Notice On Cooperation In The Field Of Safety And Health

Original Language Title: Bekendtgørelse om samarbejde om sikkerhed og sundhed

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133285

Overview (table of contents) Chapter 1 Scope and purpose of Chapter 2 companies without health and safety organization Chapter 3 companies with occupational safety and health organisation Chapter 4 Agreements Chapter 5 Elections and the appointment of members of the occupational safety and Health Organization Chapter 6 the employer's other duties Chapter 7 occupational safety and health training Chapter 8 Central AMO selection Chapter 9 waiver and appeal Chapter 10 Penalty Chapter 11 entry into force, etc., The full text of the notice on cooperation on security and sundhed1)

Under section 6, section 6 d, paragraph 4, section 6 (e), section 7, paragraph 3, section 7 (a), paragraph 3, section 8 (a) and section 9, paragraph 2, article 20, paragraph 2, § 73 and section 84 of the Act on occupational safety and, see. lovbekendtgørelse nr. 1072 of 7. September 2010, fixed Chapter 1 Scope and purpose section 1. The notice applies to work for an employer, see. law on occupational safety § 2 and § 3.

(2). The provisions of §§ 32-33 on cooperation between several employers that lets work to perform in the same work place, also applies to work performed for an employer.

§ 2. Safety and health work of the company is carried out through cooperation between the employer, the labour leaders and other employees.

(2). Cooperation should create the framework for the strategic and the operational safety and health tasks in the company. With strategic thought the overall, planing, forward-looking and coordinating tasks, see. section 17, paragraph 2. With operational believed the daily tasks, see. § § 18, paragraphs 2 and 19.

Chapter 2 companies without health and safety organization section 3. In enterprises with 1-9 employees are not required to have safety and Health Organization, see. However, section 7.

(2). The employer must in these companies ensure that cooperation in the fields of safety and health can take place. Cooperation is achieved by continuous direct contact and dialogue between the employer, if any, labour leaders and the other servants.

§ 4. Employer in enterprises without safety and Health Organization, each year in collaboration with the employees and any labour leaders implement an OSH discussion where participants 1) shall organise the content of cooperation in the fields of safety and health for the coming year, 2) establishes how cooperation must take place, 3) assesses whether the previous year's goals are reached, 4) defines the objectives for the coming years of cooperation and 5) are debating whether there is the necessary expertise on occupational safety to present in the company.

(2). The employer must be for the Labour Inspectorate in writing could demonstrate that the annual safety and health discussion has taken place.

§ 5. Employer in companies without health and safety organisation must ensure that employees receive all the necessary information of importance for safety and health, and to ensure that employees are given access to submit proposals concerning safety and health.

(2). The employer must ensure that workers are consulted in the planning and introduction of new technologies, including on the implications for health and safety in the choice of equipment, personal protective equipment and technical AIDS, etc.

Chapter 3 companies with safety and Health Organization Establishment of an occupational safety and health organisation



§ 6. In enterprises with 10 or more employees, cooperation on security and health in a health and safety organisation.

(2). Occupational safety and health organization includes all employees in the company.

§ 7. At work, in whole or in part, performed on temporary or changing work locations outside of the company's permanent place of work, including construction work, cooperation in the fields of safety and health take place in a health and safety organisation, when 5 or more employees working for the same employer at udearbejdsstedet, and the work is carried out for a period of at least 14 days.

§ 8. All employees who are not business managers or supervisors in accordance with occupational health and Safety Act § 23 and § 24, account shall be taken in accordance with §§ 6, paragraphs 1, 7, and 12.

(2). For Office work, other administrative work and at work in the shops and the like, shall be taken into account in accordance with §§ 6, paragraphs 1, 7, and 12 only employees who work 10 hours or more a week.

(3). Employees only is supposed to carry out a particular construction work on a temporary or changing work place, shall not be taken into account in accordance with § § 6, paragraph 1, and 12 at the company's permanent place of work.

(4). By seasonal activities, cooperation on security and health in a health and safety organisation, when 10 or more employees are employed simultaneously in at least 3 out of 12 consecutive months.

