Occupational Safety and Health Convention, 1981 (No. 155) - Denmark (Ratification: 1995)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.139, C.155 and C.187,C.162 and C.167

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 187 (promotional framework for OSH) in a single comment.

Application in practice of Conventions Nos 115, 139, 155, 162, 167 and 187. In reply to the Committee’s previous request, the Government refers to the reports published by the Danish Working Environment Authority (WEA) and provides detailed information on the number of OSH inspections undertaken, the number of enterprises visited, the number of employees covered, and enforcement outputs (improvement notices, prohibitions, fines proposed, cases presented etc) for the period 2018–20. Furthermore, the Committee notes that the number of reported occupational accidents increased from 42,709 in 2019, to 46,391 in 2020 and to 63,707 in 2021, which is the highest number of reported occupational accidents in the period 2016–21. The number of fatal occupational accidents that were registered to the WEA remained stable at 36 each year 2019–21. Regarding notified occupational diseases, the Committee notes that there were 17,000 in 2019, 15,500 in 2020 and 18,300 in 2021. The Government indicates that the rise in notifications of infectious diseases in 2020 and 2021 was related to the COVID-19 pandemic. The Committee also notes the Government’s reply to its previous request on the increase in the number of reported cases of work-related cancer that, since 2007, certain cases of work-related cancer are notified automatically which resulted in increased notifications. The Committee requests the Government to provide information on the causes of the increase in the number of reported occupational accidents. The Committee also requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number and type of violations detected and the penalties imposed. In particular, the Committee requests the Government to provide detailed information on the number of accidents and occupational diseases reported in the construction sector.

A. General provisions

Action at the national level

• National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National OSH policy and periodic review. In reply to its previous comments, the Committee notes the information provided by the Government on the results of the 2017 mid-term evaluation and the 2019 final evaluation of the aims of the 2012–20 OSH Strategy. The evaluations showed that the number of workers who reported being psychologically overloaded increased by 17 per cent from 2012 to 2018; the number of workers who experienced musculoskeletal disorders increased by 15 per cent from 2012 to 2016; and the serious occupational accidents decreased by 18 per cent from 2011 to 2014. The Government indicates that, following the negative trends observed in two of the aims set by the Government, it tasked an Expert Committee, comprised of researchers, OSH professionals and social partners’ representatives, to identify and recommend appropriate OSH initiatives. The Committee notes with interest that this resulted in the adoption of a new OSH Strategy in April 2019 (OSH Strategy 2020). The Government indicates that, through the OSH Strategy 2020, the Government and the social partners agreed on prioritised national OSH goals until 2030, including sector-specific targets agreed through dialogue with the Sector Working Environment Committees (BFAs). The OSH Strategy 2020 foresees regular evaluations and impact measurements as well as annual status meetings to evaluate progress. In this context, the Committee also notes the adoption of the Working Environment Act No. 2062 of 16 November 2021 (the Working Environment Act) which aims to create a safe and healthy physical and mental working environment. Welcoming the Government’s indications, the Committee requests the Government to continue providing information on the measures to implement and monitor the OSH Strategy 2020, as well as the arrangements made for its periodic review in consultation with the most representative organizations of employers and workers.

• National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. System of inspection. In reply to the Committee’s previous request, the Government indicates that the WEA continues to choose companies for basic inspections based on the level of OSH risks that they face, into account information about the industry, the size of the company, number of employees, reported occupational accidents and diseases as well as OSH related complaints. Furthermore, the WEA assesses the incoming reports and complaints and decides which to investigate further. The Committee refers in this respect to its comments adopted in 2022 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases. In reply to Committee’s previous request regarding measures taken to address the underreporting of cases of occupational diseases based on the reports of physicians and dentists, the Government indicates that, in 2021, the WEA conducted a campaign aiming to encourage general practitioners to report occupational diseases by contacting them directly. It also indicates that the obligation to report is underlined in the context of the ongoing cooperation with the Danish Society of Occupational and Environmental Medicine. The Committee requests the Government to continue to provide information on the measures taken to promote the notification of occupational diseases.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 12 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that under sections 2 and 3 of Order No. 10 of 5 January 2018 on medical examinations at work that may result in exposure to ionizing radiation, a medical examination is required for all workers who might be at risk of receiving an effective dose of radiation greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities. The prescribed medical examination shall be carried out prior to taking up such work and thereafter be followed by yearly medical examinations. The Committee takes note of this information which addresses its previous request.

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations of workers after the period of employment. In reply to Committee’s previous request, the Government indicates that although there is no provision for the examination of the state of health of workers after the period of employment, in the field of aviation who have been exposed to carcinogenic substances, Denmark’s healthcare system ensures necessary examination and treatment of workers, even after the period of employment. The Danish Health Authority in the field of radiation takes initiatives regarding further health examinations of crew. The Committee notes that according to sections 38 and 39 of the Executive Order on measures to prevent the risk of cancer when working with substances and materials, employees exposed to such substances and materials have access to occupational medical examinations at regular intervals even after their suspension, in accordance with the rules in Executive Order No. 1165 of 16 December 1992 on occupational medical examinations under the Working Environment Act. The Committee takes note of this information which addresses its previous request.

