Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) - Denmark (Ratification: 2009)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.115, C.139, C.155 and C.187,C.162 and C.167

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine the application of Conventions Nos 115 (radiation protection), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 187 (promotional framework for OSH) in a single comment.

Application in practice of Conventions Nos 115, 139, 155, 162, 167 and 187. In reply to the Committee’s previous request, the Government refers to the reports published by the Danish Working Environment Authority (WEA) and provides detailed information on the number of OSH inspections undertaken, the number of enterprises visited, the number of employees covered, and enforcement outputs (improvement notices, prohibitions, fines proposed, cases presented etc) for the period 2018–20. Furthermore, the Committee notes that the number of reported occupational accidents increased from 42,709 in 2019, to 46,391 in 2020 and to 63,707 in 2021, which is the highest number of reported occupational accidents in the period 2016–21. The number of fatal occupational accidents that were registered to the WEA remained stable at 36 each year 2019–21. Regarding notified occupational diseases, the Committee notes that there were 17,000 in 2019, 15,500 in 2020 and 18,300 in 2021. The Government indicates that the rise in notifications of infectious diseases in 2020 and 2021 was related to the COVID-19 pandemic. The Committee also notes the Government’s reply to its previous request on the increase in the number of reported cases of work-related cancer that, since 2007, certain cases of work-related cancer are notified automatically which resulted in increased notifications. The Committee requests the Government to provide information on the causes of the increase in the number of reported occupational accidents. The Committee also requests the Government to continue to provide information on the application in practice of ratified OSH Conventions, including the number, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections carried out and the number and type of violations detected and the penalties imposed. In particular, the Committee requests the Government to provide detailed information on the number of accidents and occupational diseases reported in the construction sector.

A. General provisions

Action at the national level

• National policy

Articles 4 and 7 of Convention No. 155 and Article 3 of Convention No. 187. National OSH policy and periodic review. In reply to its previous comments, the Committee notes the information provided by the Government on the results of the 2017 mid-term evaluation and the 2019 final evaluation of the aims of the 2012–20 OSH Strategy. The evaluations showed that the number of workers who reported being psychologically overloaded increased by 17 per cent from 2012 to 2018; the number of workers who experienced musculoskeletal disorders increased by 15 per cent from 2012 to 2016; and the serious occupational accidents decreased by 18 per cent from 2011 to 2014. The Government indicates that, following the negative trends observed in two of the aims set by the Government, it tasked an Expert Committee, comprised of researchers, OSH professionals and social partners’ representatives, to identify and recommend appropriate OSH initiatives. The Committee notes with interest that this resulted in the adoption of a new OSH Strategy in April 2019 (OSH Strategy 2020). The Government indicates that, through the OSH Strategy 2020, the Government and the social partners agreed on prioritised national OSH goals until 2030, including sector-specific targets agreed through dialogue with the Sector Working Environment Committees (BFAs). The OSH Strategy 2020 foresees regular evaluations and impact measurements as well as annual status meetings to evaluate progress. In this context, the Committee also notes the adoption of the Working Environment Act No. 2062 of 16 November 2021 (the Working Environment Act) which aims to create a safe and healthy physical and mental working environment. Welcoming the Government’s indications, the Committee requests the Government to continue providing information on the measures to implement and monitor the OSH Strategy 2020, as well as the arrangements made for its periodic review in consultation with the most representative organizations of employers and workers.

• National system

Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187. Mechanisms for ensuring compliance. System of inspection. In reply to the Committee’s previous request, the Government indicates that the WEA continues to choose companies for basic inspections based on the level of OSH risks that they face, into account information about the industry, the size of the company, number of employees, reported occupational accidents and diseases as well as OSH related complaints. Furthermore, the WEA assesses the incoming reports and complaints and decides which to investigate further. The Committee refers in this respect to its comments adopted in 2022 concerning the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases. In reply to Committee’s previous request regarding measures taken to address the underreporting of cases of occupational diseases based on the reports of physicians and dentists, the Government indicates that, in 2021, the WEA conducted a campaign aiming to encourage general practitioners to report occupational diseases by contacting them directly. It also indicates that the obligation to report is underlined in the context of the ongoing cooperation with the Danish Society of Occupational and Environmental Medicine. The Committee requests the Government to continue to provide information on the measures taken to promote the notification of occupational diseases.

• Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Article 12 of the Convention. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that under sections 2 and 3 of Order No. 10 of 5 January 2018 on medical examinations at work that may result in exposure to ionizing radiation, a medical examination is required for all workers who might be at risk of receiving an effective dose of radiation greater than 6 mSv per year or an equivalent dose greater than 15 mSv per year for the lens of the eye or greater than 150 mSv per year for skin and extremities. The prescribed medical examination shall be carried out prior to taking up such work and thereafter be followed by yearly medical examinations. The Committee takes note of this information which addresses its previous request.

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations of workers after the period of employment. In reply to Committee’s previous request, the Government indicates that although there is no provision for the examination of the state of health of workers after the period of employment, in the field of aviation who have been exposed to carcinogenic substances, Denmark’s healthcare system ensures necessary examination and treatment of workers, even after the period of employment. The Danish Health Authority in the field of radiation takes initiatives regarding further health examinations of crew. The Committee notes that according to sections 38 and 39 of the Executive Order on measures to prevent the risk of cancer when working with substances and materials, employees exposed to such substances and materials have access to occupational medical examinations at regular intervals even after their suspension, in accordance with the rules in Executive Order No. 1165 of 16 December 1992 on occupational medical examinations under the Working Environment Act. The Committee takes note of this information which addresses its previous request.

Asbestos Convention, 1986 (No. 162)

Article 11(2) of the Convention. Derogations from the prohibition of the use of crocidolite. In its previous comments, the Committee noted that, under section 2 of Order No. 1502 on Asbestos, it was prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions: (i) the production, import and utilization of diaphragms for existing electrolysis plants under stated conditions; and (ii) buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 could continue to be marketed. The Committee notes the Government’s indication that the first exception regarding diaphragms for existing electrolysis plants was lifted pursuant to Order No. 1792 of 18 December 2015, which replaced the previous Order. In this respect, the Committee notes that, under section 3 of the new Order on Asbestos (No. 1792), buildings, facilities and technical aids containing asbestos that were lawfully marketed prior to 1 January 2005 may continue to be marketed as long as: (i) the asbestos or the asbestos-containing material was legally installed; and (ii) the building, the facility, the technical aid, etc. was put into use before 1 January 2005. The Committee requests the Government to provide information on the implementation of this derogation in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 17(3). Consultation of workers or their representatives on the work plan. In reply to Committee’s previous comments, the Government refers to section 15(a)(3) of the Working Environment Act, according to which in the context of preparing a written workplace assessment of OSH conditions, the employer must involve the working environment organization or the employees in the planning, organization, implementation and follow-up of the workplace assessment. In this respect, the Committee notes the Government’s indication that the work plan for a demolition work is an elaboration of the general workplace assessment and therefore the involvement of the workers or their representatives is included. The Committee takes note of this information which addresses its previous request.

Article 18(4) to (5). Personal protective equipment (PPE). The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(4), that pursuant to sections 1(1) and (2) and 6 of the Executive Order No. 1706 of 15 December 2010 on the use of personal protective equipment, as amended, the employer is responsible for the cleaning and maintenance of PPE, including clothing, intended to protect workers against OSH risks, as well as for normal clothing which, due to the nature of the work, may be contaminated. In this respect, the Committee notes that under section 20 of the new Order on Asbestos, PPE must be checked, cleaned and placed in a specified place after use. Furthermore, the cleaning of PPE must be done separately with equipment suitable for the purpose. With respect to Article 18(5) of the Convention, the Committee notes the Government’s indication that under section 15 of the new Order on Asbestos, the employer should provide facilities for the workers exposed to asbestos to shower at the workplace. The Committee takes note of this information which addresses its previous request

Article 20(4). Workers or their representatives right to request the monitoring of the working environment and to appeal to the competent authority concerning the results of the monitoring. The Committee notes the Government’s indication that, according to Chapter 9 of the new Order on Asbestos, employee representatives have to be consulted on the planning of the measurements of asbestos’ dust exposure and be informed of the results of the measurements. However, the Committee notes an absence of information on the right to request monitoring and the right to appeal. The Committee requests the Government to provide information on the measures taken, in law or practice, to ensure that workers or their representatives have the right to request the monitoring of the working environment and to appeal to the competent authority concerning theresults of the monitoring.

Article 21(4). Means of maintaining workers’ income. In reply to Committee’s previous request, the Government indicates that diseases caused by exposure to asbestos at work are recognized as occupational diseases in Denmark under the Workers’ Compensation Act No. 1186 of 19 August 2022. In this respect, the Committee notes that, under the Act, persons suffering from occupational diseases are entitled to a series of benefits, including reimbursement of expenses for medical care, rehabilitation, aids, compensation for loss of earning capacity and compensation for permanent injury. The Committee takes note of this information which addresses its previous request.