Annual safety and health discussion



§ 9. Employer businesses with occupational safety and health organisation shall each year, in cooperation with the members of the occupational safety and health organization implement an OSH discussion where participants 1) shall organise the content of cooperation in the fields of safety and health for the coming year, 2) determines how the cooperation is to take place, including forms of collaboration and meeting intervals, 3) assesses whether the previous year's goal is reached and 4) defines the objectives for the coming years of cooperation.

(2). The employer must be for the Labour Inspectorate in writing could demonstrate that the annual safety and health discussion has taken place.

OSH organisation in 1 level



§ 10. In enterprises with 10-34 employees and work within the scope of section 7, where there are 5-34 employees, the employer must establish a health and safety organisation in 1 level.

(2). Occupational safety and Health Organisation consists of 1 or more supervisors and 1 or more selected OSH representatives with the employer or his representative as Chairman. The President must be able to act on behalf of the employer in health and safety issues.

(3). The required number of members in the work environment the Organization shall be determined pursuant to § 16. There must be at least the same number of representatives as labour leaders in occupational safety and Health Organization.

(4). If one or more members is not present, the members present health and safety organization's tasks. Measures taken in the Member's absence, must be notified as soon as possible.

§ 11. A health and safety organisation in 1 level to carry out both the strategic, IE. overall, the tasks pursuant to section 17, paragraph 2, no. 1-2 and 4-12, and the operational, i.e. daily tasks pursuant to section 18 (2). 1-6 and section 19, as in establishments with occupational safety and health organisation in several levels is undertaken by respectively. health and safety groups and the Working Environment Committee.

OSH organisation in several levels



§ 12. In companies with 35 or more employees, the employer shall establish a safety and health organisation in two levels consisting of 1) 1 level with one or more health and safety groups and 2) 1 level with one or more health and safety Committee.

(2). An OSH group consists of 1 appointed labour leader and 1 selected occupational safety and health representative.

(3). A health and safety Committee consists of managers and health and safety representatives working from one or more health and safety groups with the employer or his representative as Chairman. The President must be able to act on behalf of the employer in health and safety issues.

(4). The number of occupational safety and health groups in a health and safety organisation shall be determined pursuant to § 16. At work within the scope of § 7 However, create 1 or more OSH groups at each udearbejdssted.

(5). Companies can create health and safety organization in more than 2 levels section 13. Through the establishment of an occupational safety and health group will be considering, in which part of the company health and safety group shall carry out its tasks. The company's occupational health and safety groups should collectively cover all employees throughout your organization, see. § 6 (2).

(2). If labour leader and health and safety representative is not present at the same time, protects the health and safety of the group member present tasks. Measures taken in the other's absence, must be communicated to this as soon as possible.

§ 14. Is there 1 or 2 occupational health and safety groups in the company, occupational safety and Health Committee of the occupational safety and health group consists or OSH groups ' members. There are more than 2 occupational health and safety groups, select safety and health representatives among themselves 2 members, and leaders in occupational safety and health working groups between themselves 2 members to the health and safety Committee. The Presidency shall be held by the employer or his representative.

(2). Occupational health and safety Committee members are elected for 2 years. Elected alternate members of the Committee on safety and health at work in accordance with the same rules as for the election of members of the Committee on occupational safety and health regulation. (1). If a supervisor or a health and safety representative shall cease as a member of a safety and health group, terminated the concerned as a member of the occupational safety and Health Committee. Are there in your company entered into an agreement pursuant to section 25 (4), for a term of Office for occupational safety and health representatives on more than 2 years, this term also applies to the health and safety Committee members.

§ 15. By construction work on the provisional places of work, the employer shall establish a safety and Health Committee for the temporary place of work when the employer has 35 or more employees employed on site for a period of at least 4 weeks.

(2). Members of a safety and health group created pursuant to section 7, have the right to vote and to stand for election to the OSH Committee referred to in paragraph 1 and without prejudice to the Security Council. notice of Developer's obligations.

