Executive Order on the Conditions at Permanent Places of Work*)
Executive Order No. 96 of 13 February 2001 on the Conditions at Permanent Places of Work issued by the Danish Ministry of Labour as subsequently amended - unofficial version
The following provisions are laid down pursuant to section 20(2), section 43, section 44, section 73, section 74(1) and section 84 of the Danish Working Environment Act, cf. Consolidated Act No. 784 of 11 October 1999:
THE COMPILATION covers Executive Orders
- No. 96 of 13 February 2001, which entered into force on 15 February 2001,
- No. 721 of 22 June 2006, which entered into force on 15 July 2006,
- No. 1709 of 15 December 2010, which entered into force on 1 January 2011 and
- No. 1247 of 13 October 2016, which entered into force on 1 January 2017.
The following provisions are laid down pursuant to section 20(2), section 43, section 44, section 73, section 74(1) and section 84 of the Danish Working Environment Act, cf. Consolidated Act No. 784 of 11 October 1999:
Part 1 - Scope
1.-(1) This Executive Order shall apply to any place of work at which work is performed for an employer with the limitations laid down in section 2(2) and section 3 of the Danish Working Environment Act and the exceptions in section 2.
(2) In this Executive Order:
- »Place of Work« shall mean: The operation area of the enterprise comprising all buildings, operation plants, etc. to which the employees of the enterprise have access as part of their work;
- »Workplace« shall mean: The place within the place of work at which the individual employee performs a job;
- »(Indoor) working area« shall mean: Any room in which work is performed.
2.-(1) This Executive Order shall not apply:
- if the work carried out is building and civil engineering work, cf. Executive Order on the Conditions at Construction Sites and Similar Places of Work issued by the Danish Ministry of Labour; or
- if the work is performed at an external enterprise or another place outside the employer’s own operation area, cf. Executive Order on the Conditions at Alternating Places of Work issued by the Danish Ministry of Labour.
(2) Within agriculture, forestry and horticulture, this Executive Order shall only apply to the buildings and operation plants of the enterprise and the areas immediately connected herewith.
(3) The same shall apply to enterprises whose area is very extensive or scattered.
(4) To work performed in fields, forests and other areas that are, in pursuance of subsections (2) and (3), not covered by this Executive Order, the Executive Order on the Conditions at Alternating Places of Work shall apply.
3. Sections 23 to 28 and section 31(1) of this Executive Order may be derogated from in cases of working areas in which work is only performed occasionally or briefly in so far as this is reasonable and safe considering the circumstances. This may apply to, for example, storage rooms, archives, tool sheds, installation rooms and service access facilities.
4. This Executive Order shall not in any way change the special requirements concerning the conditions at a place of work laid down in the occupational health and safety legislation in general, e.g. the provisions concerning sewer work, work with lead and work with asbestos.
5.-(1) The obligations under this Executive Order shall rest on employers, business managers, supervisors and other employees, suppliers, project planners, consultants, etc. in accordance with the general rules laid down by the Danish Working Environment Act.
(2) Besides, anyone who lets or sublets buildings, premises, areas, etc. for the use of an enterprise covered by this Executive Order shall be under an obligation to ensure that the premises let are available for the purpose in question in such a way that they comply with the conditions set out in this Executive Order.
Part 2 - Planning, design and fitting out of the place of work
6. The place of work shall be designed and fitted out so as to ensure safe and healthy working conditions from both an individual and a general assessment of the working environment conditions that may have a short-term or long-term impact on the employees’ physical or mental health.
