an inspection, and is based on the outcome of that inspection.

        There are four smileys in the health and safety field: a red smiley, a yellow smiley, a green smiley, and a green smiley with a crown.

        - A green smiley indicates that the enterprise has no issues with the Working Environment Authority.
        - A yellow smiley indicates that the enterprise has received a notice with a time limit or an immediate improvement notice.
        - A red smiley indicates that the enterprise has received an improvement notice or a prohibition notice.
        - A smiley with a crown indicates that the enterprise holds a recognised health and safety certificate. This means that the enterprise has made an extraordinary effort to ensure a high level of health and safety.

        The Working Environment Authority has the power to remove a smiley.

        • Executive order on publication of enterprises' working environment (No. 1276 of 8 December 2011) (§ 3)

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 67)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2008
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2016

      • 11.3.4 Power to require the cessation of dangerous work

        Summary / Citation: "1) The Working Environment Authority may decide matters which are in contravention of this Act, or in contravention of regulations or decisions in pursuance of this Act, and in this respect order that matters be remedied immediately or within a specified period.
        (2) Where the Working Environment Authority finds it necessary in order to avert an imminent, serious risk to the safety or health of the employees or any other persons, it may order that the risk be addressed immediately, including
        1. that those present shall leave the danger zone immediately,
        2. that the use of a machine, machine part, container, prefabricated construction, appliance, tool, or other technical equipment or a substance or material be discontinued, or
        3. that work as such be discontinued(...)" (Sec. 77 of the Working Environment Act).

        Remarks / comments: The Working Environment Authorithy has the power to require the cessation of dangerous work.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 77)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 77)

        Related CEACR Comments
        Labour Inspection Convention, 1947 (No. 81) Observation 2008
        Labour Inspection Convention, 1947 (No. 81) Direct Request 2016

      • 11.3.5 Power to initiate prosecutions

        Remarks / comments: Police report: in the event of gross violations of the working environment
        rules, the Working Environment Authorithy may report to the Police. It is the department of public prosecutions (anklagemyndigheden) that decides if prosecution should commence. In such cases, the department of public prosecutions carries the burden of proof.

        • Labour inspection reactions by the Working Environment Authority (Police notice)

      • 11.3.6 Power to conduct prosecutions

        Remarks / comments: A company may be reported to the police if there is a serious breach of the Working Environment Ac. The department of public prosecution(anklagemyndigheden) can then bring charges against the company. It is the prosecutor who decides whether to take criminal proceedings against the company. In such cases, the prosecutor carries the burden of proof.

        • Labour inspection reactions by the Working Environment Authority (Police notice)

      • 11.3.7 Other enforcement powers

        No data available.
    • 11.4 Application of sanctions by courts

      Yes.
      • 11.4.1 Financial penalties for legal persons

        Summary / Citation: "Companies, etc. (legal persons) may incur criminal liability according to the regulations in chapter 5 of the Criminal Code. Section 83(3) shall apply correspondingly" (Sec. 86 of the Work Environment Act).

        "A legal person may be punished by a fine, if such punishment is authorised by law or by rules pursuant thereto" (Sec. 25 of the Danish Penal Code).

        Remarks / comments: The employer has the primary responsibility for the work environment, either as an individual or as a collective entity.

        • The Danish Penal Code (No. 1028 of 22 Aug 2008) (in Danish) (Ch. 5)

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§ 86)

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 71 )

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§ 86)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

