Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the information provided by the Government which addresses its previous requests concerning Article 9 of Convention No. 155 and Article 4(2)(c) of Convention No. 187 (mechanisms for ensuring compliance) and Article 11(c) of Convention No. 155 (on notification of occupational diseases).

Application in practice of Conventions Nos 155 and 187. In reply to the Committee’s previous request, the Government refers to the reports published by the Danish Working Environment Authority (WEA) providing an overview of occupational accidents. The Committee notes that according to the data in these reports, the number of occupational accidents reported has decreased from 49,040 in 2023 to 47,955 in 2024 and the number of cases of occupational disease notified also decreased from 16,330 in 2023 to 121,815 in 2024. The Committee requests the Government to continue to provide information on the implementation of the Conventions in practice.

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 the Committee’s previous request, the Government indicates that in March 2023 an updated OSH Strategy 2023–2026 was adopted through a tripartite process, building on the 2019 strategy. The Government states that this agreement formalized a political decision to strengthen efforts in OSH through which the parties agree to future-proof working environment efforts ensuring a strong response to social dumping, labour crime, and illegal work, as well as reinforcing action in specific priority areas. The Committee notes that, according to the OSH Strategy, the social partners in the Working Environment Council, in dialogue with the Sector Working Environment Committees (BFAs), participate in translating the national OSH goals to the sectoral level by setting specific and measurable targets and by following up on their achievement.

It further notes that the Government has decided to abolish the Working Environment Council and that tripartite cooperation on working environment issues will be carried out within the newly established Labour Market Council from 2025 onwards, as set out in Act 220 of 25/02/2025. The Committee requests the Government to continue providing information on the progress of implementing the new OSH Strategy and its review through the new Labour Market Council, along with the social partners. The Committee also requests the Government to provide further information on the activities of the Labour Market Council with respect to OSH.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified, the Radiation Protection Convention, 1960 (No. 115), Occupational Cancer Convention, 1974 (No. 139), Asbestos Convention, 1986 (No. 162), the Safety and Health in Construction Convention, 1988 (No. 167) adopted by the Committee in 2023, for which the Government will be requested to reply in accordance with the reporting cycle.

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 2017, published 107th ILC session (2018)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 7(1) of the Convention. Performance of work involving exposure to ionizing radiation by young persons. With reference to its previous request, the Committee notes the Government’s indication that in addition to compulsory schooling, young persons must have accomplished further education to qualify for an education programme that might involve exposure to ionizing radiation. The Government states that trainees who might be exposed to ionizing radiation are above the age of 18 years.

Article 12. Medical examinations. With reference to its previous comments, the Committee notes the Government’s indication that medical examinations are required for workers who engage in work under conditions which normally involve exposure to ionizing radiation in doses exceeding 6 mSv per year or three-tenths of the limits for the lens of the eye, skin and extremities, as provided for in Order No. 823 of 31 October 1997, Annex 1. The Committee recalls that Article 8 of the Convention requires the fixing of appropriate levels for workers who are not directly engaged in radiation work, and it refers in this respect to its general observation of 2015 that indicated that the annual effect dose limit for workers not directly engaged in radiation work should be 1 mSv per year, in line with the Radiation Protection and Safety of Radiation Sources: International Basic Safety Standards (General Safety Requirements Part 3), issued in July 2014 by the International Atomic Energy Agency. In special circumstances, a higher value of effective dose could be allowed in a single year, provided that the average over five years does not exceed 1 mSv per year. The Committee requests the Government to provide information on the measures taken to ensure that all workers directly engaged in radiation work (including those workers directly engaged in radiation work whose exposure is below the levels set out in Order No. 823) undergo an appropriate medical examination prior to or shortly after taking up such work and to undergo subsequently further medical examinations at appropriate intervals, in accordance with Article 12.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With reference to its previous comments concerning employers’ responsibilities for providing their workers with alternative employment, the Committee notes the information provided by the Government on the unemployment insurance fund from which workers benefit if they are medically considered unable to continue to work involving exposure to ionizing radiation.

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

Articles 1 and 6(a) of the Convention. Determination of carcinogenic substances and agents. National legislation. The Committee notes, from the Government’s report, that due to the entry into force of the European Union Regulation concerning the registration, evaluation, authorization and restriction of chemicals (REACH), the executive orders on work with substances and materials (chemical agents) and on measures for preventing the risk of cancer when working with substances and materials are currently being amended. The amendments include a revision of existing Annex 1, parts A and B, of the executive order on measures for preventing the risk of cancer when working with substances and materials. The Committee takes note of this information.

Articles 5 and 6(b). Medical examinations of workers after the period of employment. The Committee notes the Government’s indication that, with regard to flight crew, all workers in the field of aviation undergo periodic medical examinations. Pilots undergo medical examinations twice a year and cabin crew between one and five years depending on their age. Moreover, a working environment council for the field of aviation has been set up to discuss various issues linked to the workers in the field of aviation. The council meets at least three times a year. The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the examination, after the period of employment, of the state of health of workers in the field of aviation who have been exposed to carcinogenic substances, in accordance with Article 5 of the Convention.

Application in practice. The Committee notes the Government’s reference to the Working Environment Authority’s reports on notified occupational illnesses. It notes that in 2011 the number of notifications of work-related cancer illness was 471, increasing to 484 in 2012 and to 537 in 2013. In 2013, diseases related to cancer accounted for 3 per cent of the total number of notified diseases. The Committee requests the Government to indicate whether an analysis has been undertaken of the causes of the increase in the number of reported cases of work related cancer and to provide information on this subject.

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

Article 22(1) of the Convention. Structural frames and formwork. Supervision by a competent person. The Committee notes from the information provided by the Government in its report, in reply to its previous request, that section 27 of Executive Order No. 1516 on building and construction (16 December 2010), which provides that the mounting and dismantling of bearing structures must be done under the supervision of a specifically designated person who has received the necessary instructions and training, gives effect to this provision of the Convention.

Article 23(b). Work over water. With reference to its previous comment in which it requested the Government to provide information on the legislative provisions ensuring the rescue of any workers in danger of drowning where work is done over or in close proximity to water, the Committee notes the Government’s indication that, pursuant to section 23(2) of Executive Order No. 559 on the performance of work (17 June 2004), employers must ensure that the necessary measures are taken with regard to first aid, firefighting and evacuation of employees, taking into account the nature of the work. However, the Committee notes that section 23(2) does not expressly provide for measures to be taken with regard to the rescue of workers, as required under Article 23(b). The Committee therefore requests the Government to specify whether, under section 23(2) of Executive Order No. 559, employers have the obligation 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.

Article 35. Effective enforcement of the provisions of the Convention. Application in practice. The Committee notes the Government’s indication that since January 2012 inspections by the Working Environment Authority (WEA) are risk-based, and that all enterprises with two or more full-time employees and approximately half of the companies that have between one and two full-time employees will be inspected before the end of 2019. The WEA also conducts one-day actions which target construction sites in different parts of the country. In this regard, the Committee notes the statistical information provided by the Government, according to which the number of occupational safety and health improvement notices issued to construction enterprises by the WEA increased from 3,728 in 2010 to 6,392 in 2014. The Committee also notes that, while the number of occupational accidents in the construction sector has remained relatively stable between 2010 (4,517) and 2013 (4,698), the number of occupational diseases reported during this period has increased considerably, from 1,942 cases in 2010 to 3,749 cases in 2013. The Committee requests the Government to indicate whether an analysis of the causes of the increase in the number of occupational diseases in the construction industry has been undertaken and to provide information in this respect, as well as on any measures envisaged to address this increase. It also requests the Government to continue providing detailed information on the manner in which inspection services ensure the enforcement of the provisions of the Convention and on the application of the Convention in practice.

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

Article 6(3) of the Convention. Procedures for emergency situations. The Committee previously requested information on procedures for dealing with emergency situations in accordance with Article 6(3) in relation to work with asbestos on ships. In this respect, the Committee notes the Government’s indication that this is addressed by the technical regulations on occupational safety and health issued by the Danish Maritime Authority (Notice A). Regulation 3 of Chapter II, Part C of Notice A, provides that when work on board ships involves the use of carcinogenic substances or mutagens, written instructions shall be drawn up indicating what measures are to be followed in the case of abnormal conditions of operation and accidents on board. Moreover, Annex II to Chapter III (on special provisions on the use of asbestos) provides that, prior to undertaking dismantling work, as well as repair and maintenance work of ships containing asbestos, a plan must be established indicating the necessary measures to ensure the health and safety of the employees on board. Annex II describes the measures to be taken by the shipowner, or the master, if asbestos dust measurements show that the relevant limit values are being exceeded. The Committee takes note of this information.

Article 11(2). Derogations from the prohibition of the use of crocidolite. The Committee notes the Government’s indication, in response to its previous request, that it is prohibited to produce, import, utilize or work with asbestos or materials containing asbestos under any form with the following exceptions (pursuant to section 2 of Order No. 1502 on asbestos, as amended): (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 may continue to be marketed. The Committee requests the Government to provide information on the implementation of these derogations in practice, including the steps taken to ensure that the health of workers is not placed at risk.

