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Occupational Safety and Health (OSH)

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Sweden - 2014

Themes

1 Description of national OSH regulatory framework
- 1.1 Description of OSH regulatory framework
  Summary/citation: The statutory foundations on occupational safety and health are laid down in the Work Environment Act (1977:1160). The purpose of the Act is to prevent illnesses and accidents in the course of employment and to otherwise achieve a sound work environment. The Work Environment Act defines the outer framework of work environment regulation in Sweden. The Act contains rules on the state of the work environment, the responsibility for the working environment, the power of the Work Environment Authority to issue provisions, inspections, stipulations on minors, local co-operation concerning the working environment, safety delegates, official supervision of compliance with the Work Environment Act, prohibitions and injunctions, penalties and contingent fines, and the right of appeal against decisions.
  
  The Work Environment Act must be viewed in conjunction with other labour legislation, such as the Working Hours Act (1982:673) and the Domestic Work Act (1970:943). The Work Environment Act is supplemented by detailed rules that are laid down by the Work Environment Authority, which has been given extensive power to issue provisions concerning the working environment. These provisions can, for example, refer to occupational exposure limit values (AFS 2011:18), use of work equipment (AFS 2006:4), workplace design (AFS 2009:2),and systematic work environment management (AFS 2001:1).
  
  The employer has the main responsibility for the work environment in Sweden, and must take all measures needed to prevent the exposure of employees to the risk of ill-health or accidents at work (Ch. 3, Sec. 2 of the Work Environment Act). The employer’s responsibility for the work environment is emphasized and amplified in Ch. 3, Sec. 2a of the Work Environment Act, which requires the employer to systematically plan, direct and control activities in such a way that the work environment of the operation will meet the requirements of work environment legislation. AFS 2001:1 contains Provisions and General Recommendations by the Work Environment Authority on Systematic Work Environment Management. This instrument contains more detailed provisions on the procedure to be followed by the employer in discharging his responsibility.
  
  The Work Environment Authority supervises the observance of the Work Environment Act and of the Provisions issued pursuant to the same. The Authority is also in certain respects tasked with ensuring compliance with the Tobacco Act (1993:581) and the Environmental Code (1998:808) with regard to certain issues relating to genetic engineering and pesticides. The Work Environment Authority ensures
  that laws and regulations are followed by inspecting, and by communicating injunctions and prohibitions. The Authority is also responsible for official statistics, providing information, responding to inquiries, and to follow developments in the area of occupational safety and health.
  Remarks / comments: The information (relevant legal texts and comments on the application of the provisions) comes from the webpage of the Swedish Work Environment Authority. For further information concerning the OSH regulatory framework in Sweden, please visit the webpage of the Swedish Work Environment Authority: http://www.av.se/inenglish/
  • The Swedish Work Environment Authority's provisions and general recommendations on occupational exposure limit values (AFS 2011:18)
  • Provisions of the Swedish Work Environment Authority on workplace design and general recommendations on the implementation of the provisions (AFS 2009:02)
  • Provisions of the Swedish Work Environment Authority on Use of Work Equipment, together with General Recommendations on implementation of the Provisions (AFS 2006:4)
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  • Environment Code (1998:808)
  • Tobacco Act (1993:581)
  • Working Hours Act (1982:673).
  • Work Environment Act (1977:1160).
  • Work Environment Ordinance (1977:1166).
  • Act (1970:943) on hours of work and other conditions of work of domestic employees
  • An Act representing the hours of work and other conditions of work of domestic employees.
  • Website of the Swedish Work Environment Authority
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
2 Scope, coverage and exclusions
- 2.1 Health and safety covers physical and psychological health
  Summary/citation: The purpose of the Work Environment Act is to prevent ill-health and accidents at work and generally to achieve a good working environment. The work conditions shall be adapted to people’s differing physical and mental aptitudes.
  Remarks / comments: The Work Environment Act covers both physical and psychological health.
  • Work Environment Act (1977:1160). (Ch. 1 §1 and Ch. 2 §1 )
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 1 §1 and Ch. 2 §1 )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  • Occupational Health Services Convention, 1985 (No. 161) Observation 2004
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014
- 2.2 Definition of worker
  Summary/citation: "The Work Environment Act is applicable to any business in which an employee performs work on behalf of the employer".
  Remarks / comments: The Work Environment Act does not contain a definition of the term “employee”. The term “employee” is not statutory defined in Sweden, but its content has been described and developed through the courts in case law and through preparatory work by the legislator. The term “employee” in the Work Environment Act should be interpreted in the same way as in other labour legislation in Sweden.
  
  The core of the provision is the term performing work for someone else. The Work Environment Act applies in principle to any activity in which an employee performs work on the behalf of the employer. As of 1 January 2009, the Work Employment Act applies in full to work performed in the household of the employer. The term “business” refers not only to permanent business, but also temporary and short-term work.
  
  Some persons are equated with employees, Ch.1, Sec. 3 of the Work Environment Act provides that for the purposes of Chapters 2–4 and 7–9, the following shall be recognised as employees: all persons undergoing education; persons required to work as the inmates of institutions; and conscripts and other persons incurring total defense duty or civil defense duty (Ch. 1, Sec. 3 of the Work Environment Act).
  • Work Environment Act (1977:1160). (Ch. 1 § 2 )
  • "KARNOV" - Swedish law collection with comments (Work Environment Act: Ch. 1 § 2)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 1 § 2 )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 2.2.1 Coverage of particular categories of workers
    Summary/citation: "The Work Environment Act is applicable to any business in which an employee performs work on behalf of the employer".
    Remarks / comments: Swedish labour is in general characterized by its uniform and extensive personal scope. Swedish labour law has largely a high level of equal treatment between different categories of employees, such as public and private sector employees and blue-and white-collar workers. The Work Environment Act applies to all work. It makes no difference whether the work in question is factory work, outdoor work, agricultural work, office work or any other kind of work. Nor does it make any difference whether the work is done under private or public auspices. Above all, the Act applies when an employer employs a worker.
    • Work Environment Act (1977:1160). (Ch.1 § 2)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
    • The Personal Scope of Labour Law and the Notion of Employee in Sweden (Author: Rönnmar, Mia) (P. 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    - 2.2.1.1 Migrant workers
      Summary/citation: For those the Swedish Migration Board grants employment in accordance with Sec. 4 of the Reception of Asylum Seekers and Others Act (1994:137), the Work Environment Act is according to Ch. 1, Sec. 4 applicable to the extent stipulated in Sec. 5 of the Reception of Asylum Seekers and Others Act (1994:137).
      • Reception of Asylum Seekers and Others Act (1994:137) (§ 5)
      • Work Environment Act (1977:1160). (Ch.1 § 4)
      • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch.1 § 4)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    - 2.2.1.2 Domestic workers
      Summary/citation: The Work Environment Act (1977:1160) applies to work performed in the household of the employer according to Sec. 8 of the Act (1970:943) on hours of work and other conditions of work of domestic employees.
      
      Remarks / comments: As of 1 January 2009, the Work Employment Act applies in full to work performed in the household of the employer. Domestic work includes, in principle, all work that is performed in and for the private household and that is needed for normal household maintenance.
      • Work Environment Act (1977:1160).
      • Act (1970:943) on hours of work and other conditions of work of domestic employees (§ 8)
      • "KARNOV" - Swedish law collection with comments (Work Environment Act: Ch. 1 § 2)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    - 2.2.1.3 Home workers
      Summary/citation: "Technology, work organization and job content shall be designed in such a way that the employee is not subjected to physical or mental strains which can lead to ill-health or accidents”.
      Remarks / comments: The provisions of the Work Environment Act and the regulations of the Swedish Work Environment Authority (“Arbetarskyddsstyrelsen”) are applicable regardless of where the work is performed. There are no specific health and safety rules that apply when the work is performed in the home of the employee. The Employer is responsible for the work, regardless of whether the work is performed at the main workplace or at another location, such as the employee´s home. However, the employee should be involved in ensuring a good working environment.
      
      • Work Environment Act (1977:1160). (Ch. 2 § 1 )
      • Computer work (home work)
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    - 2.2.1.4 Self-employed persons
      Summary/citation: "Applicable parts of the Work Environment Act and Provisions issued by the Work Environment Authority shall be valid for work done by the employer himself. The same shall apply when two or more persons engage jointly in commercial activity on their own account and without any employees being hired, but not if the activities are conducted solely by members of one and the same family. Persons carrying on commercial activities without employees, singly or together with members of their families, are obliged to comply with the Work Environment Act and Provisions issued by the Work Environment Authority concerning technical devices and substances capable of causing ill-health or accidents, and also concerning worksites common to several enterprises (“common worksites”)".
      • Work Environment Act (1977:1160). (Ch. 3 § 4 )
      • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 4 )
- 2.3 Definition of employer
  Summary/citation: "The Work Environment Act is applicable to any business in which an employee performs work on behalf of the employer” (Ch. 1, Sec. 2 of the Work Environment Act).
  
  The term “employer” is dealt with in the General Recommendations accompanying Section 1 of AFS 2001:1: " These Provisions refer to an employer in the legal sense, meaning a natural or legal person with one or more employees”.
  
  Legal persons are instanced partly with limited companies. The guidance on Section 4 of AFS 2001:1 reads: “Everyone employed in the activity is an employee. This includes managers and supervisory personnel, e.g. the managing director of a company”.
  Remarks / comments: The Work Environment Act does not contain a legal definition of the term “employer”. The term “employer” in the Work Environment Act should be interpreted in the same way as in other labour legislation in Sweden. An employer may be a legal or natural person. Legal persons include, for example, limited companies, trading partnerships, associations, foundations, municipalities and county councils. If the employer is a legal person, all workers are deemed to be employees. This also applies to managers and supervisory staff, such as the managing director of a limited company or the chief executive officer in a municipality.
  
  Persons employed in their own limited companies also count as employees. Share ownership – which, of course, can vary from one day to another – makes no difference. The State is also a legal person and a legal entity in its own right, but it is always represented by one of the national authorities or utilities. On the other hand, State activity conducted on a company basis comes under the same rules as other limited companies.
  
  The Work Environment Act does not apply to relations between a person ordering work and an independent contractor. In cases of this kind, the contractor is responsible for his employees’ working environment. He must ensure that the contract with the client affords adequate possibilities of a good working environment. There is no work environment liability for clients.
  
  There are, however, situations in which a contractor can be deemed the employee of a client. There is a long-established practice of labour law whereby the employer concept is sometimes extended so as also to include persons engaging a “dependent contractor”. Contractors of this kind are then deemed to be employees. Certain forestry workers, for example, are in practice entirely dependent on the client. Hairdressers entirely dependent on a salon proprietor have also been deemed employees. Situations of this kind must always be assessed ad hoc (Comment on Ch. 1 of the Work Environment Act).
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§§ 1 and 4 (Guidance))
  • Work Environment Act (1977:1160). (Ch. 1 § 2)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 1 § 2)
  • Companies and natural persons as employers under the Work Environment Act
- 2.4 Exclusion of branches of economic activity
  No.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  • Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Direct Request 2002
  - 2.4.1 Agriculture
    Summary/citation: The Work Environment Act applies according to Ch. 1, Sec. 2 to all work.
    Remarks / comments: The Work Environment Act applies to all work. This also includes agriculture.
    • Work Environment Act (1977:1160). (Ch.1 § 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
  - 2.4.2 Construction
    Summary/citation: The Work Environment Act applies according to Ch. 1, Sec. 2 to all work.
    Remarks / comments: The Work Environment Act applies to all work. This also includes construction.
    • Work Environment Act (1977:1160). (Ch. 1 § 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Safety and Health in Construction Convention, 1988 (No. 167) Observation 2009
    • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2014
  - 2.4.3 Services
    Summary/citation: The Work Environment Act applies according to Ch. 1, Sec. 2 to all work.
    Remarks / comments: The Work Environment Act applies to all work. This also includes services.
    • Work Environment Act (1977:1160). (Ch. 1 § 2 )
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 2.4.4 Public sector
    Summary/citation: The Work Environment Act applies according to Ch. 1, Sec. 2 to all work.
    Remarks / comments: The Work Environment Act applies according to all work. This also includes the public sector.
    • Work Environment Act (1977:1160). (Ch. 1 § 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 2.4.5 Other
    No data available.
    Related CEACR Comments
    • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2014
- 2.5 Definition of occupational accident
  Summary/citation: The purpose of the Work Environment Act is according to Ch.1, Sec. 1 of the Act to prevent ill-health and accidents at work and generally to achieve a good working environment.
  
  "An occupational accident means a physical or psychological injury as a result of a sudden accident. An accident can lead to a mild injury, or even death" (Guidance on Sec. 2 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (Guidance on § 2)
  • Work Environment Act (1977:1160). (Ch. 1 § 1)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 1 § 1)
- 2.6 Definition of occupational disease
  Summary/citation: The purpose of the Work Environment Act is according to Ch.1, Sec. 1 of the Act to prevent ill-health and accidents at work and generally to achieve a good working environment.
  
  "Ill-health can be both diseases according to medical, objective criteria, and physical and psychological disablements of various kinds which are not considered diseases in objective sense. Examples of the latter are various forms of stress reactions and problems related to heavy workload. Such conditions can lead to diseases. When determining whether a person suffers from an illness, it is important to take into consideration the strength in the experiences, the duration and the ability to function as previously" (Guidance on Sec. 2 of the Provisions of the Swedish Work Environment Authority on
  Systematic Work Environment Management).
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (Guidance on § 2)
  • Work Environment Act (1977:1160). (Ch. 1 § 2)
  - 2.6.1 List of occupational diseases
    No data available.
  - 2.6.2 Mechanism for compensating other diseases as occupational ones
    No data available.
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 competent authority for safety and health at work is the The Swedish Work Environment Authority.
  
  • Work Environment Authority (Standing Instructions) Ordinance (2007:913) (§ 1)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 1 )
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Observation 2014
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 3.1.1 Objectives, roles and/or functions
    Summary/citation: The Swedish Work Environment Authority’s objective is to reduce the risks of ill-health and accidents in the workplace and to improve the work environment.
    
    The Authority is inter alia responsible for:
    - Ensuring compliance with work environment and working hours legislation.
    
