Executive order on systematic occupational health and safety work

Pursuant to Sections 6, 6(d)(4), 6(e), 7(3), 7(a)(3), 8(a), 9(2), 12, 15(a)(7) and Section 20(2), 22(a) and Section 84 of the Danish Working Environment Act, cf. Consolidation Act no. 2062 of 16 November 2021 as amended by Act no. 1540 of 12 December 2023, it is hereby specified after authorisation:

Chapter 1 - Scope

Section 1 The executive order applies to work performed for an employer, cf. Section 2 and Section 3 of the Danish Working Environment Act.

(2) The provisions in Sections 8-9 on cooperation between several employers who have work performed at the same workplace also apply to work not performed for one employer.

Chapter 2 - Workplace risk assessment, annual occupational health and safety discussion, etc.

Section 2 The employer shall ensure that a workplace health and safety risk assessment is carried out at the workplace.

(2) The employer shall choose which method to use for a workplace risk assessment. However, there shall be a written processing method and the chosen method shall ensure that the following elements are included:

1. A risk assessment of the company’s health and safety issues. The risk assessment shall be based on an assessment of the company’s health and safety conditions.
2. An assessment of the company’s sickness absence rates in order to assess whether conditions in the company’s work environment can contribute to sickness absence.
3. A written action plan to address occupational health and safety issues that cannot be solved right away. The action plan shall include a description of the nature, severity, scope and causes of the problems as well as information on when and how the problems will be solved, including who is responsible for implementing the solutions.
4. An implementation of the action plan and follow-up on the measures taken, including a follow-up on whether the solutions implemented are adequate and effective.

(3) The employer shall ensure that a workplace risk assessment is carried out when there are changes made to the work, working methods, work processes, etc. that may affect the company’s occupational health and safety conditions. In addition, the employer shall ensure that the company’s occupational health and safety conditions are identified at least every three years, including whether there are any health and safety and problems.

(4) A workplace risk assessment shall be carried out taking into account the nature of the work, the technical equipment, substances and materials, working methods and processes used in the company, the layout of the workplace and the size and organisational structure of the company.

(5) A workplace risk assessment shall be carried out in accordance with the prevention principles set out in Annex 1.

(6) The employer shall carry out a workplace risk assessment when the company has at least one employee and the workplace risk assessment shall include all employees.

(7) The action plan, cf. subsection 2(3), shall be available in the company and be available to company managers, supervisors, other employees and the Danish Working Environment Authority.

Section 3 The employer shall ensure that the company’s health and safety organisation, cf. Chapter 5, participates in the entire process involving the planning, organisation, implementation, follow-up and updating of the workplace risk assessment. This shall be done through the health and safety organisation’s endorsement of the action plan, cf. Section 2(2)(3), which shall document that the health and safety organisation has participated.

(2) In companies where an occupational health and safety organisation does not need to be established, the employees shall be involved in a similar manner.

(3) If the employer does not have the necessary insights to carry out the workplace risk assessment, the employer shall get assistance from an external expert. Even if assistance from an external expert is obtained, it is still the employer’s responsibility to ensure that a workplace risk assessment is carried out and that the requirements set out in Sections 2 and 3 are met.

Section 4 Every year, the employer shall, in collaboration with the health and safety organisation or in companies without a health and safety organisation in collaboration with any potential supervisors and other employees have an occupational health and safety discussion where the participants

1. organise the content of health and safety collaborations for the coming year,
2. establish how the collaboration will take place, including forms of collaboration and meeting intervals,
3. assesses whether the previous year’s goals have been achieved,
4. set goals for the coming year’s collaboration and
5. discuss whether the necessary health and safety expertise is present in the company.

(2) In companies with a health and safety organisation, cf. Chapter 5, the health and safety committee shall also discuss the supplementary training of health and safety representatives and supervisors in the health and safety organisation.

(3) The employer shall be able to document in writing to the Danish Working Environment Authority that the annual working environment discussion has taken place.

Section 5 In order to ensure that the working environment is always completely safe and healthy, the employer shall ensure that:

1. expert assistance is obtained when this is necessary to establish that the working conditions are safe and healthy and
2. keep a list of and prepare reports on occupational accidents in accordance with the Danish executive order on reporting occupational accidents, etc. to the Danish Working Environment Authority.

Section 6 When contacting a special expert for assistance in solving the company’s health and safety issues, the employer shall provide the expert with access to all necessary information of importance to health and safety in the company.