Occupational safety and health organisation size




§ 16. The employer shall establish, in collaboration with the employees and the requisite number of members and leaders of labour health and safety groups in the occupational safety and health organisation based on a principle of subsidiarity.

(2). The number of members and OSH groups must be fixed in such a way that health and safety organisation at any time can carry out its tasks in a satisfactory manner in relation to 1) the company's management structure, 2) other business structure, including geographical location, size and location, 3) the company's occupational health and safety conditions, including the nature, danger, risks and positive work environment factors, 4) work organisation, 5) specific forms of employment and 6) other considerations that affect occupational safety and health tasks in occupational health and safety organization.

(3). The number of health and safety representatives must also be laid down, so that all employees can get in touch with their health and safety representatives, and so that the employees can discuss safety and health with members of the occupational safety and health organisation within the employees ' working time.

(4). The number of labour leaders in occupational safety and Health Organisation must be established, so as to ensure knowledge of the company's production and performance.

Occupational safety and Health Organization's strategic, IE. General tasks



§ 17. The strategic, IE. overall tasks are carried out by the Committee on safety and health at work, without prejudice to article. However, section 11.

(2). The tasks consist of: 1) planning, directing and coordinating the company's cooperation on security and health. Occupational safety and Health Committee shall conduct the necessary activities for the protection of workers and the prevention of risks.

2) implement the annual safety and health discussion, see. § 9.

3) Check health and safety work and to ensure that health and safety groups are informed and guided accordingly.

4) participate in the preparation of the company's risk assessment, including the involvement of sick leave, in accordance with the applicable principles of prevention, see. notice on the execution.

5) participate in the establishment of safety and health the Organization's size, see. § 16.

6) Advise the employer about the solution of security and health issues and about how the working environment be integrated into the company's strategic direction and day-to-day operations.

7) ensure that the causes of accidents, poisoning and health damage as well as attempts to do so are examined, and ensure the implementation of measures to prevent recurrence. Occupational safety and Health Committee shall annually prepare a comprehensive overview of accidents, poisoning and damage to health in the company.

8) keep abreast of legislation on the protection of employees against health and safety risks.

9) Establish principles for sufficient and necessary training and instruction, adapted working conditions at the company and the employees ' needs, as well as ensure that verification of compliance with the instructions still.

10) Advise the employer of the company's capability development plan, see. § 39.

11) arrange for the preparation of a plan of the occupational safety and health organisation structure with information about members, and ensure that employees will be familiar with the plan.

12) Contribute actively to the coordination of the work of the safety and health of other enterprises, when performing work at the same workplace.

(3). When the Working Environment Committee advises the employer, and the employer does not follow the Committee on occupational safety and Health Council, have the right to a statement of the reasons therefor within 3 weeks.

Occupational safety and Health Organisation's operational, i.e. daily tasks



§ 18. The operational, i.e. daily tasks performed by the occupational safety and health group within the company, as part of the occupational safety and health group covers, see. However, section 11.

(2). The tasks consist of: 1) undertake and participate in activities for the protection of workers and the prevention of risks.

2) Participate in the planning of health and safety work and participate in the preparation of the risk assessment, including the involvement of sick leave, in accordance with the applicable principles of prevention, see. notice on the execution.

3) check that the working conditions are safety and health fully justifiable.

4) verify that there be given effective training and instruction tailored to the needs of employees.

5) Participate in the investigation of accidents, poisoning and health damage as well as attempts to do so and notify them to the employer or his representative.

6) Affect the individual to a behavior that promotes own and others ' safety and health.

7) Act as point of contact between the workers and the Working Environment Committee.

8) Submit the security and health problems, such as occupational safety and health group cannot solve, or which are of a general nature for the company, for the safety and Health Committee.

§ 19. Occupational safety and health group will face risks in connection with safety and health problems that have arisen and to inform the Chairman of the Committee on occupational safety and health or the management of the establishment, if the risk cannot be dealt with on the spot.