7. New design and fitting out of places of work, including major conversion comparable with new design and fitting out, shall be planned and carried out so as to ensure safe and healthy working conditions in connection with the operation. In addition to the requirements laid down in parts 3 to 9, it shall in this connection be ensured that buildings complete with areas, working rooms, operation plants, installations, etc., are designed, fitted out and situated in relation to each other in such a way that
- safe work routines can be established, including safe conditions for transport and storage by means of technical aids as far as necessary;
- any risks and discomfort from work processes, including generation of dust or other air pollution, radiation, extreme temperatures, noise, bad smells, etc., are limited as far as possible and that any unnecessary exposures are avoided;
- buildings, plants, installations, etc. can be used, including cleaned, maintained and inspected, etc., in a way that is safe both to those performing the work and others in the place;
- use is made of building structures and materials of such a quality that adequate insulation against humidity, heat and cold as well as satisfactory sound, climate and light conditions are established;
- use is not made of building materials that liberate vapours or dust that may form harmful or unpleasant concentrations in the building or that may cause accumulation of unpleasant or harmful amounts of static electricity; and
- use is not made of building structures or materials that may catch the pollution or that are difficult to clean wherever work may cause major dust generation or harmful pollution.
8. The Internal health and safety organisation of the enterprise shall participate in the planning of the design and fitting out of the place of work in accordance with the rules on cooperation concerning health ad safety.
Part 3 - General provisions
9.-(1) Wherever justified on grounds of health and safety, the place of work shall be designed and fitted out in such a way that work, which is not defined as outdoor work, can be performed in proper indoor working areas, unless this appears immediately unreasonable or inexpedient.
(2) Wherever work is performed out-of-doors for longer periods of time, measures to protect the employees from the weather, e.g. a tent, an open shed or a shed, shall be taken in so far as this is considered reasonable in the circumstances.
10.-(1) Buildings and operation plants, including technical equipment and installations, tunnels, mine shafts, pits, loading ramps, etc., shall be of an adequate construction and design considering the application and shall be adequately maintained.
(2) In view of the risk of fire and other accidents, safe escape and rescue routes for persons shall be provided.
(3) Technical plants, equipment and installations, etc., that may involve any health or safety risks shall be placed and set up properly considering this and the circumstances in general and in such a way that they constitute minimum hazard in the event of accidents.
(4) Areas in which risks of falls or falling objects may occur shall be secured by means of fencing, covering or other appropriate measures.
11.-(1) In so far as it may prove necessary, durable signs shall be placed at appropriate places with information about or warning of conditions that may have an impact on health and safety.
(2) Wherever particularly dangerous situations may occur, the place of work shall be equipped with alarm systems such as fire detectors providing expedient warning hereof.
12.-(1) The place of work shall be equipped with appropriate fire-fighting equipment, survival equipment and necessary equipment for first aid in the event of accidents whenever justified on grounds of the nature of the work and the circumstances in general.
(2) Special indoor areas for first aid shall be available wherever necessary. Such areas shall hold adequate quantities of equipment and materials placed at appropriate places. The areas for first aid shall be easily accessible with stretchers.
13.-(1) At the place of work, sufficient circulation routes and areas designed and fitted out to ensure that circulation at the place of work can proceed without hindrance and without causing any health and safety risks and by means of technical equipment in so far as it may prove necessary shall be established.
(2) Circulation routes and areas located above adjacent areas shall be equipped with appropriate safeguards.
(3) Circulation routes for vehicles shall be placed at a convenient distance from doors, gates, passages for foot traffic, corridors, stairs, etc.
14.-(1) Structural elements, operation devices, technical plants, installations, etc., which must be accessible for regular or recurring inspection, cleaning and adjustment, shall in so far as it may prove necessary be equipped with safe access routes and work platforms for this purpose.
(2) In special circumstances, such access routes may be in the form of ladders. Ladders shall be designed in an expedient way and equipped with safeguards to prevent persons from falling.
15. The placing, number and dimensions of doors, gates, hatches, etc. shall be adequate considering the nature of the work and the circumstances in general. They shall be made of appropriate materials and be designed and fitted out in such a way that they can easily be opened, closed and passed without any risks. They shall provide adequate insulation against noise, cold, humidity, fire, etc.
16.-(1) Depending on the nature of the work and the circumstances in general, an adequate number of escape routes and emergency exits of such design, size and placing that all persons present at the place of work can in a situation of danger safely reach safety out-of-doors or in a safe area shall be established.
