Solicitud directa (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

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

2. Article 1 of the Convention. Scope of application and excluded branches. The Committee notes that the Working Environment (Consolidation) Act No. 497 of 29 June 1998, as amended, up to Act No. 442 of 9 June 2004 (WEA), is applicable to all branches of economic activity and that, under section 3 of the WEA, aviation, shipping and fishing are excluded from the scope of application. It notes that the WEA is applicable to aviation as regards work performed on the ground and to fishing and shipping as regards loading and unloading of ships and shipyard work carried out on board and similar work. The Committee notes with interest that extensive legislation has been adopted for each branch in order to provide adequate protection to these workers, in particular Notification No. 918 of 18 November 2003 respecting working environment conditions for crewmembers on duty on aircraft and for the employers and the technical regulation of occupational safety and health in ships of 1 July 2004, adopted by the Maritime Authority (Søfartsstyrelsen). The Committee further notes Act No. 292 of 10 June 1981 on offshore installations including oil-drilling activities on the Danish continental shelf and the Government’s reference to a series of implementing regulations applicable in this area. The Committee also notes that the Government indicates that special rules apply to road transport. The Committee requests the Government to provide with its next report copies of regulations applicable to occupational safety and health issues for workers on offshore installations, as well as relevant legislation applicable to road transport.

3. Article 2. Excluded categories of workers. The Committee notes that, pursuant to section 2(2) of the WEA, workers employed in the employer’s private household and work being performed exclusively by members of the employer’s family who belong to the household are excluded from its application. It further notes that, as regards work being performed in the worker’s own home, the WEA is, in principle, applicable, but due to difficulties in supervising compliance, the application of certain sections of the WEA have been excluded by Notification No. 247 of 2 April 2003 on Exemption from the Application of the Working Environment Act in respect of Work Performed in the Employee’s Home. Notification No. 559 of 17 June 2004, concerning the performance of work further prescribes that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, are applicable to homeworkers, even when work is not being performed for an employer. The Committee notes that, under section 57 of the WEA, the Ministry of Employment (Beskæftigelsesministeriet) may issue rules restricting working time for work involving special risks to safety and health. The Committee requests the Government to provide information with its next report on whether the Ministry of Employment has issued any rules reducing the working time for work involving special risks to safety and health.

4. Article 4, paragraph 1. National policy. The Committee notes the Government’s statement that the action plan adopted in 1996, "A clean working environment 2005", introduced, in 1999, a new structure for the cooperation between the social partners with four-year plans. The Committee asks the Government to provide detailed information with its next report on the restructuring of the cooperation between the social partners.

5. Articles 4, 7 and 9. Reform of the national system for occupational safety and health including reform of the labour inspection system. The Committee understands that, in May 2004, Parliament adopted an occupational safety and health reform entitled "A Safe and Healthy Working Environment for Employees and Enterprises", which has resulted in several amendments to existing legislation and to the issuance of new OSH legislation. The Committee notes with interest the comprehensive reform of the labour inspection system (section 72 of the WEA and implementing regulations) and that, as of 1 January 2005 and seven years onwards, the Danish Working Environment Authority will screen the health and safety conditions of all Danish enterprises with employees, that subsequently all enterprises will be screened approximately once every three years, and that enterprises prioritized for inspection will be screened approximately every two years. It also notes the provisions concerning different types of inspections including "adapted" inspections targeting enterprises having hazardous working environmental conditions, "detailed" inspections concerning specific problems or problem areas, including examination of work-related accidents, diseases and ailments, and the "supplier" inspections concerning safety and health for the users of one or more of suppliers’ product. The Committee further notes with interest the introduction of provisions requiring enterprises to seek consultancy advice and the mandatory publication of the status of enterprises’ health and safety conditions on the Working Environment Authority’s (Arbejdstilsynet) web site, under the so-called "Smiley Scheme". The Committee notes in this respect Notification No. 553 of 17 June 2004, concerning the use of authorized occupational safety and health consultants for a period of time (period notice), Notification No. 554 of 17 June 2004, concerning the use of authorized occupational safety and health consultants to solve specific health and safety problems (problem notice), Notification No. 555 of 17 June 2004, concerning the approval of authorized occupational safety and health consultants to assist enterprises to apply requests to use counselling, and Notification No. 1497 of 20 December 2004, respecting disseminating information on enterprises’ occupational safety and health work (the Smiley Order). The Committee requests the Government to provide detailed information with its next report on the practical application of this reform, results obtained and measures taken or envisaged, in order to minimize the causes for hazards inherent in the working environment, including statistical information on the number of screenings and labour inspections carried out, the findings and remedies.