Chapter 3 - Collaborations on health and safety

Section 7 The health and safety work in each company is handled through collaborations between the employer, supervisors and other employees, cf. Sections 5, 19, 25 and 27 of the Danish Working Environment Act.

(2) The collaboration shall create a framework for the overall and daily health and safety tasks in the company.

Section 8 Multiple employers who have work performed at the same worksite and everyone employed at the worksite shall work together to create safe and healthy working conditions for all employees.

(2) In order to coordinate their health and safety measures, employers shall inform each other of the risks associated with each employer’s tasks at the workplace. Each employer shall pass on the information received to their employees.

Section 9 In addition to the rules that apply to the work they are to perform, those who work at a workplace where several employers commission work shall also comply with the rules that apply to the companies’ collaboration, cf. Section 8(1) and, with regard to building and construction work, also the rules in the Danish executive order on the duties of the construction project client.

(2) In addition to the rules applicable to the work they are to perform, those working on the premises of another company shall also comply with the health and safety rules applicable to that company.

Chapter 4 - Collaboration on health and safety in companies with 1-9 employees

Section 10 In companies with 1-9 employees, there is no obligation to establish a health and safety organisation, however, cf. Section 13 on health and safety organisation at temporary or changing workplaces in construction work.

(2) In companies with 1-9 employees, the employer shall ensure that the collaboration on health and safety can take place. Collaboration takes place through ongoing direct contacts and dialogues between the employer, any potential supervisors and the other employees.

Section 11 Employers in companies with 1-9 employees shall ensure that employees are provided with all necessary information relevant to health and safety issues and ensure that employees have the opportunity to make suggestions regarding health and safety issues.

(2) The employer shall ensure that employees are consulted when planning and introducing new technologies, including the health and safety consequences of the choice of equipment, personal protective equipment and technical aids, etc.

Chapter 5 - Collaboration on health and safety in companies with 10 or more employees

Section 12 In companies with 10 or more employees, collaborations on health and safety shall take place within a health and safety organisation.

(2) The health and safety organisation shall cover all employees in the company.

Section 13 For building and construction work carried out in whole or in part at temporary or changing workplaces outside the company’s permanent workplace, collaborations on health and safety shall take place within a health and safety organisation when 5 or more employees work for the same employer at the remote workplace and the work takes place for a period of at least 14 days.

Section 14 All employees who are not company managers or supervisors in accordance with Sections 23 and 24 of the Danish Working Environment Act are to be included pursuant to Sections 12(1), 13 and 20.

(2) For office work, other administrative work and work in shops, etc. only employees who are employed for 10 hours or more per week are included pursuant to Sections 12(1), 13 and 20.

(3) Employees who are only hired to perform a specific building and construction work at a temporary or changing workplace are not included pursuant to Section 12(1) and Section 20 at the company’s permanent workplace.

(4) For seasonal activities, collaborations on health and safety shall take place in a health and safety organisation when 10 or more employees are employed simultaneously for at least 3 out of 12 consecutive months.

Section 15 During building and construction work, employers or their representatives, health and safety representatives and supervisors in the health and safety organisation at the construction site participate in safety meetings, including start-up meetings, convened by the client in accordance with the Danish executive order on the duties of the construction project client.

(2) When it is decided at the safety meetings to do so, the group of persons referred to in sub-section 1 shall participate in the safety inspections carried out in accordance with the Danish executive order on the duties of the construction project client.

Roles in health and safety collaborations

Section 16 The health and safety organisation is a formalised collaboration on health and safety issues. The role of the health and safety organisation is to actively contribute to the systematic health and safety work and contribute to an effective prevention of health and safety problems. The health and safety organisation is involved in both the overall and daily health and safety work, cf. Sections 30-31.

Section 17 The health and safety representative is elected by the employees - who do not have management responsibilities - in the company (or in an area of the company) to be part of the company’s health and safety organisation. The health and safety representatives’ roles will be to represent the employees in the collaboration on health and safety within the areas covered by the health and safety organisation and in this context

1. contribute with knowledge and experience about the employees’ work environment, including being in contact with the employees and
2. contributing with suggestions for the prevention of risks in the work environment and solutions for health and safety issues.

(2) In addition, the health and safety representative shall:

1. work with the other members of the health and safety organisation and
2. contribute to managing the health and safety organisation’s tasks.