(2) Wherever justified on grounds of safety, emergency exit doors or gates shall open in the direction of escape, and it shall be possible to open these in an easy and safe way without using a key. Moreover, they shall not be designed as sliding doors or revolving doors.
(3) Escape routes and emergency exits shall always be passable.
17.-(1) Wherever justified on grounds of safe orientation and movement, circulation routes and areas as well as escape routes shall be clearly marked with direction of circulation, exits and unexpected differences in level.
(2) Escape routes and emergency exits for which lighting is required shall be equipped with adequate emergency lighting.
18. At the design and fitting out of the place of work, account shall, wherever necessary, be taken of disabled employees. This shall especially apply to the conditions referred to in sections 13, 15, 19, 47, 50 and 54.
Part 4 - Workplace
19.-(1) The workplace of each individual person shall be expediently designed and fitted out and be so spacious that all necessary furniture, equipment and materials can be placed in a safe way in relation to each other and in such a way that all functions in connection with the performance of the work can be carried out safely and with safe work postures and movements.
(2) Wherever work can be performed in a sitting position without any discomfort, an expedient workplace shall be available for this. In case of work performed in a standing position or requiring constant walking, seats shall as far as possible be at disposal during breaks.
(3) Safe access to the workplace and a safe escape route from the workplace shall be available.
20. The workplace shall be placed, designed and fitted out in such a way that the employee is not affected unnecessarily by substances and materials, radiation, extreme temperatures, bad smells or vibrations, etc. from other workplaces or processes.
21. Wherever there is a risk of contamination with infectious materials or with substances or materials that on grounds of health or safety must be removed quickly from the skin or be stopped from spreading, appropriate and adequate equipment for this purpose, e.g. eyewash bottle, emergency shower and special cleaning agents, shall always be placed close to the workplace.
Part 5 - Indoor working area
22.-(1) Indoor working areas shall be adequately designed, fitted out and placed considering the processes that are to take place within the working areas and in such a way that unnecessary exposures to substances and materials, radiation, extreme temperatures, bad smells, noise or vibrations, etc. from other parts of the place of work and the surroundings in general are avoided as far as possible. Workplaces shall be adequately placed in the working area.
(2) If the nature of the work, special work processes, etc., bring about particular safety or health hazards within a working area, the working area shall be placed, designed and fitted out to meet these hazards in so far as possible.
23. Considering the nature of the work, working areas shall be adequately insulated against humidity, cold and heat from the outside as well as noise and vibrations.
24. Floor space, room height and room capacity shall be adapted to the nature of the work, the technical equipment, materials and furniture in the working area as well as to the number of persons normally entering the area.
25.-(1) Indoor working areas shall have such a supply of daylight that they are well lit. Windows and roof windows shall be carried out, placed and possibly shielded in such a way that they do not cause blinding, overheating or unpleasant falling cold.
(2) From the working area, there shall be a view of the surroundings through windows or similar.
(3) If windows, skylights and roof windows can be opened, closed, adjusted and fixed, it shall be possible to do this in a safe manner without any risks to health. It shall be ensured that open windows, skylights and roof windows do not constitute a hazard.
(4) The provisions of subsections (1) and (2) shall not apply if the nature of the work does not permit daylight, and may also be derogated from in full or in part if their implementation would be of significant inconvenience to the operation of the enterprise.
26.-(1) The floor of the indoor working area and under each workplace shall as far as possible be at level and without bumps or holes. Any differences in level and holes shall be clearly marked.
(2) The flooring shall be adapted to the work performed in the working area and shall be of an appropriate hardness and a non-skid nature considering the nature of the work. Wherever there is a risk of major spillage of fluids or need for hosing, the floor shall be designed for this.
27.-(1) The indoor working area shall be designed and fitted out so as to ensure that the acoustic conditions are satisfactory considering the use of the working area.
(2) The work processes in the working area shall be placed in such a way that they do not cause unnecessary exposures to noise or vibrations.
28.-(1) The surfaces of floors, walls and ceilings in indoor working areas shall be of such a quality that they are in so far as necessary repellent to contamination and that they can be cleaned efficiently in a safe manner.