    - Issuing regulations and guidelines with the support of the legislation on Work Environment.
    
    - Monitoring developments in the area of occupational health and safety. The Authority should also monitor and promote occupational health development in collaboration with relevant agencies and organizations to monitor and promote occupational health development.
    
    - Providing official statistics.
    
    - Responding to inquiries and publish information in the area of work environment.
    • Work Environment Authority (Standing Instructions) Ordinance (2007:913) (§ 2)
  - 3.1.2 Chairperson and composition
    Summary/citation: The Authority has a Lay Board consisting of the Authority’s Director-General, who is ex officio chairman, and six other members. Meetings of the Lay Board are also attended by two employee representatives. The meetings are preceded by informal meetings together with representatives of the labour market parties.
    • Work Environment Authority (Standing Instructions) Ordinance (2007:913) (§ 8-11)
- 3.2 National OSH research programme or institute
  Remarks / comments: The Swedish National Institute for working life was closed down in July 2007. The institute carried inter alia out research in the field of labour and employment law, organization of work, musculoskeletal injuries, working environment technology, “health effects of the new working life´s psychosocial problems”, allergies, chemical hazards and toxicology. The Government´s intention is instead that this research should be carried out at universities and colleges.
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Observation 2014
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2014
  - 3.2.1 Objectives, roles and/or functions
    No data available.
  - 3.2.2 Governance board constitution and chairmanship
    No data available.
  - 3.2.3 Source of funding
    No data available.
- 3.3 National OSH programme
  Summary/citation: In autumn 2010, the Government drew up a national action plan (Skr. 2009/10:248) for work environment policy for 2010 to 2015. The aim of the action plan is to set out a policy direction for the next five years, and the plan focuses on the risks and opportunities in working life, reduced exclusion, competition and profitability, and awareness and knowledge about the work environment.
  • A new National Action Plan for Work Environment Policy for 2010 to 2015 (Skr. 2009/10:248)
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Observation 2014
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2014
  - 3.3.1 Consultation on the national OSH programme
    Remarks / comments: During the work on the national action plan, a number of consultation meetings were held with representatives of the labour market parties.
    • A new National Action Plan for Work Environment Policy for 2010 to 2015 (Skr. 2009/10:248) (P.6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
4 Employers’ duties and responsibilities to protect the safety and health of workers and others
- 4.1 Duty to ensure the health and safety of employees
  Summary/citation: "The employer shall take all the precautions necessary to prevent the employee from being exposed to health hazards or accident risks. One basic principle in this connection shall be for everything capable of leading to ill-health or accidents to be altered or replaced in such a way that the risk of ill-health or accidents is eliminated. The employer shall consider the special risk of ill-health and accidents which can be entailed by an employee working alone. Facilities, as well as machinery, implements, safety equipment and other technical devices, shall be kept in a good state of repair”(Ch. 3, Sec. 2).
  
  "The employer shall systematically plan, direct and control activities in a manner which leads to the working environment meeting the prescribed requirements for a good working environment. They shall investigate work injuries, continuously investigate the hazards of the activity shall take the measures necessary. Measures which cannot be taken immediately shall be scheduled (…)”(Ch. 3, Sec. 2a).
  • Work Environment Act (1977:1160). (Ch. 3 §§ 2 and 2a)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 §§ 2 and 2a)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 4.2 Duty to protect the health and safety of people other than their own employees
  Summary/citation: Regarding the personal scope of the Work Environment Act, pupils, prisoners (inmates of an institution) and conscripts are equated to employees when it comes to the application of most provisions of the Act. (Ch. 1, Sec. 3).
  
  For participants in employment market policy programs, participants in work placement or other professional development activities which have been assigned by the social welfare board, and those the Swedish Migration Board grants employment, the Work Environment Act is applicable to the extent stipulated in special legislation covering them (Ch. 1, Sec. 4).
  
  Furthermore, the Act partly also applies to persons working on their common account, self-employed persons and family undertakings (Ch. 3, Sec. 5).
  • Work Environment Act (1977:1160). (Ch. 1 § 3-4 and Ch. 3 § 5)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 1 § 3-4 and Ch. 3 § 5)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 4.3 Collaboration among two or more employers at the same workplace
  Summary/citation: "Those who simultaneously, or in timely connection to each other, operate activities at a common worksite, shall consult each other and jointly act in order to produce satisfactory protective conditions.Each and every one of them shall see to their own activities and provisions at the common worksite not lead to anyone who works there being exposed to risk for ill-health or accidents. Those who operate activities or work at the common worksite shall follow directions from a building work environment co-ordinator in question of building or construction work and from the person who is responsible for the co-ordination of work environment questions in general cases”.
  Remarks / comments: Those carrying on activities at a common worksite are required to co-operate with a view to achieving safe working conditions.
  • Work Environment Act (1977:1160). (Ch 3, § 7g)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 4.4 Surveillance of workers’ health in relation to work
  Summary / Citation: "The employer shall systematically plan, direct and control activities in a manner which leads to the working environment meeting the prescribed requirements for a good working environment. They shall investigate work injuries, continuously investigate the hazards of the activity shall take the measures necessary. Measures which cannot be taken immediately shall be scheduled”.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  • Work Environment Act (1977:1160). (Ch. 3, § 2a )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 4.4.1 Specific hazards for which surveillance is required
    Summary / Citation: "The employer shall systematically plan, direct and control activities in a manner which leads to the working environment meeting the prescribed requirements for a good working environment” (Ch. 3, Sec. 2a of the Work Environment Act).
    Remarks / comments: The basic idea of this stipulation is that the employer must ensure that the activities are in every way conducted so that he can honor his obligations under the Work Environment Act. It is the duty of the employer to chart risks and investigate ill-health and accidents, and also to take the measures which the charting of risks gives cause for.
    
    The employer needs to take into account all factors potentially impacting on the individual persons’ work situation (for example, noise, air quality, chemical health hazards and machinery, as well as organizational conditions such as work load, working hours, leadership, social contacts, variation and the possibility of “rest and recovery). This does not only mean things capable of negatively affecting health and safety. A good work environment contributes towards good health and means more than the absence of illnesses and accidents (Guidance on Sec. 3 of 2001:1).
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 3 (Guidance))
    • Work Environment Act (1977:1160). (Ch. 3, § 2a)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
- 4.5 Surveillance of the working environment and working practices
  Summary / Citation: "The employer shall systematically plan, direct and control activities in a manner which leads to the working environment meeting the prescribed requirements for a good working environment. They shall investigate work injuries, continuously investigate the hazards of the activity shall take the measures necessary. Measures which cannot be taken immediately shall be scheduled”.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  • Work Environment Act (1977:1160). (Ch. 3 § 2a )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 4.6 Duty to provide personal protective equipment
  Summary / Citation: "Personal protective equipment shall be used when adequate security from ill-health or accidents cannot be achieved by other means. This equipment shall be provided by the employer".
  • Work Environment Act (1977:1160). (Ch. 2 § 7)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2006
- 4.7 Duty to ensure the usage of personal protective equipment
  Summary / Citation: "The employee shall assist in work relating to the working environment and shall take part in the implementation of the measures needed in order to achieve a good working environment. He shall comply with Provisions issued and use the safety devices and exercise such other precautions as are needed for the prevention of ill-health and accidents. An employee finding that work entails an immediate and serious danger to life or health shall immediately notify the employer or a safety delegate. The employee cannot be held liable for any damage resulting from his non-performance of work pending instructions regarding its resumption".
  Remarks / comments: Under Ch. 3, Sec. 4 of the Work Environment Act, when personal protective equipment is needed, the employees are duty bound to use it. This is not to say that the employer must continuously supervise every employee to make sure that he or she does not remove helmet or protective gloves. On the other hand, the employer must have a system for systematically verifying that the equipment is used and for intervening if it is not being used.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  • Work Environment Act (1977:1160). (Ch. 3 § 4 )
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 4.8 Duty to provide first-aid and welfare facilities
  Summary / Citation: "Spaces and facilities for personal hygiene, meals and rest, as well as for first aid in connection with accidents and illness, are to be provided to the extent appropriate to the nature of the work and the needs of the employees. Further provisions concerning spaces, devices, measures of assistance and care in the event of accident or illness, and food and water for shipboard employees on board ship are contained in the Maritime Safety Act".
  • Work Environment Act (1977:1160). (Ch. 2 § 8 )
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 2 § 8 )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 4.8.1 Arrangements for first-aid
    Summary / Citation: "All workplaces must possess the preparedness and routines for first aid and crisis support needed for the specific nature, extent and risks of the activities carried out there. In planning, contacts must be made with the relevant local authorities as necessary. It must be guaranteed that workers know how first aid and crisis support are organized in the workplace. They must be kept familiar, on a continuous basis, with the routines that apply.
    
    Notices with the following information must be placed in suitable locations
    – where first aid equipment is kept,
    – which individuals are trained to administer first aid,
    – telephone numbers to emergency services and taxis, and
    - the address and directions, if necessary, for how to get to the workplace.
    
    The notice must be designed in such a way as to be easily recognizable".
    • The Swedish Work Environment Authority´s provisions on first aid and crisis support, and general recommendations for applying the provisions ( AFS 1999:07) (§ 5)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 4.8.2 Sanitary installations
    Summary / Citation: Operation and maintenance (see Sec. 114-115 of the Provisions of the Swedish Work Environment Authority on workplace design): Workplaces, work premises and personnel facilities with their appurtenant spaces shall be maintained, tidied and cleaned in a satisfactory manner for the prevention of accidents and ill health. This should be done regularly and in accordance with predetermined routines adapted to the function of the space, the frequency of its use and the activity of the workplace.The maintenance shall be such that the mechanical strength of the building or structure is not reduced. Technical devices and installations shall be maintained in such a way that they function as intended and with safety unimpaired (Sec. 114 of the Provisions of the Swedish Work Environment Authority on Workplace Design).
    
    The number of personnel facilities(wardrobe space, changing room, drying facility, washing facility, shower facility, toilet, canteen, social area, rest area, room for duty staff, waiting room and sleeping accommodation) together with their location, size and furnishing, shall be adapted to
    
    (a) the nature and duration of the work,
    (b) the number of workers regularly employed at the worksite who can normally be expected to be using the facilities simultaneously, and
    (c) distribution according to sex (Sec. 90 of the Provisions of the Swedish Work Environment Authority on Workplace Design).
    
    Washing and shower facilities (see Sec. 99-101 of the Provisions of the Swedish Work Environment Authority on Workplace Design): At worksites where the work causes dirt or perspiration, there shall be access to a shower. If more than four employees are simultaneously occupied with such working, there shall be a wash basin and shower in a special washing facility in conjunction with the changing rooms. This does not apply, however, at worksites where, having regard to the circumstances, the installation of a shower is not reasonable.However, in workplaces where the work entails an infection hazard or is done with a strong-smelling substance, allergenic substance or other substances hazardous to health, there shall always be a shower available. For such work, a wash basin and shower shall be provided in a special wash room adjoining a changing room.
    
    Toilets (see Sec. 102-103 of the Provisions of the Swedish Work Environment Authority on workplace design): Worksites shall be provided with a sufficient number of toilets for the employees working there simultaneously.
    • Provisions of the Swedish Work Environment Authority on workplace design and general recommendations on the implementation of the provisions (AFS 2009:02) (§§ 90, 99-103, 102, 103, 114 and 115)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2006
  - 4.8.3 Drinking water
    Summary / Citation: "Drinking water shall be provided in a hygienic manner and within a distance which is reasonable, having regard to the nature of the work".
    • Provisions of the Swedish Work Environment Authority on workplace design and general recommendations on the implementation of the provisions (AFS 2009:02) (§36)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2006
  - 4.8.4 Rest and eating areas
    Summary / Citation: A suitable rest facility for temporary rest, e.g. in the event of nausea or headache, shall be provided or easy to arrange at worksites. This does not apply, however, where only a few employees are occupied simultaneously. At large worksites, the resting point shall as a rule be accommodated in a special rest room (Sec. 107 of the Provisions of the Swedish Work Environment Authority on workplace design)
    
    A resting point shall be comfortable, undisturbed and large enough for rest to be taken in a recumbent position. A rest room shall be suitably furnished and equipped (Sec. 108 of the Provisions of the Swedish Work Environment Authority on workplace design).
    
    Eating area (canteen) (See Sec. 104-105 of the Provisions of the Swedish Work Environment Authority on workplace design): Employees shall be able to eat in satisfactory conditions during a meal break or mealtime. They shall normally do so in a staff restaurant, another restaurant, a canteen or a dining space. Some other suitable space will be accepted, however, in the case of pupils during their training (sec. 104 of the Provisions of the Swedish Work Environment Authority on workplace design).
    • Provisions of the Swedish Work Environment Authority on workplace design and general recommendations on the implementation of the provisions (AFS 2009:02) (§§ 104-105, § 107)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
5 Employers’ duty to organize prevention formally along generally accepted OSH management principles and practices
- 5.1 Elements of an OSH management system
  Summary/citation: The employer shall according to Ch. 3, Sec 2a of the Work Environment Act ”systematically plan, direct and control activities in a manner which leads to the working environment meeting the prescribed requirements for a good working environment. They shall investigate work injuries, continuously investigate the hazards of the activity shall take the measures necessary. Measures which cannot be taken immediately shall be scheduled.To the extent which the activity requires, the employer shall document the working environment and measures to improve the same. Action plans shall be drawn up in connection with this. Furthermore, the employer shall ensure that there is, in their activity, a suitably organized scheme of job adaptation and rehabilitation for the discharge of the duties incumbent on the employer in accordance with this Act and Chapter 30 of the Social Insurance Code”.
  Remarks / comments: The employer must conduct a continuous process of systematic work environment management, so as to ensure that ill-health and accidents are prevented and the working environment made satisfactory. This work must be integrated with the rest of the operation. Sec. 2a of the Work Environment Act is another way of saying that the employer must assume direct responsibility for work environment activities. This also includes ensuring that systematic work environment management is adequately conducted.
  
  The same Section also requires the working environment to be documented to the extent which activities demand and action plans to be drawn up. The documentation serves to facilitate the employer’s systematic management of the working environment and the participation of employees and safety delegates in that control.
  
