Fines for breaches of the Danish Working Environment Act for employers

The basic fine for material breaches is normally DKK 36,900 or DKK 66,900, depending on the seriousness of the breach. Material breaches are breaches that involve a direct risk to safety or health. Examples include welding without the use of extraction equipment or working at height without protection against falls. As a general rule, a basic fine of DKK 36,900 is imposed on employers for material breaches.

Certain material breaches of working environment legislation are characterised by a degree of seriousness such that the risk of injury to life or health, or the potential consequences of the breach, is generally greater than for ordinary material breaches. Examples include demolition work carried out without the proper safety equipment, excavation work without adequate protection against ground collapse and work involving a risk of explosion, suffocation, poisoning or chemical burns. In such cases, the starting point is a basic fine of DKK 66,900.

The basic fine is increased by a surcharge equal to twice the amount of the basic fine if the breach has resulted in an accident causing serious personal injury or death. The term "serious personal injury" may, for example, include amputations, fractures, lacerations, chemical burns affecting large parts of the body and poisoning.

The fine may subsequently be increased further if aggravating circumstances are associated with the breach. Aggravating circumstances include:

• Injury to life or health, or a risk of such injury, having occurred.
• An improvement notice having previously been issued in relation to the same or a similar matter.
• The breach having resulted in, or been committed in an attempt to obtain, a financial advantage for the person concerned or for others.
• The breach having been committed intentionally or through gross negligence.

The fine will normally be increased by DKK 10,000 for each aggravating circumstance.

The fine may also be increased if particularly aggravating circumstances are associated with the breach. Particularly aggravating circumstances include:

• A young person under the age of 18 having been injured, or placed at risk of injury, as a result of the breach.
• More than one person having been injured, or placed at risk of injury, as a result of the breach.
• The employer having previously been penalised one or more times within the preceding four years for a serious breach of working environment legislation (repeat offence).

The fine will normally be increased by DKK 20,000 for each particularly aggravating circumstance.

However, if you have previously been penalised as an employer within the preceding four years for a serious breach of the Working Environment Act, the fine will be increased by DKK 30,000 where there has been one previous penalty for a serious breach. Where there has been more than one previous penalty for serious breaches of the Working Environment Act, the fine will be increased by a further DKK 20,000 for each previous penalty. This means that the fine will be increased by DKK 30,000 where there has been one previous penalty, by DKK 50,000 where there have been two previous penalties, by DKK 70,000 where there have been three previous penalties, by DKK 90,000 where there have been four previous penalties, and so on.

When calculating a fine, we take into account the size of the company, based on the number of employees employed by the company at the time of the breach. The total fine, that is, the standard fine together with any increases resulting from an accident causing serious personal injury or death, aggravating circumstances and/or particularly aggravating circumstances, is increased as follows:

• For companies with 0–9 employees, no increase is applied to the total fine.
• For companies with 10–34 employees, the total fine is increased by 50%.
• For companies with 35–99 employees, the total fine is increased by 75%.
• For companies with 100 or more employees, the total fine is increased by 100%.

The rules governing increases in fines based on the size of the company and the differentiation/adjustment of fines do not apply to so-called formal breaches, i.e. breaches that are not directly associated with a health and safety hazard.

Where more than one breach has been committed, we add the fines together. This applies both where there are several separate breaches and where a number of breaches have been committed simultaneously.

Tables 1 and 2 illustrate the applicable levels of fines for employers of different company sizes in cases involving a breach resulting in serious personal injury, aggravating circumstances and a basic fine of DKK 36,900 and DKK 66,900 respectively.

* Relates to particularly aggravating circumstances, cf. section 82 (5), nos. 1, 2 or 3.
** Increased by 0%, 50%, 75% og 100% respectively
*** Example involving one aggravating circumstance and one particularly aggravating circumstance.

* Relates to particularly aggravating circumstances, cf. section 82 (5), nos. 1, 2 or 3.
** Increased by 0%, 50%, 75% og 100% respectively
*** Example involving one aggravating circumstance and one particularly aggravating circumstance.

Tables 3 and 4 illustrate the levels of fines for employers of different company sizes in cases involving a breach committed before 1 July 2025 resulting in serious personal injury, aggravating circumstances and a basic fine of DKK 24,600 and DKK 44,600 respectively.

* Relates to particularly aggravating circumstances, cf. section 82(5), nos. 1, 2 or 3.
** Increased by 0%, 50%, 75% and 100% respectively.
*** Example involving one aggravating circumstance and one particularly aggravating circumstance.

* Relates to particularly aggravating circumstances, cf. section 82(5), nos. 1, 2 or 3.
** Increased by 0%, 50%, 75% and 100% respectively.
*** Example involving one aggravating circumstance and one particularly aggravating circumstance.