Article 22. Information and education. In reply to Committee’s previous request, the Government indicates a series of provisions in national legislation which aim to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos. With respect to Article 22(1) on information and education of all workers concerned, the Committee takes note of section 11 of the new Order on Asbestos according to which eemployees are provided with instructions on the dangers of asbestos, ways to perform work without risk, the use of personal protective equipment and the safe disposal of waste. The Committee takes also note of the Executive Order No. 2308 of 7 December 2021 on industry associations for working environment according to which industry associations provide industry specific information and guidance on OSH and can initiate and participate in company-oriented OSH activities within the industry. With respect to Article 22(2) on policies and procedures for education and training, the Committee notes the Government’s indication that, according to section 16 of the Order No. 1795/2015 on carcinogenic substances etc., as amended by Order No. 255/2019, the instructions regarding performance of work in safe manner and information about hazards of accidents and illness when working with carcinogenic substances must be supported by written material and to be repeated regularly. The Committee notes this information which addresses its previous request.

• Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Article 23(b) of the Convention. Work over water. Rescue of workers from drowning. In reply to the Committee’s previous request, the Government indicates that the obligation of employers to provide for measures to ensure the rescue of workers in danger of drowning where work is done over, or in close proximity to water, is ensured through the Executive Order No. 2107 of 24 November 2021 on building and construction work (Order on building and construction work). The Committee notes with interest that the Government indicates that according to section 7 read in conjunction with Appendix 1(5), the written workplace assessment to be prepared by the employer, must, where there is a risk of drowning, cover how this will be prevented including to the rescue workers of who risk falling into the water. Furthermore, the written assessment must, where relevant, include the requirements regarding first aid and alarm systems provided for in sections 43–45 of the Order on building and construction work. The Committee takes note of this information which addresses its previous request.

Article 35(b). Appropriate inspection services. In reply to Committee’s previous request, the Government indicates that the supervision of the building and construction industry was streamlined from November 2017 and targeted with a large number of building and construction sites being visited annually throughout the country. The Government specifies that inspections also focused, inter alia, on required OSH joint safety measures, the requirements that apply to the client regarding coordination in relation to OSH as well as rules aimed at designers and client consultants. The Committee takes note of this information which addresses its previous request.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the key occupational safety and health (OSH) Conventions ratified, the Committee considers it appropriate to examine Convention No. 155 and Convention No. 187 in a single comment.

Action at the national level

National policy

Article 3 of Convention No. 187; Articles 4 and 7 of Convention No. 155. National policy and periodic review. With reference to its previous comments concerning the role of the tripartite Working Environment Council in ensuring the coherence of OSH policies, the Committee notes the Government’s indication in its report that since 1 January 2015 the Working Environment Authority (WEA) has been supervising the OSH aspects of offshore installations in the North Sea. The WEA meets on a quarterly basis with the Maritime Authority and the Transport Authority to discuss OSH matters. The Committee also notes the information provided by the Government with regard to the adoption in 2011 of the “A New Way towards a Better Working Environment” strategy for 2012–20, which consists of 19 initiatives, including differentiated fines; intensified dialogue with enterprises; and increased help for smaller enterprises. The 2012–20 strategy focuses on specific working environment problems and aims to reduce by 2020: the number of serious occupational accidents by 25 per cent, in proportion to the number of workers; the number of workers who are psychologically overloaded by 20 per cent; and the number of workers who experience musculoskeletal disorders by 20 per cent. Regular evaluations and impact measurements of the 19 initiatives will be conducted to assess any need for modification and mid-term evaluations of the 2012–20 strategy are planned in 2014 and 2017, in cooperation with the WEA, to determine the progress made in achieving the strategy’s objectives. The Committee requests the Government to continue providing information on the measures taken to implement, monitor and evaluate the 2012–20 strategy, including the targets and indicators of progress used, and to provide details on the results of the 2014 and 2017 mid-term evaluations. The Committee also requests the Government to provide further information on the consultations held with the social partners in this regard.

National system

Article 4(3)(c) of Convention No. 187; Article 9 of Convention No. 155. Mechanisms for ensuring compliance. System of inspection. The Committee notes the detailed information provided by the Government in response to its previous request concerning a revised system of workplace OSH screening called the “Smiley Scheme”. The Committee also notes the Government’s indication that, in the context of the 2012–20 strategy, one of the initiatives was the introduction of risk-based inspections focusing on enterprises with safety and health issues. This means that enterprises with the most issues relating to the work environment will be subject to increased inspections. Welcoming the planning of labour inspection activities based on the level of occupational risks as an appropriate method to achieve coverage of workplaces by labour inspection, the Committee requests the Government to continue providing information on the inspections undertaken in relation to OSH, including the number of inspections undertaken and sectors covered, and the manner in which the continued coverage of workplaces deemed to be lower risk is ensured.

