Notice Of The Publication Of The Corporate Work Environment, Etc.

Original Language Title: Bekendtgørelse om offentliggørelse af virksomhedernes arbejdsmiljø m.v.

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Overview (table of contents)



Annex 1



Smiley symbols, see. § 1 (1)


The full text of the notice of the publication of the corporate work environment, etc.

Under section 73 and paragraph 78 (a) of the law on work environment, see. lovbekendtgørelse nr. 1072 of 7. September 2010 shall be determined: aim and scope



§ 1. The purpose of the smiley scheme is external disclosure and thereby putting the spotlight on the individual enterprise working environment with a green, yellow, red smiley or smiley, see a penny. Annex 1, the Labour Inspectorate's website (URwww.at.dk).

(2). Green, yellow or red smiley will be assigned to the production units referred to in article 6. CVR-law definitions.

(3). Krone smiley will be assigned to the production units which are the subject of the certificate. Krone smiley will be assigned in addition to legal entities, see. CVR-law definitions, in the period in which all production units belonging to the legal entity at the same time have published a krone smiley.

(4). The notice applies to businesses with employees, in accordance with article 3. § 2 and § 3 of the law on the working environment.

(5). The notice shall also apply for builders, see. section 37 of the Act on occupational safety, in so far as they are covered by the registration law.

§ 2. The labour inspectorate shall publish by the name and address of the legal entity or the production unit's working environment, see. § 1 in the Labour Inspectorate's website on the basis of 1) result of supervision. For infringements of health and safety legislation please indicate also the or the topics that form the basis for the Danish working environment service's decisions, or 2) documentation for a good working environment recognised in accordance with the rules of the employment Minister, who at the time of entry into force of this order, a) a obtained certification by accredited certification or accredited inspection after the law on occupational health and safety certificate to companies, or (b)) a obtained certification by accredited certification in accordance with the Ordinance on the recognition of DS/OHSAS 18001, etc. as evidence of a good working environment.

(2). By decisions relating to infringements of health and safety legislation, including injunctive relief, with deadline for execution, as the Danish working environment authority has taken in the context of supervision on the production unit shall be the date after appeal deadline. By decisions of strakspåbud and ban, who do not have suspensory effect regardless of any complaint, however, publication takes place immediately.

(3). By decisions to carry out surveys, tests and inspections in accordance with article 21, paragraph 1, of the law on the working environment shall be allocated not smiley.

Companies that have achieved a recognised good working environment



§ 3. Production units and legal entities that have obtained a certificate under section 2 (1) (8). 2 (a) or (b) have the right to be assigned and published a krone smiley on the Labour Inspectorate's website. Publication is subject to the condition that the company would ask the Danish working environment authority to this effect, and 1) sends a copy of that certificate to the Labour Inspectorate, and 2) by accredited certification sends a statement that the company has entered into an agreement with a certification body that the certification body gives the Labour Inspectorate information thereon, if the certificate is stripped, suspended or cancelled.

(2). A Crown smiley assigned a production device removed: 1) if the Labour Inspectorate noting violations of health and safety legislation on the production unit in which the decision has been taken, and which results in a yellow or a red smiley, or 2) if certification body by accredited certification has given the labour inspection information that the production of the device certificate is stripped, suspended or cancelled, without prejudice. (1). 2. The provisions of paragraph 3. Krone smiley will be assigned again when 1) the Labour Inspectorate has received a feedback from the company to the effect that the mandatory conditions on the production unit, which has led to a yellow or red smiley, is complied with, see. However, section 5 and section 6, or 2) the accredited certification body has given the Labour Inspectorate indicating that the facts which formed the basis for the withdrawal or suspension of the company's certificate, see. (1). 2, no longer constitutes a deviation in relation to the company's occupational health and safety management system.

(4). Feedback in accordance with paragraph 3, no. 1, must be endorsed by the occupational safety and health organization or a representative of the employees, where the company does not have a duty to create health and safety organization.

Green smiley



§ 4. Green smiley will be assigned when the Danish working environment authority for a risk-based supervision on the production unit, 1) has not taken the opportunity to make decisions about violations of the occupational health and safety legislation, or 2) have found that decisions about violations of the occupational health and safety legislation is complied with, see. However, section 5 (1) and section 6 (1), after which the yellow and Red smiley will be assigned for a minimum period of 6 months.

(2). Green smiley contains a date for when a risk-based supervision on the production unit has been completed, or at the latest decision by the Danish working environment authority is complied with.

(3). Green smiley will be removed 5 years after the date of the most recent risk-based supervision on the production unit.

(4). Green smiley will be removed temporarily, if the production unit in the course of the 5-year-old publication period in connection with other forms than risk-based supervision receives supervisory decisions, resulting in a yellow or red smiley, see. sections 5 and 6. When the Labour Inspectorate receives feedback that these decisions are complied with, the company gets a green smiley again, until that's gone 5 years from the date of the most recent risk-based supervision on the production unit.

(5). If the Labour Inspectorate carry out a new risk-based supervision in a production unit, start a new 5-year publication period.

Yellow smiley



§ 5. Yellow smiley will be assigned for a minimum period of 6 months, when the Labour Inspectorate in connection with supervisory visits to the production unit has taken a decision on violations of the occupational health and safety legislation, unless the decision is governed by § 6.

(2). Yellow smiley is removed, see. However, paragraph 1, when the Labour Inspectorate has received a feedback from the company about 1) that strakspåbuddet or decision is complied with, or 2) to prescribed provisional measures are implemented, and a lasting solution to the problem of safety and health at work is begun.

(3). Feedback must be endorsed by the occupational safety and health organization or a representative of the employees, where the company does not have a duty to create health and safety organization.

Red smiley



§ 6. Red smiley will be assigned for a minimum period of 6 months, when the Labour Inspectorate in connection with supervisory visits in the production unit has issued injunctions in the form of prohibitions or have submitted orders for advice, see. Ordinance on the use of authorised health and safety advisors.

(2). Red smiley will be removed, see. However, paragraph 1, when the Labour Inspectorate has received a feedback from the company about 1) to ban or advisory order is complied with, or 2) to prescribed provisional measures are implemented, and a lasting solution to the problem of safety and health at work is begun.

(3). Feedback must be endorsed by the occupational safety and health organization or a representative of the employees, where the company does not have a duty to create health and safety organization.

Topics for occupational health and safety problems, which are the basis for decisions



§ 7. The subjects of violations of health and safety legislation, which provides the basis for decisions, resulting in yellow and Red smiley, published on the Labour Inspectorate's website.

Ordered supervision for the purposes of the award of the smiley



§ 8. A company can order a risk-based supervision with the Labour Inspectorate, if one or more of the company's production units: 1) has a green smiley, and continue to want to publish his work environment after the end of the publication period of 5 years or 2) doesn't have a green, yellow or red smiley.

(2). Ordered supervision is carried out not later than 6 months after the order is received by the Labour Inspectorate.

Entry into force, etc.



§ 9. The notice shall enter into force on the 1. January 2012.

(2). At the same time repealed Executive Order No. 255 of 20. March 2007 on the publication of the corporate work environment (Smiley-scheme).

(3). Green smiley, who is assigned to forward to and with 31. December 2011, is removed after 5 years, calculated from the date of the screening visit. The grant period expires before 30. June 2012, however, the grant period is extended to this date.

The Labour Inspectorate, the 8. December 2011 Jens Jensen/Charlotte Martin



Annex 1 Smiley symbols, see. § 1, stk. 1







 







Kronesmiley







 



 



 







Green smiley







 



 



 







Yellow smiley







 



 



 







Red smiley