What type of responses will Arbejdstilsynet provide?

If your company receives an improvement notice with a deadline, you must fix the health and safety issue by the specified date. You must also notify the Danish Working Environment Authority about how you have resolved the issue.

If your company receives an immediate improvement notice, the health and safety issues identified must be addressed immediately. 

There are three situations where an immediate order can be issued:

Imminent and significant danger

An immediate order for imminent and significant danger may require work to stop and not resume until it can be carried out in a fully safe and healthy manner. The Danish Working Environment Authority issues this type of order when there is an immediate risk of serious injury that requires urgent action.

Significant danger

This type of order is issued when the Danish Working Environment Authority assesses that a specific work situation poses a risk of serious injury to employees, such as in the event of an accident.

No significant danger

The Danish Working Environment Authority issues this type of order in two situations:

1. When an order must be followed immediately to be effective. This may apply, for example, in temporary workplaces.
2. When the notice is such that it must be complied with immediately, for instance, if the company has failed to use available safety equipment.

A company may receive a reprimand if the Danish Working Environment Authority finds a violation of health and safety rules that has been fixed before the decision is made, such as during the consultation phase.

A reprimand highlights the importance of following health and safety regulations and may lead to a higher penalty if similar violations have occurred before.

If the company has received a deadline or immediate notice, the Danish Working Environment Authority may offer additional guidance and the option to engage in a dialogue in order to help resolve the issue and improve health and safety conditions. The offer of additional guidance may include advice on how your company can address any areas of concern and improve overall health and safety in the workplace.

If the Danish Working Environment Authority suspects unsafe working conditions, it can issue an investigation notice. This means the company must facilitate inspections or provide samples to confirm the safety of the workplace. 

Investigation orders are usually issued when the Danish Working Environment Authority has a specific suspicion that the working environment is not safe or healthy. 

If the investigation concerns the psychosocial working environment, it must be conducted by an authorised consulting company.

There are two situations where the Danish Working Environment Authority can offer an agreement process to help your company improve its working environment. 

This applies if the Danish Working Environment Authority

• has identified an issue relating to health and safety and believes the problem may exist in other areas of the company, for example in other departments.
• may suspect there is a health and safety issue but hasn't yet confirmed whether there is a violation of the rules. This may apply to complex work environment issues, such as those related to the psychosocial working environment.

The Danish Working Environment Authority has the authority to issue administrative fines. This means that the WEA can issue a fine without involving the police for the health and safety violation. 

An administrative fine may be issued if:

• The case is clear and straightforward, with documented risk of accidents or occupational diseases.
• There is clear case law on the matter.
• The company has not objected to this approach.

All three conditions must be met before a fine is issued. If they are not, a police report will be filed instead. 

The Danish Working Environment Authority can also issue a fine if the company fails to comply with a notice. 

As a foreign service provider, you could also face a fine if you have not registered your work with the Register for Foreign Service Providers (RUT).

Read more about reporting to RUT

The Danish Working Environment Authority can report your company to the police if there is a serious violation of health and safety regulations or if you have failed to comply with an improvement notice. As a foreign service provider, you can also be reported to the police if you have not fulfilled your obligation to register with the Register for Foreign Service Providers (RUT). 

The police may then bring charges. 

The penalty for such legal violations is usually a fine, but in more serious cases, it may result in imprisonment. Failure to report to RUT is usually penalised with a fine.

Read more about reporting to RUT