(2) The surfaces shall not be able to cause unnecessary optical strain.
29. The surfaces of the indoor working area shall not liberate vapours or dust to the working area or cause accumulation of static electricity subjecting the employees to harmful or very unpleasant exposures. In working areas possibly exposed to a risk of explosion, the flooring shall be designed for such a purpose and shall be non-sparking.
Part 6 - Furniture
30.-(1) At the place of work, there shall be appropriate furniture in order for the work to be performed in a safe manner.
(2) Chairs, work tables, etc., used for changing work tasks or by changing staff shall in so far as possible be adjustable.
(3) The furniture shall be made of materials that do not constitute any health risks. The design and materials shall ensure that the furniture can be cleaned efficiently in an expedient way considering the contaminations to which it is exposed.
Part 7 - Temperature conditions, etc.
31.-(1) During working hours, the temperature in the indoor working area shall be adapted to the human organism considering the work methods applied and the physical strain to which the employees are exposed. As regards temperature conditions, the working area shall be without any unpleasant temperature differences.
(2) If heating of a working area is not possible because of the nature of the production or it is not reasonable considering the circumstances, local heating of the individual workplace shall take place. If this is not possible, other measures to protect the employees against cold shall be implemented.
32.-(1) If the production or the products require cooling, this shall take place in such a way that the employees are not exposed to harmful draught or radiation of cold. If possible, the workplaces shall be thermally insulated from the cooling process.
(2) If the production causes strong heat radiation, appropriate measures, e.g. shielding or encapsulation of the work process concerned, shall be implemented to protect the employees. If this is not possible, other measures to protect the employees against heat radiation shall be implemented.
33. Humidity or vapour that is generated by work processes or activities in the working area and that is not necessary for the production shall in so far as possible be removed.
Part 8 - Ventilation
34.-(1) Each indoor working area shall have sufficient supply of fresh air without unpleasant draught.
(2) If sufficient air renewal cannot be obtained in a safe way by means of windows, doors, vent holes, etc. to the open, mechanical ventilation ensuring sufficient supply of fresh air of a proper temperature and humidity shall be installed.
35.-(1) If the generation of gasses, dust or similar substances that are damaging to health or explosive or the generation of smoke, micro-organisms, aerosols, foul odours or other unpleasant air contamination cannot be prevented, an extraction system must be established that removes the contamination as far as possible at the site where it is generated. At the same time, fresh replacement air must be supplied at the appropriate temperature.
(2) If the pollution cannot be removed effectively at the site of generation, the work must be transferred to a special room, cabin or similar where other work is not performed and which is equipped with sufficient mechanical ventilation.
(3) The extracted air must not be returned to the working room or other spaces, see however subsections 4, 5, 6 and 7.
(4) Extracted air that originates entirely from grinding of cast goods in a foundry scrubber may however, conditional on the cast goods not containing substances and materials covered by the executive order on measures to prevent cancer risk in work with substances and materials, after effective cleaning and the intake of adequate quantities of fresh air, be fed back to the same work room, see however, subsection 8.
(5) Extracted air originating entirely from the dry grinding of carbon steel (SEA classification 10XX, 11xx and 12xx) or pure aluminium, may however, following effective cleaning and the intake of an adequate quantities of fresh air, be fed back to the same work room, see, however, subsection 8. This does not apply, however, if the carbon steel or pure aluminium contains substances and materials covered by the executive order concerning measures to prevent cancer risk when working with substances and materials, and may generate one or more such substances and materials during the grinding process.
(6) Extracted air originating entirely from sandblasting which carries a requirement for the use of air supplied breathing apparatus may however following effective cleaning and the intake of adequate quantities of fresh air, be fed back to the same work space, see however, subsection 9.
(7) Extracted air that originates entirely from processing solid coniferous wood, including glued solid coniferous wood, may however in the period October 1 to May 1, following effective cleaning and intake of adequate quantities of fresh air be fed back to the work room, see however subsection 10.