      • 11.4.2 Financial penalties for natural persons

        Summary / Citation: "(1) Unless a more severe penalty is prescribed by other legislation, a person shall be liable to a fine or imprisonment of up to one year where he:
        1. contravenes sections 15, 15a, 16, 17(1) and (2), 18, 19, 20(1), 20a(1), 21(1), 23, 25-34, 37(1) and (6), 38(1), 42(1), 45(1), 48(1), 63(5), 75(4), 76(1) or the European Community regulations with respect to matters covered by this Act,
        2. allows work to be carried out in contravention of Parts 9 and 10, manages or supervises such work, or carries out work in contravention of Part 9,
        3. fails to comply with an order pursuant to sections 77, 77a(1) or
        4. fails to submit information pursuant to section 22(2).
        (2) The penalty may increase to imprisonment of up to two years if the contravention has caused an accident resulting in serious personal injury or death.
        (3) When setting penalties under subsection (1), no. 1, it shall, insofar as the employer has discharged his duties pursuant to Part 4 of this Act, be considered aggravating circumstances that employees intentionally, or with gross negligence, contravene the legislative requirements concerning
        1. use of personal protective equipment,
        2. use of extraction and ventilation measures,
        3. use of protective equipment or safety measures,
        4. use of safe working methods, or
        5. certificates for cranes or fork-lift trucks.
        (4) Apart from the cases mentioned in subsection (3), when setting penalties under subsections (1) and (2), the following shall be considered aggravating circumstances:
        1. that the contravention has caused loss of life or health or brought about danger of such, without the contravention being covered by subsection (2),
        2. that an improvement notice under section 77(1) or (2) has previously been issued, or other decisions have been made by the Working Environment Authority with respect to contravention of this Act, for the same or similar conditions,
        3. that the contravention has resulted in, or was intended to result in, financial benefit for the person in question or another person, or
        4. that the contravention was committed intentionally or with gross negligence.
        (5) Specially aggravating circumstances shall apply when young persons under the age of 18 are subject to loss of life or health, or brought into danger of such, cf. subsection (4), no. 1.
        (6) If the benefits acquired through the contravention are not to be confiscated, fines and supplementary fines shall be set which take special account of the size of the benefits which were acquired or which were intended to be acquired.
        (7) Section 23 of the Danish Criminal Code concerning complicity shall apply to the liability to penalty referred to in subsections (1) and (2).
        (8) The time limits for liability to penalty shall be five years for contravention of sections 30-34, and for contravention of the regulations issued in pursuance of section 35" (Sec. 82 of the Work Environment Act).

        "(1) In specific cases of contraventions of working environment regulations which are not judged to be subject to higher penalties than fines, the Minister for Employment may lay down regulations on how the Working Environment Authority may, in notification of a fine, declare that the case may be settled out of court. This shall applies if the party who has committed the contravention admits guilt and declares his willingness, within a given time limit, to pay the fine indicated in the notification of the fine. A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such.
        (2) The provisions laid down in the Danish Administration of Justice Act on requirements concerning the content of indictments and on the right of the accused to remain silent, shall apply correspondingly to notifications of fines.
        (3) Further prosecution shall be discontinued on acceptance of a fine.
        (4) Accepted fines shall be recoverable by execution of a lien (Sec. 82a of the Work Environment Act).

        "(1) For contravention of sections 15, 15a, 16, 38(1), 42(1), 45(1), 48(1), and 82(1), nos. 2 and 3 an employer may be liable to pay a fine, notwithstanding that the employer has not acted intentionally or negligently, cf. however, subsection (3). A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such. No imprisonment shall be determined in lieu of a fine.
        (2) When setting the fine, section 82(2), (4) and (5) shall apply correspondingly.
        (3) Insofar as the employer has discharged his duties pursuant to Part 4 of this Act, the employer may not be made liable to a fine, if employees contravene the legislative requirements concerning 1. use of personal protective equipment,
        2. use of extraction and ventilation measures,
        3. use of protective equipment or safety measures,
        4. use of safe working methods, or
        5. certificates for cranes or fork-lift trucks" (Sec. 83 of the Work Environment Act).

        "Regulations issued in pursuance of this Act may provide for penalties in the form of a fines or imprisonment of up to two years in respect of contravention of provisions in the rules and contravention of improvement or prohibition notices in pursuance of the rules. Furthermore, it may be laid down that an employer who contravenes such provisions and notices as mentioned above may be liable to a fine, even if the employer has not acted intentionally or negligently. A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such. No imprisonment shall be determined in lieu of a fine" (Sec. 84 of the Work Environment Act).

