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

Safety and Health in Construction Convention, 1988 (No. 167) - Denmark (Ratification: 1995)

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

2. Articles 4, 8 and 12 of the Convention. National legislation, shared workplaces and situations of immediate danger. The Committee notes with interest the numerous legislative measures undertaken, among them the adoption of Order No. 589 of 22 June 2001 on the design of building sites and similar workplaces and of Order No. 574 of 21 June 2001 on the duties of project designers and consultants under the Working Environment Act. With respect to shared workplaces, the Committee notes the amendments to section 37 of the Working Environment Act (Consolidated Act No. 268 of 18 March 2006) and the adoption of Order No. 576 of 21 June 2001 on builders’ responsibilities, ensuring that the contractor cannot hand over her/his duty to cooperate, ensuring the application of Article 8 of the Convention. The Committee also notes with interest the introduction of section 17(a) to (c) of the Working Environment Act providing for the right of workers to remove themselves from danger and the obligation of employers not only to stop the operation and evacuate workers as appropriate, but also to ensure that workers are able to take appropriate measures themselves independently to avoid the consequences of serious and imminent danger. The Committee requests the Government to continue to provide information on legislative measures undertaken to ensure the application of the Convention.

3. Articles 19, 22, 23, 25 and 27. Preventive and protective measures. The Committee notes that the Government omits to provide information on preventive and protective measures undertaken to ensure the safety and health of workers in excavations, shafts, earthworks, underground works and tunnels (Article 19), structural frames and formwork (Article 22), work over water (Article 23), lighting (Article 25) and work carried out with explosives (Article 27). The Committee requests the Government to provide information in its next report on preventive and protective measures taken or envisaged with respect to Articles 19, 22, 23, 25 and 27.

4. Part VI of the report form. General appreciation of the application of the Convention. The Committee notes the Government’s statement that 154,163 workers were engaged in the building and construction industry in 1996, and that 4,406 accidents and 1,083 occupational diseases were reported in 1997. The Committee requests the Government to continue to provide information on the practical application of the Convention, including information from labour inspections, statistical information on the number of workers covered by the Convention, disaggregated by gender, and the number of occupational accidents and diseases reported.