(8) Before being fed back, it is a precondition that it can be documented that the extracted air, see subsections 4 and 5, is effectively cleaned and has at least the same quality as the outdoor air, including that it does not contain any bad odours or other nuisance air contamination. Any necessary measurements must also be regularly carried out to confirm that the injected air meets the requirements.
(9) Before being fed back, it is a precondition that it can be documented that the extracted air, see subsection 6, is effectively cleaned so that the air's content of mineral dust (inert, breathable) does not exceed 10% of the limit values. Any necessary measurements must also be regularly carried out to confirm that the injected air meets the requirements.
(10) Before being fed back, it is a precondition that it can be documented that the extracted air, see subsection 7, is effectively cleaned so that the air content of wood dust does not exceed 0.02 mg/m3 and the content of terpenes in the supply air and the work room does not exceed 14 mg/m3. Any necessary measurements must also be regularly carried out to confirm that the injected air meets the requirements.
(11) The ventilation systems named in subsections 1 and 2 must be equipped with a control device which indicates inadequate functioning. Ventilation systems covered by the exception in subsections 4, 5, 6 and 7, must also be designed so that recirculation is automatically switched off or production is stopped if the cleaning is inadequate.
36.-(1) Fresh air injected by means of mechanical ventilation shall consist of outdoor air only minimally polluted by nearby chimneys, discharge air or other sources of pollution.
(2) The fresh air may, however, to a limited extent be mixed with air extracted from the working area provided that this air has been cleaned and does not originate from ventilation systems covered by section 35, cf. also the provisions of section 35(4) and (5).
37.-(1) Ventilation systems shall be designed and installed in such a way that they do not themselves inject substances and materials, including micro-organisms, into the place of work. They shall be well functioning, e.g. with balanced injection and extraction volumes.
(2) The discharge air shall be taken to the open. Discharges shall be placed in such a way that as little discharge air as possible is taken in through open-air inlets in windows and doors or causes discomfort at the place of work in general.
(3) Ventilation systems shall be designed and placed in such a way that noise and draught problems are avoided and in such a way that maintenance can take place in a safe manner. It shall be ensured that ventilation systems do not constitute a hazard.
(4) If ventilation systems can be opened, closed, adjusted and fixed, it shall be possible to do this in a safe manner without any risks to health.
(5) Ventilation systems shall always be operational, including be adequately clean, and shall regularly be checked.
Part 9 - Lighting
38.-(1) Lighting at the place of work shall be of such a quality that work and circulation can take place in a safe way.
(2) In so far as this is required to ensure safe orientation in a room, switching on adequate light shall be possible at the entrance to the room.
39. There shall be sufficient general lighting in the working area and proper special lighting at the individual workplace so that work can be performed safely, including with safe work postures.
40.-(1) As regards distribution of light, luminosity and light quality, the artificial lighting shall be adapted to the nature of the work and the colours of the working area.
(2) Lighting in itself should not give rise to harmful exposures. It shall be designed in such a way that it does not blind or generate unpleasant reflections or heat.
(3) If the work is of such a nature that particular hazards may occur if light fails, adequate emergency lighting that provides the necessary orientation shall be installed.
Part 10 - Maintenance and cleaning
41.-(1) The place of work shall be adequately maintained and kept clean and tidy so that the conditions are at any time safe in terms of health and safety. In this connection, it shall especially be observed that
- circulation routes and areas, including floorings, shall be kept in a safe condition and free of objects, materials, spillage, etc. that may be hazardous to circulation;
- technical equipment, substances and materials shall be stored safely;
- spillage and waste shall be collected and disposed of in a safe way; and
- windows, light fittings, etc. shall be maintained and cleaned.
(2) Cleaning shall take place in such a way that hazardous contamination is not spread.
(3) Cleaning agents or methods that may impair the general safety and health conditions at the place of work shall not be used.
42. At the place of work, there shall be safe conditions for the performance of tidying up, cleaning and maintenance ensuring that such work can be performed without causing any health and safety risks to those who perform the work and others employed at the enterprise.