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  • Work Environment Act (1977:1160). (Ch. 3 § 2a)
  - 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety
    Summary/citation: Systematic work environment management shall be included as a natural part of day-to-day activities. It shall comprise all physical, psychological and social conditions of importance for the work environment (sec. 3 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    
    The employer shall give the employees, safety delegates and pupil safety delegates the possibility of participating in systematic work environment management (Sec. 4 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    
    There shall be a work environment policy describing how the working conditions in the employer’s activity shall be in order for ill-health and accidents at work to be prevented and a satisfactory working environment to be achieved.There shall be routines describing how systematic work environment management shall proceed.The work environment policy and the routines shall be documented in writing if there are at least ten persons employed in the activity (Sec. 5 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    Remarks / comments: Guidance on Sec.5 regarding the work environment policy: The risks inherent in the activity are an important point of departure when framing the work environment policy. It is important that the policy should be sufficiently concrete to be followed up. For example, it can focus on concrete measures with a view to preventing accidents and enhancing the variety of work.
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§§ 3-5)
  - 5.1.2 Appointment of a person for health and safety
    Summary/citation: The employer shall allocate the tasks in the activity in such a way that one or more managers, supervisors or other employees are tasked with working for the prevention of risks at work and the achievement of a satisfactory working environment. The employer shall make sure that the persons assigned these tasks are sufficient in number and have the authority and the resources that are needed. The employer shall also make sure that they have sufficient knowledge of
    - rules with significance for the working environment,
    - physical, psychological and social conditions implying risks of accidents and ill-health,
    - measures to prevent ill-health and accidents, and
    - working conditions which contributes to a satisfactory working environment (…).
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 6)
  - 5.1.3 Written risk assessment
    Summary/citation: "The employer shall regularly investigate working conditions and assess the risks of any person being affected by ill-health or accidents at work.When changes to the activity are being planned, the employer shall assess whether the changes entail risks of ill-health or accidents which may require measurements.The risk assessment shall be documented in writing. The risk assessment shall indicate which risks are present and whether or not they are serious".
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 8 )
  - 5.1.4 Safe operating work systems and procedures
    Summary/citation: "There shall be a work environment policy describing how the working conditions in the employer’s activity shall be in order for ill-health and accidents at work to be prevented and a satisfactory working environment to be achieved. Furthermore, the shall be routines describing how systematic work environment management shall proceed. The work environment policy and the routines shall be documented in writing if there are at least ten persons employed in the activity".
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 5 )
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 5.1.5 Training and information on risks
    Summary/citation: "The employer shall make sure that the employees’ knowledge of the work and of the risks which the work entails is sufficient for ill-health and accidents to be prevented and for a satisfactory working environment to be achieved. Where the risks at work are serious there shall be written instructions for the work".
    Remarks / comments: Guidance on Sec. 7: "The employees can acquire knowledge of the working environment by taking part in special training and by occupying themselves with work environment issues in the course of their work. Even if the work in itself is not particularly risky, human errors or inappropriate handling can lead to ill-health and accidents, both to the employee herself/himself and to other personnel. If the employee does not feel her- self/himself to have sufficient knowledge of the avoidance of ill-health and accidents, it is important that he or she notify the employer about this.
    
    Employees need to know what personal protective equipment and what technical aids can be necessary at work. It is important for the employer to devote sufficient time motivating them to use the equipment and technical aids and for the employees to make use of these things.
    
    Existing knowledge often needs to be supplemented at changes in duties, working equipment, working methods, activities and organization or after prolonged absence. It is important that the employer all the time make sure that knowledge is kept up to date. It is essential for the employees to be informed in good time of alterations planned to the scope, emphasis and organization of the activity, and that they are given the opportunity of participating in the process of change. This is especially important when cut- backs and closures are pending, so that physical and mental strains at work can be prevented".
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 7)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 5.1.6 Review or assessment of the results of preventive measures
    Summary/citation: Risk assessment, measures and follow-up: ”The employer shall regularly investigate working conditions and assess the risks of any person being affected by ill-health or accidents at work. When changes to the activity are being planned, the employer shall assess whether the changes entail risks of ill-health or accidents which may require measurements. The risk assessment shall be documented in writing. The risk assessment shall indicate which risks are present and whether or not they are serious ”.
    Remarks / comments: Guidance on Sec. 8 (Survey and risk assessment): "Risks at work need to be systematically investigated and assessed. This can be done by means of daily surveys or, for example, through safety inspections, work environment inspections and other problem inventories. The employer needs to be clear about the risks prevailing, so that ill-health and accidents can be prevented. The frequency with which surveys need to be carried out will depend on the risks which the activity entails. The assessment should always result in the proposal of measures for eliminating or reducing the risks.
    The rules issued by the National Board of Occupational Safety and Health and the Swedish Work Environment Authority can supply important in- formation for the mapping and assessment of risks. Failing Provisions for a given sector, the general stipulations of the Work Environment Act apply. The assessment of risks needs to be undertaken in the light of the general experience present within the activity and the routines applied. It is important to obtain knowledge from summaries of ill-health, accidents and incidents and of previous job modification and rehabilitation measures. Information can be derived from research in the field and from general statistics, e.g. concerning work injuries".
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 8)
    Related CEACR Comments
    • Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Direct Request 2002
  - 5.1.7 Consultation with workers in health and safety
    Summary/citation: At every worksite where five or more persons are regularly employed, one or more of the employees shall be appointed as safety representatives (working environment representatives). Such representatives shall also be appointed at other worksites if working conditions so require (Ch 6, Sec. 2 of the Work Environment Act).
    
    The safety delegate represents the employees on work environment matters and shall work for a satisfactory working environment. To this end the delegate shall, within his safety area, supervise the safeguards against ill-health and accidents and compliance by the employer. The delegate shall participate in the planning of new premises, devices, work processes, working methods and work organization or alterations to existing ones, and in planning the use of substances liable to cause ill-health or accidents. Furthermore, the safety delegate shall take part in the preparation of action plans. The employer shall notify the safety delegate of any changes having a significant bearing on work environment conditions within his safety area (Ch. 6, Sec.4 of the Work Environment Act).
    • Work Environment Act (1977:1160). (Ch. 6 § 4)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 5.2 Obligation to implement a specific OSH management system or standard
  Summary/citation: Systematic work environment management shall be included as a natural part of day-to-day activities. It shall comprise all physical, psychological and social conditions of importance for the work environment.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 3)
6 Employers’ duty to ensure availability of expertise and competence in health and safety
- 6.1 OSH competence
  Summary/citation: The employer shall be responsible for the availability of the occupational health services which the working conditions require. By “occupational health services ” is meant an independent expert resource in the domains of the working environment and rehabilitation. Occupational health services shall in particular work for the prevention and elimination of health risks at workplaces, and shall have the competence to identify and describe connections between the working environment, organization, productivity and health (Ch. 3, Sec 2b of the Work Environment Act)
  Remarks / comments: The employer is also responsible for the existence of the occupational health services which working conditions require (Sec. 2 b). This responsibility includes all worksites where, under the stipulations on Systematic Workplace Management and on Job Adaptation and Rehabilitation, the provision of occupational health services can be deemed necessary. This stipulation may come into play if the right competence is not available within the employer’s own operation, or if the working environment and duties are associated with obvious risks to and strains on the employees. A definition of what is meant by “occupational health services” will also be found in Sec. 2b, together with basic requirements for the operation of occupational health services.
  • Work Environment Act (1977:1160). (Ch. 3 § 2b)
  Related CEACR Comments
  • Occupational Health Services Convention, 1985 (No. 161) Observation 2004
  • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014
  - 6.1.1 Requirement to access expert advice and/or support in health and safety
    Summary / Citation: When competence within the employer’s own activity is insufficient for systematic work environment management or for work relating to job adaption and rehabilitation, the employer shall engage occupational health services or corresponding expert assistance from outside. When occupational health service or corresponding expert assistance are engaged, they shall be sufficient in scope and shall have sufficient competence and resources for this work (Sec. 12 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 12)
    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Observation 2004
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014
    - 6.1.1.1 Qualifications of experts or professional services
      Summary / Citation: By “occupational health services ” is meant an independent expert resource in the domains of the working environment and rehabilitation. Occupational health services shall in particular work for the prevention and elimination of health risks at workplaces, and shall have the competence to identify and describe connections between the working environment, organization, productivity and health.
      Remarks / comments: The meaning of occupational health services according to the guidance under sec. 12 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management: Ch. 3, Sec. 2c of the Work Environment Act defines occupational health services as an independent expert resource in the domains of the working environment and rehabilitation. It shall have the competence to identify and describe connections between the working environment, organization, productivity and health. Accordingly, occupational health services require a broad knowledge, for example, of work organization, behavioral science, ergonomics, medicine, rehabilitation and technology.
      
      Occupational health services can be outsourced or arranged as an independent part of the activities of the undertaking. It is important that they hold a neutral position in relation to the labour market parties. It is essential that employees and safety delegates should be given the opportunity of participating in the procurement of occupational health services and in decision-making on the structuring and discharge of the assignment. Questions concerning occupational health services are discussed within the safety committee.
      • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 12)
      • Work Environment Act (1977:1160). (Ch. 3 § 2c)
      Related CEACR Comments
      • Occupational Health Services Convention, 1985 (No. 161) Observation 2004
      • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2014
- 6.2 Appointment of an OSH practitioner
  Summary/citation: "When competence within the employer’s own activity is insufficient for systematic work environment management or for work relating to job adaption and rehabilitation, the employer shall engage occupational health services or corresponding expert assistance from outside.When occupational health service or corresponding expert assistance are engaged, they shall be sufficient in scope and shall have sufficient competence and resources for this work. In addition, the stipulations in Appendix 2 shall be fulfilled" (Sec.12 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
  
  "The employer shall make sure that the occupational health services or corresponding outside expert assistance engaged as provided in Sec. 12 receive information concerning the factors affecting or suspected of affecting the employees’ health and safety; have access to information concerning current work environment risks, preventive measures, and the measures taken to appoint, train, and equip the employees needed to carry out first aid, fire-fighting and evacuation. The information shall concern both the activity as a whole and each individual workplace or each individual job"(Appendix 2 of the Swedish Work Environment Authority on Systematic Work Environment Management).
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  Related CEACR Comments
  • Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Direct Request 2002
  - 6.2.1 Workforce size threshold for the appointment of OSH practitioners
    Summary/citation: "When competence within the employer’s own activity is insufficient for systematic work environment management or for work relating to job adaption and rehabilitation, the employer shall engage occupational health services or corresponding expert assistance from outside" (Sec. 12 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    Remarks / comments: The Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management does not contain any provisions on workforce size threshold for the appointment of OSH practitioners.
    
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 12)
7 Workers' rights and duties
- 7.1 Duty to take reasonable steps to protect their own safety and health
  Summary / Citation: "The employee shall assist in work relating to the working environment and shall take part in the implementation of the measures needed in order to achieve a good working environment. He shall comply with Provisions issued and use the safety devices and exercise such other precautions as are needed for the prevention of ill-health and accidents. An employee finding that work entails an immediate and serious danger to life or health shall immediately notify the employer or a safety delegate. The employee cannot be held liable for any damage resulting from his non-performance of work pending instructions regarding its resumption".
  
  • Work Environment Act (1977:1160). (Ch. 3 § 4)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 4)
- 7.2 Duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: "The employee shall assist in work relating to the working environment and shall take part in the implementation of the measures needed in order to achieve a good working environment. He shall comply with Provisions issued and use the safety devices and exercise such other precautions as are needed for the prevention of ill-health and accidents. An employee finding that work entails an immediate and serious danger to life or health shall immediately notify the employer or a safety delegate. The employee cannot be held liable for any damage resulting from his non-performance of work pending instructions regarding its resumption".
  
  Remarks / comments: The employees have to take part in the promotion of a good working environment and in the measures which the achievement of such an environment demands. They must comply with current Provisions issued and make use of safety devices. They must also observe the other precautions necessary for the avoidance of ill-health and accidents.
  • Work Environment Act (1977:1160). (Ch. 3 § 4)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 4)
- 7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: "The employer shall allocate the tasks in the activity in such a way that one or more managers, supervisors or other employees are tasked with working for the prevention of risks at work and the achievement of a satisfactory working environment. The employer shall make sure that the persons assigned these tasks are sufficient in number and have the authority and the resources that are needed. The employer shall also make sure that they have sufficient knowledge of rules with significance for the working environment; physical, psychological and social conditions implying risks of accidents and ill-health; measures to prevent ill-health and accidents; and working conditions which contributes to a satisfactory working environment. The employer shall make sure that those assigned the tasks have sufficient competence for the conduct of a well-functioning systematic work environment management. The allocation of tasks shall be documented in writing if there are at least ten persons employed in the activity”.
  Remarks / comments: Guidance on Sec. 6: "The employer always retains his responsibility for the working environment, even if different tasks of work environment management have been distributed. The employer needs to continuously ascertain that the allocation of tasks is working well and to make changes in the allocation when necessary.
  
  The allocation of tasks does not mean that the person receiving tasks will be automatically punished in the event of a work accident or a work-related illness. Thus it does not mean that the employer can decide who is to be punished, for example, if there is an accident. That liability is decided by a court of law. If an accident leads to prosecution and court proceedings, the court’s assessment can to a great extent hinge on whether the accused had sufficient knowledge, powers and resources for his or her tasks".
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 6)
- 7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others
  Summary / Citation: "The employer shall allocate the tasks in the activity in such a way that one or more managers, supervisors or other employees are tasked with working for the prevention of risks at work and the achievement of a satisfactory working environment. The employer shall make sure that the persons assigned these tasks are sufficient in number and have the authority and the resources that are needed. The employer shall also make sure that they have sufficient knowledge of rules with significance for the working environment; physical, psychological and social conditions implying risks of accidents and ill-health; measures to prevent ill-health and accidents; and working conditions which contributes to a satisfactory working environment. The employer shall make sure that those assigned the tasks have sufficient competence for the conduct of a well-functioning systematic work environment management. The allocation of tasks shall be documented in writing if there are at least ten persons employed in the activity”.
  Remarks / comments: Guidance on Sec. 6: The employer always retains his responsibility for the working environment, even if different tasks of work environment management have been distributed.
  