Asbestos Convention, 1986 (No. 162)

Article 11(2) of the Convention. Derogations from the prohibition of the use of crocidolite. In its previous comments, the Committee noted that, under section 2 of Order No. 1502 on Asbestos, it was prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions: (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 could continue to be marketed. The Committee notes the Government’s indication that the first exception regarding diaphragms for existing electrolysis plants was lifted pursuant to Order No. 1792 of 18 December 2015, which replaced the previous Order. In this respect, the Committee notes that, under section 3 of the new Order on Asbestos (No. 1792), buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed as long as: (i) the asbestos or the asbestos-containing material was legally installed; and (ii) the building, the facility, the technical aid, etc. was put into use before 1 January 2005. The Committee requests the Government to provide information on the implementation of this derogation in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 17(3). Consultation of workers or their representatives on the work plan. In reply to Committee’s previous comments, the Government refers to section 15(a)(3) of the Working Environment Act, according to which in the context of preparing a written workplace assessment of OSH conditions, the employer must involve the working environment organization or the employees in the planning, organization, implementation and follow-up of the workplace assessment. In this respect, the Committee notes the Government’s indication that the work plan for a demolition work is an elaboration of the general workplace assessment and therefore the involvement of the workers or their representatives is included. The Committee takes note of this information which addresses its previous request.

Article 18(4) to (5). Personal protective equipment (PPE). The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(4), that pursuant to sections 1(1) and (2) and 6 of the Executive Order No. 1706 of 15 December 2010 on the use of personal protective equipment, as amended, the employer is responsible for the cleaning and maintenance of PPE, including clothing, intended to protect workers against OSH risks, as well as for normal clothing which, due to the nature of the work, may be contaminated. In this respect, the Committee notes that under section 20 of the new Order on Asbestos, PPE must be checked, cleaned and placed in a specified place after use. Furthermore, the cleaning of PPE must be done separately with equipment suitable for the purpose. With respect to Article 18(5) of the Convention, the Committee notes the Government’s indication that under section 15 of the new Order on Asbestos, the employer should provide facilities for the workers exposed to asbestos to shower at the workplace. The Committee takes note of this information which addresses its previous request

Article 20(4). Workers or their representatives right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee notes the Government’s indication that, according to Chapter 9 of the new Order on Asbestos, employee representatives have to be consulted on the planning of the measurements of asbestos’ dust exposure and be informed of the results of the measurements. However, the Committee notes an absence of information on the right to request monitoring and the right to appeal. The Committee requests the Government to provide information on the measures taken, in law or practice, to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning theresults of the monitoring.

Article 21(4). Means of maintaining workers’ income. In reply to Committee’s previous request, the Government indicates that diseases caused by exposure to asbestos at work are recognized as occupational diseases in Denmark under the Workers’ Compensation Act No. 1186 of 19 August 2022. In this respect, the Committee notes that, under the Act, persons suffering from occupational diseases are entitled to a series of benefits, including reimbursement of expenses for medical care, rehabilitation, aids, compensation for loss of earning capacity and compensation for permanent injury. The Committee takes note of this information which addresses its previous request.

Article 22. Information and education. In reply to Committee’s previous request, the Government indicates a series of provisions in national legislation which aim to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos. With respect to Article 22(1) on information and education of all workers concerned, the Committee takes note of section 11 of the new Order on Asbestos according to which eemployees are provided with instructions on the dangers of asbestos, ways to perform work without risk, the use of personal protective equipment and the safe disposal of waste. The Committee takes also note of the Executive Order No. 2308 of 7 December 2021 on industry associations for working environment according to which industry associations provide industry specific information and guidance on OSH and can initiate and participate in company-oriented OSH activities within the industry. With respect to Article 22(2) on policies and procedures for education and training, the Committee notes the Government’s indication that, according to section 16 of the Order No. 1795/2015 on carcinogenic substances etc., as amended by Order No. 255/2019, the instructions regarding performance of work in safe manner and information about hazards of accidents and illness when working with carcinogenic substances must be supported by written material and to be repeated regularly. The Committee notes this information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 23(b) of the Convention. Work over water. Rescue of workers from drowning. In reply to the Committee’s previous request, the Government indicates that the obligation of employers to provide for measures to ensure the rescue of workers in danger of drowning where work is done over, or in close proximity to water, is ensured through the Executive Order No. 2107 of 24 November 2021 on building and construction work (Order on building and construction work). The Committee notes with interest that the Government indicates that according to section 7 read in conjunction with Appendix 1(5), the written workplace assessment to be prepared by the employer, must, where there is a risk of drowning, cover how this will be prevented including to the rescue workers of who risk falling into the water. Furthermore, the written assessment must, where relevant, include the requirements regarding first aid and alarm systems provided for in sections 43–45 of the Order on building and construction work. The Committee takes note of this information which addresses its previous request.