Part 11 - Welfare facilities
43.-(1) At the place of work, the following facilities designed and fitted out in accordance with sections 44 to 46 shall be available to the employees:
- lavatory complying with section 47;
- eating facilities complying with sections 48 and 49, if there are meal breaks during the work;
- washbasin complying with section 50;
- locker or, if change of clothes takes place, changing room complying with sections 51 to 53; and
- call box unless the employees have other possibilities of using a telephone.
(2) There shall also be:
- bathroom complying with sections 54 and 55, cf. section 53, if the work
a) is soiling;
b) involves any risk of contamination with materials that may be infectious; c) involves any risk of exposure to substances and materials that on grounds of safety and health must be removed from the skin or be stopped from spreading;
d) is physically straining; or
e) is wet;
- cleaning facilities complying with section 56, if washing, cleaning, disinfection or other cleaning of personal protective equipment is conducted at the place of work;
- rest rooms complying with section 57, if special resting breaks are necessary or required and when pregnant women or nursing mothers shall have the possibility of taking a rest; and
- sleeping facilities complying with section 58, if services with permission to sleep are carried out at the place of work.
(3) Employees, who during their work risk being contaminated with materials that may be infectious or risk being exposed to substances or materials that on grounds of safety or health must be removed from the skin, shall use the facilities available for preventing exposure to or spreading of the substances or materials concerned. Consumption of food and drink shall not take place in working areas in which work of such a nature is performed.
44. The facilities shall be available in sufficient numbers considering the nature of the work and the number of persons usually using them, and they shall be expediently situated in relation to each other, to workplaces and to circulation routes.
45.-(1) The facilities shall be set up in a permanent building, unless this is not possible or reasonable considering the facilities.
(2) The facilities shall be located in rooms adequately designed and fitted out. Facilities with special purposes related to safety or health shall be expediently designed and fitted out with a view to this. The rooms shall have a proper supply of fresh air, appropriate temperatures, etc., and shall be equipped with necessary and expedient furniture and equipment.
46.-(1) The facilities for the employees shall usually not be available to others than those who are employed with the employer in question or are in any other way employed at the place of work.
(2) Within the same building complex, several employers may, however, share facilities designed and fitted out for their employees on condition that they have concluded an agreement as to who of them is responsible for maintaining and cleaning the facilities.
(3) If there are no more than three employees working at the same time at a place of work, the employer may refer the employees to such facilities in his private or official residence if this is at their disposal during their work. It is a condition that the residence is located close to the place of work and that the facilities concerned otherwise comply with the requirements of this Executive Order and are found in appropriate rooms.
(4) The provisions of subsections (2) and (3) shall, however, not apply to places of work at which particularly soiling work or work that involves any risk of contamination with materials that may be infectious or any risk of exposure to substances and materials that on grounds of safety and health must be removed from the skin or be stopped from spreading is performed.
Lavatories, cf. section 43(1)
47.-(1) The lavatories shall have flushing.
(2) The Danish Working Environment Authority may order an employer to install a separate lavatory for employees who perform work of a particularly soiling nature or work that exposes them to contamination that must not be spread for health reasons.
Eating facilities, cf. section 43(1)
48.-(1) The eating facilities shall be provided in an appropriate room with adequate hygienic conditions and shall comprise an appropriate number of tables and seats with back rests considering the number of employees. The workplace may not be designated eating facilities.
(2) If more than three employees are generally employed at the same time at a place of work, special eating facilities shall be provided, normally in a separate room.
(3) Separate eating facilities shall be provided for employees who conduct soiling work if changing does not take place before the meal breaks.
(4) Appropriate measures shall be taken for the protection of non-smokers against discomfort caused by tobacco smoke.
49. It shall be possible to store packed food and drink properly from a health point of view, and it shall be possible to warm up food and drink. There shall be access to fresh drinking water.
Washbasins, cf. section 43(1)
50.-(1) Washbasins shall be equipped with running hot and cold water and soap and shall be expediently placed in relation to working areas, eating facilities, lavatories and lockers or changing rooms.