        Remarks / comments: The provisions of the Work Environment Act are enforced by criminal prosecution before the ordinary courts.

        The Work Environment Act prescribes penalisation by fines (or imprisonment): Sec. 82(1) states that unless a more severe penalty is prescribed by other legislation, a person shall be liable to pay a fine (or imprisonment of up to one year where he contravenes various sections of the Work Environment Act). Sec. 83(1) states that for contravention of various Sections of the Work Environment Act, an employer may be liable to pay a fine even if he has not acted intentionally or negligently. The sections that are referred to in Sec. 83(1) are Sec. 15 and 15a about the duty of the employer to prepare a workplace assessment, Sec. 16 concerning the duty of the employer to ensure that there is effective supervision that work is performed safely and without risks to health, Sec. 38(1) concerning work being planned, organised and performed in such a way as to ensure safety and health, Sec. 42(1) concerning the workplace being in a condition that it is safe and healthy, Sec. 45(1) concerning technical equipment etc. being designed and used in such a way that they are safe and without risks to health and finally Sec. 48(1) concerning substances and materials. The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or to the enterprise per se. There shall be no alternative sentence in lieu of the fine. According to Sec. 83(3), if the employer has discharged his duties pursuant to Part 4 of the Work Environment Act concerning general duties, the employer may not be held liable to pay a fine if employees contravene the legislative requirements concerning:
        - use of personal protective equipment;
        - use of extraction measures;
        - use of safety equipment or safety measures;
        - use of safe working methods;
        - certificates for cranes and forklift trucks.

        Furthermore, according to Sec. 84, rules made in pursuance of the Work Environment Act may provide for penalties in the form of a fine or imprisonment of up to two years in respect of contravention of provisions in the rules and contravention of improvement or prohibition notices in pursuance of the rules. Furthermore, it may be laid down that an employer who contravenes such provisions and notices as mentioned above may be liable to a pay a fine even if he has not acted intentionally or negligently. The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or to the enterprise per se. There shall be no alternative sentence in lieu of the fine. According to Sec. 85, liabilities to pay a fine under Sections 83 and 84(2) may not be imposed on managers.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 82, 82a, 83, 84, 85)

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 71-72)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 82, 82a, 83, 84 , 85)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

      • 11.4.3 Non-financial sanctions

        Remarks / comments: The Working Environment Authority has authority to penalise enterprises or institutions which do not comply with the working environment rules. As regards clear violations of the substantive rules of the Work Environment Act, the Work Environment Authority has a range of enforcement options to ensure that the enterprises comply with the Work Environment Act. The Working Environment Authority has the power to issue administrative fines and in cases of extreme danger, the Authority may also order the work to be suspended. The choice of action is made based on the nature and seriousness of the working environment problem:

        Prohibation notices(Forbud): An enterprise may be issued a prohibition notice preventing it from continuing to work if there is an imminent and great danger to the safety and health of the employees and others. A prohibition notice means that all work must stop immediately and that it may not be resumed until it can be carried out safely.

        Immediate improvement notice (Strakspåbud): The enterprise may be issued an immediate improvement notice if there is a serious working environment problem. An immediate improvement notice means that the error must be corrected immediately. Organisations that are issued an immediate improvement notice may be permitted to solve the problem temporarily until it is possible to solve the problem permanently.

        Omprovement notice with deadline (Påbud med frist): An improvement notice with deadline means that the enterprise may continue its production while being required to find a permanent solution to the problem before expiry of the deadline. The Working Environment Authority lays down a deadline that is long enough to ensure that the enterprise has the necessary time to find a good and sustainable solution to the problem.