Section 18 The supervisor is appointed by the employer to be part of the company’s health and safety organisation. The appointed supervisor covers the entire company or the area covered by the health and safety group. The appointed supervisor’s role will be to work within the area covered by the health and safety group, to represent the management in the collaboration on health and safety issues and in this context

1. to contribute with knowledge and expertise on the company’s production, services and health and safety issues which includes being in contact with the employees and
2. contributing with suggestions for the prevention of risks in the work environment and solutions for health and safety issues.

(2) The appointed supervisor shall also:

1. work with the other members of the health and safety organisation and
2. contribute to managing the health and safety organisation’s tasks.

The 1-tier health and safety organisation

Section 19 In companies with 10-34 employees and for work covered by Section 13 where there are 5-34 employees, the employer shall establish a 1-tier health and safety organisation.

(2) The health and safety organisation consists of 1 or more supervisors and 1 or more elected health and safety representatives with the employer or its representative as chairman. The chairperson shall be able to act on behalf of the employer in occupational health and safety matters.

(3) The required number of members in the health and safety organisation shall be determined in accordance with the proximity principle in Section 24. There shall be at least the same number of health and safety representatives as supervisors in the health and safety organisation.

(4) If one or more members are not present, the members who are present will manage the tasks of the health and safety organisation. Measures taken while members are absent shall be notified of to the absent members as soon as possible.

(5) In companies with 1-tier health and safety organisations, the health and safety organisation shall manage both the overall tasks pursuant to Section 30 and the day-to-day tasks pursuant to Section 31.

The 2-tier health and safety organisation

Section 20 In companies with 35 or more employees, the employer shall establish a 2-tier health and safety organisation consisting of:

1. 1 tier with one or more health and safety groups and
2. 1 tier with one or more health and safety committees.

(2) A health and safety group consists of 1 appointed supervisor and 1 elected health and safety representative.

(3) A health and safety committee consists of supervisors and health and safety representatives from one or more health and safety groups with the employer or its representative as its chairman. The chairperson shall be able to act on behalf of the employer in occupational health and safety matters.

(4) The number of health and safety groups in a health and safety organisation shall be specified pursuant to the proximity principle of Section 24. For work covered by Section 13, however, there shall be set up 1 or more health and safety groups at each workplace outside of the company.

(5) Companies can set up the health and safety organisation to have more than 2 tiers.

(6) In companies with a 2-tier health and safety organisation or more than 2 tiers, the health and safety committee shall manage the overall tasks pursuant to Section 30 and the health and safety groups shall manage the day-to-day tasks pursuant to Section 31.

Section 21 When setting up a health and safety group, it shall be decided in which part of the company the health and safety group will carry out its tasks. The company’s health and safety groups shall include all employees throughout the company, cf. Section 12(2).

(2) If the supervisor and health and safety representative are not present at the same time, the member who is present shall manage the health and safety group’s tasks. Measures taken in the absence of the other party shall be communicated to him/her as soon as possible.

Section 22 If there are 1 or 2 health and safety groups in the company, the health and safety committee consists of the members of the health and safety group or groups. If there are more than 2 health and safety groups, the health and safety representatives elect 2 members among themselves and the supervisors in the health and safety groups elect 2 members to the health and safety committee. The chairmanship shall be managed by the employer or its representative.

(2) The health and safety committee members are elected for 2-year terms. Alternates are elected to the health and safety committee according to the same rules as those governing the election of members for the health and safety committee, cf. sub-section 1. If a supervisor or health and safety representative ceases to be a member of a health and safety group, they shall also cease to be a member of the health and safety committee. If the company has entered into an agreement pursuant to Section 37(4) on a term of office for health and safety representatives of more than 2 years, this term of office shall also apply to the members of the health and safety committee.

Section 23 For construction work at temporary or changing work sites, the employer shall establish a health and safety committee for the temporary or changing work site when the employer has 35 or more employees working at the site for a period of at least 4 weeks.

(2) Members of a health and safety group established in accordance with Section 13 have the right to vote and are eligible for election to the health and safety committee referred to in sub-section 1.

Size of the health and safety organisation

Section 24 In cooperation with the employees and supervisors, the employer shall determine the necessary number of members and health and safety groups in the health and safety organisation based on the proximity principle, cf. sub-sections 2-4.