  Managers and supervisory personnel need to know the stipulations existing in this field and how to apply them within the activity. Rules with a bearing on the working environment mainly comprise the Work Environment Act, the Work Environment Ordinance and Provisions issued by the National Board of Occupational Safety and Health and the Work Environment Authority. The Provisions on Systematic Work Environment Management are fundamental, describing as they do how the employer is to approach the working environment. Measures which the employer can take for the prevention of ill-health and accidents are also indicated by other Provisions on the work environment. Collective agreements applying to the activity may also include rules with a bearing on the working environment.
  
  Managers and supervisory personnel should be capable of taking measures of the same level as their personnel and work supervision responsibilities, e.g. providing introduction and instructions, clarify tasks, assisting with the prioritization of employees’ duties and providing support and feedback.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 6)
- 7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety
  Summary / Citation: "Applicable parts of the Work Environment Act and Provisions issued by authority of the same shall be valid for work done by the employer himself. The same shall apply when two or more persons engage jointly in commercial activity on their own account and without any employees being hired, but not if the activities are conducted solely by members of one and the same family. Persons carrying on commercial activities without employees, singly or together with members of their families, are obliged to comply with the Work Environment Act and with Provisions by authority of the same concerning technical devices and substances capable of causing ill-health or accidents, and also concerning worksites common to several enterprises (“common worksites”)".
  Remarks / comments: In principle, the Work Environment Act also applies to work done by entrepreneurs personally. It is important that an employer, through his work, should not constitute a risk to the employees working in close proximity to him. He must also set a good example to the employees. Accordingly, Ch. 3, Sec. 5 (1) requires employers to comply with applicable parts of the Work Environment Act and the Provisions issued by the National Board of Occupational Safety and Health and the Work Environment Authority. The expression “ applicable parts” shows that there is no need to comply with the Work Environment Act in every respect. Provisions not needing to be complied with include, for example, that of Chap. 2, Section 1, stipulating that employees be allowed to take part in the design of work. The same applies to the stipulations of Chap. 3, Section 3 concerning instructions and job adaptation. This passage again states that its obligations only apply in relation to the employees. The employer, then, need not provide personnel facilities or instructions for himself. On the other hand a farmer, for example, may not have an open tractor without a roll-over protection structure, which he drives himself while the tractor driven by the employees has a cab.
  • Work Environment Act (1977:1160). (Ch. 3 § 5)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 5)
- 7.6 Duty to comply with OSH-related requirements
  Summary / Citation: The employer has the main responsibility for the working environment, but the employee shall also comply with Provisions issued and use the safety devices and exercise such other precautions as are needed for the prevention of ill-health and accidents.
  Restrictions / obligations: If an employer or some other party with a safety obligation fails to comply with an injunction or prohibition, this can lead to a penalty in the form of a fine or imprisonment according to Ch. 7, Sec. 1 of the Work Environment Act.
  • Work Environment Act (1977:1160). (Ch. 3 §§1-2a and Ch. 2 §4)
- 7.7 Right to enquire about risks and preventive measures
  Summary / Citation: The employer shall according to Sec. 7 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, "make sure that the employees’ knowledge of the work and of the risks which the work entails is sufficient for ill-health and accidents to be prevented and for a satisfactory working environment to be achieved. Where the risks at work are serious there shall be written instructions for the work".
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 7)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 7.8 Right to remove themselves from a dangerous situation
  Summary / Citation: "The employee shall assist in work relating to the working environment and shall take part in the implementation of the measures needed in order to achieve a good working environment. He shall comply with Provisions issued and use the safety devices and exercise such other precautions as are needed for the prevention of ill-health and accidents. An employee finding that work entails an immediate and serious danger to life or health shall immediately notify the employer or a safety delegate. The employee cannot be held liable for any damage resulting from his non-performance of work pending instructions regarding its resumption".
  • Work Environment Act (1977:1160). (Ch. 3 § 4)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 4)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 7.9 Right to be reassigned to non-hazard work
  Summary / Citation: "Working conditions shall be adapted to people’s differing physical and mental aptitudes.The employee shall be given the opportunity of participating in the design of his own working situation and in processes of change and development affecting his own work. Technology, work organization and job content shall be designed in such a way that the employee is not subjected to physical or mental strains which can lead to ill-health or accidents".
  • Work Environment Act (1977:1160). (Ch. 2 § 1)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 2 § 1)
  - 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
- 8.1 National OSH committee, commission, council or similar body
  Remarks / comments: The Work Environment Act does not contain any provisions concerning "a national OSH committee, commission, council or similar body".
  • Work Environment Act (1977:1160).
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
  Related CEACR Comments
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Observation 2014
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) Direct Request 2014
  - 8.1.1 Objectives, roles and/or functions
    No data available.
  - 8.1.2 Constitution and chairmanship modalities
    No data available.
- 8.2 Employers’ duty to consult workers on risks
  Summary / Citation: An employer shall according to Sec. 12 of the Work Environment Ordinance "inform a safety delegate, a safety committee or an employees’ association of any application for permission to carry on environmentally hazardous activity or notification of such activity as provided in the Environmentally Hazardous Activity and Health Protection Ordinance (1998:899)".
  
  The employer shall also according to Ch. 3, Sec. 3 of the Work Environment Act "ensure that the employee acquires a sound knowledge of the conditions in which work is conducted and that he is informed of the hazards which the work may entail. The employer shall make sure that the employee has received the training necessary and that he knows what measures shall be taken for the avoidance of risks in the work".
  • Work Environment Act (1977:1160). (Ch. 3 § 3)
  • Work Environment Ordinance (1977:1166). (§ 12)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 8.3 Workers’ right to select their representatives for health and safety matters
  Summary / Citation: "At every worksite where five or more persons are regularly employed, one or more of the employees shall be appointed as safety representatives (working environment representatives). Such representatives shall also be appointed at other worksites if working conditions so require. Safety representatives shall be appointed by a local trade union organization which currently or customarily has a collective agreement with the employer. In the absence of such an organization, safety representatives shall be appointed by the employees" (Ch. 6, Sec. 2 of the Work Environment Act).
  • Work Environment Act (1977:1160). (Ch. 6 § 2 )
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 2 )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.3.1 Workforce size conditions for workers’ representation in health and safety
    Summary / Citation: "At every worksite where five or more persons are regularly employed, one or more of the employees shall be appointed as safety representatives (working environment representatives). Such representatives shall also be appointed at other worksites if working conditions so require".
    • Work Environment Act (1977:1160). (Ch. 6 § 2 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 2 )
  - 8.3.2 Conditions of eligibility to represent workers in health and safety
    Summary / Citation: "Safety delegates and their deputies shall be appointed for a period of three years, unless exceptions are necessitated by conditions of employment or other circumstances.The safety delegates appointed shall be persons with insight and interest in questions concerning the working environment. A safety delegate shall be closely familiar with working conditions in his safety area. The number of safety delegates appointed shall be determined according to the size of the worksite, the nature of the work and the working conditions. If there is doubt among the employees concerning the number of safety delegates who should be appointed at a worksite or concerning the division of a worksite into safety areas, the employer and the Work Environment Authority should be consulted before elections are held. If a worksite comprises several departments, a safety delegate should be appointed for each department or group of departments involving similar work. If work is done in shifts, shift teams with several employees should have a safety delegate among the employees in each shift".
    • The Work Environment Ordinance (1977:1166) (§ 6)
    • Work Environment Ordinance (1977:1166). (§ 6)
- 8.4 OSH representatives’ functions, rights and powers
  Summary / Citation: "The safety delegate shall participate in the planning of new premises, devices, work processes, working methods and work organization or alterations to existing ones, and in planning the use of substances liable to cause ill-health or accidents. Furthermore, the safety delegate shall take part in the preparation of action plans".
  Remarks / comments: Safety delegates represent employees in matters relating to the working environment. Among other things, they have to take part in the planning of new or altered facilities, devices, work processes and working methods and in the planning of work organization. They are also to take part in the preparation of action plans and are to monitor the employer’s fulfillment of the requirements concerning systematic work environment management.
  • Work Environment Act (1977:1160). (Ch. 6 § 4)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 4)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.4.1 Right to inspect the workplace
    Summary / Citation: "Regular supervision by the safety delegates shall be carried out at every worksite in the form of a safety inspection tour".
    • Work Environment Ordinance (1977:1166). (§ 7)
  - 8.4.2 Right to access OSH information
    Summary / Citation: "A safety delegate is entitled to read such documents and to obtain such other information as is relevant to his duties".
    • Work Environment Act (1977:1160). (Ch. 6 § 6)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.4.3 Right to be present at interviews
    No data available.
  - 8.4.4 Right to receive professional assistance from OSH experts
    No data available.
  - 8.4.5 Right to accompany inspectors
    No data available.
  - 8.4.6 Right to use facilities
    No data available.
  - 8.4.7 Right to have time off work with pay to perform duties
    Summary / Citation: "Safety delegates referred are entitled to leave of absence required for the performance of their duties. Such leave of absence shall not be prejudicial to remuneration or other benefits".
    
    Remarks / comments: The safety delegates are entitled to the necessary time off for their assignment. During this time off they retain their wages and other benefits from the employer.
    • Work Environment Act (1977:1160). (Ch. 6 § 5)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 5)
  - 8.4.8 Right to issue remedial notices
    Remarks / comments: A safety delegate who is of the opinion that there is a deficiency in the working environment can request remedial action by the employer. Safety officers may request certain measures in order to achieve a satisfactory work environment for employees at the workplace and for hired personnel. The employer must then reply promptly in the matter. If no satisfactory reply is received within a reasonable time, the delegate can turn to the Work Environment Authority and request an injunction or prohibition. The Work Environment Authority must make a special written decision in response to such a request. The decision may mean the Authority issuing a prohibition or injunction or deciding not to intervene. In both cases, the decision can be appealed by the dissatisfied party.
    • Work Environment Act (1977:1160). (Ch. 6 § 6a)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 6a)
  - 8.4.9 Right to resolve OSH issues in consultation with employers
    Summary / Citation: "If a safety representative is of the opinion that measures need to be taken in order to achieve a satisfactory working environment; they shall approach the employer and request. The safety representative can also request that a specific investigation be carried out to verify conditions within the safety area. The employer shall immediately give the safety representative written confirmation of having received the request. The employer shall reply to the request without delay. If they fail to do so or if the request is not taken into consideration within a reasonable time, the Work Environment Authority shall, so demanding, consider whether an injunction or prohibition is to be issued".
    • Work Environment Act (1977:1160). (Ch. 6 § 6a )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 6a )
  - 8.4.10 Right to direct that dangerous work cease
    Summary / Citation: "If a particular job involves immediate and serious danger to the life or health of an employee and if no immediate remedy can be obtained through representations to the employer, the safety representative may order the suspension of work pending a decision by the Work Environment Authority".
    Remarks / comments: All safety delegates are entitled to suspend work within their safety area even if another safety delegate is of a different opinion. This means that a regional safety delegate can also suspend work. This, however, is conditional on there being no safety committee, because otherwise a regional safety delegate has no authority at the worksite. In addition, the organization which appointed the regional delegate must have at least one member at the worksite.
    
    • Work Environment Act (1977:1160). (Ch. 6 § 7 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 7 )
- 8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace
  Summary / Citation: For small worksites there is a system of so-called regional safety delegates. In the absence of a safety committee, union branches can appoint safety delegates who are not employed at the worksite concerned (Ch. 6, Sec. 2, subsection three of the Work Environment Act).
  
  All safety delegates are entitled to suspend work within their safety area even if another safety delegate is of a different opinion (Ch. 6, sec. 7 of the Work Environment Act).
  
  Remarks / comments: Regional safety delegates can exist parallel to local safety delegates and have the same powers as the latter. Usually they cover many different worksites in a particular branch of activity, but their assignment can also be limited to one or a few worksites. It is the organisation appointing the delegate which decides the area which he or she is to cover.
  
  A regional safety delegate can suspend work. This, however, is conditional on there being no safety committee, because otherwise a regional safety delegate has no authority at the worksite. In addition, the organization which appointed the regional delegate must have at least one member at the worksite.
  • Work Environment Act (1977:1160). (Ch. 6 §§ 2 and 7)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 §§ 2 and 7)
  - 8.5.1 Right to enter the workplace
    Summary / Citation: "Safety delegates must not be impeded in the discharge of their duties. If a safety delegate represents an employee working at a worksite over which that employee’s employer has not control, it is the duty of the employer controlling the worksite to grant the safety delegate admittance there to the extent necessary for the discharge of the delegate’s duties".
    
    Remarks / comments: Regional safety delegates can exist parallel to local safety delegates and have the same powers as the latter.
    
    Regarding "common worksites": The provision empowers a safety delegate to enter a worksite even if he does not represent the employees of the employer by whom the worksite is controlled. This is conditional on the delegate representing some other employees who are working there, e.g. employees carrying out transport operations to and from the worksite or doing various kinds of contract work there. The right to damages in the event of any person obstructing the safety delegate also applies to cases of this kind.
    • Work Environment Act (1977:1160). (Ch. 6 § 10 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 10 )
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.5.2 Right to investigate suspected non-compliance with OSH legislation
    Summary / Citation: "The safety representative can request that a specific investigation be carried out to verify conditions within the safety area".
    Remarks / comments: Regional safety delegates can exist parallel to local safety delegates and have the same powers as the latter.
    • Work Environment Act (1977:1160). (Ch. 6 § 6a)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 6a)
  - 8.5.3 Right to consult with workers
    No data available.
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.5.4 Right to advise workers
    No data available.
  - 8.5.5 Right to initiate enforcement action
    Summary / Citation: "If a particular job involves immediate and serious danger to the life or health of an employee and if no immediate remedy can be obtained through representations to the employer, the safety representative may order the suspension of work pending a decision by the Work Environment Authority".
    Remarks / comments: Regional safety delegates can exist parallel to local safety delegates and have the same powers as the latter.
    • Work Environment Act (1977:1160). (Ch. 6 § 7 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 7 )
- 8.6 Joint OSH Committee
  Summary / Citation: "A safety committee consisting of representatives of the employer and of the employees shall be appointed at every worksite where fifty or more persons are regularly employed. A safety committee shall also be appointed at worksites with fewer employees, if requested by the employees".
  • Work Environment Act (1977:1160). (Ch. 6 § 8 )
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 8 )
  - 8.6.1 Participation of workers’ representatives in joint OSH committee
    Summary / Citation: "A safety committee consisting of representatives of the employer and of the employees shall be appointed at every worksite where fifty or more persons are regularly employed.The employees’ representatives are appointed in the first instance by a local union organization with a collective agreement. If no such organization exists, the representatives shall be appointed by the employees".
    • Work Environment Act (1977:1160). (Ch. 6 § 8 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 8 )
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.6.2 Conditions for establishing a joint OSH committee
    Summary / Citation: "A safety committee consisting of representatives of the employer and of the employees shall be appointed at every worksite where fifty or more persons are regularly employed. A safety committee shall also be appointed at worksites with fewer employees, if requested by the employees" (Ch. 6, Sec. 8 of the Work Environment Act).
    
