Consolidated Danish Working Environment Act*)

Part 5 - Performance of work

38.-(1) The work shall be planned, organised and performed in such a way as to ensure safety and health.

(2) Approved norms and standards of importance to safety or health shall be complied with.

39.-(1) The Minister for Employment may lay down further rules on the requirements which shall be complied with in order that the work may be said to have been planned, organised and performed in such a way as to ensure safety and health, including rules on:

(a)  measures relating to safety and health in connection with work, working processes and methods, e.g. to avoid collapses, falls, subsidence, vibration, radiation, noise, or risks of explosion or fire, or risks to health from gases, fumes, vapours, dust and smoke, heat, cold, smells, infections, or harmful working postures, movements or strains,
(b) prohibition against particularly dangerous work, working processes and methods, '
(c) posters or adequate marking.

(2) The Minister for Employment may also lay down rules on special work clothing and personal protective equipment and on who is to pay for the expenses incurred.

40. Where necessary to ensure the safety or health of the employees, the Minister for Employment may lay down rules providing:

(a) that plans for working procedures, processes and methods shall be worked out, and
(b) that such plans or modifications of such plans shall be submitted for the opinion or approval of the Danish Working Environment Authority before being implemented.

41. The Minister for Employment may lay down rules:

(a) providing that work which may involve substantial risks of accidents or disease may only be carried out by persons who have been specially trained, have passed a test, or who are above a certain age,
(b) with regard to employment of persons with physical or mental disabilities or diseases which may involve an increased risk of accidents or disease in connection with certain activities,
(c) with regard to restrictions on the right to allow employees to work alone.

41a.-(1) The Minister for Employment may lay down rules providing that a person whose professional qualifications have been acquired in a third country shall only be allowed to carry out work within the areas where specific training, education or examination is required if the Danish Working Environment Authority has recognised such person's professional qualifications.

(2) The Minister for Employment may lay down rules providing that a person who intends to work in Denmark on a permanent basis and whose professional qualifications have been acquired in another country within the EU, the EEA or countries with which the EU has entered into an agreement, shall only be allowed to carry out work within the areas where specific training, education or examination is required if the Danish Working Environment Authority has recognised such person's professional qualifications.

(3) The Minister for Employment may lay down rules providing that a person who intends to work in Denmark temporarily or periodically and whose professional qualifications have been acquired in another country within the EU, the EEA or countries with which the EU has entered into an agreement, shall have his/her professional qualifications checked beforehand with a view to obtaining recognition of said qualifications prior to commencing work within the areas where specific training, education or examination is required. This applies only when such work is important to public health and safety and if the purpose of the check is to avoid serious damage to the health and safety of the service recipient.

41b. The Minister for Employment may lay down rules providing that, upon request, the employer shall document to the Danish Working Environment Authority that the persons employed have the necessary qualifications to carry out such work where a specific training, education, examination, certificate, etc. is required.

Part 6 – Design and fitting out of the workplace

42.-(1) The workplace shall be in such a condition that it is safe and healthy.

(2) Approved norms and standards which are of importance to safety and health shall be complied with.

43. The Minister for Employment may lay down rules with regard to the design and fitting out of permanent, temporary, varying, and outdoor places of work, including rules on:

(a) work rooms, e.g. ceiling height, air space, floors, walls, ceilings, lighting, temperature, ventilation and noise,
(b) welfare facilities, etc., e.g. rest rooms and canteens, cloakrooms, locker rooms, lavatories, washing and bathing facilities and sleeping facilities and seating,
(c) means of exit, e.g. passages, gangways, staircases, and exits.

(2) The rules laid down in pursuance of subsection (1) above may provide that they shall also apply to persons letting or leasing buildings, premises, areas, etc.

44. Where necessary to ensure the safety and health of the employees, the Minister for Employment may lay down rules providing that:

(a) projects, etc. for the building or reconstruction of enterprises shall be submitted to the Danish Working Environment Authority for its opinion or approval before they are implemented,
(b) plans for fitting out or altering premises, technical plant and equipment, etc. shall be submitted to the Danish Working Environment Authority for its opinion or approval before they are implemented,
(c) buildings, rooms, premises, etc. shall not be let out or leased for industrial purposes until the question of their suitability for the proposed purpose has been submitted to the Danish Working Environment Authority for its opinion or approval.

Part 7 - Technical equipment, etc.

45.-(1) Machines, machine parts, containers, prefabricated constructions, appliances, tools and other technical equipment shall be designed and used in such a way that they are safe and without risks to health.

(2) Approved norms and standards of importance to safety or health shall be complied with.

46. The Minister for Employment may lay down rules on the design and use of technical equipment, etc., including rules on:

(a) construction, manufacture, installation, registration and testing,
(b) submission to the Danish Working Environment Authority of plans for construction, manufacture or installation for its opinion or approval,
(c) approval by the Danish Working Environment Authority of technical equipment before it is supplied or made available to the user or put to use,
(d) use, maintenance, and tending.

47. The Minister for Employment may lay down rules prohibiting the manufacture, import, supply, transfer, display and use of particularly dangerous technical equipment.