Article 35(b). Appropriate inspection services. In reply to Committee’s previous request, the Government indicates that the supervision of the building and construction industry was streamlined from November 2017 and targeted with a large number of building and construction sites being visited annually throughout the country. The Government specifies that inspections also focused, inter alia, on required OSH joint safety measures, the requirements that apply to the client regarding coordination in relation to OSH as well as rules aimed at designers and client consultants. The Committee takes note of this information which addresses its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the key occupational safety and health (OSH) Conventions ratified, the Committee considers it appropriate to examine Convention No. 155 and Convention No. 187 in a single comment.

Action at the national level

National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. With reference to its previous comments concerning the role of the tripartite Working Environment Council in ensuring the coherence of OSH policies, the Committee notes the Government’s indication in its report that since 1 January 2015 the Working Environment Authority (WEA) has been supervising the OSH aspects of offshore installations in the North Sea. The WEA meets on a quarterly basis with the Maritime Authority and the Transport Authority to discuss OSH matters. The Committee also notes the information provided by the Government with regard to the adoption in 2011 of the “A New Way towards a Better Working Environment” strategy for 2012–20, which consists of 19 initiatives, including differentiated fines; intensified dialogue with enterprises; and increased help for smaller enterprises. The 2012–20 strategy focuses on specific working environment problems and aims to reduce by 2020: the number of serious occupational accidents by 25 per cent, in proportion to the number of workers; the number of workers who are psychologically overloaded by 20 per cent; and the number of workers who experience musculoskeletal disorders by 20 per cent. Regular evaluations and impact measurements of the 19 initiatives will be conducted to assess any need for modification and mid-term evaluations of the 2012–20 strategy are planned in 2014 and 2017, in cooperation with the WEA, to determine the progress made in achieving the strategy’s objectives. The Committee requests the Government to continue providing information on the measures taken to implement, monitor and evaluate the 2012–20 strategy, including the targets and indicators of progress used, and to provide details on the results of the 2014 and 2017 mid-term evaluations. The Committee also requests the Government to provide further information on the consultations held with the social partners in this regard.

National system

Article 4(3)(c) of Convention No. 187; Article 9 of Convention No. 155. Mechanisms for ensuring compliance. System of inspection. The Committee notes the detailed information provided by the Government in response to its previous request concerning a revised system of workplace OSH screening called the “Smiley Scheme”. The Committee also notes the Government’s indication that, in the context of the 2012–20 strategy, one of the initiatives was the introduction of risk-based inspections focusing on enterprises with safety and health issues. This means that enterprises with the most issues relating to the work environment will be subject to increased inspections. Welcoming the planning of labour inspection activities based on the level of occupational risks as an appropriate method to achieve coverage of workplaces by labour inspection, the Committee requests the Government to continue providing information on the inspections undertaken in relation to OSH, including the number of inspections undertaken and sectors covered, and the manner in which the continued coverage of workplaces deemed to be lower risk is ensured.

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance and social security schemes. With reference to its previous comments, the Committee notes the Government’s indication that the WEA and the National Board of Industrial Injuries (NBII) collaborate on a register of industrial accidents and work-related diseases, that the WEA is a member of the Occupational Diseases Committee, which negotiates with the NBII with regard to the diseases which should be included on the list of occupational diseases, and that working groups can be established to investigate specific subjects.

Article 6 of Convention No. 155. Functions and responsibilities in relation to OSH. The Committee notes the information provided by the Government in reply to its previous request concerning collective agreements dealing with psychosocial risks.

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases and application of the Conventions in practice. The Committee previously noted that, while the number of OSH accidents had decreased between 2005 and 2009, the number of cases of occupational disease had increased over the same period. In this regard, the Committee notes the Government’s indication that studies have indicated that there is considerable under-reporting of occupational diseases, based on the reports of physicians and dentists. The Government further indicates that a certain number of notified occupational diseases should be understood as resulting from working conditions that existed in the past and that the increase in the number of occupational diseases no longer represents the current OSH situation. The Government indicates that 21,318 cases of occupational disease were reported in 2013 (compared with 19,913 cases in 2012), that 55 per cent of the cases concerned workers under 50 years of age, and that part of the increase is due to the growing awareness of doctors of the obligation to notify cases and suspected cases of occupational disease. The Committee requests the Government to continue providing information on the measures taken to address the under reporting of cases of occupational disease, including the measures taken to raise awareness among medical practitioners of their obligation under the national legislation to report occupational diseases. The Committee also requests the Government to continue providing information on the application of the Convention in practice, including the number, nature and causes of occupational accidents and cases of occupational disease.