        Investigation notice (§21 NOTICE) (§21-påbud): The enterprise may be issued an investigation notice if the Working Environment Authority has concrete grounds for suspecting that the working environment is not appropriate, but the enterprise is unable to provide documentation. The rules on investigation notices are prescribed in Sec. 21 of the Work Environment Act.

        Consultancy notice (Rådgivningspåbud): A consultancy notice is a notice for an enterprise to use an authorised Health and Safety Consultant to help solve one or more of its working environment problems. There are three types of consultancy notices that can be issued in case of violations of the health and safety legislation; (1) consultancy notices issued in case of complex and serious violations, (2) consultancy notices issued in case of many violations and (3) consultancy notices issued in case of repeated violations. In addition, a consultancy notice may be issued to investigate the psychological working environment where there is no violation of the health and safety legislation.

        Injunction without notice (Afgørelse uden påbud): An injunction without notice is a decision by the Work Environment Authority stating that the enterprise has violated the Work Environment Ac, but the enterprise is not required to act.

        Administrative fines (Administrative bøder): Sec. 82a (1) of the Work Environment Act states that in specific cases of infringements of working environment rules which are not judged to be subject to higher penalties than fines, the Minister for Employment may lay down rules on how the Danish Working Environment Authority may, in the notification of a fine, declare that the case may be settled by court. This applies if the party accused of the infringement admits its guilt and declares its willingness, within a given time limit, to pay the fine indicated in the notification of the fine. The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or to the enterprise per se.

        police report (Politianmeldelse): In the event of gross violations of the working environment rules the Working Environment Authority can be reported direct to the Police.

        Response(Tilbagemelding): An enterprise that has been issued an improvement notice with deadline, an immediate improvement notice, a prohibition notice, or an administrative fine are obliged to, before the deadline, to notify the Work Environment Authority on how the enterprise has solved the working environment problem.

        • Inspections and actions by the Danish Working Environment Authority.

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 68)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

      • 11.4.4 Criminal liability

        Summary / Citation: Penalties for violating the Work Environment Act (Sec. 82-87):

        "(1) Unless a more severe penalty is prescribed by other legislation, a person shall be liable to a
        fine or imprisonment of up to one year where he:
        1. contravenes sections 15, 15a, 16, 17(1) and (2), 18, 19, 20(1), 20a(1), 21(1), 23, 25-34, 37(1) and (6), 38(1), 42(1), 45(1), 48(1), 63(5), 75(4), 76(1) or the European Community regulations with respect to matters covered by this Act,
        2. allows work to be carried out in contravention of Parts 9 and 10, manages or supervises such work, or carries out work in contravention of Part 9,
        3. fails to comply with an order pursuant to sections 77, 77a(1) or
        4. fails to submit information pursuant to section 22(2).
        (2) The penalty may increase to imprisonment of up to two years if the contravention has caused an accident resulting in serious personal injury or death.
        (3) When setting penalties under subsection (1), no. 1, it shall, insofar as the employer has discharged his duties pursuant to Part 4 of this Act, be considered aggravating circumstances that employees intentionally, or with gross negligence, contravene the legislative requirements concerning
        1. use of personal protective equipment,
        2. use of extraction and ventilation measures,
        3. use of protective equipment or safety measures,
        4. use of safe working methods, or
        5. certificates for cranes or fork-lift trucks.
        (4) Apart from the cases mentioned in subsection (3), when setting penalties under subsections (1) and (2), the following shall be considered aggravating circumstances:
        1. that the contravention has caused loss of life or health or brought about danger of such, without the contravention being covered by subsection (2),
        2. that an improvement notice under section 77(1) or (2) has previously been issued, or other decisions have been made by the Working Environment Authority with respect to contravention of this Act, for the same or similar conditions,
        3. that the contravention has resulted in, or was intended to result in, financial benefit for the person in question or another person, or
        4. that the contravention was committed intentionally or with gross negligence.
        (5) Specially aggravating circumstances shall apply when young persons under the age of 18 are subject to loss of life or health, or brought into danger of such, cf. subsection (4), no. 1.
        (6) If the benefits acquired through the contravention are not to be confiscated, fines and supplementary fines shall be set which take special account of the size of the benefits which were acquired or which were intended to be acquired.
        (7) Section 23 of the Danish Criminal Code concerning complicity shall apply to the liability to penalty referred to in subsections (1) and (2).
        (8) The time limits for liability to penalty shall be five years for contravention of sections 30-34, and for contravention of the regulations issued in pursuance of section 35" (Sec. 82 of the Work Environment Act).

