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