Article 14 of Convention No. 155. Measures to include OSH issues in educational and training programmes at all levels. The Committee notes the information provided by the Government in response to its previous request concerning models developed by the Working Environment Council and the Ministry of Education to include OSH questions in educational curricula.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the detailed information supplied by the Government in its latest report. The Committee also notes the Government’s responses indicating effect given to Articles 2 and 8 of the Convention. The Committee asks the Government to keep the Office informed on relevant legislative measures undertaken with regard to the implementation of the Convention.

Articles 4, 7 and 9. Reform of the national system for occupational safety and health including of the labour inspection system. The Committee notes the detailed information provided by the Government concerning the practical application of the screening scheme (“Smiley Scheme”), together with clarifications on consultancy advice. The Committee notes, in particular, the information that this scheme allows for a primary judgement on the occupational safety and health (OSH) conditions of Danish enterprises, and subsequently ensures that enterprises needing a closer inspection receive an “adapted” inspection. The Committee also notes that inspections can result in a “consultancy notice” requiring the enterprise to call in an authorized OSH consultant to help solve their working environment problems. If the company would fail in resolving its OSH issues and there is an imminent and substantial danger to the safety and health of employees or others, the enterprise could be issued an order of prohibition of working. The Committee also notes that, according to the Working Environment Authority’s website (www.at.dk), on 11 November 2011, 93,223 enterprises had been screened, of which 2,769 had received the work environment certificate, 5,089 were marked with a yellow smile, meaning they needed to make adjustments within a period of time, and that 774 enterprises were required to seek consultancy advice. The Committee requests the Government to continue to provide up-to-date information on the “Smiley Scheme” and on the activities undertaken or envisaged in order to follow up, after its conclusion, in 2012, with the OSH screening of enterprises.

Article 6. Authorities. The Committee notes the Government’s reference to the adoption of four collective agreements dealing with psychosocial risks, one of which has however been suspended. The Committee further notes that the report is silent with reference to whether any disputes on OSH regulated in these collective agreements have been dealt with by the Labour Court. The Committee requests the Government to provide copies of the relevant collective agreement and reiterates its request that the Government provide additional information on whether any disputes on OSH issues based on the aforementioned collective agreements have been dealt with by the Labour Court.

Article 11. Notification of occupational accidents and diseases. The Committee notes the information provided that employers are required to take into account reported sick leave in the context of risk assessments conducted and that the Danish Working Environment Authority checks whether this has been the case. As the Committee understands it, information on long-term sick leave is used, inter alia, as an indicator of cases of burnout and is used to identify sectors with the greatest number of such cases. Businesses in such sectors are entitled to apply for funding in order to start up projects to prevent burnout. The Committee requests the Government to provide further information on the impact of these measures in order to address cases of burnout.

Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee notes that it is the Board of Working Environment that should ensure that the subject matter of OSH is included in the Danish educational curricula. However, the report is silent with reference to the concrete measures taken or envisaged in this respect. The Committee requests the Government to provide detailed information on concrete measures taken to ensure the application of this provision of the Convention.

Part IV of the report form. Application in practice. Based on information on the website of the Working Environment Authority (www.at.dk), the Committee notes that the number of occupational accidents appears to have decreased (from 47,106 in 2005 to 42,561 in 2009), while, in contrast with the previous report, the number of occupational diseases appears to have increased (from 13,967 in 2005 to 15,596 in 2009). The Government is requested to provide further information on measures taken to address the apparent increase in the number of occupational diseases and to provide any other relevant information on the application in practice of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the detailed information contained in the Government’s report and the attached legislation. With reference to its previous comments, the Committee notes that the Government’s report was received too late to be taken into account in that context. With reference to information contained in this report, the Committee notes with interest the amendment to section 7(a) of the Work Environment Act (WEA) ensuring application of Article 13 of the Convention. Furthermore, as a complement to its previous comments, and taking into account the information provided by the Government in its most recent report, the Committee requests the Government to provide the following additional information:

Articles 1 and 8 of the Convention. Scope of application, excluded branches and national legislation. The Committee notes with interest the adoption of Notification No. 682 of 30 June 2005 on the protection of workers from the risks related to vibrations at work and Notification No. 239 of 6 April 2005 on work performed by young persons (repealing Notification No. 516 of 14 June 1996). With respect to branches excluded under Article 1, paragraphs 2 and 3, the Committee understands that Act No. 292 of 1981 has been replaced by the Offshore Safety Act No. 1424 of 21 December 2005 (entering into force on 1 July 2006) and notes with interest that this Act and the numerous notifications issued thereunder provide OSH protection to workers in the offshore installation branch. It also notes that similar protection is provided for the aviation branch (for example, Notification No. 617 of 23 June 2005 on exposure of crew members to vibrations) and for shipping (by Act No. 627 of 27 February 2002 on safety at sea and regulations issued thereunder). The Committee asks the Government to continue to provide information on legislative measures adopted to ensure the full application of the Convention and also asks the Government to provide information in its next report on the regulations applicable to occupational safety and health issues for workers in road transportation and to provide copies of these rules.