(2) The number of members and health and safety groups shall be set so that the health and safety organisation can at all times solve its tasks in a satisfactory manner in relation to:

1. the company’s management structure,
2. the company’s other circumstances, including geographical matters, size and location,
3. the company’s work environment conditions, including the nature, hazards, risks and positive health and safety factors,
4. how the work is organised,
5. special forms of employment and,
6. other considerations that impact the health and safety tasks in the health and safety organisation.

(3) The number of health and safety representatives shall also be set so that all employees can get in touch with their health and safety representatives and so that employees can discuss health and safety issues with members of the health and safety organisation during the employees’ working hours.

(4) The number of supervisors in the health and safety organisation shall be specified to ensure knowledge of the company’s production and performance.

(5) The employer shall be able to document in writing to the Danish Working Environment Authority that sub-sections 1-4 have been complied with when establishing the health and safety organisation and in the event of major significant changes in the company.

Agreement model for establishing the collaboration

Section 25 The provisions of Section 4 and Sections 19-24 do not apply to the extent that in order to strengthen and streamline the company’s collaboration on health and safety

1. there has been entered into an agreement with or more employee organisations and the opposing employer organisation(s) or employers or those they authorise for such purposes and
2. in companies covered by an agreement entered into pursuant to no. 1 there has been entered into an agreement between the employer and any potential supervisors and the employees in the company or the employees in part of the company.

(2) The employer shall be able to document to the Danish Working Environment Authority that the company is covered by an agreement pursuant to sub-section 1. The company agreement pursuant to sub-section 1, no. 2 shall be in writing and be available to the employees of the company.

(3) An agreement on the organisation of the collaboration on health and safety pursuant to sub-section 1 shall not impact the management of the tasks, functions, duties and rights, etc. specified in the executive order.

(4) A company agreement concluded in accordance with sub-section 1, no. 2 shall ensure that the organisation of the company’s cooperation on health and safety is in accordance with the company’s structure and that the changed organisation strengthens and streamlines the collaboration.

(5) The company agreement shall at minimum include the following elements:

1. A description of the activities/methods that can be used to ensure that the changes to the organisation of health and safety collaboration strengthens and streamlines the performance of the function.
2. A description of a procedure for the implementation and follow-up of the company agreement within the company.
3. A description of how tasks and functions are managed, including how the employees and supervisors participate in the health and safety work.
4. A description of how the company agreement can be changed and terminated.
5. An overview of the agreed upon organisation of the collaboration on health and safety in the form of an organisational plan.

Section 26 A health and safety organisation can include:

1. multiple operationally connected companies,
2. multiple employers at the same workplace or,
3. municipalities or regions or self-governing institutions which the municipality or region has entered into operational collective agreements with.

(2) An organisation pursuant to sub-section 1 is conditional upon:

1. there having been entered into an agreement pursuant to Section 25 for each of the companies covered by the joint health and safety organisation,
2. the employer in each of the companies covered by the joint health and safety organisation participating in or appointing at least 1 employee to represent itself in the joint health and safety organisation,
3. that in addition to this there participates at least 1 elected health and safety representative, cf. Section 37, from each of the companies covered by the joint health and safety organisation,
4. that there is at least the same number of health and safety representatives as supervisors in the health and safety organisation and
5. that the total number of members in the joint health and safety organisation are sufficient for the health and safety organisation to manage the day-to-day tasks and the planning and coordinating tasks in a satisfactory manner in all participating companies.

Section 27 For the purposes of strengthening the collaboration on health and safety issues between committees, the local agreement parties and the health and safety organisation, the health and safety task can be managed by a collaboration body if

1. there has been entered into an agreement pursuant to Section 25 and
2. if people elected to manage the health and safety work are represented in the collaboration body.

Section 28 The health and safety and union representative roles can be managed by the same individual if

1. the elections for a health and safety representative and a union representative are held separately and
2. if all employees who are not company managers or supervisors pursuant to Sections 23 and 24 of the Danish Working Environment are guaranteed the right to vote and are eligible to be elected as a health and safety representative, cf. Section 37(2-3 & 8).

Section 29 Questions of interpretation of and breach of the agreements entered into pursuant to Section 25 shall be settled in accordance with the usual labour law rules for the area. Breaches of agreements entered into pursuant to Section 25(1), no. 2 can, however, not be brought before the Danish Labour Court and shall be settled by professional arbitration.

The overall tasks of the health and safety organisation

Section 30 The health and safety committee plans and coordinates the company’s collaboration on health and safety issues and contributes to general and interdisciplinary activities to prevent risks and protect employees.

(2) The tasks of the health and safety committee are:

1. To participate in the annual health and safety discussion, cf. Section 4.
2. To participate in the process concerning the company’s workplace risk assessment, cf. Section 2.
3. To participate in determining the size of the health and safety organisation, cf. Section 24.
4. To monitor the health and safety work and to ensure that the health and safety groups are informed and receive guidance on this topic.
5. To contribute with knowledge and proposals for how to prevent and solve health and safety-related questions and how to integrate health and safety in the company’s strategic management and day-to-day operations.
6. To ensure that the causes of accidents, poisonings and injuries as well as the preliminary conditions for these are investigated and that measures are implemented to prevent them from reoccurring. Once a year, the health and safety committee shall prepare an overview of accidents, poisonings and health injuries in the company.
7. To establish principles for the necessary training and instruction adapted to the working conditions at the company and the employees’ needs and to ensure that compliance with the instructions is monitored, cf. the executive order on the performance of work.
8. To participate in coordinating health and safety work with other companies when work is performed at the same workplace, cf. Section 8.

(3) When the health and safety committee has made suggestions to the employer for the prevention and resolution of health and safety issues and the employer does not follow the suggestion, the health and safety committee is entitled to be given a reason for this within 3 weeks.

The day-to-day tasks of the health and safety organisation

Section 31 The health and safety group shall work together to plan and execute the health and safety work within the part of the company that the health and safety group covers with a focus on preventing risks and protecting employees.

(2) The tasks of the health and safety group are:

1. To participate in the process regarding the company’s workplace risk assessment within the health and safety group’s area of responsibility, cf. Section 2.
2. To ensure that working conditions are fully compliant with health and safety requirements.
3. To ensure that there is given sufficient and appropriate training and instruction, cf. the rules governing training and instruction in the Danish Working Environment Act.
4. To participate in the investigation of accidents, poisonings and injuries and the lead-up to these and to contribute to the implementation of measures that prevent them from reoccurring, cf. Section 33(4).
5. To notify the employer or its representative about occupational accidents.
6. To assist with ensuring that the work in the company is carried out in a manner that is fully consistent with ensuring health and safety.
7. To act as a liaison between the employees and the health and safety committee.
8. To bring health and safety issues that cannot be immediately resolved or which are of a general nature for the company to the health and safety committee.

Section 32 The health and safety group shall address risks related to health and safety issues that arise and to inform the chairman of the health and safety committee or the company management if the risk cannot be addressed on site.

(2) Where there is no time to inform the chairman of the health and safety committee or the company’s management and the health and safety group deems that there is an imminent significant danger to the health and safety of employees that it cannot avert itself, the health and safety group may stop the work or work process to the extent necessary to avert the danger. The health and safety group shall immediately notify the chairman of the health and safety committee or the company’s management of the stoppage and explain why the work stoppage was necessary.

The employer’s other duties in relation to the health and safety organisation

Section 33 The employer shall ensure that the collaboration on health and safety is established, developed and maintained so that the members of the health and safety organisation can perform their tasks in a satisfactory manner. The employer shall also ensure that the company’s top management is represented in the company’s health and safety organisation.

(2) The employer shall make a plan for the structure of the health and safety organisation with information about members and ensure that the employees become familiar with the plan.

(3) The employer shall ensure that the members of the health and safety organisation can participate in the company’s planning of health and safety work in their area including the annual health and safety discussion and in conducting the company’s workplace risk assessment.

(4) In companies with a health and safety organisation, the employer shall ensure that the health and safety organisation follows up on accidents, poisonings and injuries or what led up to them and when there are other special conditions that require follow-ups.

(5) In companies with at least a 2-tier health and safety organisation, the employer shall ensure that the collaboration between health and safety committees and health and safety groups is coordinated and allow members of the health and safety organization to coordinate their cooperation.

Section 34 The employer shall ensure that employees have regular contact with the part of the health and safety organisation that manages the tasks within their area.

(2) If the health and safety representative or supervisor in the health and safety organisation is not present, the employer shall ensure that employees have the opportunity to call in a responsible representative of the company.