(2). Where there is no time to notify the safety and Health Committee Chair or the company's management, and occupational safety and Health Group estimates that there is talk of an imminent substantial danger to the health and safety of employees, as it cannot avert, OSH group stop working or the workflow to the extent necessary in order to avert the danger. Occupational safety and health group shall immediately give notice of the suspension to the occupational safety and Health Committee Chair or the company's management and explain why work cessation was necessary.

Chapter 4 Agreements § 20. The provisions of §§ 9-10 and § § 12-16 shall not apply to the extent that in order to strengthen and streamline the company's cooperation on security and health 1) is an agreement between one or more workers ' organizations and the employers ' organisations or States facing or employers or those they appoint for that purpose and 2) to the undertakings covered by an agreement entered into under point 1. 1, an agreement has been concluded between the employer, including any labour leaders and the employees of the company or the employees in a part of the company.

(2). The employer must be able to demonstrate to the Labour Inspectorate, the company is the subject of an agreement pursuant to paragraph 1. Enterprise agreement in accordance with paragraph 1, nr. 2, must be in writing, and be available to the employees of the company.

(3). An agreement on the organisation of cooperation in the field of health and safety in accordance with paragraph 1 shall be without prejudice to the fulfilment of the tasks, functions, duties and rights, etc., which are specified in the notice.

(4). An enterprise agreement, entered into in accordance with paragraph 1, nr. 2, must ensure that the organisation of the company's cooperation in the field of health and safety in accordance with the company's structure and that the modified organizing forces and streamlines collaboration.

(5). Enterprise agreement must at least contain the following elements: 1) Description of the activities/methods that can be used to ensure that the modified the organisation of cooperation in the fields of safety and health strengths and streamlines fulfilment to functionality.

2) Description of a procedure for the implementation and follow-up of business agreement at the company.

3) description of how the tasks and functions is carried out, including the workers and labour leaders ' participation in health and safety work.

4) description of how Enterprise agreement can be modified and terminated.

5) summary of the agreed organization of cooperation in the fields of safety and health in the form of an organizational chart.

§ 21. A health and safety organisation may include 1) more operationally connected undertakings, 2) several employers in the same work place, or 3) municipalities or regions and self-governing institutions, which the municipality or region has entered into an operating agreement with.

(2). Organisation referred to in paragraph 1 is subject to 1) that is entered into an agreement pursuant to section 20 of each of the undertakings which are the subject of the joint occupational safety and Health Organization, 2), the employer of each of the undertakings which are the subject of the joint occupational safety and health organisation, even participating or designate at least one employee to represent one of the common health and safety organization, 3) in addition, the participant at least 1 selected OSH representative without prejudice to article. § 25, from each of the companies that are covered by the joint occupational health and safety organization, 4) there are at least the same number of representatives as labour leaders in occupational safety and Health Organisation and 5) the total number of members of the joint occupational safety and health organisation is sufficient for the occupational safety and Health Organization can perform the daily, planing and coordinating tasks in a satisfactory manner in all the participating companies.

§ 22. With a view to strengthening cooperation in the fields of safety and Health Committee, the cooperation between the Contracting Parties and local occupational safety and health organisation can tasks in connection with safety and health is carried out by a cooperative body, if 1) there is an agreement within the meaning of section 20, and 2) persons who are chosen to carry out health and safety work, represented in the collaborative body.

§ 23. Working environment-and Union delegate work can be undertaken by one and the same person, if 1) elections to the safety and health representative and Union representative, respectively is carried out separately, and 2) all employees who are not business managers or supervisors in accordance with occupational health and Safety Act §§ 23 and 24, are guaranteed the right to vote and to stand for election to the function as a health and safety representative, see. Article 25, paragraphs 2, 3 and 7.


§ 24. Questions about the interpretation of and breaches of the agreements entered into under section 20 shall be resolved in accordance with the usual industrial policies for the area. Breach of agreements concluded in accordance with article 20, paragraph 1, no. 2, however, can not be brought before the Labour Court, but is determined by professional arbitration.