Part 8 - Substances and materials

48.-(1) Substances and materials with properties which can be hazardous to, or in any other way adversely affect, safety or health, may only be produced and used in working processes and methods which effectively protect the employees against accidents and diseases.

(2) Approved norms and standards of importance to safety or health shall be complied with.

49.-(1) The Minister for Employment may lay down further rules concerning the manufacture, import, storage, transportation and use of substances and materials with properties which may constitute a hazard to or in any other way adversely affect safety and health, including rules concerning packing, repackaging and labelling.

(2) The Minister for Employment may lay down rules prohibiting the manufacture, import, and use of particularly dangerous substances and materials.

49a.-(1) With a view to preventing and addressing health problems and injuries from accidents in the working environment, the Minister for Employment may lay down rules providing that anyone manufacturing or importing a substance or material shall carry out examinations or acquire necessary documentation of previous examinations, and submit notifications. In this connection, rules may be laid down for all substances and materials, for individual substances and materials, for specific groups of substances and materials or for substances and materials for special applications.

(2) The following contents for the notification may be laid down:

(a) Information on conditions which are of significance to the assessment of the properties or effects of the substance or material, including whether it has properties which can be hazardous to, or in any other way adversely affect, safety or health.
(b) Proposals for classification, packaging, and labelling.
(c) Information on preventive measures which effectively secure employees against adverse effects on safety and health.

(3) It may further be laid down that new substances and materials may be utilised no sooner than one month after the date of the notification. There shall be opportunity to extend this time limit in situations where the notification is incomplete or in error, such that the substance or material may be utilised no sooner than one month after the information the notification is to contain has been received.

(4) The Minister for Employment shall lay down rules for the establishment, operation, and use of a register of substances and materials.

49b. The Minister for Employment may lay down rules providing that technical data sheets and similar which are issued by the manufacturer or importer of substances and materials shall contain all important information on the effects of the substance or material on safety and health in the working environment.

49c.-(1) The Minister for Employment may lay down rules providing that a substance or material which can be hazardous to, or in any other way adversely affect, safety or health may not be utilised if it can be substituted with a non hazardous, less hazardous or less problematic substance or material.

(2) The Minister for Employment may lay down rules providing that substances or materials which can be hazardous to, or compromise, safety and health may not be utilised for specific purposes or within specific areas, before an opinion or approval from the Danish Working Environment Authority has been issued.

Part 9 - Rest periods and rest days

50.-(1) The hours of work shall be organised so as to allow a rest period of at least 11 consecutive hours within every period of 24 hours.

(2) The rest period may be reduced to eight hours in the case of:

(a) change of shifts in enterprises with several shifts when it is not possible to hold the daily or weekly rest period between the end of the work of one shift and the start of another shift,
(b) agricultural work up to 30 days in any calendar year.

(3) The rules in subsections (1) and (2) above shall not apply to loading and unloading mainly carried out by casual workers and necessary activities incidental hereto. The Minister for Employment may lay down rules for a minimum rest period before the relevant employee returns to work after completing overtime.

51.-(1) Within each period of seven days, the employees shall have a weekly 24-hour period off which shall be in immediate connection to a daily rest period. The weekly 24-hour period off shall, as far as possible, fall on a Sunday, and, as far as possible, at the same time for all employees at the enterprise.

(2) The rules in subsection (1), 2nd sentence, above do not apply to agriculture or horticulture.

(3) For work caring for people, animals, or plants, and for work which is necessary to preserve objects of value, the weekly 24-hour period off may be deferred and replaced by a corresponding period off later, when this is necessary for reasons of protection or to ensure continuous provision of services or sustained production. The Minister for Employment may lay down further rules on this matter.

52. Where the normal operation of an enterprise is being, or has been, disturbed by acts of nature, accidents, breakdowns of machinery or similar unforeseeable events, the provisions of sections 50 and 51 may be set aside to the necessary extent. The fact that the provisions have been set aside shall be recorded in the inspection book or any similar documentation.

53. For trades, sectors, or special types of work, where special conditions make it necessary, the Minister for Employment may lay down rules concerning:

(a) the daily rest period, including concerning reductions in the daily rest period to eight hours, and concerning the timing of the rest period, and
(b) the weekly 24-hour period off, including adjustments to the 24-hour period off.

54. Sections 50 and 51 shall apply to persons in senior positions and to representatives and agents working outside the permanent premises of the enterprise only to the extent laid down by the Minister for Employment.

55. The Minister for Employment may lay down rules concerning the conditions under which sections 50 and 51 may be departed from by agreement.

56. In situations where there are variations to rules under sections 50 to 55, corresponding compensatory rest periods or 24-hour periods off shall be provided, or appropriate protection shall be provided in exceptional circumstances of such a nature that it is not possible to provide compensatory rest periods or 24-hour periods off. The Minister for Employment may lay down that the 1st sentence above does not apply to persons in senior positions.

57. The Minister for Employment may lay down rules concerning reduced working hours in respect of work which may involve a special risk to safety and health.