Article 2. Excluded categories. As noted by the Committee in its previous comment, Notification No. 559 of 17 June 2004 concerning the performance of work, provides that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, also apply to homeworkers. Furthermore, under section 57 of the WEA, the Ministry of Employment may issue rules restricting working time for work involving special risks to safety and health. The Committee reiterates its previous request to the Government to provide information in its next report as to whether any rules reducing the working time for work involving certain risks to safety and health have been adopted under section 57 of the WEA, particularly for any of the categories excluded under the WEA, and to provide copies of any such regulations.

Articles 4, 7 and 9. Reform of the national OSH system, including of the labour inspection system. With respect to the so-called “Smiley Scheme” screening occupational safety and health at workplaces, the Committee notes from the Working Environment Authority’s web site, www.at.dk that, on 18 September 2006, 36,070 enterprises had been screened, of which 1,232 had received the work environment certificate, 2,770 were marked with one or more corrections to make within a time period, and that 118 enterprises were requested to seek mandatory consultancy advice. The Committee requests the Government to provide additional information in its next report on the practical application of the screenings and consultancy advice in practice.

Article 6. Authorities. The Committee had previously noted that, under section 72(b) of the WEA, the social partners have the possibility to regulate certain occupational safety and health issues by collective agreement. The Committee also notes the Government’s statement that this applies to work-related psychosocial risk factors, monotonous, repetitive work, use of personal protective equipment and welfare initiatives, and that if an OSH issue is covered by the collective agreement, it is no longer the labour inspection supervising the implementation, and that any dispute shall be dealt with by the Labour Court. The Committee asks the Government to provide additional information in its next report on any collective agreement resulting in that the supervision of the application of occupational safety and health issues should be dealt with under the collective bargaining system and whether the Labour Court has handled any dispute in this respect.

Article 9. Labour inspection and penalties. Previously the Committee noted that section 82(a) of the WEA and, in accordance with Notification No. 107 of 28 February 2002, introduced the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA. Further, with respect to the violations of the WEA that may lead to a fine or imprisonment of up to one year, the Committee understands that section 82 of the WEA has been amended (by Notification No. 300 of 19 April 2006) introducing that certain circumstances are to be considered as an “aggravating circumstance” when an employer, intentionally or by gross negligence, contravenes the legislative requirements respecting the use of personal protective equipment, the use of extraction measures, the use of safety equipment or measures, the use of safe working methods or the certificates for cranes and forklift trucks. It also notes that an employer ignoring an improvement notice issued under section 77 of the WEA, which had previously been issued for the same or similar condition, shall be considered as an aggravating circumstance. The Committee requests the Government to provide information in its next report on the number of times the administrative procedure for “clear and uncomplicated cases of violations” of the WEA has been used and to provide examples of situations when it has been used. The Committee also requests the Government to provide information in its next report on any conduct having been considered as an aggravating circumstance in violation of an occupational safety and health rule.

Article 11. Notification of occupational accidents and diseases. The Committee notes from the Working Environment Authority annual report on occupational accidents and diseases on the web site www.at.dk, that the number of occupational accidents has decreased (50,043 accidents reported in 1999 compared with 41,943 in 2004), while the number of illnesses remained more or less stable (12,635 illnesses reported in 1999 compared to 12,491 in 2004). In this respect, the Committee notes the Government’s statement that, with respect to OSH activities at the level of enterprises where a safety committee has to be established (when ten or more workers are employed), these committees shall also take into account any sick leave that may indicate a working environment problem. The Committee requests the Government to provide information with its next report on measures taken or envisaged to include reported sick leave as an indication of an occupational safety and health problem.

Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee recalls from its previous request that, as part of the implementation of the action plan “A clean working environment 2005”, work was to be undertaken to examine how the working environment training can be strengthened within the vocational training system and in a number of more advanced training programmes, such as the engineering education. The Committee hopes that the Government will be able to provide information in its next report on measures taken or envisaged to include OSH issues at all levels of education and training, in accordance with the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s report and the attached legislation. With reference to its previous comments, the Committee notes that the Government’s report was received too late to be taken into account in that context. With reference to information contained in this report, the Committee notes with interest the amendment to section 7(a) of the Work Environment Act (WEA) ensuring application of Article 13 of the Convention. Furthermore, as a complement to its previous comments, and taking into account the information provided by the Government in its most recent report, the Committee requests the Government to provide the following additional information:

