Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the detailed information supplied by the Government in its latest report. The Committee also notes the Government’s responses indicating effect given to Articles 2 and 8 of the Convention. The Committee asks the Government to keep the Office informed on relevant legislative measures undertaken with regard to the implementation of the Convention.

Articles 4, 7 and 9. Reform of the national system for occupational safety and health including of the labour inspection system. The Committee notes the detailed information provided by the Government concerning the practical application of the screening scheme (“Smiley Scheme”), together with clarifications on consultancy advice. The Committee notes, in particular, the information that this scheme allows for a primary judgement on the occupational safety and health (OSH) conditions of Danish enterprises, and subsequently ensures that enterprises needing a closer inspection receive an “adapted” inspection. The Committee also notes that inspections can result in a “consultancy notice” requiring the enterprise to call in an authorized OSH consultant to help solve their working environment problems. If the company would fail in resolving its OSH issues and there is an imminent and substantial danger to the safety and health of employees or others, the enterprise could be issued an order of prohibition of working. The Committee also notes that, according to the Working Environment Authority’s website (www.at.dk), on 11 November 2011, 93,223 enterprises had been screened, of which 2,769 had received the work environment certificate, 5,089 were marked with a yellow smile, meaning they needed to make adjustments within a period of time, and that 774 enterprises were required to seek consultancy advice. The Committee requests the Government to continue to provide up-to-date information on the “Smiley Scheme” and on the activities undertaken or envisaged in order to follow up, after its conclusion, in 2012, with the OSH screening of enterprises.

Article 6. Authorities. The Committee notes the Government’s reference to the adoption of four collective agreements dealing with psychosocial risks, one of which has however been suspended. The Committee further notes that the report is silent with reference to whether any disputes on OSH regulated in these collective agreements have been dealt with by the Labour Court. The Committee requests the Government to provide copies of the relevant collective agreement and reiterates its request that the Government provide additional information on whether any disputes on OSH issues based on the aforementioned collective agreements have been dealt with by the Labour Court.

Article 11. Notification of occupational accidents and diseases. The Committee notes the information provided that employers are required to take into account reported sick leave in the context of risk assessments conducted and that the Danish Working Environment Authority checks whether this has been the case. As the Committee understands it, information on long-term sick leave is used, inter alia, as an indicator of cases of burnout and is used to identify sectors with the greatest number of such cases. Businesses in such sectors are entitled to apply for funding in order to start up projects to prevent burnout. The Committee requests the Government to provide further information on the impact of these measures in order to address cases of burnout.

Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee notes that it is the Board of Working Environment that should ensure that the subject matter of OSH is included in the Danish educational curricula. However, the report is silent with reference to the concrete measures taken or envisaged in this respect. The Committee requests the Government to provide detailed information on concrete measures taken to ensure the application of this provision of the Convention.

Part IV of the report form. Application in practice. Based on information on the website of the Working Environment Authority (www.at.dk), the Committee notes that the number of occupational accidents appears to have decreased (from 47,106 in 2005 to 42,561 in 2009), while, in contrast with the previous report, the number of occupational diseases appears to have increased (from 13,967 in 2005 to 15,596 in 2009). The Government is requested to provide further information on measures taken to address the apparent increase in the number of occupational diseases and to provide any other relevant information on the application in practice of the Convention.