6. Article 6. Authorities. The Committee notes that, under the WEA, the Working Environment Authority is the supreme authority in the field of OSH responsible for advising the labour market actors and the general public on working environment matters and for issuing rules with the Ministry of Employment (Beskæftigelsesministeriet). The Working Environment Authority shall be informed of technical and social developments, examine plans for working processes, workplaces, technical equipment, substances and materials, and issue licences under the Act or administrative orders. The Working Environment Authority is responsible for supervising the application of working environment legislation. In this respect, the Committee notes that, under section 72b of the WEA and Notification No. 1156 of 25 November 2004, on the limitation of the working environment’s supervision of the application of certain working environment rules, that employers’ and workers’ central organizations may, in their collective agreements, conclude that the supervision of certain OSH rules shall be carried out within the rules of the collective bargaining system. The Committee asks the Government to provide information on any centrally concluded collective agreements where it has been agreed that the supervision of the application of occupational safety and health legislation should be dealt with in the collective bargaining system.

7. Notification No. 1477 of 20 December 2004, respecting the rules applicable to the Working Environment Council (Arbejdsmiljørådet), states that this Council is the forum where the labour market partners discuss and cooperate regarding working environment issues and participate in the correction and implementation of joint working environment activities through recommendations of the Ministry of Employment. Notification No. 1476 of 20 December 2004, respecting the Working Environment Council’s activities for the work environment regulates more in detail the activities to be carried out. The Committee further notes that the Working Environment Institute (Arbejdsmiljøinstituttet) is an independent research institute carrying out research in the field of OSH. It also notes that the Working Environment Research Fund (Arbejdsmiljøforskningsfonden), established under Notification No. 1408 of 15 December 2004, states that its task is to improve working environment research to give support to research and improvements in the working environment, in order to prepare and, through this, prevent, limit and reduce the exclusion of persons from the labour market due to work-related accidents, etc. The Committee requests the Government to provide detailed information with its next report on measures taken or envisaged by the different authorities to implement the national policy on occupational safety and health, including copies of reports, guides and guidelines issued to help employers and workers to comply with their legal obligations.

8. Article 8. National legislation. The Committee notes with interest the extensive legislation that has been adopted ensuring the application of the Convention. In addition to the legislation referred to in this request, it notes Notification No. 96 of 13 February 2001, on the design of permanent workplaces; Notification No. 290 of 5 May 1993, on the design of mobile workplaces; Notification No. 589 of 22 June 2001, respecting the organization of construction sites and similar workplaces; Notification No. 1109 of 15 December 1992, of work carried out with technical tools, as amended up to Notification No. 727 of 29 June 2004; Notification No. 559 of 4 July 2002, respecting special duties for producers, suppliers and importers of substances and materials under the Working Environment Act, as amended up to Notification No. 497, of 27 May 2004; Notification No. 292 of 26 April 2001, respecting work with substances and materials (chemical agents), as amended up to Notification 496 of 27 May 2004; and Notification No. 1503 of 21 December 2004, on working environment training. The Committee asks the Government to provide information with its next report on any amendments introduced or any new legislation adopted.

9. Article 9. Labour inspection and penalties. The Committee notes that the WEA states that violation may lead to fine or imprisonment of up to one year, which may be increased to two years if the contravention was committed deliberately or with gross negligence (section 82). It also notes that Notification No. 107 of 28 February 2002, concerning the application of administrative fines for violations of the Working Environment Act, introduces the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA (sections 1 and 2). The Committee requests the Government to provide information with its next report on any penalties being issued under these provisions, including the number of times the administrative procedure has been made use of.

10. Article 11. Notification of occupational accidents and diseases. The Committee notes that, under Notification No. 33 of 20 January 2003, on reporting of occupational accidents to the National Working Environment Authority, employers are obliged to report within a time period of nine days for any work-related accident or poisonings having resulted in inability to work for one day or more (section 1). The Committee requests the Government to provide statistical information with its next report on the number of accidents reported as from the entry into force of Notification No. 33 of 2003.

11. Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee notes the Government’s statement that, as part of implementation of the action plan "A clean working environment 2005", work is being carried out to make a plan on how the working environment training can be strengthened within the vocational training system and a number of more advanced training programmes, such as the engineering education. The Committee requests the Government to provide detailed information with its next report of the results obtained in including OSH issues at all levels of education and training.

12. Article 19. Cooperation at the level of the undertaking. The Committee notes that Notification No. 575 of 21 June 2001, concerning enterprises’ occupational safety and health activities, as amended up to Notification No. 1506 of 21 December 2004, states that enterprises with ten or more employees shall organize their occupational safety and health activities in an internal safety organization and that all employees (excluding managers and supervisors) shall be included (section 2). In enterprises with less than ten workers, it is the employer who is responsible for the safety organization. The Committee also notes that Safety Committees shall be established in enterprises with more than 20 workers and that, in other enterprises, the supervisor of a department of special field activities shall create safety groups or joint safety groups. The Committee requests the Government to provide information with its next report on measures taken or envisaged by internal safety organizations to give effect to the national policy.

13. Part III of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention.