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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.139, C.155 and C.187,C.162 and C.167

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 187 (promotional framework for OSH) in a single comment.

Application in practice of Conventions Nos 115, 139, 155, 162, 167 and 187. In reply to the Committee’s previous request, the Government refers to the reports published by the Danish Working Environment Authority (WEA) and provides detailed information on the number of OSH inspections undertaken, the number of enterprises visited, the number of employees covered, and enforcement outputs (improvement notices, prohibitions, fines proposed, cases presented etc) for the period 2018–20. Furthermore, the Committee notes that the number of reported occupational accidents increased from 42,709 in 2019, to 46,391 in 2020 and to 63,707 in 2021, which is the highest number of reported occupational accidents in the period 2016–21. The number of fatal occupational accidents that were registered to the WEA remained stable at 36 each year 2019–21. Regarding notified occupational diseases, the Committee notes that there were 17,000 in 2019, 15,500 in 2020 and 18,300 in 2021. The Government indicates that the rise in notifications of infectious diseases in 2020 and 2021 was related to the COVID-19 pandemic. The Committee also notes the Government’s reply to its previous request on the increase in the number of reported cases of work-related cancer that, since 2007, certain cases of work-related cancer are notified automatically which resulted in increased notifications. The Committee requests the Government to provide information on the causes of the increase in the number of reported occupational accidents. The Committee also requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number and type of violations detected and the penalties imposed. In particular, the Committee requests the Government to provide detailed information on the number of accidents and occupational diseases reported in the construction sector.

A. General provisions

Action at the national level

• National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National OSH policy and periodic review. In reply to its previous comments, the Committee notes the information provided by the Government on the results of the 2017 mid-term evaluation and the 2019 final evaluation of the aims of the 2012–20 OSH Strategy. The evaluations showed that the number of workers who reported being psychologically overloaded increased by 17 per cent from 2012 to 2018; the number of workers who experienced musculoskeletal disorders increased by 15 per cent from 2012 to 2016; and the serious occupational accidents decreased by 18 per cent from 2011 to 2014. The Government indicates that, following the negative trends observed in two of the aims set by the Government, it tasked an Expert Committee, comprised of researchers, OSH professionals and social partners’ representatives, to identify and recommend appropriate OSH initiatives. The Committee notes with interest that this resulted in the adoption of a new OSH Strategy in April 2019 (OSH Strategy 2020). The Government indicates that, through the OSH Strategy 2020, the Government and the social partners agreed on prioritised national OSH goals until 2030, including sector-specific targets agreed through dialogue with the Sector Working Environment Committees (BFAs). The OSH Strategy 2020 foresees regular evaluations and impact measurements as well as annual status meetings to evaluate progress. In this context, the Committee also notes the adoption of the Working Environment Act No. 2062 of 16 November 2021 (the Working Environment Act) which aims to create a safe and healthy physical and mental working environment. Welcoming the Government’s indications, the Committee requests the Government to continue providing information on the measures to implement and monitor the OSH Strategy 2020, as well as the arrangements made for its periodic review in consultation with the most representative organizations of employers and workers.

• National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. System of inspection. In reply to the Committee’s previous request, the Government indicates that the WEA continues to choose companies for basic inspections based on the level of OSH risks that they face, into account information about the industry, the size of the company, number of employees, reported occupational accidents and diseases as well as OSH related complaints. Furthermore, the WEA assesses the incoming reports and complaints and decides which to investigate further. The Committee refers in this respect to its comments adopted in 2022 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases. In reply to Committee’s previous request regarding measures taken to address the underreporting of cases of occupational diseases based on the reports of physicians and dentists, the Government indicates that, in 2021, the WEA conducted a campaign aiming to encourage general practitioners to report occupational diseases by contacting them directly. It also indicates that the obligation to report is underlined in the context of the ongoing cooperation with the Danish Society of Occupational and Environmental Medicine. The Committee requests the Government to continue to provide information on the measures taken to promote the notification of occupational diseases.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 12 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that under sections 2 and 3 of Order No. 10 of 5 January 2018 on medical examinations at work that may result in exposure to ionizing radiation, a medical examination is required for all workers who might be at risk of receiving an effective dose of radiation greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities. The prescribed medical examination shall be carried out prior to taking up such work and thereafter be followed by yearly medical examinations. The Committee takes note of this information which addresses its previous request.

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations of workers after the period of employment. In reply to Committee’s previous request, the Government indicates that although there is no provision for the examination of the state of health of workers after the period of employment, in the field of aviation who have been exposed to carcinogenic substances, Denmark’s healthcare system ensures necessary examination and treatment of workers, even after the period of employment. The Danish Health Authority in the field of radiation takes initiatives regarding further health examinations of crew. The Committee notes that according to sections 38 and 39 of the Executive Order on measures to prevent the risk of cancer when working with substances and materials, employees exposed to such substances and materials have access to occupational medical examinations at regular intervals even after their suspension, in accordance with the rules in Executive Order No. 1165 of 16 December 1992 on occupational medical examinations under the Working Environment Act. The Committee takes note of this information which addresses its previous request.