Section 35 The employer shall ensure that the health and safety representatives and supervisors in the health and safety organisation are given the time available to carry out their duties that is reasonable in relation to the nature of the company in question and its health and safety standards.

(2) The employer shall give the members of the health and safety organisation the opportunity to acquire the necessary knowledge and training in health and safety issues.

(3) The employer shall ensure that the necessary resources are made available for the collaboration on health and safety, including covering the costs of the health and safety representative’s duties and reimbursing loss of earnings, expenses and lost income in connection with necessary participation in training, cf. Sections 40 and 42.

(4) Disagreements on this matter shall be settled by arbitration, cf. The Labour Court and Industrial Arbitration Act.

(5) The health and safety organisation, c. Section 19, or the health and safety committee, cf. Section 20(1), no. 2, shall have access to the lists and the incident reports on occupational accidents in the company which are prepared in accordance with Section 5, no. 2 and in accordance with the Danish executive order on the reporting of occupational accidents, etc. to the Danish Working Environment Authority. The same applies to the individual health and safety groups, cf. Section 20(1), no. 1 within their areas of responsibility.

Section 36 The employer shall ensure that the health and safety organisation, cf. Section 19, or the health and safety committee and health and safety group, cf. Section 20(1), are heard before contacting a special expert to assist the company in resolving health and safety matters in their area of responsibility.

(2) The employer is obliged to inform the members of the health and safety organisation of the decisions made by the Danish Working Environment Authority and the improvement notices issued in writing by the Danish Working Environment Authority. The health and safety organisation’s members shall also be made aware of other written information about activities related to protective and preventive measures from the Danish Working Environment Authority or other special experts.

The election of a health and safety representative

Section 37 In companies that are to establish a health and safety organisation, cf. Sections 12 and 13, the employees shall elect the number of health and safety representatives stipulated pursuant to Section 24 or following from an agreement on the organisation of a collaboration on health and safety in pursuant to Section 25.

(2) All employees without management responsibilities are entitled to vote, however, c. Section 14(2&3). Company managers and supervisors do not participate in the election pursuant to Sections 23 and 24 of the Danish Working Environment Act.

(3) The elections are held by the employees of the company in the relevant part of the company or in the temporary or changing workplace, cf. Section 21(1).

(4) The term of office is 2 years or until the health and safety representative ceases to be employed in the company, in the relevant part of the company or in the temporary or changing workplace. An agreement can be made between the employer and the employees that for future elections of health and safety representatives a longer term of office applies, but this longer term shall not exceed 4 years.

(5) If the health and safety representative is absent due to leave, illness or other reasons for a continuous period that is expected or planned to last at least 4 months, a new health and safety representative can be elected for either the remainder of the term or for a new term.

(6) The health and safety representative is protected against dismissal and other impairments of their circumstances in the same manner as union representatives within the relevant or equivalent professional area. Health and safety representatives may not be disadvantaged due to the activities associated with their position.

(7) If the health and safety representative is not protected against dismissal and other impairments of their circumstances pursuant to sub-section 6, the person in question shall have an extended notice period of 6 weeks.

(8) Regarding eligibility and the validity of the elections, the normal rules for electing union representatives within the relevant or equivalent collective agreement shall apply.

Section 38 Disputes concerning the election, eligibility and protection of the health and safety representative and the validity of the election, including questions about which rules apply and about breaches or interpretation of the rules, shall be settled by labour law proceedings, cf. The Labour Court and Industrial Arbitration Act.

The appointment of a supervisor for the health and safety organisation

Section 39 In companies that are to establish a health and safety organisation, cf. Sections 12 and 13, shall appoint supervisors as stipulated pursuant to Section 24 or following from an agreement on the organisation of a collaboration on health and safety in pursuant to Section 25.

(2) When appointing supervisors, the employer shall ensure that the supervisor has the necessary knowledge of the company, the relevant part of the company or the temporary or changing workplace, cf. section 21(1).

(3) A supervisor who is part of the health and safety organisation shall not be disadvantaged because of the activities associated with this role.

(4) If a supervisor in the health and safety organisation is dismissed after the expiry of any probationary period and if one of the parties claims that the dismissal is based on the supervisor’s participation in the company’s collaboration on health and safety, the supervisor’s employment during the notice period cannot be interrupted until the matter has been negotiated in accordance with the rules within the relevant collective agreement area or processed in accordance with the rules on negotiation and mediation in the Danish Salaried Employees Act. The negotiation and mediation shall take place as soon as possible.

Mandatory occupational health and safety training

Section 40 The employer shall ensure that health and safety representatives and supervisors in the health and safety organisation complete or have completed a mandatory 3-day health and safety training.

(2) Registration for this training shall be made by the employer and the training shall be by providers of the training that are covered by the approval and evaluation scheme, cf. the Danish executive order on approval of providers of the mandatory occupational health and safety training.

(3) The health and safety training shall be completed no later than 3 months after starting work as a member of the health and safety organisation.

Section 41 Health and safety representatives and supervisors in the health and safety organisation are entitled and obliged to participate in the mandatory health and safety training.

Supplementary health and safety training

Section 42 The employer shall offer health and safety representatives and supervisors in the health and safety organisation who have completed the mandatory health and safety training under Section 40 supplementary health and safety training corresponding to 2 days of training in their first year of service. The training shall be offered and shall be able to begin within the first 9 months after the completion of the mandatory health and safety training. The 2 days of training shall be completed within the first 12 months of being in the role.

(2) In each subsequent year of service, the employer shall provide supplementary training corresponding to 1½ days’ of training for health and safety representatives and supervisors in the health and safety organisation. The training shall have been offered and started within the same year of service.

(3) The employer shall be able to document in writing to the Danish Working Environment Authority that the supplementary training, cf. sub-sections 1 and 2, has been offered to the members of the health and safety organisation.

(4) An agreement may be reached between the employer and the employees that additional training pursuant to sub-section 2 within the term of office is combined and completed together instead of within each year of service. However, additional training lasting more than 3 days cannot be combined.

(5) The employer shall be able to document in writing to the Danish Working Environment Authority that an agreement has been reached pursuant to sub-section 4.

(6) Questions concerning the interpretation of agreements under sub-section 4 shall be settled in accordance with the usual labour law rules for the area.

Section 43 Health and safety representatives and supervisors in the health and safety organisation are entitled to supplementary health and safety training pursuant to Section 42. If the right to supplementary health and safety training is not exercised in the relevant year of service, it lapses unless an agreement has been made pursuant to Section 42(4).

Section 44 The supplementary health and safety training is intended to ensure a continuous targeted updating of knowledge that can strengthen the competencies of health and safety representatives and supervisors in the health and safety organisation. The supplementary health and safety training shall provide knowledge and skills that are relevant to the company’s health and safety work.

Chapter 6 - The Working Environment Council

Section 45 The Working Environment Council monitors the developments in companies’ collaborations on health and safety issues and may come up with proposals and initiatives to strengthen and streamline the functions of health and safety organisations, including training.

Chapter 7 - Dispensation and complaints

Section 46 The Director of the Danish Working Environment Authority may, for trades and occupational areas or individual companies where special circumstances exist, allow deviations from individual provisions of the executive order when it is deemed reasonable and fully justifiable and to the extent that it is compatible with Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the health and safety of workers at work.

Section 47 The Danish Working Environment Authority’s decisions pursuant to this executive order may be appealed in accordance with Section 81 of the Danish Working Environment Act.

Chapter 8 - Penalties

Section 48 Unless a higher penalty is due under the Danish Working Environment Act or other legislation, the penalty shall be a fine or imprisonment for up to 2 years for anyone who:

1. Violates Sections 2-3, Section 4(3), Section 6, Sections 8-9, Sections 11-13, Section 15, Section 24(5), Section 30(3), Sections 34-35, Section 37(1), Section 39(1), Section 40 and Section 42.
2. Fails to comply with improvement notices issued by the Danish Working Environment Authority in accordance with the provisions of the executive order.

(2) For violation of Sections 2-3 and Section 5, a fine may be imposed on an employer, even if the violation cannot be attributed to them as intentional or negligent. It is a condition of the fine that the violation can be attributed to one or more persons associated with the company or the company as such. There shall be no alternative sentence imposable in lieu of a fine.

(3) Companies etc. (legal persons) may be charged with criminal liability according to the rules in Chapter 5 of the Danish Penal Code.

Chapter 9 - Entry into force, etc.

Section 49 The Executive Order shall enter into force on 1 February 2024.

(2) The following executive orders are repealed:

1. Executive Order no. 1181 of October 15, 2010 on collaborations on health and safety.
2. Executive order no. 1838 of 14 December 2023 on systematic occupational health and safety work