    "The number of members constituting a safety committee shall be determined according to the number of persons employed at the worksite, the nature of the work and working conditions there. If possible, one of the members shall occupy managerial or comparable status. The committee should also include a member of the executive committee of a local employees’ association. It shall also include one or more safety delegates. The chairman and secretary of the safety committee are to be appointed by the employer, unless otherwise agreed" (Sec. 8 of the Work Environment Ordinance).
    • Work Environment Act (1977:1160). (Ch. 6 § 8)
    • The Work Environment Ordinance (1977:1166) (§ 8 )
    • Work Environment Ordinance (1977:1166). (§ 8 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 8)
  - 8.6.3 Objectives, roles and/or functions of joint OSH committees
    Summary / Citation: "The safety committee shall participate in the planning of work environment measures at the worksite and observe their implementation. It shall maintain close observations of the development of questions relating to protection against ill-health and accidents and is to promote satisfactory work environment conditions. A safety committee on board ship shall further verify that the vessel has the manning enjoined by orders or prescriptions. The safety committee shall consider questions concerning
    1. occupational health services,
    2. action plans
    3. the planning of new or altered facilities, devices, work processes and working methods and of work organization,
    4. planning of the use of substances liable to cause ill-health or accidents,
    5. information and education concerning the working environment,
    6. job adaptation and rehabilitation activities at the worksite".
    • Work Environment Act (1977:1160). (Ch. 6 § 9)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 9)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 8.6.4 Keeping record of the work of joint OSH committees
    No data available.
  - 8.6.5 Sharing the minutes of joint OSH committees meetings
    No data available.
- 8.7 Mandatory training for members of joint OSH committee(s)
  Summary / Citation: "Employer and employees are jointly responsible for safety delegates being given the requisite training".
  • Work Environment Act (1977:1160). (Ch. 6 § 4)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 4)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 8.8 Protection against reprisals
  Summary / Citation: "A safety delegate must not be given inferior working conditions or conditions of employment by reason of his/her appointment. On the termination of his/her appointment, the safety delegate shall be assured of working conditions and conditions of employment identical or equivalent to those which he/she would have had if he/she had never held his appointment".
  • Work Environment Act (1977:1160). (Ch. 6 § 10 )
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 6 § 10 )
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties
  No data available.
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
9 Specific hazards or risks
- 9.1 Biological hazards
  Summary / Citation: The Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks, apply to activity involving the use of biological agents. They also apply to other activity in which there are risks to health or safety which may be caused by biological agents at work (Sec. 1 of the Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks).
  
  The definition of “biological agents” (biological hazards) is according to Sec. 3 of the Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risk, "agents/influential factors of the following kinds:
  
  (a) micro-organisms, i.e. micro-biological entities capable of replication or of transferring genetic material,
  (b) cell cultures of multicellular organisms,
  (c) inferior replicable entities, such as viruses and prions,
  (d) human endoparasites and
  (e) components of or substances produced from agents as per (a) to (d) when occurring in conjunction with those agents".
  • Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks, together with General Recommendations on the implementation of the Provisions (AFS 2005:1) (§§ 1 and 3)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 9.2 Chemical hazards
  Summary / Citation: The purpose of the Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Work Environment is to stipulate how ill-health or accidents caused by chemical hazards in an activity shall be prevented (Sec. 1 of the Chemical Hazards in the Working Environment).
  
  "The definition of a “chemical hazard” is a chemical substance or several chemical substances together which can cause ill-health or accidents through
  -properties which make it hazardous to health,
  - its properties when it depends on the way in which the substances are used or occur,
  - its temperature,
  - reducing the level of oxygen in the air or
  - increasing the risk of fire, explosion or other hazardous chemical reaction" (Sec. 4 of the Chemical Hazards in the Working Environment).
  
  • Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment (AFS 2011:19) (§§ 1 and 4)
  - 9.2.1 Handling, storage, labelling and use
    Summary / Citation: Microbiological Work Environment Risks – Infection, Toxigenic Effect, Hypersensitivity: Decontamination shall be carried out to the extent necessary in order to prevent biological agents causing ill-health (sec. 10 of the Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks). Waste and other contaminated material shall be handled and transferred in accordance with predefined routines, in such a way that risks to health are avoided (Sec. 11 of the Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks).
    
    Chemical Hazards in the Working Environment: The handling and safety instructions as well as other routines needed for the activity conducted at the workplace shall be determined. They shall be in writing, unless it is a matter of simple handling where the risks can easily be realized (Sec. 11 of the Provisions of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment). Packaging, containers and pipelines holding a chemical hazard shall be labelled with the particulars necessary for clearly identifying the contents and the risks associated with them (Sec. 18 of the Provisions of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment). Chemical hazards shall be stored in such a way that risks of ill- health and accidents are prevented (Sec. 21 of the Provisions of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment).
    
    • Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment (AFS 2011:19) (§§ 11, 18 and 21-22)
    • Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks, together with General Recommendations on the implementation of the Provisions (AFS 2005:1) (§§ 10-11)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Chemicals Convention, 1990 (No. 170) Direct Request 2014
  - 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users
    Summary / Citation: Activities which manufacture, import or use chemical substances or preparations shall also comply with the stipulations in Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (the REACH Regulation). According to the regulation, manufacturers, importers and downstream users are obliged to keep all information necessary for the implementation of the regulation for ten years and in certain cases also produce a chemical safety report (Section 3 of the Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment).
    • Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment (AFS 2011:19) (§ 3)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Chemicals Convention, 1990 (No. 170) Direct Request 2014
  - 9.2.3 Pesticides
    Summary / Citation: The Provisions of the Swedish National Board of Occupational Safety and Health on Pesticides apply to work with such products, under Ch. 15, Sec. 5 of the Environmental Code, as are to be deemed chemical pesticides. The Provisions also apply to work with products which are closely allied to pesticides and for which the National Chemicals Inspectorate, by authority of Sec. 2 of the Pesticides Ordinance (SFS 1998:947), has prescribed that the Provisions of the Swedish National Board of Occupational Safety and Health on Pesticides shall apply (…) (Sec. 1 of the Provisions of the Swedish National Board of Occupational Safety and Health on Pesticides).
    • Pesticides Ordinance (SFS 1998:947) (§ 2)
    • Environment Code (1998:808) (Ch. 15 § 5)
    • Provisions of the Swedish National Board of Occupational Safety and Health on Pesticides together with General Recommendations on the implementation of the Provisions (AFS 1998:6) (§ 1)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
- 9.3 Ergonomic hazards
  Summary / Citation: The purpose of the Provisions and General Recommendations of the Swedish Work Environment Authority on Ergonomic is to design and arrange work places in such a way that hazardous or unnecessarily fatiguing physical loads are prevented.
  • Provisions of the Swedish Work Environment Authority on Ergonomic, and general recommendations on implementation of the provisions (AFS 2012:02) (§ 1)
  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
- 9.4 Physical hazards
  Summary / Citation: Systematic work environment management shall comprise all physical, psychological and social conditions of importance for the work environment (Sec. 3 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 3)
  - 9.4.1 Ionising radiation
    Summary / Citation: The Work Environment plan shall contain work which exposes the workers to ionising radiation requiring the designation of controlled or supervised areas as provided in the Provisions of the National Institute for Radiation Protection (SSMFS 2008:51 ) on the categorization of workers and worksites in connection with activity with ionising radiation (sec. 12 a of the Provisions on Safety and Health on Building and Civil
    Engineering Work).
    Remarks / comments: The Swedish Radiation Protection Institute/Radiation Safety Authority has rules on dose limits and has also issued provisions on medical examinations for work involving ionising radiation. Damage to the nervous system, bloodforming organs, skin and mucous membranes, and cancer and foetal injuries are all well-known risks from high exposure levels. However, current exposure levels within the annual dose limits cannot, for example, be traced in the blood – instead the purpose of the medical examination is preventive, as well as to determine whether the individual employee’s state of health could be an impediment to work. The scope of the examinations is exhaustively described in the Radiation Protection Institute’s/Radiation Safety Authority’s provisions and in the comments that accompany them. Pregnant women have the right to be transferred to work without ionising radiation during their pregnancy.
    • The Swedish Radiation Safety Authority’s regulations concerning basic provisions for the protection of workers and the general public in practices involving ionising radiation (SSMFS 2008:51)
    • The Swedish Work Environment Authority`s provisions on occupational medical supervision general recommendations for applying the provisions (AFS 2005:6)
    • Provisions on Safety and Health on Building and Civil Engineering Work, together with General Recommendations on the implementation of the Provisions (AFS 1999:3) (§ 12a)
    Related CEACR Comments
    • Radiation Protection Convention, 1960 (No. 115) Observation 2005
    • Radiation Protection Convention, 1960 (No. 115) Direct Request 2015
  - 9.4.2 Vibration and noise
    Summary / Citation: The Provisions of the Swedish Work Environment Authority on Noise (AFS 2005:16) apply to businesses where someone can be exposed to Noise at work (Sec. 1). The work shall be planned, conducted and followed up so that risks arising from exposure to noise are eliminated by reducing the source to lowest possible level or eliminating it (Sec. 4).
    
    The Provisions of the Swedish Work Environment Authority on Vibrations (AFS 2005:15) apply to businesses where someone can be exposed to vibrations at work (Sec. 1). The work shall be planned, conducted and followed up so that risks arising from exposure to vibrations are eliminated by reducing the source to lowest possible level or eliminating it (Sec. 3).
    • Provisions of the Swedish Work Environment Authority on Noise, together with General Recommendations on implementation of the Provisions ( AFS 2005:16) (§§ 1 and 4)
    • Provisions of the Swedish Work Environment Authority on Vibrations, together with General Recommendations on implementation of the Provisions (AFS 2005:15) (§§ 1 and 3)
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2006
    • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2014
  - 9.4.3 Working at height
    Summary / Citation: The work must be planned, organized and conducted so that accidents due to falls are prevented (Sec. 2 of the Ordinance of the Swedish National Board of Occupational Safety and Health containing provisions on protection against injury due to falls).
    
    When using a ladder, the ladder may only be used as an access route and for brief work from the ladder. Work from a ladder may only take place if the risks associated with using a ladder are so small that other and safer equipment is not justified (Sec. 11 of the Provisions of the Swedish Work Environment Authority on Ladders and Trestles).
    
    The Provisions of the Swedish Work Environment Authority on Scaffolds contain rules on the use of scaffolds and weather protections (Sec. 2). "Scaffolds shall be equipped with safety rails where there are risks of falling two meters or more. Where there are particular risks, there should be safety rails even at a lower heights"(Sec. 28 of the Provisions of the Swedish Work Environment Authority on Scaffolds).
    
    Regarding the use of work equipment at height Annex B (B.4.1.1) provides that "if temporary work at levels above ground or floor level or other work at height cannot be done safely from a suitable surface and in ergonomically appropriate conditions, the work equipment shall be chosen by which safe working conditions are best guaranteed and sustained (...)" (Sec. 11, Annex B, B 4.1.1 of the Provisions of the Swedish Work Environment Authority on Use of Work Equipment).
    
    Provisions of the Swedish Work Environment Authority on Use of Lifting Devices and Lifting Accessories provide that "working conditions shall be investigated and the hazards assessed when lifting devices and lifting accessories are to be used" (Sec.3). "Personal fall restraint equipment shall be used if needed for safe access to the various parts of the lifting device or if there is a risk of the lifting device being run into by another device or vehicle" (Sec. 15 of the Provisions of the Swedish Work Environment Authority on Use of Lifting Devices and Lifting Accessories).
    
    The Provisions of the Swedish National Board of Occupational Safety and Health on Building and Civil Engineering Work apply to the planning and conduct of building or civil engineering work. They also apply to project preparation and design of building or civil engineering work in so far as this affects health and safety conditions (the work environment) for the persons doing the work (Sec. 1 of the Provisions of the Swedish National Board of Occupational Safety and Health on Building and Civil Engineering Work).
    • Provisions of the Swedish Work Environment Authority on Scaffolds, together with General Recommendations on implementation of the Provisions (AFS 2013:04) (enter into force 1 July 2014, § 11, and parts of § 47 shall enter into force on 1 January 2016) (§ 28 )
    • Provisions of the Swedish Work Environment Authority on Use of Work Equipment, together with General Recommendations on implementation of the Provisions (AFS 2006:4) (§11, Annex B (B. 4.1.1))
    • Provisions of the Swedish Work Environment Authority on Use of Lifting Devices and Lifting Accessories, together with General Recommendations on implementation of the Provisions (AFS 2006:6) (§ 3)
    • Provisions of the Swedish Work Environment Authority on Ladders and Trestles, together with General Recommendations on implementation of the Provisions (AFS 2004:3) (§ 11)
    • Provisions on Safety and Health on Building and Civil Engineering Work, together with General Recommendations on the implementation of the Provisions (AFS 1999:3) (§ 1)
    • Ordinance of the Swedish National Board of Occupational Safety and Health containing Provisions on Protection against Injury Due to Falls,together with General Recommendations on the implementation of the Provisions (AFS 1981:14) (§ 2)
  - 9.4.4 Working in confined spaces
    Summary / Citation: "The General Recommendations apply to all work in confined spaces and are intended as a general description of risks and preventive measures in that connection. There are certain types of work for which the Swedish National Board of Occupational Safety and Health has issued special rules".
    • General Recommendations of the Swedish National Board of Occupational Safety and Health on Work in Confined Spaces (AFS 1993:3) (1 (General background))
  - 9.4.5 Risks arising from poor maintenance of workplace facilities
    No data available.
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2006
  - 9.4.6 Exposure to extreme temperatures
    Summary / Citation: The Provisions of the Swedish Work Environment Authority on Work in Extreme Temperatures apply to indoor or outdoor work that can be harmful due to heat. The Provisions do not apply to work where this risk predominantly is an effect of solar raditation. Nor do the Provisions apply to work in emergency services (Sec. 1 of the Provisions of the Swedish Work Environment Authority on Work in Extreme Temperatures).
    • Provisions of the Swedish Work Environment Authority on Work in Extreme Temperatures, together with General Recommendations on implementation of the Provisions (AFS 1997:2) (§1 )
    Related CEACR Comments
    • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2006
  - 9.4.7 Fire risks
    Summary / Citation: Ch. 2 of the Civil Protection Act contains rules on the obligations for owners and beneficiaries when it comes to fire prevention measures, life-saving equipment and fire prevention documentation.
    