58. The rules laid down in pursuance of sections 53 and 57 may apply to any person who is a driver or a member of the crew of a vehicle, including persons who are not engaged in work for an employer.

Part 10 - Young persons under the age of 18

59. The rules in this part shall apply to work performed by young persons for an employer, including work which is mentioned in section 2(2)(a) and (b).

60.-(1) For the employment of young persons under the age of 18, planning, organisation and performance of work shall take account of the age, development, and health of the young person, as well as the work’s effect on schooling or other education.

(2) Young persons who are under the age of 15, or who are subject to compulsory education shall not perform work.

(3) The Minister for Employment may lay down further rules concerning employment of young persons, including fixing a higher age limit than 15 years for specific types of work with a view to ensuring that work can be performed in a safe and healthy manner. Special rules may be laid down for young people receiving education.

(4) The Minister for Employment may lay down rules providing that occasional or short-term work which is either performed in the private household of the employer, or exclusively by members of the employer’s family who belong to the household, including agricultural enterprises, are exempt from the provisions of subsection (2) above and sections 61 and 62, subject to other conditions and restrictions which may exist. Such work shall not involve danger to the safety and health of the young person.

(5) By stating conditions and restrictions, the Minister for Employment may lay down derogations from the age limits provided for in subsection (3) above for young persons who are members of the family or household of the employer, including agricultural enterprises, due to the special knowledge of agriculture the young person may have.

(6) Furthermore, the Minister for Employment may also lay down rules providing that

(a) young persons who have reached the age of 13 years may undertake light duties within limited types of work, and under specific conditions and restrictions,
(b) the prohibitions in subsection (2) above and section 61 may be departed from for young persons who have reached the age of 14 years and who work as part of their education course, and
(c) the prohibitions in subsection (2 ) above and sections 61 and 62 may, under specific conditions and restrictions, be departed from in respect of young persons taking part in performances, etc. of a cultural or artistic nature, sports events, or film making, or similar provided that permission has been obtained in each case for young persons under the age of 13 years.

(7) When employing young persons under the age of 15 years or young persons who are receiving compulsory education, the employer shall inform the young person’s parents or guardians of the employment, including working hours, and risks of disease or accidents which may be connected with the work as well as measures implemented concerning safety and health.

(8) When employing young persons under the age of 18 years, the employer shall inform the local authority with a view to offering educational guidance. Such information shall be reported after the young person has been employed full time for a period of three consecutive months. Notification shall not be made if the employment is part of an educational course. After consultation with the Minister of Education, the Minister for Employment may lay down further rules on obligations regarding the duty to provide information and educational guidance.

61.-(1) The hours of work for young persons under the age of 18 must not exceed the normal working hours for adults employed in the same sector, and working hours must not exceed eight hours per 24-hour period and 40 hours per week.

(2) Daily working hours for young persons under the age of 15 years, or young persons subject to compulsory education, must not exceed two hours on school days, and seven hours on other days than school days. However, young persons who have reached 15 years, but who are subject to compulsory education, may work eight hours on days which are not school days. The total working hours per week may not exceed 12 hours in weeks with school days, and 35 hours in weeks other than school weeks. However, young persons who have reached 15 years, but who are still subject to compulsory education may work 40 hours in weeks other than school weeks. Children who are under 15 years, but who are no longer subject to compulsory education may not work for more than seven hours per day and 35 hours per week.

(3) If daily working hours exceed 4½ hours, young persons under 18 years shall have a rest period of at least 30 minutes. Such rest period shall be at an appropriate time, and, if possible, continuous.

(4) Young persons under the age of 18 shall not work between the hours of 8.00pm and 6.00am.

(5) The Minister for Employment may lay down rules concerning:

(a) the organisation of working hours, including calculations in cases where young persons work as part of an education course, or where young persons work for more than one employer,
(b) the extent to which subsection (1) above may be departed from for young persons who have reached the age of 15 years and who are no longer subject to compulsory education,
(c) that young persons who are subject to compulsory education shall have a period in the school holidays which is entirely free of work, and
(d) that the provisions of subsection (4) above may be departed from for trades or sectors in situations where circumstances make it necessary or desirable for young persons who have reached the age of 15 years, and who are no longer subject to compulsory education. However, the young person must under no circumstances work between the hours of 12.00pm and 4.00am.'

62. Young persons under 18 years shall be allowed a rest period of at least 12 consecutive hours during a period of 24 hours. Young persons under 15 years, or young persons who are subject to compulsory education shall be allowed a rest period of at least 14 consecutive hours during a period of 24 hours.

(2) Within each seven-day period, young persons under 18 years shall be allowed two consecutive 24-hour periods off. If it is not possible to place the two 24-hour periods off consecutively, one 24-hour period off shall be immediately before or after a daily rest period. One of these 24-hour periods off shall, as far as possible, be a Sunday.