Chapter 5 Selection and appointment of members of the occupational safety and Health Organization occupational health and safety representative



§ 25. In businesses that must establish a safety and Health Organization, see. § § 6-7, the employees select safety and health representatives in the number, which is provided under section 16 or consequences of an agreement on the organisation of cooperation in the fields of safety and health pursuant to section 20.

(2). The right to vote have all employees without managerial powers, see. However, section 8, paragraphs 2 and 3. Company managers and supervisors in accordance with occupational health and Safety Act §§ 23 and 24 do not participate in the elections.

(3). Choices made by the employees of the company, in that part of the company or at the temporary place of work, see. section 13, paragraph 1.

(4). The selection made is valid for 2 years, or until health and safety representative's employment is terminated within the company, in that part of the company or at the temporary place of work. There can be an agreement between the employer and the employees about that for future elections of the OSH representatives applies an extended election period, with a maximum of 4 years.

(5). If the safety and health representative is absent due to leave, illness or other absence for a continuous period of at least 4 months, you can select new occupational safety and health representative for the remainder of the parliamentary term or for a new legislature.

(6). Health and safety representative is protected against dismissal or other deterioration of its relationship in the same way as Union representatives within the case or equivalent professional area. Health and safety representative shall not be prejudiced by reason of the activities connected with his Office.

(7). In the case of a candidate and the validity of elections shall normally apply the rules for the election of Union representative within that or similar agreement area.

section 26. Disputes concerning occupational safety and health representative elections, a candidate and protection and the validity of the election, including questions about what rules apply, and whether the breach of or interpretation of the rules, be settled by the industrial dispute procedures or treatment, in accordance with article 3. law on labour law and Trade Union arbitration courts.

Arbejdslederen



§ 27. In businesses that must establish a safety and Health Organization, see. § § 6-7, the employer must designate the labour leaders in the number of which is determined in accordance with section 16 or consequences of an agreement on the organisation of cooperation in the fields of safety and health pursuant to section 20.

(2). The employer must know the designation of supervisors ensure that arbejdslederen has the requisite knowledge of the company, that part of the undertaking or the temporary place of work, see. section 13, paragraph 1.

(3). A labour leader who is part of occupational safety and Health Organisation, must not suffer disadvantages due to the activities associated with it.

(4). If a labour leader in occupational safety and health group made redundant after the expiry of any trial period, and that of one of the parties asserted that the dismissal is justified for safety or health conditions, the labour leader's conditions of employment in the notice period is not interrupted until the issue has been organised into negotiated in accordance with the rules within the agreement area or treated in accordance with the Danish salaried employees act rules of negotiation and mediation. Negotiation and mediation should be done as soon as possible.

Chapter 6-other obligations of the employer § 28. The employer must take the necessary measures to protect employees ' safety and health and for the prevention of safety and health risks, including information, instruction and training.

(2). The employer shall ensure that cooperation in the fields of safety and health be established, developed and maintained, so that the members of the occupational safety and Health Organization can solve the tasks satisfactorily. The employer shall ensure that the company's top management is represented in the company's health and safety organization.

(3). The employer must ensure that the members of the occupational safety and health organisation can participate in the company's planning of safety and health work within their territory, including the annual safety and health discussion and in the preparation of the company's risk assessment.

(4). In establishments with occupational health and safety organization, the employer shall ensure that occupational safety and Health Organisation follows up on serious accidents, severe poisoning or other health damage or attempts to do so, and when there are special circumstances which require follow-up.

(5). In establishments with occupational safety and health organisation in at least 2 levels, the employer shall ensure that the collaboration between the health and safety Committee and OSH groups is coordinated, and give members of the occupational safety and Health Organisation the opportunity to coordinate their cooperation.

section 29. The employer shall ensure that employees have the option of regular contact with the part of the occupational health and safety organization, which carries out tasks within their territory.

(2). If the safety and health representative or arbejdslederen in occupational safety and Health Organisation is not present, it is necessary to ensure that employees have the ability to summon a responsible representative of the company.

section 30. The employer must ensure that the occupational safety and health representatives and labour leaders in occupational safety and health organisation gets the time available to perform their duties, there are reasonable in relation to the nature of the undertaking concerned and its safety and health standard.

