In Danish health and safety law, the employer's responsibility to ensure a safe and healthy workplace for all employees is paramount. Employers are required to identify potential risks, implement preventative measures, and provide training and supervision.

The Danish Working Environment Act (Arbejdsmiljøloven)

The Danish Working Environment Act is the primary legislation that outlines the rules for health and safety in the workplace. The Act aims to create a safe and healthy working environment, prevent accidents and work-related diseases, and integrate worker health and safety into the design and performance of work.

The Danish Working Environment Authority (Arbejdstilsynet)

The Danish Working Environment Authority is the main enforcement body for health and safety. Their responsibilities include issuing guidelines on health and safety, inspecting workplaces, issuing improvement or prohibition notices, and imposing fines.

Employer Obligations

Employers have a wide range of health and safety obligations. These include conducting a comprehensive risk assessment, implementing prevention and control measures, providing health and safety training, establishing mechanisms for employee involvement in health and safety matters, designing and maintaining a safe workplace, safely handling and storing dangerous chemicals, providing first aid facilities and trained personnel, and reporting accidents and serious incidents.

Employee Rights

Employees have the right to receive information about health and safety risks and preventative measures, refuse work they believe is dangerous, and participate in health and safety matters through Health and Safety Representatives and Health and Safety Organizations.

Specific Regulations

In addition to the general provisions of the Working Environment Act, specific regulations address particular hazards. These include regulations on manual handling operations and ergonomics, controlling and protecting workers from excessive noise levels, risks associated with hand-arm and whole-body vibration, risks associated with computer work, and safety in the construction industry.

Occupational health and safety (OHS) is a critical aspect of any workplace, and in Denmark, it is governed by the Danish Working Environment Act. This legislation mandates employers to provide a safe and healthy workplace, and employees to actively participate in creating a positive working environment.

Shared Responsibility and Cooperation

Danish OHS emphasizes shared responsibility between employers, employees, and government agencies. Cooperation among these parties is crucial for effective OHS management.

Health and Safety Organization

Companies with at least 10 employees must establish a Health and Safety Organization. This organization includes Health and Safety Representatives, elected by employees, and Health and Safety Managers, appointed by the employer. This organization works collaboratively to identify workplace hazards, implement preventive measures, develop safety policies, and promote overall OHS awareness.

Risk Assessment

All Danish workplaces, regardless of size, must conduct a written risk assessment (Arbejdspladsvurdering or APV) that systematically identifies and evaluates potential risks to workers' health and safety. The APV covers both the physical work environment (machinery, chemicals, ergonomics) and psychosocial hazards (stress, workload, harassment). Based on the APV findings, employers must develop and implement a plan to mitigate the identified risks.

Specific OHS Requirements

Denmark has detailed regulations addressing various workplace hazards and industries. These include physical hazards such as noise, vibration, chemical exposure, ergonomic risks, and machinery safety. Psychosocial hazards such as workload and stress, bullying and harassment, and violence and threats are also covered.

Employee Rights and Responsibilities

Employees have the right to be informed about workplace hazards and receive adequate training to perform their jobs safely. They can refuse work if they believe it poses an imminent danger to their health and safety. Employees have the right to be involved in OHS decision-making through health and safety representatives. They also have a duty to cooperate with their employers in implementing OHS measures and to follow safety instructions.

Proactive Approach to OHS

Denmark places a strong emphasis on a proactive approach to workplace safety and health. This involves leadership commitment, where management at all levels must demonstrate a visible commitment to OHS, integrating it into business operations. Active employee participation in identifying hazards and developing solutions is essential. Workplaces should constantly strive to improve their OHS performance through ongoing monitoring and refinement of their OHS systems.

Workplace inspections are a crucial part of maintaining a safe and healthy work environment. In Denmark, the Arbejdstilsynet is the primary agency responsible for overseeing these inspections, ensuring compliance with the Danish Working Environment Act and associated regulations.

Types of Workplace Inspections

There are several types of inspections conducted by the Arbejdstilsynet:

• Regular Inspections: These are conducted periodically based on the industry and a company's risk profile.
• Targeted Inspections: These focus on specific working environment issues such as chemical safety, ergonomics, and psychosocial risks.
• Follow-up Inspections: These verify if previous improvement notices have been adequately addressed.
• Special Inspections: These are triggered by accidents, serious complaints, or suspected illegal activity.

Inspection Criteria

The criteria for Danish workplace inspections cover a wide range of areas:

• Physical Hazards: This includes machinery safety, electrical safety, noise levels, lighting, and ventilation.
• Chemical Hazards: This involves the handling, storage, and labeling of hazardous substances.
• Ergonomic Hazards: This includes manual handling, repetitive tasks, and awkward postures.
• Psychosocial Hazards: This covers workload, stress, bullying, and harassment.
• Major Accident Prevention: This involves systems in place to prevent and respond to serious accidents.

Inspection Procedures

The inspection process typically involves the following steps:

• Notice: Usually unannounced, but notification may be given for pre-inspection preparation.
• Opening Meeting: The inspector discusses the scope and purpose of the inspection.
• Walk-Through: The inspector observes work areas, processes, and interviews employees.
• Document Review: The inspector examines safety documentation, risk assessments, accident records, etc.
• Closing Meeting: The inspector summarizes findings and potential areas for improvement.
• Report: A formal report is issued detailing violations and required actions.

Follow-Up Actions

If violations are found during the inspection, several actions may be taken:

• Improvement Notices: These are issued when violations are found, requiring the employer to fix the problem(s) within a set timeframe.
• Prohibition Notices: These are issued for serious or immediate risks, halting the work activity until rectified.
• Fines: These may be imposed for significant or repeated violations.

Importance of Workplace Inspections

Regular inspections play a vital role in preventing accidents and injuries, improving working conditions, ensuring compliance, and promoting a safety culture.

Workplace accidents are a serious matter and require immediate attention. In Denmark, employers are legally obligated to report any workplace accidents that result in an employee's absence beyond the day of the accident. This report must be submitted to the Danish Working Environment Authority within nine days of the employee's first day of absence. The reporting is typically done through the EASY system, which requires a NemID employee signature. Foreign service providers without a Danish business identifier can report via a special EASY access point using their RUT number.

Investigating Workplace Accidents

When an accident occurs, the employer must take immediate steps to secure the accident site, prevent further harm, and provide first aid to injured employees. They also have a responsibility to conduct a thorough investigation into the causes and circumstances of the accident. This involves gathering evidence, interviewing witnesses, and analyzing safety procedures. In cases of serious accidents or fatalities, the Danish Working Environment Authority will initiate its own investigation.

Compensation Claims

Employees injured in workplace accidents in Denmark are entitled to compensation for loss of earnings, medical expenses, and possible permanent disability. Employers are obligated to maintain industrial injury insurance to cover these compensation claims. The injured employee (or sometimes their employer) files a claim with the Labour Market Insurance. The Labour Market Insurance determines whether the injury qualifies as an industrial injury and the amount of compensation.

Important Notes

Time limits for reporting and filing compensation claims must be strictly observed. Employers must have a workplace safety plan and ensure employees receive appropriate safety training. Employees have the right to refuse to work in unsafe conditions.