(3) For trades or sectors, or special types of work, in situations where circumstances make it necessary or desirable, the Minister for Employment may lay down special rules concerning:

(a) the duration of the rest period for young persons who have reached the age of 15 years and who are no longer subject to compulsory education, when the young person is allowed a compensatory rest period,
(b) postponement of a 24-hour period off for young persons who have reached the age of 15 years and who are no longer subject to compulsory education, when the young person is allowed a compensatory 24-hour period off,
(c) interruption of a rest period,
(d) restriction of 24-hour periods off, although the young person shall always be allowed no less than 36 consecutive hours off within each period of seven days.

62a. The Minister for Employment may also lay down rules concerning derogations from section 61(1)(c) and (d) in the circumstances mentioned in section 52 for young persons who have reached the age of 15 years and who are no longer subject to compulsory education.

Part 11 - Medical examinations, etc.

63.-(1) In respect of enterprises, trades, sectors or other groups of employees whose work involves a risk to the health of the employees, the Minister for Employment may lay down rules requiring:

(a) medical examination of the employees before they are employed, during their employment and after the termination of their employment - if necessary, at regular intervals, and
(b) regular or individual examinations or surveys of health conditions from the point of view of occupational medicine, occupational hygiene, etc.

(2) The Minister for Employment may lay down rules concerning similar examinations to establish whether a particular activity may involve risks to health.

(3) The costs in connection with such examinations shall be paid by the employer or the State according to rules laid down by the Minister for Employment.

(4) The employer shall ensure that the examination can take place without loss of earnings for the employees and, if possible, within normal working hours.

(5) Employees and former employees shall be under an obligation to undergo examination in accordance with the rules laid down.

64.-(1) The Minister for Employment may lay down special rules concerning medical examinations of young persons under the age of 18 with a view to their entering employment. The provisions of section 63 (3) to (5) shall be correspondingly applicable.

(2) The rules may provide that a school doctor shall make a medical certificate on the basis of an examination arranged before the pupil leaves school stating whether the pupil is or has been suffering from diseases which may influence his safety and health in the course of employment. Similar rules may be laid down for young persons under the age of 18 receiving vocational training.

(3) Furthermore, the rules may require that the employers on engaging a young person under the age of 18 shall satisfy themselves that the work for which the young person is employed is compatible with his health.

65.-(1) The Minister for Employment may appoint a representative Board of experts to make decisions according to the rules issued in pursuance of this Act on questions as to whether a young person under the age of 18 shall be allowed to perform a particular type of work considering his health.

(2) The decisions of the Board cannot be appealed to a higher administrative authority.

(3) The Minister for Employment shall lay down rules concerning the composition and activities of the Board and the financing of its activities.

Part 12 - The Danish Working Environment Council

66.-(1) The Working Environment Council shall participate in the organisation and performance of all working environment work by providing consultancy for the Minister for Employment and issuing recommendations to the Minister for Employment on:

(a) the overall objectives and setting of priorities for working environment work,
(b) allocations of the resources which are made available under section 68 between sector working environment councils and the Working Environment Council,
(c) following up the work of the Working Environment Council.

(2) The Working Environment Council shall on its own initiative discuss matters which it finds to be of importance to the working environment and shall give its opinion on such matters to the Minister for Employment. For the purpose of the Council's political discussions and setting of priorities, it may implement development and analysis activities of a cross-disciplinary nature. The Council shall issue opinions before the Minister for Employment approves sector working environment councils in pursuance of section 14(1).

(3) The Working Environment Council shall submit opinions on and proposals for amendments to acts and new rules. Through representatives appointed by the Council from amongst its members or from the outside, the Council shall participate in the drafting of rules subject to the authority provided in this Act. Furthermore, the opinion of the Council shall be obtained before such rules are laid down.

(4) Each year, the Working Environment Council shall submit a report to the Minister for Employment concerning developments in the working environment field and improvements which the Council considers desirable.

66a.  (Repealed)

67.-(1) The Working Environment Council shall consist of a chairman and the following other members:

(a) Six members proposed by the Danish Confederation of Trade Unions.
(b) Two members proposed by the Confederation of Salaried Employees' and Civil Servants’ Organisation.
(c) Two members proposed by the Confederation of Professional Associations.
(d) Four members proposed by the Danish Employers’ Confederation.
(e) One member proposed by the Association of Managers and Executives.
(f)  One member proposed jointly by the Confederation of Employers’ Associations in Agriculture and the Agricultural Council of Denmark.
(g) One member proposed by the Employers’ Association for the Financial Sector.
(h) Two members proposed collectively by the regions jointly with Local Government Denmark.
(i) One member proposed by the Ministry of Finance.

(2) The chairman and the other members of the council, as well as their proxies, shall be appointed by the Minister for Employment for a term of four years, and they may be reappointed. In cases where a member is reappointed during a four-year term, the appointment shall only apply until the expiry of that term.

(3) Decisions of the Working Environment Council shall be adopted by simple majority amongst members in attendance. In cases where voting is equal, the chairman shall have the casting vote.

(4) The following may attend meetings of the Council with one representative but without voting rights:

(a) The Ministry of Employment.
(b) The Danish Working Environment Authority.
(c) The National Research Centre for the Working Environment.
(d) The National Board of Industrial Injuries.
(e) The Danish Ministry of the Interior and Health.