2. Articles 1 and 8 of the Convention. Scope of application, excluded branches and national legislation. The Committee notes with interest the adoption of Notification No. 682 of 30 June 2005 on the protection of workers from the risks related to vibrations at work and Notification No. 239 of 6 April 2005 on work performed by young persons (repealing Notification No. 516 of 14 June 1996). With respect to branches excluded under Article 1, paragraphs 2 and 3, the Committee understands that Act No. 292 of 1981 has been replaced by the Offshore Safety Act No. 1424 of 21 December 2005 (entering into force on 1 July 2006) and notes with interest that this Act and the numerous notifications issued thereunder provide OSH protection to workers in the offshore installation branch. It also notes that similar protection is provided for the aviation branch (for example, Notification No. 617 of 23 June 2005 on exposure of crew members to vibrations) and for shipping (by Act No. 627 of 27 February 2002 on safety at sea and regulations issued thereunder). The Committee asks the Government to continue to provide information on legislative measures adopted to ensure the full application of the Convention and also asks the Government to provide information in its next report on the regulations applicable to occupational safety and health issues for workers in road transportation and to provide copies of these rules.

3. Article 2. Excluded categories. As noted by the Committee in its previous comment, Notification No. 559 of 17 June 2004 concerning the performance of work, provides that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, also apply to homeworkers. Furthermore, under section 57 of the WEA, the Ministry of Employment may issue rules restricting working time for work involving special risks to safety and health. The Committee reiterates its previous request to the Government to provide information in its next report as to whether any rules reducing the working time for work involving certain risks to safety and health have been adopted under section 57 of the WEA, particularly for any of the categories excluded under the WEA, and to provide copies of any such regulations.

4. Articles 4, 7 and 9. Reform of the national OSH system, including of the labour inspection system. With respect to the so-called “Smiley Scheme” screening occupational safety and health at workplaces, the Committee notes from the Working Environment Authority’s web site, www.at.dk that, on 18 September 2006, 36,070 enterprises had been screened, of which 1,232 had received the work environment certificate, 2,770 were marked with one or more corrections to make within a time period, and that 118 enterprises were requested to seek mandatory consultancy advice. The Committee requests the Government to provide additional information in its next report on the practical application of the screenings and consultancy advice in practice.

5. Article 6. Authorities. The Committee had previously noted that, under section 72(b) of the WEA, the social partners have the possibility to regulate certain occupational safety and health issues by collective agreement. The Committee also notes the Government’s statement that this applies to work-related psychosocial risk factors, monotonous, repetitive work, use of personal protective equipment and welfare initiatives, and that if an OSH issue is covered by the collective agreement, it is no longer the labour inspection supervising the implementation, and that any dispute shall be dealt with by the Labour Court. The Committee asks the Government to provide additional information in its next report on any collective agreement resulting in that the supervision of the application of occupational safety and health issues should be dealt with under the collective bargaining system and whether the Labour Court has handled any dispute in this respect.

6. Article 9. Labour inspection and penalties. Previously the Committee noted that section 82(a) of the WEA and, in accordance with Notification No. 107 of 28 February 2002, introduced the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA. Further, with respect to the violations of the WEA that may lead to a fine or imprisonment of up to one year, the Committee understands that section 82 of the WEA has been amended (by Notification No. 300 of 19 April 2006) introducing that certain circumstances are to be considered as an “aggravating circumstance” when an employer, intentionally or by gross negligence, contravenes the legislative requirements respecting the use of personal protective equipment, the use of extraction measures, the use of safety equipment or measures, the use of safe working methods or the certificates for cranes and forklift trucks. It also notes that an employer ignoring an improvement notice issued under section 77 of the WEA, which had previously been issued for the same or similar condition, shall be considered as an aggravating circumstance. The Committee requests the Government to provide information in its next report on the number of times the administrative procedure for “clear and uncomplicated cases of violations” of the WEA has been used and to provide examples of situations when it has been used. The Committee also requests the Government to provide information in its next report on any conduct having been considered as an aggravating circumstance in violation of an occupational safety and health rule.

7. Article 11. Notification of occupational accidents and diseases. The Committee notes from the Working Environment Authority annual report on occupational accidents and diseases on the web site www.at.dk, that the number of occupational accidents has decreased (50,043 accidents reported in 1999 compared with 41,943 in 2004), while the number of illnesses remained more or less stable (12,635 illnesses reported in 1999 compared to 12,491 in 2004). In this respect, the Committee notes the Government’s statement that, with respect to OSH activities at the level of enterprises where a safety committee has to be established (when ten or more workers are employed), these committees shall also take into account any sick leave that may indicate a working environment problem. The Committee requests the Government to provide information with its next report on measures taken or envisaged to include reported sick leave as an indication of an occupational safety and health problem.

8. Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee recalls from its previous request that, as part of the implementation of the action plan “A clean working environment 2005”, work was to be undertaken to examine how the working environment training can be strengthened within the vocational training system and in a number of more advanced training programmes, such as the engineering education. The Committee hopes that the Government will be able to provide information in its next report on measures taken or envisaged to include OSH issues at all levels of education and training, in accordance with the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s reports.