Asbestos Convention, 1986 (No. 162)

Article 11(2) of the Convention. Derogations from the prohibition of the use of crocidolite. In its previous comments, the Committee noted that, under section 2 of Order No. 1502 on Asbestos, it was prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions: (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 could continue to be marketed. The Committee notes the Government’s indication that the first exception regarding diaphragms for existing electrolysis plants was lifted pursuant to Order No. 1792 of 18 December 2015, which replaced the previous Order. In this respect, the Committee notes that, under section 3 of the new Order on Asbestos (No. 1792), buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed as long as: (i) the asbestos or the asbestos-containing material was legally installed; and (ii) the building, the facility, the technical aid, etc. was put into use before 1 January 2005. The Committee requests the Government to provide information on the implementation of this derogation in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 17(3). Consultation of workers or their representatives on the work plan. In reply to Committee’s previous comments, the Government refers to section 15(a)(3) of the Working Environment Act, according to which in the context of preparing a written workplace assessment of OSH conditions, the employer must involve the working environment organization or the employees in the planning, organization, implementation and follow-up of the workplace assessment. In this respect, the Committee notes the Government’s indication that the work plan for a demolition work is an elaboration of the general workplace assessment and therefore the involvement of the workers or their representatives is included. The Committee takes note of this information which addresses its previous request.

Article 18(4) to (5). Personal protective equipment (PPE). The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(4), that pursuant to sections 1(1) and (2) and 6 of the Executive Order No. 1706 of 15 December 2010 on the use of personal protective equipment, as amended, the employer is responsible for the cleaning and maintenance of PPE, including clothing, intended to protect workers against OSH risks, as well as for normal clothing which, due to the nature of the work, may be contaminated. In this respect, the Committee notes that under section 20 of the new Order on Asbestos, PPE must be checked, cleaned and placed in a specified place after use. Furthermore, the cleaning of PPE must be done separately with equipment suitable for the purpose. With respect to Article 18(5) of the Convention, the Committee notes the Government’s indication that under section 15 of the new Order on Asbestos, the employer should provide facilities for the workers exposed to asbestos to shower at the workplace. The Committee takes note of this information which addresses its previous request

Article 20(4). Workers or their representatives right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee notes the Government’s indication that, according to Chapter 9 of the new Order on Asbestos, employee representatives have to be consulted on the planning of the measurements of asbestos’ dust exposure and be informed of the results of the measurements. However, the Committee notes an absence of information on the right to request monitoring and the right to appeal. The Committee requests the Government to provide information on the measures taken, in law or practice, to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning theresults of the monitoring.

Article 21(4). Means of maintaining workers’ income. In reply to Committee’s previous request, the Government indicates that diseases caused by exposure to asbestos at work are recognized as occupational diseases in Denmark under the Workers’ Compensation Act No. 1186 of 19 August 2022. In this respect, the Committee notes that, under the Act, persons suffering from occupational diseases are entitled to a series of benefits, including reimbursement of expenses for medical care, rehabilitation, aids, compensation for loss of earning capacity and compensation for permanent injury. The Committee takes note of this information which addresses its previous request.

Article 22. Information and education. In reply to Committee’s previous request, the Government indicates a series of provisions in national legislation which aim to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos. With respect to Article 22(1) on information and education of all workers concerned, the Committee takes note of section 11 of the new Order on Asbestos according to which eemployees are provided with instructions on the dangers of asbestos, ways to perform work without risk, the use of personal protective equipment and the safe disposal of waste. The Committee takes also note of the Executive Order No. 2308 of 7 December 2021 on industry associations for working environment according to which industry associations provide industry specific information and guidance on OSH and can initiate and participate in company-oriented OSH activities within the industry. With respect to Article 22(2) on policies and procedures for education and training, the Committee notes the Government’s indication that, according to section 16 of the Order No. 1795/2015 on carcinogenic substances etc., as amended by Order No. 255/2019, the instructions regarding performance of work in safe manner and information about hazards of accidents and illness when working with carcinogenic substances must be supported by written material and to be repeated regularly. The Committee notes this information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 23(b) of the Convention. Work over water. Rescue of workers from drowning. In reply to the Committee’s previous request, the Government indicates that the obligation of employers to provide for measures to ensure the rescue of workers in danger of drowning where work is done over, or in close proximity to water, is ensured through the Executive Order No. 2107 of 24 November 2021 on building and construction work (Order on building and construction work). The Committee notes with interest that the Government indicates that according to section 7 read in conjunction with Appendix 1(5), the written workplace assessment to be prepared by the employer, must, where there is a risk of drowning, cover how this will be prevented including to the rescue workers of who risk falling into the water. Furthermore, the written assessment must, where relevant, include the requirements regarding first aid and alarm systems provided for in sections 43–45 of the Order on building and construction work. The Committee takes note of this information which addresses its previous request.