(5) The Council may set up working committees and appoint members for such committees, also from outside the Council itself.

(6) The Council may procure expert opinions and initiate inquiries for the purpose of its work.

(7) The Minister for Employment shall approve the rules of procedure of the Council.

(8) The Minister for Employment shall establish a secretariat for the Working Environment Council.

(9) The Minister for Employment shall establish a working environment knowledge centre and may lay down more detailed rules in this respect.

Part 12a - Financing the working environment work of the social partners

68.-(1) Funding for the performance of the activities of the Working Environment Council, and the work of the sector working environment councils to improve the working environment, shall be procured through contributions, cf. subsections (2), (3) and (6) below, from the State, the Labour Market Occupational Diseases Fund, insurance companies which issue industrial injury insurance as well as local authorities, regions and other employers which have been exempted from compulsory industrial injuries insurance, cf. section 48(1) to (5), and section 88 in the Industrial Injuries Insurance Act.

(2) The contribution under subsection (1) above shall appear in the annual Finance Act and shall comprise an amount of DKK 45 million. This amount shall be adjusted by the Minister for Employment on the recommendation of the Working Environment Council. The amount shall be appropriated proportionally to the organisations obliged to make contributions under subsection (1) above, on the basis of their share of the total payments for injuries and compensation for loss of ability to work which the National Board of Industrial Injuries has approved according to the Industrial Injuries Insurance Act in that year in which the contribution is levied.

(3) The contribution under subsection (1) above shall furthermore comprise an amount which totals two per cent of the total payments for injuries and compensation for loss of ability to work which the National Board of Industrial Injuries has approved according to the Industrial Injuries Insurance Act in the calendar year which is two years before the year of contribution. The amount shall be levied from the organisations obliged to make contributions under subsection (1) above, apart from the Labour Market Occupational Diseases Fund, on the basis of their share of the total payments for injuries and compensation for loss of ability to work which the National Board of Industrial Injuries has approved according to the Industrial Injuries Insurance Act in that year in which the contribution is levied.

(4) Irrespective of the insurance contracts entered into, the insurance companies may increase the premiums of compulsory industrial injuries insurance proportionately to cover the contributions under subsections (2) and (3) above.

(5) In order to cover contributions under subsection (2) above, the Labour Market Occupational Diseases Fund may increase contributions for compulsory insurance against sudden lifting injuries and occupational diseases.

(6) In addition to the State’s proportion of the contributions mentioned in subsections (2) and (3) above, the State shall provide an annual contribution which shall be laid down by the Minister for Employment.

(7) The Minister for Employment shall lay down further rules on the calculation, levy period and payment of the contributions under subsections (2) and (3) above.

68a.-(1) On the recommendation of the Working Environment Council, the Minister for Employment shall appropriate the resources obtained under section 68 and report on subsidy frameworks to the activities of the Working Environment Council and to the individual sector working environment councils. The Minister for Employment shall also lay down more detailed conditions for application of the resources.

(2) Within the reported frameworks for subsidies and the more detailed conditions for application, the Working Environment Council and the individual sector working environment councils shall lay down decisions on the activities which are to be executed.

(3) The Minister for Employment may determine that subsidies shall be withheld, cancelled or repaid, if the requirements for application of the resources are not complied with.

(4) Unused resources, including cancelled or withheld subsidies under subsection (3) above, shall be included in a new appropriation according to the rules in subsection (1) above.

(5) The Minister for Employment may lay down further rules concerning the payment of subsidies, presentation of accounts and subsequent adjustment, etc. The Minister for Employment may determine that subsidies be paid on account. Audit and accountancy shall be the responsibility of the Auditor General pursuant to the rules in the Danish Act on the Audit of the Public Accounts, etc.

68b.  (Repealed)

Part 13 - The Danish Working Environment Authority

69. The Minister for Employment shall be the supreme administrative authority in matters concerning the working environment.

70. The Danish 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. The Director General of the Danish Working Environment Authority shall lay down the division of responsibilities between the inspectorates.

71. The Director General of the Danish Working Environment Authority shall be in charge of the Danish Working Environment Authority.

72.-(1) It shall be the duty of the Danish Working Environment Authority:

(a) to advise enterprises, sector working environment councils, workers' and employers' organisations and the public in all matters concerning the working environment,
(b) to assist the Ministry of Employment in working out rules under this Act,
(c) to issue rules under the authority of the Minister for Employment,
(d) to be informed of technical and social developments with a view to improving the activities to promote safety and health in the working environment,
(e) to examine plans for working processes, workplaces, technical equipment, etc. and substances and materials and issue licences under this Act or administrative orders,
(f) to ensure that this Act and the rules laid down under the provisions of this Act are complied with, except sections 17a-c.

(2)  (Repealed).

72a. The Danish Working Environment Authority shall carry out screening of the health and safety conditions at enterprises with employees in order to identify enterprises in need of inspection. The screening shall also form the basis of such inspection.

(2) The Minister for Employment may lay down further rules providing that enterprises, which are able to document a safe and healthy working environment, shall be exempt from screening.