(2) Washbasins used in connection with work during which the employees are exposed to contamination that must not be spread for health reasons shall not be equipped with hand-operated taps.
(3) In so far as the contamination of the skin cannot be removed by means of ordinary soap, skin-cleaning agents shall be available by the washbasin.
Lockers and changing rooms, cf. section 43(1)
51.-(1) It shall be possible to store ordinary clothes and work clothes properly in, for example, a locker or a changing room.
(2) The employees shall also have access to safe storage of personal belongings, e.g. in a locker, a lockable drawer in their own desk or another lockable compartment of an appropriate size.
52.-(1) Changing rooms shall hold one locker for each employee. Lockers shall be equipped with ventilation holes.
(2) If the work is soiling or wet, ordinary clothes and work clothes shall be stored properly separated, e.g. in two separate lockers.
(3) If there is a particular risk of the work clothes getting wet during work, a special drying space in which the clothes can be dried in an appropriate time shall be provided.
(4) Women and men shall either have separate changing rooms or have the possibility of using the same changing room separately.
(5) The changing rooms shall be equipped with seats.
53.-(1) If the employees are exposed to contamination that for health reasons must not be spread, two separate changing rooms shall be provided, i.e. one for ordinary clothes and one for work clothes. They shall be placed in such a way that passage between them can only take place through a bathroom and that passage to and from the ordinary clothes changing room does not go through contaminated areas.
(2) The work clothes changing room shall be designed and fitted out in such a way that the work clothes can be properly packed into tight packaging before being removed for washing. If disposable clothing or equipment is used, closed and expedient waste containers for this shall be available.
(3) The work clothes changing room shall not be used by others than those exposed to the contamination in question.
Bathrooms, cf. section 43(2)
54.-(1) Bathrooms shall be equipped with an appropriate number of washbasins and showers with hot and cold water. The showers shall be shielded from changing rooms, entrance room and other surroundings.
(2) Women and men shall either have separate bathrooms or have the possibility of using the same bathroom separately.
55. At places of work where the work causes bad smelling that cannot be removed from the skin through a shower, the Danish Working Environment Authority may order an employer to install a sauna.
Cleaning facilities, cf. section 43(2)
56. Cleaning facilities shall be provided at an appropriate location, possibly in a separate room, with the necessary equipment ensuring that cleaning can be carried out in a safe way in terms of health and safety.
Rest rooms, cf. section 43(2)
57.-(1) For intervals of rest, appropriate rest rooms shall be provided. The rest rooms shall not be provided in working areas with noise or where soiling work or work with harmful substances and materials is performed.
(2) Appropriate measures shall be taken for the protection of non-smokers against discomfort caused by tobacco smoke.
Sleeping facilities, cf. section 43(2)
58. Sleeping facilities shall be provided in an appropriate, lockable room which, when used as sleeping room, must not be used for any other purpose. A lavatory with washbasin shall be located conveniently close to the sleeping room.
Part 12 - Relationship with other legislation
59. To the provisions of this Executive Order, such rules shall apply as may have been laid down on the conditions at places of work in pursuance of other legislation.
60. The building regulations in force at the time of designing and fitting out of a place of work shall constitute the minimum requirements made to the structural design and fitting out of the place of work in pursuance of this Executive Order. After major conversion, the building regulations in force at the time of conversion shall constitute the minimum requirements.
61.-(1) As regards places of work within branches of industry in which the work process does not influence the design or fitting out of the building, structural requirements in addition to the minimum requirements laid down in section 60 shall not be made, provided that the building has been constructed in accordance with building licence granted after 1 May 1986.
(2) The specific delimitation of the branches of industry covered by subsection (1) is laid down through agreement between the Danish Ministry of Labour and the Danish Ministry of Housing and Urban Affairs after consultation with the municipal organisations. The branches of industry concerned are categorised in Annex 1. Examples of work processes/enterprises not covered by subsection (1) are stated in Annex 2. Whenever needed, this delimitation may be adjusted by the Ministry of Housing and Urban Affairs and the Ministry of Labour after consultation with the municipal organisations.
62. If conditions which materially deviate from or which are not covered by the provisions of the building regulations are demonstrated after the design and fitting out of a place of work, the Danish Working Environment Authority may, notwithstanding the above provisions and if the conditions are unsafe in terms of health and safety, order measures to meet these conditions.
Part 13 - Detailed rules
63. -(1) The Director General of the Danish Working Environment Authority shall be authorised, together with the Danish Working Environment Council, cf. section 66(3) of the Danish Working Environment Act, to lay down detailed rules concerning the conditions at permanent places of work in accordance with the aforesaid provisions.
(2) In addition, the rules may contain provisions:
- to the effect that buildings, premises, areas, etc., shall not be leased for industrial purposes until the question concerning their application has been submitted to the Danish Working Environment Authority for an opinion or authorisation; or
- to the effect that plans concerning design and fitting out or conversion of buildings, premises and technical plants and installations, etc. shall be submitted to the Danish Working Environment Authority for an opinion or authorisation before implementation.
(3) The rules may include references to acknowledged norms and standards concerning health and safety provided that they are specified clearly and include dating.
64. The Director General of the Danish Working Environment Authority shall issue WEA guidelines specifying how the provisions of the Executive Order and the detailed rules can be met.
65. Rules in pursuance of this Executive Order that affect other legislation shall be laid down following prior consultation with the respective authorities.
Part 14 - Exemptions and appeals
66. In special circumstances, the Director General of the Danish Working Environment Authority may permit derogations from the provisions of this Executive Order where this is deemed to be reasonable and fully acceptable and to the extent it is compatible with Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace.
67. Any decisions made by the Danish Working Environment Authority under this Executive Order may be appealed in accordance with section 81 of the Danish Working Environment Act.
Part 15 - Penalty provisions
68.-(1) Unless a more severe penalty is prescribed by the Danish Working Environment Act or any other legislation, anyone who
- contravenes section 5(2), sections 6 and 7 and sections 9 to 58;
- fails to comply with any improvement notice or prohibition notice issued in accordance with the provisions of this Executive Order; or
- disregards the terms of authorisations pursuant to this Executive Order
shall be punished with a fine or imprisonment.
(2) For contravention of sections 6 and 7 and sections 9 to 58 an employer may be held liable to pay a fine even if he has not acted intentionally or negligently. There shall be no alternative sentence in lieu of the fine.
(3) Companies, etc. (legal persons) may be held criminally liable pursuant to the rules set out in part 5 of the Danish Criminal Code.
Part 16 - Entry into force and transitional provisions
Entry into force
69.-(1) This Executive Order shall enter into force on 15 February 2001.
(2) Executive Order No. 1163 of 16 December 1992 on the Conditions at Permanent Places of Work shall be repealed.
70.-(1) Section 5(2) shall not apply to leases entered into before 1 January 1993.
(2) Section 25(1) and (2) shall not apply to enterprises which before 1 January 1993 have, legally and in accordance with the working environment rules in force at that time, designed and fitted out working areas without daylight or with limited intake of this or without view, however, as regards section 25(1), only in so far as the structural conditions do not allow this.
(3) For enterprises designed and fitted out without separate eating facilities before 1 January 1993, section 48(2) shall not apply unless the work is of such a nature that eating should not take place in the working area. This provision shall, however, be complied with if the enterprise carries out major conversion.
71. Notwithstanding the provisions of section 70(2) and (3), the Danish Working Environment Authority may order an enterprise to comply with the aforesaid provisions within a reasonable period of time on grounds of health or safety.
72. Exemptions from rules in force so far and continued in this Executive Order shall remain in force on the conditions and terms stated in the exemption.
The Danish Ministry of Labour, 13 February 2001
Ove Hygum/Morten Bergulf
*) This Executive Order contains provisions to implement Council Directive 89/654/EEC of 30 November 1989 concerning the minimum safety and health requirements for the workplace (Official Journal of the European Communities L 393/1 of 30 December 1989).