    Sec. 8 of the Provisions of the Swedish Work Environment Authority on workplace design provides that a special room, separate from other rooms, shall as a rule be provided for a workplace design process entailing a special risk of ill-health or accidents. The same applies concerning a work process entailing a special risk of fire or ex- plosion.
    
    Sec. 33 of the Provisions of the Swedish Work Environment Authority on Chemical Hazards in Working Environment contains rules on measures to prevent risks of fire, explosions and reactions.
    • Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment (AFS 2011:19) (§ 33)
    • Provisions of the Swedish Work Environment Authority on workplace design and general recommendations on the implementation of the provisions (AFS 2009:02) (§ 8)
    • Civil Protection Act (2003:778) (Ch. 2)
  - 9.4.8 Tobacco
    Summary / Citation: The Employer is responsible for ensuring that an employee is not exposed to tobacco smoke against his or her will at the workplace or in similar premises where the employee is active according to Sec. 8 of the Tobacco Act.
    • Tobacco Act (1993:581) (§ 8)
  - 9.4.9 Asbestos
    Summary / Citation: The purpose of the Ordinance of the Swedish Work Environment Authority containing Provisions on Asbestos, is to prevent ill-health where there is a risk of exposure to asbestos-containing dust at work.
    • Ordinance of the Swedish Work Environment Authority containing Provisions on Asbestos, together with General Recommendations on the implementation of the Provisions (AFS 2006:01)
    Related CEACR Comments
    • Asbestos Convention, 1986 (No. 162) Direct Request 2014
  - 9.4.10 Risks related to nanotechnology
    No data available.
  - 9.4.11 Contraction of HIV in the workplace
    Summary / Citation: The Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks apply to activity involving risks to health or safety which may be caused by agents or other biological agents (Sec.1). HIV is a biological agents (bloodborne infection, risk group 3) (Appendix 2 b).
    
    "The employer shall judge whether there are risks to workers’ health and safety which can be caused by biological agents in the workplace. If harmful exposure to biological agents can occur, the nature, degree, extent and duration of the exposure shall be established as far as is possible" (Sec 4 of the Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks).
    • Provisions of the Swedish Work Environment Authority on Microbiological Work Environment Risks– Infection, Toxigenic Effect, Hypersensitivity, together with General Recommendations on implementation of the Provisions (AFS 2012:07) (§ 4)
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
- 9.5 Psychosocial hazards
  Summary / Citation: Systematic work environment management means planning, conducting and monitoring the operation with an eye to the risks of ill-health resulting from mental stresses.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§ 2)
  - 9.5.1 Psychosocial risks
    Remarks / comments: "The word risk as used in the Provisions refers to the likelihood of ill-health or accidents at work occurring and the consequences of such occurrences. Risks at work can lead to injury in both the short and long term. The gravity of the risk has to be decided in each particular instance".
    
    "Ill-health can mean both illnesses defined by medical, objective criteria, and physical and mental functional disturbances of various kinds which are not illnesses in the objective sense. The latter include, for example, various forms of stress reaction and musculoskeletal disorder. Conditions of this kind can lead to illness. It is the intensity of the experiences, their duration and the ability of the person concerned to function as before which decide whether ill-health is present" (General Recommendations on the implementation of the Provision of the Swedish Work Environment Authority on Systematic Work Environment Management).
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (p. 15)
  - 9.5.2 Occupational violence
    Summary / Citation: The Provisions of The Swedish Work Environment Authority apply to work where there may be a risk of violence or the threat of violence (sec. 1). "The employer shall investigate the risks of violence or threat of violence which may exist in the work and shall take such measures as may be occasioned by the investigation" (Sec. 2). "Work shall be arranged so as to avert the risk of violence or threats of violence as far as possible. Special security routines shall exist for work which can entail a risk of violence or the threat of violence. These routines shall be kept up to date and shall be continuously followed up. The routines shall be known to all employees who can be affected by the risks" (Sec. 4).
    
    • Ordinance of the Swedish National Board of Occupational Safety and Health on Measures for the Prevention of Violence and Menaces in the Working Environment (AFS 1993:2) (1 §)
- 9.6 Other hazardous substances
  Summary / Citation: The Provisions of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment apply to all activities where chemical hazards can occur (Sec.1).
  
  "The risk of chemical hazards causing ill-health and accidents in the activity shall be investigated and assessed as often as the conditions of the activity demands it. Furthermore, such an investigation and risk assessment shall always be conducted when the activity is temporarily or permanently changed or if it can be expected that the result of the risk assessment will be affected due to new information. The air shall be examined and assessed every time work is to be commenced in a cistern, well, silo, loading space or similar. If it is not obvious that the air is safe, the air's content of oxygen and substances hazardous to health shall be measured and the risk of explosion shall be assessed by measuring the percentage of flammable gases and fumes. Work may not commence before an investigation and risk assessment have been conducted and necessary measures have been taken in order to prevent ill-health and accidents at work" (Sec. 5).
  • Provisions and General Recommendations of the Swedish Work Environment Authority on Chemical Hazards in the Working Environment (AFS 2011:19) (§§ 1 and 5)
- 9.7 Machineries
  Yes.
  • Provisions of the Swedish Work Environment Authority on Machineries (placed on the market after 29 Dec 2009), together with General Recommendations on implementation of the Provisions (AFS 2008:3)
  • Provisions of the Swedish Work Environment Authority on Use of Work Equipment, together with General Recommendations on implementation of the Provisions (AFS 2006:4)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 9.7.1 Risks related to machinery and tools
    Summary / Citation: The definition of "work equipment" is any machine, apparatus, tool, implement or installation used at work (Sec. 1 of the Provisions of the Swedish Work Environment Authority on Use of Work Equipment).
    
    "Investigation and risk assessment shall be carried out to assess whether the work equipment chosen and used is suitable for the intended work, or whether it has been suitably adapted in such a way that it can be used for adequate safety. The risks caused by the use of the work equipment shall be investigated and assessed" (Sec. 3 of the Provisions of the Swedish Work Environment Authority on Use of Work Equipment).
    • Provisions of the Swedish Work Environment Authority on Machineries (placed on the market after 29 Dec 2009), together with General Recommendations on implementation of the Provisions (AFS 2008:3)
    • Provisions of the Swedish Work Environment Authority on Use of Work Equipment, together with General Recommendations on implementation of the Provisions (AFS 2006:4) (§§ 1 and 3)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  - 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries
    Summary / Citation: Before placing a machine on the market or putting it into service, the manufacture must ensure that the machine comply with relevant basic health and safety requirements.
    • Provisions of the Swedish Work Environment Authority on Machineries (placed on the market after 29 Dec 2009), together with General Recommendations on implementation of the Provisions (AFS 2008:3) (§ 6 )
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
  - 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information
    Summary / Citation: Before the manufacturer or his authorized representative places a machine on the market or puts it into service, he shall specifically provide all necessary information and affix CE marking.
    • Provisions of the Swedish Work Environment Authority on Machineries (placed on the market after 29 Dec 2009), together with General Recommendations on implementation of the Provisions (AFS 2008:3) (§ 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  - 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated
    Summary / Citation: "If, when placed on the market or taken into service within the EEA, an item of work equipment was subject to Swedish Provisions transposing EC Directives to Swedish law, the following shall apply. The equipment may only be used if it meets the requirements concerning its conditions and concerning information with regard to its use which applied to it when it was placed on the market or taken into service. The same applies to work equipment which came under corresponding provisions in some other country outside the EEA. With regard, however, to marking, interactive software and instructions for use, the language requirements which follow from the Swedish Provisions shall always apply in connection with use".
    • Provisions of the Swedish Work Environment Authority on Use of Work Equipment, together with General Recommendations on implementation of the Provisions (AFS 2006:4) (§ 6)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2014
  - 9.7.5 Maintenance of machinery and equipment
    Summary / Citation: "Work equipment shall, for as long as it is in use, be maintained so as to meet current requirements. Any maintenance logbook for the work equipment shall be kept up to date" (Sec. 17 of the Provisions of the Swedish Work Environment Authority on Use of Work Equipment).
    
    "If an item of work equipment is likely to involve a specific risk of ill-health or accidents, the work shall be arranged in such a way that only the persons tasked with using the equipment are allowed to do so. Those attending to inspection, repair, alteration, servicing, cleaning and maintenance of such equipment shall be specially appointed" (Sec. 15 of the Provisions of the Swedish Work Environment Authority on Use of Work Equipment).
    Remarks / comments: Guidance on Sec. 17: It is important that the employer should have maintenance routines, e.g. indicating how often and in what way maintenance work is to be carried out on a particular item of work equipment, who is to carry it out and how day-to-day work is to be conducted while maintenance is in progress.
    • Provisions of the Swedish Work Environment Authority on Machineries (placed on the market after 29 Dec 2009), together with General Recommendations on implementation of the Provisions (AFS 2008:3)
    • Provisions of the Swedish Work Environment Authority on Use of Work Equipment, together with General Recommendations on implementation of the Provisions (AFS 2006:4) (§§ 15 and 17)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
    - 9.7.5.1 List of equipment where applicable
      No data available.
      Related CEACR Comments
      • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
      • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 9.8 Provisions to protect workers in specific condition of vulnerability
  Sometimes.
  - 9.8.1 Protection of pregnancy at work
    Summary / Citation: The Provisions of the Swedish Work Environment Authority on Pregnant and Breastfeeding Employees apply to all activities involving work by a pregnant employee, an employee who has given birth up to 14 weeks before the work is performed, or a breastfeeding employee. Employees that have been hired to work in the business (temporary agency workers) are equated with employees in the provisions (Sec. 2).
    
    If the employer has been informed of the condition of the employee, the employer shall immediately investigate if the woman is exposed to work environment hazards(e.g. physical factors, ergonomic factors, biological agents, chemical substances, psychosocial factors). The employer shall assess the harmful effects on the pregnancy or breastfeeding by taking the nature, degree and duration of the exposure into account. The employer shall then determine the action to be taken (Sec.4).
    • Provisions of the Swedish Work Environment Authority on Pregnant and Breastfeeding Employees, and general recommendations on the implementation of the provisions (AFS 2007:5) (§§ 2 and 4)
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
  - 9.8.2 Protection of lactating women at work
    Summary / Citation: The Provisions of the Swedish Work Environment Authority on Pregnant and Breastfeeding Employees apply to all activities involving work by a pregnant employee, an employee who has given birth up to 14 weeks before the work is performed, or a breastfeeding employee. Employees that have been hired to work in the business (temporary agency workers) are equated with employees in the provisions (Sec. 2).
    
    If the employer has been informed of the condition of the employee, the employer shall immediately investigate if the woman is exposed to work environment hazards(e.g. physical factors, ergonomic factors, biological agents, chemical substances, psychosocial factors). The employer shall assess the harmful effects on the pregnancy or breastfeeding by taking the nature, degree and duration of the exposure into account. The employer shall then determine the action to be taken (Sec.4).
    • Provisions of the Swedish Work Environment Authority on Pregnant and Breastfeeding Employees, and general recommendations on the implementation of the provisions (AFS 2007:5) (§§ 2 and 4 )
    Related CEACR Comments
    • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2014
  - 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts
    Summary / Citation: "If a particular type of work entails a special risk to certain groups of employees, the Government, or by authority of the Government, the Work Environment Authority may prohibit the use, for the work concerned, of employees belonging to such a group, or prescribe that special conditions are to apply when the work is done by such employees".
    Remarks / comments: The Work Environment Act does not contain any special stipulations concerning women. Certain groups of employees may, however, be particularly vulnerable to hazards of the working environment. Special risks, for example, may be incurred by expectant mothers. The Work Environment Authority may therefore prohibit the employment of certain groups at risk on a certain kind of work. The Authority may also lay down other, special conditions for work, e.g. that the employer is to make arrangements for medical examination (Ch. 4, Sec. 6 of the Work Environment Act).
    • Work Environment Act (1977:1160). (Ch. 4 § 6)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 4 § 6)
  - 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age
    Summary / Citation: "A minor may not, as an employee or in any other capacity, be used for or carry out work before the calendar year in which he is 16 years of age or before he has completed his compulsory schooling (...)" (Ch. 5, Sec. 2 of the Work Environment Act).
    
    The purpose of the Provisions on Minors is to prevent anyone below the age of 18 to be affected by ill-health or an accident or to have disadvantages to develop or benefit from education (Sec. 1 of the Provisions of the Swedish Work Environment Authority on Minors).
    • Provisions of the Swedish Work Environment Authority on the Working Environment of Minors, and general recommendations on the implementation of the provisions (AFS 2012:03) (§ 1 )
    • Work Environment Act (1977:1160). ( Ch. 5 § 2)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 ( Ch. 5 § 2)
    Related CEACR Comments
    • Minimum Age Convention, 1973 (No. 138) Observation 1996
    • Minimum Age Convention, 1973 (No. 138) Direct Request 2002
10 Recording, notification and investigation of accidents/incidents and diseases
- 10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases
  Yes.
  • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01)
  • Work Environment Act (1977:1160).
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 10.1.1 Work-related accidents
    Summary / Citation: "The employer shall take all the precautions necessary to prevent the employee from being exposed to health hazards or accident risks" (Ch.3, Sec. 2 of the Work Environment Act).
    