72b.-(1) The Minister for Employment may lay down rules providing that the Danish Working Environment Authority shall not be under an obligation to ensure compliance with rules issued pursuant to this Act when a similar obligation is covered by a collective agreement between a national authority or employers' organisation of the one part and a national employees' organisation of the other part.

(2) The employer shall document that a similar obligation is covered by a collective agreement, cf. subsection (1).

(3) Notwithstanding subsection (1), the Danish Working Environment Authority shall undertake to ensure compliance with the rules if the party to the collective agreement does not intend to initiate industrial disputes procedures due to violation of obligations covered by a collective agreement, cf. subsection (1).

(4) Notwithstanding subsection (1), the Danish Working Environment Authority shall undertake to ensure compliance with the rules in relation to employees who are not covered by a collective agreement.

(5) Subsections (1) to (4) shall not apply to agreements concluded pursuant to sections 8(4), 17c and 55.

73. The Minister for Employment may authorise the Director General of the Danish Working Environment Authority to exercise powers which have been conferred upon the Minister for Employment by this Act. In this connection the Minister for Employment may, after consultation with the Working Environment Council, provide that section 66(2), 2nd sentence, and (3) shall be set aside.

74.-(1) The Minister for Employment may direct that the activities of the Danish Working Environment Authority, to a specified degree, shall be transferred to another public authority or a private institution, and to what extent the Danish Working Environment Authority shall supervise such inspection activities.

(2) The Minister for Employment may lay down rules concerning the acceptance of tests and other documentation to prove that instructions on safety and health have been complied with.

(3) The Minister for Employment may lay down rules on the payment, possibly in the form of charges according to a fixed rate, for enquiries, etc. carried out or commissioned by the Danish Working Environment Authority.

(4) The Minister for Employment may lay down further rules providing that upon request the Danish Working Environment Authority may issue binding advance notice to employers, designers and consultants concerning the performance of a specific, planned job before it is commenced.

(5) The Minister for Employment may empower private enterprises to authorise health and safety consultants.

(6) The Minister for Employment may select private enterprises and public authorities to carry out approval and control tasks pursuant to EU legislation. The Minister for Employment may lay down rules on selection and on inspection and control of selected enterprises and authorities.

(7) The Minister for Employment may lay down rules on fees, including charge and payment, in settlement of costs incurred by the Danish Working Environment Authority for:

(a) approval and quality assurance of providers of health and safety training and the health and safety programme for health and safety coordinators in the building and construction sector, cf. section 8(2),
(b) processing of applications for binding advance notice, cf. section 74(4),
(c) processing of applications for empowerment to authorise health and safety consultants, for approval and control tasks and changes thereto, cf. section 74(5) and (6),
(d) processing of applications for authorisation as well as changes and control thereof, cf. section 13c.

(8) Interest of 1.5 per cent per month or a fraction of a month from the due date shall, pursuant to subsection (7), be paid on any fees to the Danish Working Environment Authority which are not paid on time. The fees shall be recoverable by execution.

(9) Fees to the Danish Working Environment Authority pursuant to subsection (7) shall be regulated automatically according to the general price and pay index.

(10) The Minister for Employment may lay down rules on payment to the party to which the Danish Working Environment Authority has delegated or assigned tasks, cf. sections 8(2) and 74(5) and (6).

74a.-(1) The Minister for Employment may lay down rules providing that a person whose professional qualifications have been acquired in a third country shall submit an application for recognition of his/her professional qualifications prior to commencing work within the areas where specific training, education or examination is required.

(2) The Minister for Employment may lay down rules providing that a person who intends to work in Denmark on a permanent basis and whose professional qualifications have been acquired in another country within the EU, the EEA or countries with which the EU has entered into an agreement, shall submit an application for recognition of his/her professional qualifications prior to commencing work within the areas where specific training, education or examination is required.

(3) The Minister for Employment may lay down rules providing that a person who intends to work in Denmark temporarily or periodically and whose professional qualifications have been acquired in another country within the EU, the EEA or countries with which the EU has entered into an agreement, shall submit a written notification to the Danish Working Environment Authority prior to commencing work within the areas where specific training, education or examination is required. However, this applies only when such work is important to public health and safety and if the purpose of the check is to avoid serious damage to the health and safety of the service recipient.

(4) The Minister for Employment may lay down rules on application and notification, including submission of proof of the professional qualifications.

(5) The Minister for Employment may lay down rules on submission to an aptitude test or completion of an adaptation period for persons whose professional qualifications have been acquired in a third country or in another country within the EU, the EEA or countries with which the EU has entered into an agreement.

(6) The Minister for Employment may lay down the rules necessary to comply with Denmark's EU law obligations in the areas covered by the training, education or examination requirements prescribed in this Act and the provisions laid down under this Act.

75.-(1) The Minister for Employment may lay down rules making it a duty to give notification of industrial accidents, cases of poisoning, occupational diseases and other matters of importance to the working environment.

(2) Any person who, in the course of public service or in the performance of a public function, obtains knowledge of matters which are in contravention of this Act or rules issued in pursuance of this Act shall inform the Danish Working Environment Authority.

(3)  Inspection bodies accredited for monitoring, periodic inspections, tests, etc., shall notify the Danish Working Environment Authority if they find that work equipment or parts of work equipment presents a hazard if no intervention is made. The Minister for Employment may lay down further rules on this matter.

(4) Any physician who finds, or has a suspicion, that a person has been exposed to harmful influences at his workplace shall notify such cases to the Danish Working Environment Authority. The Minister for Employment may lay down further rules in this respect.

76.-(1) Any person who is subject to obligations under this Act shall, on request, provide the Danish Working Environment Authority with all information necessary for the performance of its work.

(2) If there is specific reason to suspect that a legal person has committed an offence that may be punishable, the obligation for natural persons associated with the legal person to submit information pursuant to subsection (1) hereof shall apply to the extent that information is sought for the purpose of considering other matters than assessment of penalties, cf. section 10(2) of the Danish Act on Due Process in Connection with the Administration’s Use of Compulsory Intervention and Duties of Disclosure.

(3) The staff of the Danish Working Environment Authority shall, without a court order, but on production of proper identification, have access to public and private workplaces, cf. however subsection (4) below, to the extent required to enable them to execute their duties. The police shall provide the necessary assistance. Further rules for such assistance may be laid down by the Minister for Employment, after consultation with the Minister for Justice.

(4) Subsection 3 above shall not apply to inspection by the Danish Working Environment Authority of work of a non-commercial nature carried out by persons at their private residence, holiday residence, land associated hereto, vehicles, leisure vessels, and other property or items belonging to the household. The Minister for Employment may, however, lay down that the Danish Working Environment Authority may continue to carry out inspection and supervision of elevators and other lifting equipment as well as equipment under pressure without a court order.

(5) The staff of the Danish Working Environment Authority may, in performance of its work, without a court order demand presentation of all available documentation, including taking photographs and similar, and taking samples for further analysis or examination. The employer, or the employer’s representative, cf. sections 23 and 24, shall be informed of such action.

77.-(1) The Danish Working Environment Authority may direct that matters which are in contravention of this Act, or in contravention of rules or decisions in pursuance of this Act, be remedied immediately or within a specified period.

(2) Where the Danish Working Environment Authority finds it necessary in order to avert an imminent serious risk to the safety or health of the employees or any other persons, it may direct that the risk be eliminated immediately and in this connection direct:
(a) that those present shall leave the danger zone immediately,
(b) that the use of a machine, machine part, container, prefabricated construction, appliance, tool, or other technical equipment or a substance or material shall be discontinued, or
(c) that work as such shall be discontinued.

(3) The Director General of the Danish Working Environment Authority may direct that any person who has supplied or marketed technical equipment or personal protective equipment or a substance or material which turns out to present a risk to safety and health, despite being utilised in accordance with its relevant instructions, shall take the necessary measures to remedy the matter. In this connection the Director General may direct:
(a) that supply or marketing be discontinued,
(b) that the relevant technical equipment, personal protective equipment, substance or material be withdrawn from the market.

(4)  (Become effective on 29 December 2009) At the request of the European Commission, the Danish Working Environment Authority may direct that marketing of technical equipment be prohibited or restricted, or that the technical equipment be made subject to special conditions if
(a) the technical equipment by virtue of its technical characteristics presents the same risk as technical equipment where marketing is prohibited or restricted or where the technical equipment is made subject to special conditions, or
(b) the technical equipment has technical characteristics presenting a risk due to shortcomings in a harmonised standard.

(5)

(Become effective on 29 December 2009)

Part 15 - Penalties

82.-(1) Unless a more severe penalty is prescribed by other legislation, a person shall be liable to a fine or imprisonment of up to one year where he:

(a) contravenes sections 15, 15a, 16, 17(1) and (2), 18, 19, 20(1), 20a(1), 21(1), 23, 25 to 34, 37(1) and (6), 38(1), 42(1), 45(1), 48(1), 63(5), 75(4), 76(1) or the European Community regulations with respect to matters covered by this Act,
(b) allows work to be carried out in contravention of Parts 9 and 10, manages or supervises such work, or carries out work in contravention of Part 9,
(c) fails to comply with notices under section 77, section 77a(1) or
(d) fails to submit information under section 22(2).

(2) The penalty may increase to imprisonment of up to two years if the contravention has caused an accident resulting in serious personal injury or death.

(3) When setting penalties under subsection (1)(a) above, it shall, insofar as the employer has discharged his duties pursuant to Part 4 of the Act, be considered aggravating circumstances that employees intentionally or grossly negligently contravene the legislative requirements concerning

(a) use of personal protective equipment,
(b) use of extraction measures,
(c) use of safety equipment or safety measures,
(d) use of safe working methods or
(e) certificates for cranes and fork-lift trucks.