Article 35(b). Appropriate inspection services. In reply to Committee’s previous request, the Government indicates that the supervision of the building and construction industry was streamlined from November 2017 and targeted with a large number of building and construction sites being visited annually throughout the country. The Government specifies that inspections also focused, inter alia, on required OSH joint safety measures, the requirements that apply to the client regarding coordination in relation to OSH as well as rules aimed at designers and client consultants. The Committee takes note of this information which addresses its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 22(1) of the Convention. Structural frames and formwork. Supervision by a competent person. The Committee notes from the information provided by the Government in its report, in reply to its previous request, that section 27 of Executive Order No. 1516 on building and construction (16 December 2010), which provides that the mounting and dismantling of bearing structures must be done under the supervision of a specifically designated person who has received the necessary instructions and training, gives effect to this provision of the Convention.

Article 23(b). Work over water. With reference to its previous comment in which it requested the Government to provide information on the legislative provisions ensuring the rescue of any workers in danger of drowning where work is done over or in close proximity to water, the Committee notes the Government’s indication that, pursuant to section 23(2) of Executive Order No. 559 on the performance of work (17 June 2004), employers must ensure that the necessary measures are taken with regard to first aid, firefighting and evacuation of employees, taking into account the nature of the work. However, the Committee notes that section 23(2) does not expressly provide for measures to be taken with regard to the rescue of workers, as required under Article 23(b). The Committee therefore requests the Government to specify whether, under section 23(2) of Executive Order No. 559, employers have the obligation to provide for measures to ensure the rescue of workers in danger of drowning where work is done over, or in close proximity to water.

Article 35. Effective enforcement of the provisions of the Convention. Application in practice. The Committee notes the Government’s indication that since January 2012 inspections by the Working Environment Authority (WEA) are risk-based, and that all enterprises with two or more full-time employees and approximately half of the companies that have between one and two full-time employees will be inspected before the end of 2019. The WEA also conducts one-day actions which target construction sites in different parts of the country. In this regard, the Committee notes the statistical information provided by the Government, according to which the number of occupational safety and health improvement notices issued to construction enterprises by the WEA increased from 3,728 in 2010 to 6,392 in 2014. The Committee also notes that, while the number of occupational accidents in the construction sector has remained relatively stable between 2010 (4,517) and 2013 (4,698), the number of occupational diseases reported during this period has increased considerably, from 1,942 cases in 2010 to 3,749 cases in 2013. The Committee requests the Government to indicate whether an analysis of the causes of the increase in the number of occupational diseases in the construction industry has been undertaken and to provide information in this respect, as well as on any measures envisaged to address this increase. It also requests the Government to continue providing detailed information on the manner in which inspection services ensure the enforcement of the provisions of the Convention and on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report and in particular the numerous legislative amendments and executive orders adopted, guidelines developed, and new maximum penalties introduced for the violation of the Working Environment Act, which give further effect to the provisions of the Convention. The Committee further notes the references provided by the Government to relevant provisions giving effect to Articles 19, 25 and 27 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention.

Article 22(1) of the Convention. Structural frames and formwork. The Committee notes the response provided by the Government which indicates the relevant provisions of the Executive Order on the Performance of Work, the Executive Order on the Design of Technical Equipment and the Executive Order on the Use of Work Equipment, which give effect to the majority of the requirements under this Article. The Committee asks the Government to provide further information on the specific provisions which ensure that the erection of structural frames and components, formwork, false work and shoring are to be carried out only under the supervision of a competent person.

Article 23(b). Work over water. The Committee notes the response provided by the Government which indicates the relevant provisions of the Executive Order on the Conditions at Construction Sites and Similar Places of Work, which give effect to paragraphs (a) and (c) of Article 23. The Committee asks the Government to provide further information on the specific provisions which ensure the rescue of any workers in danger of drowning where work is done over, or in close proximity to, water, as required by paragraph (b) of Article 23.

Part VI of the report form. Application in practice. The Committee notes with interest the information provided by the Government on the special efforts being undertaken by the Working Environment Authority between 2007 and 2010, to carry out intense inspections in trades and enterprises where significant health and safety challenges exist; and the intention to use these inspections to put the focus on the working environment problems particularly related to ergonomics and the psychological working environment. Noting the high number of accidents (5,732) and diseases (902) reported in the construction industry in 2008, the Committee welcomes the information that during 2009–10 the building and construction trades will be the subject of the abovementioned special efforts. The Committee asks the Government to provide information on the outcome of the references efforts and to continue to provide information on the application of the Convention in practice.

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

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.