Working Environment Act.
Country
Type of law
Legislation
Date of original text
Date of latest amendment
Abstract
The present Act constitutes the basic legal framework regulating the State's efforts in relation to working environment problems in Denmark. Its objectives are to create: 1) A safe and healthy physical and mental working environment working environment that is at all times in line with the technical and social development of society; and 2) A basis on which enterprises can solve safety and health issues on their own with guidance from the labour market organisations and guidance and supervision from the the Danish Working Environment Authority (Arbejdstilsynet). The Act contains 90 sections divided into the following Chapters: 1) Purpose and scope; 2) Cooperation on safety and health; 3) Sector working environment councils; 4) General duties; 5) The performance of the work; 6) Design and fitting out of the work site; 7) Technical equipment, etc.; 8) Substances and materials; 9) Rest periods and rest days; 10) Young persons under the age of 18; 11) Medical examinations, etc.; 11 a) Approved work environment certificate; 12) The working environment council; 12 a) Financing working environment initiatives by the parties etc.; 13) The Working Environment Authority; 14) Right of appeals; 14 a) Mandatory digital communication; 15) Penalties; 16) Entry into force etc.The provisions of this Act shall apply to the shipping and fishing industries only as regards: loading and unloading of ships, including fishing vessels; and shipyard work carried out on board ships and similar work.
Safety and health work at the individual enterprise shall be carried out through cooperation between the employer, the supervisor and the other employees. Different rules apply depending on the size of the enterprise. The Minister for Employment shall approve a number of sector working environment councils which are to assist enterprises in one or several sectors with information and sector guidance on health and safety. Employees’ and employers’ organisations within the sectors covered by the individual sector working environment council shall each appoint an equal number of members to the council.
It shall be the duty of the employer to ensure safe and healthy working conditions. In this regard, the employer shall: ensure that there is effective supervision that work is performed safely and without risks to health; inform the employees of any risks of accidents and diseases which may exist in connection with their work; ensure that the employees receive the necessary training and instructions; ensure that cooperation concerning health and safety is possible and shall participate in such cooperation; have investigations, tests and examinations conducted, possibly by a specialist expert, in order to ascertain whether working conditions are appropriate for health and safety; etc.
Work shall be planned, organised and carried out in such a way as to ensure health and safety, and the work site shall be in such a condition that it is safe and healthy. Approved standards of importance to health or safety shall be complied with in these matters. The Minister for Employment may lay down more detailed regulations for these purposes. Machines and technical equipment shall be designed and used in such a way that they are safe and without risks to health. Hazardous substances may only be manufactured and used in work processes and methods which effectively secure employees against accidents and illness. The Act further lays down detailed rules on rest periods and rest days, including certain flexibilities for agricultural work. Flexibilities concerning child labour on agricultural enterprises are also included.
The Working Environment Authority shall be an agency under the auspices of the Ministry of Employment, and shall comprise a central unit and a number of regional inspectorates. Its duties are laid down in Section 72(1).
Safety and health work at the individual enterprise shall be carried out through cooperation between the employer, the supervisor and the other employees. Different rules apply depending on the size of the enterprise. The Minister for Employment shall approve a number of sector working environment councils which are to assist enterprises in one or several sectors with information and sector guidance on health and safety. Employees’ and employers’ organisations within the sectors covered by the individual sector working environment council shall each appoint an equal number of members to the council.
It shall be the duty of the employer to ensure safe and healthy working conditions. In this regard, the employer shall: ensure that there is effective supervision that work is performed safely and without risks to health; inform the employees of any risks of accidents and diseases which may exist in connection with their work; ensure that the employees receive the necessary training and instructions; ensure that cooperation concerning health and safety is possible and shall participate in such cooperation; have investigations, tests and examinations conducted, possibly by a specialist expert, in order to ascertain whether working conditions are appropriate for health and safety; etc.
Work shall be planned, organised and carried out in such a way as to ensure health and safety, and the work site shall be in such a condition that it is safe and healthy. Approved standards of importance to health or safety shall be complied with in these matters. The Minister for Employment may lay down more detailed regulations for these purposes. Machines and technical equipment shall be designed and used in such a way that they are safe and without risks to health. Hazardous substances may only be manufactured and used in work processes and methods which effectively secure employees against accidents and illness. The Act further lays down detailed rules on rest periods and rest days, including certain flexibilities for agricultural work. Flexibilities concerning child labour on agricultural enterprises are also included.
The Working Environment Authority shall be an agency under the auspices of the Ministry of Employment, and shall comprise a central unit and a number of regional inspectorates. Its duties are laid down in Section 72(1).
Attached files
Web site
Entry into force notes
This Act shall not extend to the Faeroe Islands and Greenland.
Notes
The attached English document an outdated version of the Working Environment Act (No. 1072 of 7 September 2010).
Repealed
No
Source language
English
Legislation Amendment
No
Original title
Bekendtgørelse af lov om arbejdsmiljø.