    "Systematic work environment management means the work done by the employer to investigate, carry out and follow up activities in such a way that ill-health and accidents at work are prevented and a satisfactory working environment achieved" (Sec. 2 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    
    "The employer shall regularly investigate working conditions and assess the risks of any person being affected by ill-health or accidents at work. When changes to the activity are being planned, the employer shall assess whether the changes entail risks of ill-health or accidents which may re quire measurements. The risk assessment shall be documented in writing. The risk assessment shall indicate which risks are present and whether or not they are serious" (Sec. 7 the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    
    Remarks / comments: It is the duty of the employer to chart risks and investigate ill-health and accidents according to Ch. 3, Sec. 2a of the Work Environment Act. The Work Environment Act does not contain a definition of the term “accident”.
    
    Accidents mean according to the guidance on Sec. 2 of the provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, "physical or mental injury resulting from a sudden event. An accident can lead to both slight injury and fatality".
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§§2 and 7)
    • Work Environment Act (1977:1160). (Ch. 3 § 2)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 2)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 10.1.2 Near miss incidents
    No data available.
  - 10.1.3 Occupational diseases
    Summary / Citation: "The employer shall take all the precautions necessary to prevent the employee from being exposed to health hazards or accident risks" (Ch.3, Sec. 2 of the Work Environment Act).
    
    "Systematic work environment management means the work done by the employer to investigate, carry out and follow up activities in such a way that ill-health and accidents at work are prevented and a satisfactory working environment achieved" (Sec. 2 of the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    
    "The employer shall regularly investigate working conditions and assess the risks of any person being affected by ill-health or accidents at work. When changes to the activity are being planned, the employer shall assess whether the changes entail risks of ill-health or accidents which may re quire measurements. The risk assessment shall be documented in writing. The risk assessment shall indicate which risks are present and whether or not they are serious" (Sec. 7 the Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management).
    
    "A physician shall notify the Work Environment Authority of diseases, which may be connected with employment and are material to the working environment, and shall also inform and assist the said Authority"( Sec. 2a of the Work Environment Ordinance).
    Remarks / comments: Ill-health can according to the guidance on sec. 2 of the provisions of the Swedish Work Environment Authority on Systematic Work Environment Management mean "both illnesses defined by medical, objective criteria, and physical and mental functional disturbances of various kinds which are not illnesses in the objective sense. The latter include, for example, various forms of stress reaction and musculoskeletal disorder. Conditions of this kind can lead to illness. It is the intensity of the experiences, their duration and the ability of the person concerned to function as before which decide whether ill-health is present".
    
    • Provisions of the Swedish Work Environment Authority on Systematic Work Environment Management, together with General Recommendations on the implementation of the Provisions (AFS 2001:01) (§7 and guindance under § 2a)
    • Work Environment Act (1977:1160). (Ch. 3 § 2a )
    • Work Environment Ordinance (1977:1166). (§ 2a)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 3 § 2a)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health
  Summary / Citation: "If an accident or other harmful influence at work has caused death or severe injury or affected several employees simultaneously, the employer shall notify the Work Environment Authority without delay. The same shall apply in the event of incidents seriously endangering life or health".
  • Work Environment Ordinance (1977:1166). (§ 2)
  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2013
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
11 OSH inspection and enforcement of OSH legislation
- 11.1 Appointment of OSH inspectors
  Summary / Citation: "The Work Environment Authority supervises the observance of this Act and of the Provisions issued pursuant to the same".
  Remarks / comments: The task of the Work Environment Authority is to verify that the employer lives up to the stipulations made in the Work Environment Act and in the Provisions issued by the Authority itself.
  
  Work environment inspections at workplaces in Sweden are carried out by inspectors from the Work Environment Authority.
  • Work Environment Act (1977:1160). (Ch. 7 § 1)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 1)
  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
- 11.2 OSH inspectors’ powers
  Yes.
  • Work Environment Act (1977:1160). (Ch. 7)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7)
  - 11.2.1 Power to enter workplaces
    Summary / Citation: "For the purposes of supervision under the Work Environment Act, the supervisory authority is entitled to access to worksites and may carry out investigations or take samples there. No compensation shall be payable for samples taken according".
    • Work Environment Act (1977:1160). (Ch. 7 § 5 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 5 )
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.2.2 Power to inspect and carry out any examination, test or enquiry
    Summary / Citation: "For the purposes of supervision under the Work Environment Act, the supervisory authority is entitled to access to worksites and may carry out investigations or take samples there. No compensation shall be payable for samples taken".
    • Work Environment Act (1977:1160). (Ch. 7 § 5 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 5 )
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.2.3 Power to investigate
    Summary / Citation: "The supervisory authority is entitled to carry out investigations".
    • Work Environment Act (1977:1160). (Ch. 7 § 5 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 5 )
  - 11.2.4 Duty to provide advice on OSH
    Summary / Citation: The duties of the Swedish Work Environment Authorities are set forth in the Ordinance (2007:913) with instruction for the Swedish Work Environment Authority.
    One of the duties of the Swedish Work Environment Authority is to provide advice on OSH.
    
    • Work Environment Authority (Standing Instructions) Ordinance (2007:913) (§ 2)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
- 11.3 OSH inspectors’ enforcement powers
  Yes.
  • Work Environment Act (1977:1160). (Ch. 7 )
  - 11.3.1 Power to issue orders or notices
    Summary / Citation: "The Work Environment Authority may towards the person who is responsible for protection, issue injunctions or other needed prohibitions
    1. in order for the Work Environment Act or other regulations that have been issued under the Act to be complied with, or
    2. in order for the stipulations in ordinance (EC) no 1907/2006, which is covered by the Swedish Work Environment Authority’s supervisory responsibility, are followed.
    
    When deciding on injunctions or prohibitions, the Work Environment Authority may issue a monetary fine. If someone does not follow an injunction, the Work Environment Authority may decide that rectification shall occur at the person’s cost (...)" (Ch. 7, Sec. 7 of the Work Environment Act).
    Remarks / comments: If the work environment inspector has observed any deficiencies in the work environment, these will be described in writing, in an inspection notice, drawn up as a rule within three weeks of the visit. In this notice the employer is called upon to give the Work Environment Authority an account, by a certain date, of way in which the work environment deficiencies described are to be dealt with, and of the way in which the stipulations have been complied with.
    
    The inspection notice is not a formal (binding) decision but is to be seen as a call to the employer to take the measures which the Work Environment Authority stipulates on the basis of work environment legislation. For this reason the inspection notice cannot be appealed.
    
    If the employer does not comply with the stipulations in the inspection notice, the Authority can issue an injunction or prohibition (see Ch. 7, Sec. 7 of the Work Environment Act). An injunction or prohibition thus issued by the Authority may carry a contingent fine. Both the employer and a safety delegate can appeal an order of this kind.
    • Work Environment Authority (Standing Instructions) Ordinance (2007:913) (§ 2)
    • Work Environment Act (1977:1160). (Ch. 7 § 7)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 7)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.2 Power to impose financial penalties
    Summary / Citation: "When deciding on injunctions or prohibitions, the Work Environment Authority may issue a monetary fine".
    • Work Environment Act (1977:1160). (Ch. 7 § 7)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 7)
  - 11.3.3 Power to revoke or suspend licenses or authorisations
    No data available.
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.4 Power to require the cessation of dangerous work
    Summary / Citation: The Work Environment Authority may, towards the person who is responsible for protection, issue injunctions or other needed prohibitions in order for the provisions on Work Environment to be complied with (Ch. 7, Sec. 7 of the Work Environment Act).
    
    "To ensure that a prohibition pursuant to Ch. 7, Sec. 7 or 8 is complied with, a supervisory authority may order a building, space or device to be sealed or otherwise shut off. Provision for the execution of such an order shall be made by the authority" (Ch. 7, Sec. 10 of the Work Environment Act).
    
    "A supervisory authority may ordain that its decision shall be complied with immediately" (Ch. 9, Sec. 5 of the Work Environment Act).
    
    Restrictions / obligations: If the employer does not adhere to the regulations the Work Environment Authority can, e.g., prohibit a specific handling or a specific work. If there is a danger that someone might be seriously injured, the Work Environment Authority can stop the work with immediate effect.
    • Work Environment Act (1977:1160). (Ch. 7 §§ 7 and 10, Ch. 9 § 5)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 §§ 7 and 10, Ch. 9 § 5)
    Related CEACR Comments
    • Labour Inspection Convention, 1947 (No. 81) Observation 2013
    • Labour Inspection Convention, 1947 (No. 81) Direct Request 2020
  - 11.3.5 Power to initiate prosecutions
    No data available.
  - 11.3.6 Power to conduct prosecutions
    No data available.
  - 11.3.7 Other enforcement powers
    Summary / Citation: Seal or shutdown: "a supervisory authority may order a building, space or device to be sealed or otherwise shut off" (Ch. 7, Sec. 10).
    
    "A supervisory authority may ordain that its decision shall be complied with immediately" (Ch. 9, Sec. 5)
    • Work Environment Act (1977:1160). (Ch. 7 § 10 )
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 10 )
- 11.4 Application of sanctions by courts
  Yes.
  • Work Environment Act (1977:1160). (Ch. 8 )
  • Tort Liability Act (1972:207)
  • Penal Code (1962:700). (Ch. 3 §§ 7-10)
  • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 8 )
  - 11.4.1 Financial penalties for legal persons
    Summary / Citation: Damages: A safety delegate may not be impeded in the discharge of his duties (Ch. 6, Sec. 10). An employer or employee in breach of this can be ordered to pay damages (Ch. 6, Sec. 11 ).
    
    Sanction charge (Ch. 8, Sec. 5-10): "The Government, or by authority of the Government, the Work Environment Authority may prescribe payment of a special charge for infringement of a Provision issued by authority in any respect as referred to in Chap. 4, Sections 1-8 (The power of the Work Environment Authority to issue Provisions). The charge shall be paid even if the infringement was not intentional or negligent. A Provision of this kind shall indicate how the charge is computed for different kinds of infringement. The charge payable shall be directly ascertainable on the basis of calculation indicated. The charge shall be at least SEK 1,000 and at most SEK 1,000,000" (Ch. 8, Sec. 5). The charge shall be imposed on the natural or juristic person who conducted the activity in which the infringement occurred (...) (Ch. 8, Sec. 6).
    
    Injunctions or prohibitions - with or without a monetary fine (Contingent fine): "When deciding on injunctions or prohibitions, the Work Environment Authority may issue a monetary fine (...)" (Ch. 7, Sec. 7).
    Remarks / comments: An employer may be a legal or natural person. A legal person may be ordered to pay a contingent fine (Ch. 7), sanction charges (Ch. 8) and damages (Ch. 6), but this is does not constitute a penalty or punishment in the legal sense in Sweden.
    
    Swedish law distinguishes between responsibility for the work environment and penal liability. Responsibility for safety means responsibility for proactive measures relating to the work environment, while penal liability implies the determination post facto of who is responsible for an accident/incident having occurred. Penal liability under Swedish law must always be imposed on a natural person and cannot be imposed on a legal person. However, a legal person may be ordered to pay a contingent fine, sanction charges and damages. This means that the following sanctions, do not constitute a penalty or punishment in the legal sense in Sweden;
    
    Damages: It is the employer, as a legal or natural person, who becomes liable to pay the actual damages.
    
    Sanction charge: The Work Environment Authority is entitled to impose sanction charges instead of penalties. The charge shall be imposed on the natural or juristic person who conducted the activity in which the infringement occurred. The idea is for charges of this kind to be made applicable in certain limited areas where they are judged suitable. It is then the task of the Authority, in a Provision, to give a careful indication of the area in which the charge is applicable. The size of the charge may not be made to depend on any assessment but shall be possible to compute according to the omission concerned. In the Provisions, therefore, the Authority shall also indicate exactly how the charge is to be computed.
    
    Contingent fine: An administrative sanction in the form of a sum of money which an authority or court specifies in an injunction or prohibition. A contingent fine can be imposed by an administrative court if the injunction or prohibition is not complied with. Contingent fines are usually directed against legal persons but can be directed at natural persons as well.
    • Work Environment Act (1977:1160). (Ch. 6 §§ 10-11, Ch. 7 § 7, Ch. 8 §§ 5-10)
    • Information by the Swedish Work Environment Authority on " the difference between responsibility for the work environment and penal liability"
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 11.4.2 Financial penalties for natural persons
    Summary / Citation: Fines: "Any person intentionally or negligently failing to comply with an injunction or prohibition issued to him may be fined or sentenced to imprisonment for not more than one year (...)" (Ch. 8, Sec. 1).
    
    Damages: A safety delegate may not be impeded in the discharge of his duties (Ch. 6, Sec. 10 of the Work Environment Act). An employer or employee in breach of this can be ordered to pay damages (Ch. 6, Sec. 11).
    
    Sanction charge (Ch. 8, Sec. 5-10): "The Government, or by authority of the Government, the Work Environment Authority may prescribe payment of a special charge for infringement of a Provision issued by authority in any respect as referred to in Chap. 4, Sections 1-8 (The power of the Work Environment Authority to issue Provisions). The charge shall be paid even if the infringement was not intentional or negligent. A Provision of this kind shall indicate how the charge is computed for different kinds of infringement. The charge payable shall be directly ascertainable on the basis of calculation indicated. The charge shall be at least SEK 1,000 and at most SEK 1,000,000" (Ch. 8, Sec. 5). The charge shall be imposed on the natural or juristic person who conducted the activity in which the infringement occurred (...) (Ch. 8, Sec. 6).
    