(2). The employer shall provide members of the occupational safety and Health Organisation the opportunity to acquire the necessary knowledge and training in safety and health issues.

(3). The employer must ensure that the necessary funds be made available for cooperation in the field of safety and health, and bear the costs of the health and safety representative's duties and including proving loss of income, expenses and loss of income in connection with necessary participation in training, in accordance with article 3. sections 34 and 36.

(4). Inconsistencies thereof is determined by industrial dispute procedures or treatment, in accordance with article 3. law on labour law and Trade Union arbitration courts.

(5). Occupational safety and Health Organization, see. § 10 or occupational health and safety Committee referred to in article 6. § 12 (1) (8). 2, must have access to the lists and the events described in the reports of the accidents on the company, prepared in accordance with the Ordinance on activities in accordance with the Ordinance on notification of accidents, etc. to the Labour Inspectorate. The same applies to the individual health and safety groups, see. § 12 (1) (8). 1, within their territory.

section 31. The employer must contact special expert for assistance in resolving the company's safety and health issues give the expert access to all necessary information of importance for safety and health in the company.

(2). Occupational safety and Health Organization, see. § 10 or occupational health and safety Committee and OSH group, see. section 12, paragraph 1, shall be consulted prior to contacting the special expert on assistance to the company in resolving health and safety issues affecting their area.

(3). The employer has a duty to make OSH organisation members familiar with the decisions taken by the Danish working environment authority has taken, and the injunction, which the Labour Inspectorate in writing has delivered. Occupational safety and health organisation members must also be acquainted with other written information about activities for protection and prevention from the labour inspectorate or other special experts.

Cooperation between employers and the other at the same work place



section 32. Several employers that lets work perform at the same work place, and everyone who is employed at the workplace, must work together to create safe and healthy working conditions for all workers.

(2). In order to coordinate their measures to address safety and health, employers inform each other about the risks associated with the individual employer's duties at the workplace. Each employer must disclose the information received to its staff, without prejudice. notice on the execution.

(3). By building and construction work of the participating employers or their representatives and health and safety representatives and labour leaders in occupational safety and Health Organisation at the construction site in the security meetings, convened by the developer.

section 33. Those who work at a place of work, where several employers leave work to perform, in addition to the rules that apply to the work they are to perform, also comply with the rules applicable for corporate collaboration, see. section 32, paragraph 1, as well as with regard to building and construction work also the rules of the order on the developer's obligations.

(2). Those who work in a foreign company area, in addition to the rules that apply to the work they are to perform, also comply with the rules on safety and health applicable to this business.

Chapter 7 occupational safety and health training Mandatory Health and safety training



§ 34. The employer must ensure that the occupational safety and health representatives and labour leaders in occupational safety and health organization implement or has implemented a mandatory health and safety training on 3 days, see. However, section 44, paragraph 4.


(2). Registration is carried out by the employer and must be made to providers of education covered by the approval and evaluation scheme, see. notice of approval of providers of mandatory health and safety training.

(3). Health and safety training must be completed within 3 months after the relevant safety and health representative or supervisor is elected or appointed.

section 35. Occupational safety and health representatives and labour leaders in occupational safety and Health Organisation has the right and the duty to participate in the mandatory health and safety training.

Additional health and safety training



§ 36. The employer shall provide health and safety representatives and labour leaders in occupational safety and health organization that has implemented the mandatory health and safety training in accordance with § 34, additional OSH training equivalent to 2 days during their first years of operation. Training will be offered and could be started within the first 9 months after the mandatory health and safety training is completed. The 2 days should be able to be completed within the first 12 months of the term.

(2). The employer shall in each of the subsequent years in term of offer occupational safety and health representatives and labour leaders in occupational safety and health organization supplementary education equivalent to 1 ½ day duration. Training will be offered and could be started within the same operating year.

section 37. Occupational safety and health representatives and labour leaders in occupational safety and Health Organisation has the right to additional health and safety training under section 36. Right to supplementary occupational health and safety training is not exploited in that year, the lapses.

section 38. The additional OSH training aims to ensure ongoing targeted update, which can strengthen the competences of occupational safety and health representatives and labour leaders in occupational safety and Health Organization. The additional OSH training must provide knowledge and skills that are relevant to occupational health work in the company.

§ 39. Employer businesses with health and safety organisation must ensure that the basis of the company's health and safety needs of developing a capability development plan for occupational safety and health representatives and labor leaders in occupational safety and Health Organisation concerning the supplementary training referred to in article 6. sections 36 and 38.

Chapter 8 Central AMO Committee § 40. Occupational safety and Health Council should establish a permanent Committee to follow developments in corporate cooperation in the field of health and safety and make proposals and initiatives for strengthening and enhancing the effectiveness of health and safety organization's function, including training.

(2). The composition and tasks of the Committee shall be determined by the occupational safety and Health Council.

(3). The main AMO-Committee members and their deputies are appointed for a period of time that coincides with the occupational safety and Health Council's term of Office.

(4). The Secretariat of the Central Committee of the AMO is handled by the Labour Inspectorate.

Chapter 9 waiver and appeal section 41. The Director of the labour inspectorate may for disciplines and professional areas or individual companies, where special conditions are fulfilled, authorise derogations from the individual provisions of the Ordinance, when it is deemed reasonable and justifiable and in so far as it is compatible with Directive 89/391/EEC of 12. June 1989 on the introduction of measures to encourage improvements in the safety and health of the worker during work.

§ 42. The Danish working environment service's decisions can be appealed in accordance with the law after publication on OSH section 81.

Chapter 10 section 43 Penalty. With less higher penalty is inflicted by law or other legislation on the working environment, is punishable by a fine or imprisonment for up to 2 years the who: 1) contravenes section 4, paragraph 2, § 5-7, section 9, paragraph 2, article 17, paragraph 3, article 25, paragraph 1, § 27, paragraph 1, § 28-34, § 36, § 39, and section 44 (6).

2) fails to comply with the injunction that the Labour Inspectorate has issued pursuant to the provisions of the Executive order.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 11 entry into force, etc.

§ 44. The notice shall enter into force on 17 December. October 2010.

(2). At the same time repealed Executive Order No. 575 of 21. June 2001 on corporate health and safety work.

(3). Safety representatives, who are elected before the entry into force of the Executive order, will continue in Office until their term expires, unless the safety and health organization established under Chapter 3 or Chapter 4 before this time. Doubts about the legal situation in these safety representatives be settled by the industrial dispute procedures or treatment, in accordance with article 3. law on labour law and Trade Union arbitration courts.

(4). The provisions of sections 34 and 36, paragraph 1, shall not apply to: 1) members of the occupational health and safety organization, which in the period 1. July 2001 – 1. October 2010 have implemented the existing mandatory health and safety training for the security group and members of the occupational safety and health organization that has implemented safety and health training for coordinators of work health and safety within the building and construction sector.

2) members of the occupational safety and Health Organisation, who in the period from the 1. January 1999 – 1. July 2001 has completed the then-current General safety training at 37 hours.

3) members of the occupational health and safety organization, which in the period 1. April 1991-31. December 1998 have implemented the then-current General safety training at 32 hours or the reduced safety training at 16 hours.

(5). section 34, paragraph 3, does not apply to members of the occupational safety and Health Organization, elected or appointed, but have not implemented the mandatory health and safety training before 1. October 2010. For these, the mandatory health and safety training in accordance with § 34, paragraphs 1 and 2 shall be carried out within 3 months after 1. October 2010, IE. before 1. January 2011.

(6). The employer shall provide health and safety representatives and labour leaders in occupational safety and Health Organisation covered by article 44, paragraph 4, nr. 1-3, additional training equivalent to 1 ½ day duration in each year of the term of Office.

The Labour Inspectorate, the 15. October 2010 Jens Jensen/Charlotte Skjoldager Official notes 1) Ordinance contains provisions implementing Council Directive 89/391/EEC of 12. June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work. EC Official Journal of 29. June 1989.