        "(1) In specific cases of contraventions of working environment regulations which are not judged to be subject to higher penalties than fines, the Minister for Employment may lay down regulations on how the Working Environment Authority may, in notification of a fine, declare that the case may be settled out of court. This shall applies if the party who has committed the contravention admits guilt and declares his willingness, within a given time limit, to pay the fine indicated in the notification of the fine. A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such.
        (2) The provisions laid down in the Danish Administration of Justice Act on requirements concerning the content of indictments and on the right of the accused to remain silent, shall apply correspondingly to notifications of fines.
        (3) Further prosecution shall be discontinued on acceptance of a fine.
        (4) Accepted fines shall be recoverable by execution of a lien" (Sec. 82a of the Work Environment Act).

        "(1) For contravention of sections 15, 15a, 16, 38(1), 42(1), 45(1), 48(1), and 82(1), nos. 2 and 3 an employer may be liable to pay a fine, notwithstanding that the employer has not acted intentionally or negligently, cf. however, subsection (3). A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such. No imprisonment shall be determined in lieu of a fine.
        (2) When setting the fine, section 82(2), (4) and (5) shall apply correspondingly.
        (3) Insofar as the employer has discharged his duties pursuant to Part 4 of this Act, the employer may not be made liable to a fine, if employees contravene the legislative requirements concerning
        1. use of personal protective equipment,
        2. use of extraction and ventilation measures,
        3. use of protective equipment or safety measures,
        4. use of safe working methods, or
        5. certificates for cranes or fork-lift trucks.
        84. Regulations issued in pursuance of this Act may provide for penalties in the form of a fines or imprisonment of up to two years in respect of contravention of provisions in the rules and contravention of improvement or prohibition notices in pursuance of the rules. Furthermore, it may be laid down that an employer who contravenes such provisions and notices as mentioned above may be liable to a fine, even if the employer has not acted intentionally or negligently. A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such. No imprisonment shall be determined in lieu of a fine.
        85. Liability to pay a fine under sections 83 and 84, 2nd clause may not be imposed on managers, etc., cf. section 23" (Sec. 83 of the Work Environment Act).

        Legal persons: "Companies, etc. (legal persons) may incur criminal liability according to the regulations in chapter 5 of the Criminal Code. Section 83(3) shall apply correspondingly " (Sec. 86 of the Work Environment Act).

        Persons under the age of 18: "Where young persons under the age of 18 are employed in contravention of the provisions of this Act or any rules laid down in pursuance of this Act, the parents or guardian may be liable to pay a fine if the work has been carried out with their knowledge" (Sec. 87 of the Work Environment Act).

        Remarks / comments: The provisions of the Work Environment Act are enforced by criminal prosecution before the ordinary courts. Breach of the Work Environment Act may lead to a fine and, in serious cases, to imprisonment.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 82-87)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 82-87)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

      • 11.4.5 Terms of imprisonment for natural persons

        Summary / Citation: "(1) Unless a more severe penalty is prescribed by other legislation, a person shall be liable to a fine or imprisonment of up to one year where he:
        1. contravenes sections 15, 15a, 16, 17(1) and (2), 18, 19, 20(1), 20a(1), 21(1), 23, 25-34, 37(1) and (6), 38(1), 42(1), 45(1), 48(1), 63(5), 75(4), 76(1) or the European Community regulations with respect to matters covered by this Act,
        2. allows work to be carried out in contravention of Parts 9 and 10, manages or supervises such work, or carries out work in contravention of Part 9,
        3. fails to comply with an order pursuant to sections 77, 77a(1) or
        4. fails to submit information pursuant to section 22(2).
        (2) The penalty may increase to imprisonment of up to two years if the contravention has caused an accident resulting in serious personal injury or death.
        (3) When setting penalties under subsection (1), no. 1, it shall, insofar as the employer has discharged his duties pursuant to Part 4 of this Act, be considered aggravating circumstances that employees intentionally, or with gross negligence, contravene the legislative requirements concerning
        1. use of personal protective equipment,
        2. use of extraction and ventilation measures,
        3. use of protective equipment or safety measures,
        4. use of safe working methods, or
        5. certificates for cranes or fork-lift trucks.
        (4) Apart from the cases mentioned in subsection (3), when setting penalties under subsections (1) and (2), the following shall be considered aggravating circumstances:
        1. that the contravention has caused loss of life or health or brought about danger of such, without the contravention being covered by subsection (2),
        2. that an improvement notice under section 77(1) or (2) has previously been issued, or other decisions have been made by the Working Environment Authority with respect to contravention of this Act, for the same or similar conditions,
        3. that the contravention has resulted in, or was intended to result in, financial benefit for the person in question or another person, or
        4. that the contravention was committed intentionally or with gross negligence.
        (5) Specially aggravating circumstances shall apply when young persons under the age of 18 are subject to loss of life or health, or brought into danger of such, cf. subsection (4), no. 1.
        (6) If the benefits acquired through the contravention are not to be confiscated, fines and supplementary fines shall be set which take special account of the size of the benefits which were acquired or which were intended to be acquired.
        (7) Section 23 of the Danish Criminal Code concerning complicity shall apply to the liability to penalty referred to in subsections (1) and (2).
        (8) The time limits for liability to penalty shall be five years for contravention of sections 30-34, and for contravention of the regulations issued in pursuance of section 35" (Sec. 82 of the Work Environment Act).

        "(1) For contravention of sections 15, 15a, 16, 38(1), 42(1), 45(1), 48(1), and 82(1), nos. 2 and 3 an employer may be liable to pay a fine, notwithstanding that the employer has not acted intentionally or negligently, cf. however, subsection (3). A condition for the individual employer being subject to a fine is that the contravention can be attributed to one or more persons attached to the enterprise, or the enterprise as such. No imprisonment shall be determined in lieu of a fine.
        (2) When setting the fine, section 82(2), (4) and (5) shall apply correspondingly.
        (3) Insofar as the employer has discharged his duties pursuant to Part 4 of this Act, the employer may not be made liable to a fine, if employees contravene the legislative requirements concerning 1. use of personal protective equipment,
        2. use of extraction and ventilation measures,
        3. use of protective equipment or safety measures,
        4. use of safe working methods, or
        5. certificates for cranes or fork-lift trucks" (Sec. 83 of the Work Environment Act).

        Remarks / comments: The provisions of the Work Environment Act are enforced by criminal prosecution before the ordinary courts. Breach of the Work Environment Act may in serious cases lead to imprisonment. Sec. 82(1) states that unless a more severe penalty is prescribed by other legislation, a person shall be liable to a fine or imprisonment of up to one year where he contravenes various sections of the Work Environment Act. According to Sec. 82(2), the penalty may increase to imprisonment of up to two years if the contravention has caused an accident resulting in serious personal injury or death.

        • Working Environment Act (No. 1072 of 7 September 2010) (in Danish) (§§ 82, 83)

        • Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of Ministers, 2011) (p. 71-72)

        • Working Environment Act (No. 1072 of 7 September 2010) (Unoffical English version, as amended up to Act no. 1538 of 21 December 2010) (§§ 82, 83)

        Related CEACR Comments
        Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2016

References

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