    Injunctions or prohibitions - with or without a monetary fine (Contingent fine): "When deciding on injunctions or prohibitions, the Work Environment Authority may issue a monetary fine (...)" (Ch. 7, Sec. 7).
    Remarks / comments: Penal liability is based on post facto determination of who is to be held responsible for an accident or incident. Penal liability, in the legal sense in Sweden, must always be imposed on a natural person and cannot be imposed on a legal person. Ch.8, Sec. 1-3 only apply to natural persons. If an employer or some other party with a safety obligation fails to comply with an injunction or prohibition, this can lead to a penalty in the form of a fine. A fine constitute a penalty or punishment in the legal sense in Sweden.
    
    • Work Environment Act (1977:1160). (Ch. 8 § 1)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 8 § 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 11.4.3 Non-financial sanctions
    Summary / Citation: Forfeiture: "Any device or substance which has been used in connection with offenses coming under this Chapter and in violation of a prohibition under Ch. 7, Sec. 7, or the value of such a device or substance, shall be declared forfeit save where such forfeiture would be patently undue" (Ch. 8, Sec. 4).
    
    Injunctions or prohibitions: The Work Environment Authority can issue an injunction or prohibition, i.e. prohibit a certain kind of handling or a certain operation, or order the employer to remedy the work environment deficiencies which have been described (Ch. 7, Sec. 7).
    Remarks / comments: Forfeiture: A machine or chemical product used contrary to a prohibition can be declared forfeit (Ch. 8, Sec. 4). This means that it can be taken away from the party who used it. Alternatively, the value of the machine or product can be declared forfeit. If so, the user has to pay this amount of money to the State.
    
    • Work Environment Act (1977:1160). (Ch. 7 § 7 and Ch. 8 § 4)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 7 § 7 and Ch. 8 § 4)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 11.4.4 Criminal liability
    Summary / Citation: There are provisions on penal liability in the Penal Code (see Ch. 3, Sec.7-10) , the Work Environment Act (see Ch. 8, Sec 1-3) and certain Provisions issued by the Work Environment Authority.
    Remarks / comments: Ch. 3, Sec. 10 of the Penal Code contains provisions on penalties in the form of fines or imprisonment for one or more individual persons in the undertaking. These apply when the Work Environment Act has not been complied with and a person has died, been injured, fallen ill or been exposed to serious danger as a result. There always has to be intent or negligence. Negligence usually consists in a person or persons having failed to take the measures which could have prevented the injury from happening.
    
    Penal sanctions may also come into play if the Work Environment Authority has issued an injunction or prohibition and this has not been complied with. No such penalty can be imposed, however, if the Work Environment Authority has set a contingent fine in its injunction or prohibition.
    
    • Penal Code (1962:700). (Ch. 3 §§ 7-10)
    • Information by the Swedish Work Environment Authority on " the difference between responsibility for the work environment and penal liability"
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 8 § 1-3)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014
  - 11.4.5 Terms of imprisonment for natural persons
    Summary / Citation: The Work Environment Act: If an employer or some other party with a safety obligation fails to comply with an injunction or prohibition, this can lead to a penalty in the form of a fine or imprisonment for not more than one year (Ch. 8, Sec. 1 of the Work Environment Act).
    
    The Penal Code: Where a crime, as referred to in Sec. 7 (causing another's death – the person shall be sentenced at least six months and at most six years imprisonment), Sec. 8 (causing bodily injury or illness – the person shall be sentenced to a fine or imprisonment for at most six months, if gross maximum 4 years) and Sec. 9 (creating danger to another – the person shall be sentenced to a fine or imprisonment for at most two years) has been committed by a person with intent or by carelessly neglecting his duty under the Work Environment Act (1977:1160) to prevent sickness or accidents, the punishment shall be for an environmental offense as provided for in the stated provisions (Ch. 3, Sec. 7-10 of the Penal Code).
    • Work Environment Act (1977:1160). (Ch. 8 § 1)
    • Penal Code (1962:700). (Ch. 3 §§ 7-10)
    • The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011 (Ch. 8 § 1)
    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2014

References

Scaffolds (AFS 2013:04)
Arbetsmiljöverkets föreskrifter om ställningar samt allmänna råd om tillämpningen av föreskrifterna (AFS 2013:04) (Träder i kraft 1 juli 2014, 11 § och delar av 47 § träder i kraft 1 januari 2016)
Microbiological Work Environment Risks– Infection, Toxigenic Effect, Hypersensitivity (AFS 2012:07)
Arbetsmiljöverkets föreskrifter om mikrobiologiska arbetsmiljörisker – smitta, toxinpåverkan, överkänslighet samt allmänna råd om tillämpningen av föreskrifterna (AFS 2012:07)
The Working Environment of Minors (AFS 2012:03)
Arbetsmiljöverkets föreskrifter om minderårigas arbetsmiljö och allmänna råd om tillämpningen av föreskrifterna (AFS 2012:03)
Ergonomic (AFS 2012:02)
Arbetsmiljöverkets föreskrifter och allmänna råd om belastningsergonomi
Chemical Hazards in the Working Environment (AFS 2011:19)
Arbetsmiljöverkets föreskrifter och allmänna råd om kemiska arbetsmiljörisker (AFS 2011:19)
Occupational exposure limit values (AFS 2011:18)
Arbetsmiljöverkets föreskrifter och allmänna råd om om hygieniska gränsvärden (AFS 2011:18)
A new National Action Plan for Work Environment Policy for 2010 to 2015 (Skr. 2009/10:248)
En förnyad arbetsmiljöpolitik med en nationell handlingsplan 2010–2015 (Skr. 2009/10:248)
Workplace design (AFS 2009:02)
Arbetsmiljöverkets föreskrifter om arbetsplatsens utformning samt allmänna råd om tillämpningen av föreskrifterna (AFS 2009:2)
Ionising radiation (SSMFS 2008:51)
Strålsäkerhetsmyndighetens föreskrifter om grundläggande bestämmelser för skydd av arbetstagare och allmänhet vid verksamhet med joniserande strålning (SSMFS 2008:51)
Machineries (placed on the market after 29 Dec 2009) (AFS 2008:3)
Arbetsmiljöverkets föreskrifter om maskiner samt allmänna råd om tillämpningen av föreskrifterna (AFS 2008:3)
Work Environment Authority (Standing Instructions) Ordinance (2007:913)
Förordning (2007:913) med instruktion för Arbetsmiljöverket
Pregnant and Breastfeeding Employees (AFS 2007:5)
Arbetsmiljöverkets föreskrifter om gravida och ammande arbetstagare och allmänna råd om tillämpningen av föreskrifterna (AFS 2007:5)
Asbestos (AFS 2006:1)
Arbetsmiljöverkets föreskrifter om asbest och allmänna råd om tillämpningen av föreskrifterna (AFS 2006:01)
Use of Work Equipment (AFS 2006:4)
Arbetsmiljöverkets föreskrifter om användning av arbetsutrustning samt allmänna råd om tillämpningen av föreskrifterna (AFS 2006:4)
Use of Lifting Devices and Lifting Accessories (AFS 2006:6)
Arbetarskyddsstyrelsens föreskrifter om mast- och stolparbete samt allmänna råd om tillämpningen av föreskrifterna (AFS 2006:6)
Noise (AFS 2005:16)
Arbetsmiljöverkets föreskrifter om buller samt allmänna råd om tillämpningen av föreskrifterna (AFS 2005:16)
Vibrations (AFS 2005:15)
Arbetsmiljöverkets föreskrifter om vibrationer samt allmänna råd om tillämpningen av föreskrifterna ( AFS 2005:15)
Occupational Medical Supervision (AFS 2005:6)
Arbetsmiljöverkets föreskrifter om medicinska kontroller i arbetslivet och allmänna råd om tillämpningen av föreskrifterna (AFS 2005:6)
Microbiological Work Environment Risks – Infection, Toxigenic Effect, Hypersensitivity (AFS 2005:1)
Arbetsmiljöverkets föreskrifter om mikrobiologiska arbetsmiljörisker – smitta, toxinpåverkan, överkänslighet samt allmänna råd om tillämpningen av föreskrifterna (AFS 2005:1)
Ladders and Trestles (AFS 2004:3)
Arbetsmiljöverkets föreskrifter om stegar och arbetsbockar samt allmänna råd om tillämpningen av föreskrift (AFS 2004:3)
Civil Protection Act (2003:778)
Lag (2003:778) om skydd mot olyckor
Systematic Work Environment Management (AFS 2001:1)
Systematiskt arbetsmiljöarbete (AFS 2001:01)
Mast and Pole Work (AFS 2000:6)
Arbetarskyddsstyrelsens föreskrifter om mast- och stolparbete (AFS 2000:6)
First aid and crisis support (AFS 1999:07)
Arbetarskyddsstyrelsens föreskrifter om första hjälpen och krisstöd samt allmänna råd om tillämpningen av föreskrifterna (AFS 1999:07)
Building and Civil Engineering Work (AFS 1999:3)
Arbetarskyddsstyrelsens föreskrifter om byggnads- och anläggningsarbete samt allmänna råd om tillämpningen av föreskrifterna (AFS 1999:03)
Pesticides Ordinance (SFS 1998:947)
Förordning (1998:947) om bekämpningsmedel
Environment Code (1998:808)
Miljöbalk (1998:808)
Pesticides (AFS 1998:6)
Arbetarskyddsstyrelsens föreskrifter om bekämpningsmedel samt allmänna råd om tillämpningen av föreskrifterna (AFS 1998:6)
Work with Display Screen Equipment (AFS 1998:05)
Arbetarskyddsstyrelsens föreskrifter om arbete vid bildskärm samt allmänna råd om tillämpningen av föreskrifterna (AFS 1998:05)
Work in Extreme Temperatures (AFS 1997:2)
Arbetarskyddsstyrelsens föreskrifter om arbete i stark värme samt styrelsens allmänna råd om tillämpningen av föreskrifterna (AFS 1997:2)
Reception of Asylum Seekers and Others Act (1994:137)
Lag (1994:137) om mottagande av asylsökande m.fl
Work in confined spaces (AFS 1993:3)
Arbetarskyddsstyrelsens allmänna råd om arbete i slutet utrymme (AFS 1993:3)
Measures for the Prevention of Violence and Menaces in the Working Environment (AFS 1993:2)
Arbetarskyddsstyrelsens kungörelse med föreskrifter om åtgärder mot våld och hot i arbetsmiljön samt allmänna råd om tillämpningen av föreskrifterna (AFS 1993:2)
Tobacco Act (1993:581)
Tobakslag (1993:581)
Prospective Fines Act (1985:206)
Lag (1985:206) om viten
Working Alone (AFS 1982:03)
Arbetarskyddsstyrelsens kungörelse om ensamarbete med kommentarer (AFS 1982:03)
Working Hours Act (1982:673).
Protection against injury due to falls (AFS 1981:14)
Arbetarskyddsstyrelsens kungörelse om skyddsåtgärder mot skada genom fall med kommentarer (AFS 1981:14)
Work Environment Act (1977:1160).
The Work Environment Ordinance (1977:1166)
Arbetsmiljöförordning (1977:1166)
Work Environment Ordinance (1977:1166).
Tort Liability Act (1972:207)
Skadeståndslag (1972:207)
An Act representing the hours of work and other conditions of work of domestic employees.
Act (1970:943) on hours of work and other conditions of work of domestic employees
Lag (1970:943) om arbetstid m.m. i husligt arbete
Penal Code (1962:700).
Information by the Swedish Work Environment Authority on " the difference between responsibility for the work environment and penal liability"
Website of the Swedish Work Environment Authority
Arbetsmiljöverket
Computer work (home work)
Datorarbete
"KARNOV" - Swedish law collection with comments
KARNOV - Svensk lagsamling med kommentarer
The Work Environment Act (1977:1160) - with commentary as worded on 1st August 2011
Arbetsmiljölagen (1977:1160) - med kommentarer
Comparative study of legislation and legal practices in the Nordic countries concerning labour inspection ( Nordic Council of MInisters, 2011)
The Personal Scope of Labour Law and the Notion of Employee in Sweden (Author: Rönnmar, Mia)
The Personal Scope of Labour Law and the Notion of Employee in Sweden (Author: Rönnmar, Mia)
Companies and natural persons as employers under the Work Environment Act
Labour inspection country profile of Sweden

Sweden - 2014

Themes

1 Description of national OSH regulatory framework

1.1 Description of OSH regulatory framework

2 Scope, coverage and exclusions

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

2.2.1 Coverage of particular categories of workers

2.2.1.1 Migrant workers

2.2.1.2 Domestic workers

2.2.1.3 Home workers

2.2.1.4 Self-employed persons

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

2.4.1 Agriculture

2.4.2 Construction

2.4.3 Services

2.4.4 Public sector

2.4.5 Other

2.5 Definition of occupational accident

2.6 Definition of occupational disease

2.6.1 List of occupational diseases

2.6.2 Mechanism for compensating other diseases as occupational ones

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

3.1 Competent national authority for safety and health at work

3.1.1 Objectives, roles and/or functions

3.1.2 Chairperson and composition

3.2 National OSH research programme or institute

3.2.1 Objectives, roles and/or functions

3.2.2 Governance board constitution and chairmanship

3.2.3 Source of funding

3.3 National OSH programme

3.3.1 Consultation on the national OSH programme

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

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

4.4.1 Specific hazards for which surveillance is required

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

4.8.1 Arrangements for first-aid

4.8.2 Sanitary installations

4.8.3 Drinking water

4.8.4 Rest and eating areas

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

5.1.2 Appointment of a person for health and safety

5.1.3 Written risk assessment

5.1.4 Safe operating work systems and procedures

5.1.5 Training and information on risks

5.1.6 Review or assessment of the results of preventive measures

5.1.7 Consultation with workers in health and safety

5.2 Obligation to implement a specific OSH management system or standard

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

6.1 OSH competence

6.1.1 Requirement to access expert advice and/or support in health and safety

6.1.1.1 Qualifications of experts or professional services

6.2 Appointment of an OSH practitioner

6.2.1 Workforce size threshold for the appointment of OSH practitioners

7 Workers' rights and duties

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

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

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

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

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

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

8 Consultation, collaboration and co-operation with workers and their representatives

8.1 National OSH committee, commission, council or similar body

8.1.1 Objectives, roles and/or functions

8.1.2 Constitution and chairmanship modalities

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters