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

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

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to branches excluded under Article 1, paragraphs 2 and 3, the Committee understands that Act No. 292 of 1981 has been replaced by the Offshore Safety Act No. 1424 of 21 December 2005 (entering into force on 1 July 2006) and notes with interest that this Act and the numerous notifications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.