(4) Apart from the cases mentioned in subsection (3), when setting penalties under subsections (1) and (2) above, the following shall be considered aggravating circumstances:

(a) that the contravention has caused loss of life or health or brought about danger of such, without the contravention being covered by subsection (2) hereof,
(b) that an improvement notice under section 77(1) or (2) has previously been issued, or other decisions have been made by the Danish Working Environment Authority with respect to violation of the Act, for the same or similar conditions,
(c) that the contravention has resulted in, or was intended to result in, financial benefit for the person in question or another person, or
(d) that the contravention was committed deliberately or with gross negligence.

(5) Specially aggravating circumstances shall apply when young persons under the age of 18 are subject to loss of life or health, or brought into danger of such, cf. subsection (4)(a) above.

(6) If the benefits acquired through the contravention are not to be confiscated, fines and supplementary fines shall be set which take special account of the size of the benefits which were acquired or which were intended to be acquired.

(7) Section 23 of the Danish Criminal Code concerning complicity shall apply to the liability to penalty referred to in subsections (1) and (2) above.

(8) The time limits for liability to penalty shall be five years for contravention of sections 30 to 34, and for contravention of the rules issued in pursuance of section 35.

82a.-(1) In specific cases of infringements of working environment rules which are not judged to be subject to higher penalties than fines, the Minister for Employment may lay down rules on how the Danish Working Environment Authority may, in notification of a fine, declare that the case can be settled out of court. This applies if the party accused of the infringement admits his guilt and declares his willingness, within a given time limit, to pay the fine indicated in the notification of the fine. The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or the enterprise per se

(2) The provisions laid down in the Danish Administration of Justice Act on requirements concerning the content of indictments and on the right of the accused to remain silent, shall apply correspondingly to notifications of fines.

(3) Further prosecution shall be discontinued on acceptance of a fine.

(4) Accepted fines shall be subject to statutory distraint.

83.-(1) For contravention of sections 15, 15a, 16, 38(1), 42(1), 45(1), 48(1), and 82(1)(b) and (c) an employer may be liable to pay a fine even if he has not acted intentionally or negligently, cf. also subsection (3). The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or the enterprise per se. There shall be no alternative sentence in lieu of the fine.

(2) When setting the fine, section 82 (4) and (5) shall be applied.

(3) Insofar as the employer has discharged his duties pursuant to Part 4 of the Act, the employer may not be held liable to pay a fine if employees contravene the legislative requirements concerning

(a) use of personal protective equipment,
(b) use of extraction measures,
(c) use of safety equipment or safety measures,
(d) use of safe working methods or
(e) certificates for cranes and fork-lift trucks.'

84. Rules made in pursuance of this Act may provide for penalties in the form of a fine or imprisonment of up to two years in respect of contravention of provisions in the rules and contravention of improvement or prohibition notices in pursuance of the rules. Furthermore, it may be laid down that an employer who contravenes such provisions and notices as mentioned above may be liable to a pay a fine even if he has not acted intentionally or negligently. The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or the enterprise per se. There shall be no alternative sentence in lieu of the fine.

85. Liability to pay a fine under sections 83 and 84, 2nd sentence, may not be imposed on managers, etc., cf. section 23.

86. Criminal liability may be imposed on limited liability companies, etc. (legal persons) pursuant to the rules set out in Part V of the Danish Criminal Code. The provisions of section 83(3) shall be correspondingly applicable.

87. Where young persons under the age of 18 are employed in contravention of the provisions of this Act or any rules laid down in pursuance of this Act, the parents or guardian may be liable to pay a fine if the work has been carried out with their knowledge.

87a.  (Repealed).

Part 16 - Commencement, etc.

88.-(1) This Act shall enter into force on l July 1977. However, section 13 shall enter into force on 1 May 1978.

(2)  (Transitional provision has been omitted).

89.-(1) Acts No. 226, 227 and 228 of 11 June 1954 on Health and Safety at Work (General), Health and Safety at Work (Commercial and Clerical Activities) and Health and Safety at Work (Agriculture, Forestry and Horticulture), respectively, are hereby repealed.

(2) In respect of matters on which further rules shall or may be laid down administratively under this Act, the Minister for Employment may direct that the relevant provisions of the Acts mentioned in subsection (1) above shall remain in force, until they are replaced by provisions laid down under this Act. The same shall apply to rules laid down in pursuance of the said Acts and to rules which remain in force by virtue of section 76 of the Health and Safety at Work (General) Act.

(3) Contravention of the provisions which remain in force under subsection (2) above shall be punishable by fine or imprisonment of up to two years. Sections 83 and 85 to 87 shall be correspondingly applicable.

90. This Act shall not extend to the Faroe Islands or Greenland.

*) This Act contains provisions to implement Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work, Official Journal 1989 No. L 183, page 1, Council Directive 92/57/EEC of 24 June 1992 on the implementation of minimum safety and health requirements at temporary or mobile construction sites, Official Journal 1992, L 245, p. 6, certain provisions in Council Directive 94/33/EEC of 22 June 1994 on the protection of young people at work, Official Journal 1994, L 216, p. 12, provisions to implement Council Directive 03/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time, Official Journal 2003, L 299, p. 9, provisions to implement parts of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, Official Journal 2005, L 255, p. 22, Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (recast), Official Journal 2006, L 157, p. 24.