Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Convention (n° 81) sur l'inspection du travail, 1947 - Danemark (Ratification: 1958)

The Committee duly notes the information supplied by the Government in its report for the period ending 31 May 2007 in reply to previous comments and the documentation attached, as well as the documentation received by the ILO in October 2008. It also notes the legislative developments which have occurred since 2005, particularly the consolidation of Act No. 268 of 18 March 2005 on the Working Environment, and Act No. 175 of 27 February 2007 amending the same Act with the texts adopted for their implementation.

Articles 10, 11, 12, 13 and 16 of the Convention.  Good practice in monitoring occupational safety and health. Impact of publicity given to enterprises and rational management of labour inspection resources. The Committee notes with satisfaction the procedure established by the Government with a view to ensuring rational and effective management of the human resources and means of the labour inspection services for monitoring the situation of enterprises with regard to occupational safety and health. The implementation of this procedure enables, firstly, the rapid identification of enterprises requiring closer inspection by the Working Environment Authority and, secondly, the granting of a mark of recognition to enterprises which have distinguished themselves with a high level of occupational safety and health. The Committee hopes that dissemination of the details of the procedure in six languages on the Working Environment Authority’s web site (www.at.dk) will set an example for the labour inspectorates of other countries.

In 2005, the Working Environment Authority focused its inspection activities on four priority areas: (1) enterprises performing activities entailing a high risk of fatal or serious accidents; (2) enterprises where the work involves heavy lifting; (3) enterprises performing activities involving repetitive or monotonous movements; and (4) enterprises performing activities entailing psychological risks. However, additional unannounced inspections may also be undertaken to prevent enterprises from considering that they are not subject to inspection and failing to take the necessary safety and health measures.

The procedure that has been established entails an initial evaluation of occupational safety and health conditions by means of screening based on investigations undertaken by the inspection services, individual evaluations carried out in writing by the enterprises themselves and compliance with legal obligations such as the establishment of a safety department in enterprises employing more than ten workers. All enterprises liable to inspection are screened periodically.

When the results of the screening are published on the Authority’s web site, the date of screening and a symbol are displayed beside the name of each enterprise that has been screened. The symbols used are a series of “smileys” which clearly show the situation of the enterprise in terms of safety and health, as follows:

–           a green “smiley” means that the enterprise is considered to have no issues or only minor issues in relation to safety and health and therefore does not require any specific inspection;

–           a yellow frowning “smiley” means that the enterprise has some safety and health issues and requires advice from a health and safety consultant with a view to rectifying them;

–           a red frowning “smiley” means that an enterprise has major issues, necessitating advice from the Working Environment Authority and has received an improvement notice with a fixed deadline.

The yellow or red symbol is removed from enterprises which have resolved the issues in question with the assistance of the Working Environment Authority.

–           a green “smiley” with a crown indicates enterprises which, at their own request, have been inspected by the qualified bodies of the Working Environment Authority, have fulfilled the special conditions imposed for this purpose and obtained a safety and health certificate which is valid for up to three years. Barring exceptional cases, these enterprises are exempt from screening.

The publicity given to the results of screening and to the awards made for particular achievements by enterprises in terms of safety and health conditions clearly acts as an incentive for enterprises seeking to promote a positive public image.