2. Article 1 of the Convention. Scope of application and excluded branches. The Committee notes that the Working Environment (Consolidation) Act No. 497 of 29 June 1998, as amended, up to Act No. 442 of 9 June 2004 (WEA), is applicable to all branches of economic activity and that, under section 3 of the WEA, aviation, shipping and fishing are excluded from the scope of application. It notes that the WEA is applicable to aviation as regards work performed on the ground and to fishing and shipping as regards loading and unloading of ships and shipyard work carried out on board and similar work. The Committee notes with interest that extensive legislation has been adopted for each branch in order to provide adequate protection to these workers, in particular Notification No. 918 of 18 November 2003 respecting working environment conditions for crewmembers on duty on aircraft and for the employers and the technical regulation of occupational safety and health in ships of 1 July 2004, adopted by the Maritime Authority (Søfartsstyrelsen). The Committee further notes Act No. 292 of 10 June 1981 on offshore installations including oil-drilling activities on the Danish continental shelf and the Government’s reference to a series of implementing regulations applicable in this area. The Committee also notes that the Government indicates that special rules apply to road transport. The Committee requests the Government to provide with its next report copies of regulations applicable to occupational safety and health issues for workers on offshore installations, as well as relevant legislation applicable to road transport.

3. Article 2. Excluded categories of workers. The Committee notes that, pursuant to section 2(2) of the WEA, workers employed in the employer’s private household and work being performed exclusively by members of the employer’s family who belong to the household are excluded from its application. It further notes that, as regards work being performed in the worker’s own home, the WEA is, in principle, applicable, but due to difficulties in supervising compliance, the application of certain sections of the WEA have been excluded by Notification No. 247 of 2 April 2003 on Exemption from the Application of the Working Environment Act in respect of Work Performed in the Employee’s Home. Notification No. 559 of 17 June 2004, concerning the performance of work further prescribes that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, are applicable to homeworkers, even when work is not being performed for an employer. The Committee notes that, under section 57 of the WEA, the Ministry of Employment (Beskæftigelsesministeriet) may issue rules restricting working time for work involving special risks to safety and health. The Committee requests the Government to provide information with its next report on whether the Ministry of Employment has issued any rules reducing the working time for work involving special risks to safety and health.

4. Article 4, paragraph 1. National policy. The Committee notes the Government’s statement that the action plan adopted in 1996, "A clean working environment 2005", introduced, in 1999, a new structure for the cooperation between the social partners with four-year plans. The Committee asks the Government to provide detailed information with its next report on the restructuring of the cooperation between the social partners.

5. Articles 4, 7 and 9. Reform of the national system for occupational safety and health including reform of the labour inspection system. The Committee understands that, in May 2004, Parliament adopted an occupational safety and health reform entitled "A Safe and Healthy Working Environment for Employees and Enterprises", which has resulted in several amendments to existing legislation and to the issuance of new OSH legislation. The Committee notes with interest the comprehensive reform of the labour inspection system (section 72 of the WEA and implementing regulations) and that, as of 1 January 2005 and seven years onwards, the Danish Working Environment Authority will screen the health and safety conditions of all Danish enterprises with employees, that subsequently all enterprises will be screened approximately once every three years, and that enterprises prioritized for inspection will be screened approximately every two years. It also notes the provisions concerning different types of inspections including "adapted" inspections targeting enterprises having hazardous working environmental conditions, "detailed" inspections concerning specific problems or problem areas, including examination of work-related accidents, diseases and ailments, and the "supplier" inspections concerning safety and health for the users of one or more of suppliers’ product. The Committee further notes with interest the introduction of provisions requiring enterprises to seek consultancy advice and the mandatory publication of the status of enterprises’ health and safety conditions on the Working Environment Authority’s (Arbejdstilsynet) web site, under the so-called "Smiley Scheme". The Committee notes in this respect Notification No. 553 of 17 June 2004, concerning the use of authorized occupational safety and health consultants for a period of time (period notice), Notification No. 554 of 17 June 2004, concerning the use of authorized occupational safety and health consultants to solve specific health and safety problems (problem notice), Notification No. 555 of 17 June 2004, concerning the approval of authorized occupational safety and health consultants to assist enterprises to apply requests to use counselling, and Notification No. 1497 of 20 December 2004, respecting disseminating information on enterprises’ occupational safety and health work (the Smiley Order). The Committee requests the Government to provide detailed information with its next report on the practical application of this reform, results obtained and measures taken or envisaged, in order to minimize the causes for hazards inherent in the working environment, including statistical information on the number of screenings and labour inspections carried out, the findings and remedies.