Article 4(3)(g) of Convention No. 187. Collaboration with relevant insurance and social security schemes. With reference to its previous comments, the Committee notes the Government’s indication that the WEA and the National Board of Industrial Injuries (NBII) collaborate on a register of industrial accidents and work-related diseases, that the WEA is a member of the Occupational Diseases Committee, which negotiates with the NBII with regard to the diseases which should be included on the list of occupational diseases, and that working groups can be established to investigate specific subjects.

Article 6 of Convention No. 155. Functions and responsibilities in relation to OSH. The Committee notes the information provided by the Government in reply to its previous request concerning collective agreements dealing with psychosocial risks.

Article 11(c) of Convention No. 155. Notification of occupational accidents and diseases and application of the Conventions in practice. The Committee previously noted that, while the number of OSH accidents had decreased between 2005 and 2009, the number of cases of occupational disease had increased over the same period. In this regard, the Committee notes the Government’s indication that studies have indicated that there is considerable under-reporting of occupational diseases, based on the reports of physicians and dentists. The Government further indicates that a certain number of notified occupational diseases should be understood as resulting from working conditions that existed in the past and that the increase in the number of occupational diseases no longer represents the current OSH situation. The Government indicates that 21,318 cases of occupational disease were reported in 2013 (compared with 19,913 cases in 2012), that 55 per cent of the cases concerned workers under 50 years of age, and that part of the increase is due to the growing awareness of doctors of the obligation to notify cases and suspected cases of occupational disease. The Committee requests the Government to continue providing information on the measures taken to address the under reporting of cases of occupational disease, including the measures taken to raise awareness among medical practitioners of their obligation under the national legislation to report occupational diseases. The Committee also requests the Government to continue providing information on the application of the Convention in practice, including the number, nature and causes of occupational accidents and cases of occupational disease.

Article 14 of Convention No. 155. Measures to include OSH issues in educational and training programmes at all levels. The Committee notes the information provided by the Government in response to its previous request concerning models developed by the Working Environment Council and the Ministry of Education to include OSH questions in educational curricula.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 3(1) of the Convention. Promoting a safe and healthy working environment by formulating a national policy in accordance with the principles in Article 4 of the Occupational Safety and Health Convention, 1981 (No. 155). The Committee notes from the information provided that the central authority in terms of occupational safety and health (OSH) is the tripartite Working Environment Council (Council) which according to section 66 (1) of the Work Environment Act, inter alia, “shall participate in the organization and performance of all working environment work […] and issuing recommendations […] on the overall objectives and the setting of priorities for working environment work”. The Committee notes that the Danish Working Environment Authority may attend the meetings of the Council with one representative but without voting rights. The Committee also notes the information that the measures taken to formulate a safe and healthy working environment policy are reflected in separate national OSH policies adopted for the work on land and work in maritime sector (including fishing); that as regards the offshore activities OSH strategies have been developed until the end of 2012; and that in the transport sector the Danish Transport Authority reports that in the period 2010–11 special focus has been placed on work on board civil aircrafts and accidents at work, damages caused by noise and musculoskeletal disorders. OSH issues are regulated in four separate sets of legislation and their application is supervised by four separate institutions: the Danish Working Environment Authority (WEA) (land); the Maritime Authority (sea); the Transport Authority (transport) and the Danish Energy Agency together with the Maritime Authority (offshore activities). In the light of the fact that Article 4 of Convention No. 155 calls for a “coherent” national OSH policy, the Committee requests the Government to provide further information on measures taken to ensure that these separate national policies constitute a coherent national OSH policy and on the role of the tripartite Work Environment Council in this respect.

Article 4(3)(g) of the Convention. Collaboration with relevant insurance and social security schemes. The Committee notes the Government’s statement that the National Board of Industrial Injuries ensures the collaboration between relevant insurance and social security schemes covering injuries and diseases. The Committee requests the Government to provide further information on the activities carried out by the National Board of Industrial Injuries and on how the referenced collaboration is applied in practice.

Part V of the report form. Application of the Convention in practice. The Committee notes the information on occupational accidents provided in the website of the Working Environment Authority (www.at.dk). With reference to the comments formulated on the application of the Occupational Safety and Health Convention, 1981 (No. 155) this year and in the light of the provisions contained in Convention No. 187, the Committee requests the Government to continue to provide updated information on the application in practice of the Convention.