WEA responses – and company options to appeal

A company may receive a prohibition notice if there is an imminent and substantial danger to employees or others' safety and health. A prohibition notice means that all work must cease immediately and may not be resumed until it can be performed safely.

A company can receive an immediate improvement notice if there is a serious work health and safety issue. An immediate improvement notice means that the deficiency must be rectified immediately. Arbejdstilsynet may allow the company to employ a temporary solution until the problem can be resolved permanently.

If a company receives a notice with time limit it means it may continue working but that it must find a permanent solution before the deadline expires. Arbejdstilsynet sets the deadline and ensures that it is long enough for the company to find a satisfactory and viable solution to the problem.

The company may be issued a ruling without obligation to act if it has violated health and safety legislation, but is not required to initiate actions because of the ruling. This can happen if a company has rectified a problem before the inspection is finished.

A company can receive an investigation notice if Arbejdstilsynet has a concrete suspicion that work health and safety conditions are unsatisfactory or as part of a more general investigation or ongoing monitoring of conditions in one particular industry. An investigation notice means that the company must undertake an investigation, take samples or carry out inspections to ensure that working conditions are satisfactory and in compliance.

A company can receive a competence notice along with one or more notices from WEA. The competence notice is given to ensure, that the company will use the required competences to solve the difficult health and safety issues, and to improve the preventative work.

A competence notice can be given concerning:

• A notice on a serious or complex health and safety issue
• A notice on examination of the psychological working environment
• A notice on examination of the options for substitution of substances
• A notice on receiving 5 or more notices simultaneously
• A notice on preparation of a health and safety plan for a construction site

Depending on which notices a company receives with the competence notice, the company will have different options for complying with the competence notice. A company may be able to choose:

• to acquire and use own competences,
• to use an existing authorised consultancy unit within the company,
• or to use an external authorised consultancy firm

to assist in resolving and preventing the health and safety issue that is subject of the competence notice.

The company must notify WEA of how they choose to comply with the competence notice by filling out the relevant form on the website (in Danish - at.dk)

The consultancy firm must be authorised in the subject of the competence notice.

The authorised consultancy firms within each area of subject is listed on the website (in Danish - at.dk)

Guidance from Arbejdstilsynet consists of information on health and safety regulations or recommendations for rectifying a specific health and safety issue. Arbejdstilsynet provides guidance when there is a health and safety situation at a workplace that can be improved but where there are no grounds for issuing a ruling. Guidance may be given verbally or in writing. Guidance is not legally binding.

An administrative fine is an offer to the company that it can close the case if it pays a fine by the deadline. The company therefore has the right to not pay the fine, but Arbejdstilsynet will then initiate court proceedings against the company after the payment deadline has passed.

The company can receive an administrative fine in cases of serious material breaches of clear and universally familiar areas of working environment law or violation of the obligation to provide notification of its services to the Register of Foreign Service Providers (RUT).

Arbejdstilsynet only issues administrative fines if the violation is clear and indisputable and not based on a discretionary decision.

Police reporting is used when there is a serious violation of the Working Environment Act, if the company does not comply with Arbejdstilsynet’s notices or for breach of the obligation to provide notification to the Register of Foreign Service Providers (RUT).

The police may subsequently prosecute the company. The prosecuting authority will determine if charges will be brought against the company and the prosecutor bears the burden of proof.

Violations of the Working Environment Act are usually sanctioned with fines but can in particularly serious cases lead to imprisonment. Violation of the obligation to provide notification to the Register of Foreign Service Providers (RUT) is usually punished with a fine.