6. Article 6. Authorities. The Committee notes that, under the WEA, the Working Environment Authority is the supreme authority in the field of OSH responsible for advising the labour market actors and the general public on working environment matters and for issuing rules with the Ministry of Employment (Beskæftigelsesministeriet). The Working Environment Authority shall be informed of technical and social developments, examine plans for working processes, workplaces, technical equipment, substances and materials, and issue licences under the Act or administrative orders. The Working Environment Authority is responsible for supervising the application of working environment legislation. In this respect, the Committee notes that, under section 72b of the WEA and Notification No. 1156 of 25 November 2004, on the limitation of the working environment’s supervision of the application of certain working environment rules, that employers’ and workers’ central organizations may, in their collective agreements, conclude that the supervision of certain OSH rules shall be carried out within the rules of the collective bargaining system. The Committee asks the Government to provide information on any centrally concluded collective agreements where it has been agreed that the supervision of the application of occupational safety and health legislation should be dealt with in the collective bargaining system.

7. Notification No. 1477 of 20 December 2004, respecting the rules applicable to the Working Environment Council (Arbejdsmiljørådet), states that this Council is the forum where the labour market partners discuss and cooperate regarding working environment issues and participate in the correction and implementation of joint working environment activities through recommendations of the Ministry of Employment. Notification No. 1476 of 20 December 2004, respecting the Working Environment Council’s activities for the work environment regulates more in detail the activities to be carried out. The Committee further notes that the Working Environment Institute (Arbejdsmiljøinstituttet) is an independent research institute carrying out research in the field of OSH. It also notes that the Working Environment Research Fund (Arbejdsmiljøforskningsfonden), established under Notification No. 1408 of 15 December 2004, states that its task is to improve working environment research to give support to research and improvements in the working environment, in order to prepare and, through this, prevent, limit and reduce the exclusion of persons from the labour market due to work-related accidents, etc. The Committee requests the Government to provide detailed information with its next report on measures taken or envisaged by the different authorities to implement the national policy on occupational safety and health, including copies of reports, guides and guidelines issued to help employers and workers to comply with their legal obligations.

8. Article 8. National legislation. The Committee notes with interest the extensive legislation that has been adopted ensuring the application of the Convention. In addition to the legislation referred to in this request, it notes Notification No. 96 of 13 February 2001, on the design of permanent workplaces; Notification No. 290 of 5 May 1993, on the design of mobile workplaces; Notification No. 589 of 22 June 2001, respecting the organization of construction sites and similar workplaces; Notification No. 1109 of 15 December 1992, of work carried out with technical tools, as amended up to Notification No. 727 of 29 June 2004; Notification No. 559 of 4 July 2002, respecting special duties for producers, suppliers and importers of substances and materials under the Working Environment Act, as amended up to Notification No. 497, of 27 May 2004; Notification No. 292 of 26 April 2001, respecting work with substances and materials (chemical agents), as amended up to Notification 496 of 27 May 2004; and Notification No. 1503 of 21 December 2004, on working environment training. The Committee asks the Government to provide information with its next report on any amendments introduced or any new legislation adopted.

9. Article 9. Labour inspection and penalties. The Committee notes that the WEA states that violation may lead to fine or imprisonment of up to one year, which may be increased to two years if the contravention was committed deliberately or with gross negligence (section 82). It also notes that Notification No. 107 of 28 February 2002, concerning the application of administrative fines for violations of the Working Environment Act, introduces the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA (sections 1 and 2). The Committee requests the Government to provide information with its next report on any penalties being issued under these provisions, including the number of times the administrative procedure has been made use of.

10. Article 11. Notification of occupational accidents and diseases. The Committee notes that, under Notification No. 33 of 20 January 2003, on reporting of occupational accidents to the National Working Environment Authority, employers are obliged to report within a time period of nine days for any work-related accident or poisonings having resulted in inability to work for one day or more (section 1). The Committee requests the Government to provide statistical information with its next report on the number of accidents reported as from the entry into force of Notification No. 33 of 2003.

11. Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee notes the Government’s statement that, as part of implementation of the action plan "A clean working environment 2005", work is being carried out to make a plan on how the working environment training can be strengthened within the vocational training system and a number of more advanced training programmes, such as the engineering education. The Committee requests the Government to provide detailed information with its next report of the results obtained in including OSH issues at all levels of education and training.

12. Article 19. Cooperation at the level of the undertaking. The Committee notes that Notification No. 575 of 21 June 2001, concerning enterprises’ occupational safety and health activities, as amended up to Notification No. 1506 of 21 December 2004, states that enterprises with ten or more employees shall organize their occupational safety and health activities in an internal safety organization and that all employees (excluding managers and supervisors) shall be included (section 2). In enterprises with less than ten workers, it is the employer who is responsible for the safety organization. The Committee also notes that Safety Committees shall be established in enterprises with more than 20 workers and that, in other enterprises, the supervisor of a department of special field activities shall create safety groups or joint safety groups. The Committee requests the Government to provide information with its next report on measures taken or envisaged by internal safety organizations to give effect to the national policy.

13. Part III of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention.