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WEA responses – and company options to appeal

If a WEA inspection uncovers health and safety problems it can lead to various responses. These include guidance or a ruling that the company must carry out specific actions. The Danish WEA – Arbejdstilsynet – can also issue fines or notify the police in the event of serious violations of the Working Environment Act.

If a company fails to comply with its obligations under the Working Environment Act, the Danish Working Environment Authority – Arbejdstilsynet – has several response options.

A company that has received a notice with time limit, an immediate improvement notice or a prohibition notice must - before the deadline expires - inform Arbejdstilsynet how the notice issue has been resolved. Arbejdstilsynet may make one or more unannounced inspections of the company to ensure that the issue has been resolved satisfactorily.

Administrative fines and police notifications

The Danish Working Environment Authority – Arbejdstilsynet – also has the option to issue administrative fines or to report the company to the police.

 

Rulings, hearings and appeals

The company's view on all rulings against it will be heard. As a general rule the company is given the opportunity to present oral comments on the issues the Danish Working Environment Authority – Arbejdstilsynet – observes during inspection. If no management representative is present during inspection the company's view will be accepted in writing. This is also the case concerning especially complex health and safety issues.

The company may appeal the ruling to the Council of Appeal on Health and Safety at Work, which is an independent appeals body. The appeal must be sent to Arbejdstilsynet within 4 weeks of the company's receipt of the ruling. Arbejdstilsynet will forward the appeal to the Council of Appeal on Health and Safety at Work.

If an appeal concerning a notice has been submitted on time it acts as a suspension. This means that the company is not required to respond to the notice while the appeal is being processed. This does not apply to appeals concerning immediate improvement and prohibition notices which must be acted upon even though the company has appealed.

Any questions?

Contact Arbejdstilsynet
The Danish Working Environment Authority (WEA)

Phone hours
Monday - Thursday: 8 - 15
Friday: 8 - 14

+45 70 12 12 88
Press 9 for English
at@at.dk