Article 15(1). Limits. The Committee notes the Government’s indication in response to its previous request, that there are no permissible values for exposure to asbestos, although the Danish Working Environment Authority does not require personal protective equipment for values below 0.1 fibres/cm3.

Article 17. Demolition and removal work. Work plan. The Committee notes the Government’s indication, in response to its previous request, that a work plan must be drawn up prior to the beginning of demolition work or work involving the removal of asbestos. This work plan must specify the measures necessary to protect employees’ safety and health (pursuant to sections 23 and 25 of Order No. 1502 on asbestos, as amended, concerning work on land, and section 18 of Chapter II, Part C of Notice A concerning work at sea). The Committee requests the Government to indicate whether employers are required to consult workers or their representatives on the work plan, as provided for in Article 17(3) of the Convention.

Article 18(2) to (5). Personal protective equipment. The Committee notes the Government’s indication, in reply to its previous request concerning Article 18(2), that pursuant to section 19 of Order No. 1502 on asbestos, as amended, personal protective equipment used at work must be cleaned and placed in a designated location, and that the cleaning of personal protective equipment must be performed separately using suitable equipment. With respect to Article 18(3), Working Environment Authority Guideline C.2.2 on asbestos provides that personal protective equipment must not be worn outside the place where work with asbestos takes place and that, after its use, it must be placed in a designated location. The Committee requests the Government to provide further information on the measures taken to ensure that the employer is responsible for the cleaning, maintenance and storage of work clothing (Article 18(4)) and that the employer provides facilities for workers exposed to asbestos to wash, take a bath or shower at the workplace, as appropriate (Article 18(5)).

Article 19(2). Prevention of pollution. The Committee notes the information provided by the Government in response to its previous request, indicating that for all work where dust from asbestos is present to a significant extent shielding of the workplace is required through tents (pursuant to section 21 of Order No. 1502 on asbestos, as amended, and section 15.2 of Annex 2 to Chapter II, Part C of Notice A).

Article 20(2). Record keeping of monitoring of the working environment. In reply to the Committee’s previous request concerning the prescription of a period for record keeping of measurements of the working environment, the Committee notes the Government’s indication that Order No. 1502 on asbestos, as amended, does not specify the period of time for which measurements of airborne dust in the working environment must be kept. However, the Government states that, pursuant to the Order, information concerning the associated risk of asbestos exposure must be kept for 40 years as part of the worker’s protocol, indicating the duration of exposure to asbestos, which will include information on measurements of the working environment. The Committee takes note of this information.

Article 21(1), (3) and (4). Medical examinations and maintenance of income. The Committee notes the information provided by the Government concerning Article 21(1), that section 32 of Order No. 1502 on asbestos, as amended, provides that workers must have access to a medical screening before starting work with asbestos or asbestos-containing materials and if necessary at regular intervals thereafter, and at least once every three years. With respect to Article 21(3), the Committee notes that Working Environment Authority Guideline C.2.2 provides that the doctors undertaking this regular medical screening shall inform the examined employee of the results. With respect to Article 21(4), the Government indicates that there are general provisions ensuring workers’ compensation which also apply to workers who suffer from asbestos-related diseases, as well as the possibility of providing retraining. Recalling that under Article 21(4), every effort shall be made, consistent with national law and practice, to provide workers for which continued assignment to work involving exposure to asbestos is found to be medically inadvisable with other means of maintaining their income, the Committee requests the Government to provide further information on the compensation granted to such workers.

Article 22. Information and education. The Committee notes the information provided in reply to its previous requests that, pursuant to Order No. 1502 on asbestos, as amended, workers must be instructed concerning the hazards of asbestos at the start of employment (section 10), and that persons engaged in demolition work of structures containing asbestos must undergo specific training approved by the Working Environment Authority (section 27). With respect to work at sea, section 19.3 of Annex 2 to Chapter II, Part C of Notice A requires education and training to be offered regularly by the employer and without any cost for the employee. The Committee requests the Government to provide further information on the measures taken to promote the dissemination of information and the education of all workers concerned with regard to health hazards due to exposure to asbestos, pursuant to Article 22(1) of the Convention. It also requests the Government to provide information on the measures taken to ensure that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control, pursuant to Article 22(2).

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)

Legislation. The Committee notes the detailed information provided by the Government in its report regarding legislative changes regarding occupational safety and health in general and regarding exposure to ionizing radiation in particular.

Article 7 of the Convention. Performance of work involving exposure to ionising radiation by young persons. The Committee notes the clarifications provided by the Government that Order No. 823 of 31 October 1997 provides that young persons aged 16–18 years who have completed compulsory education are exempted from the general rule and may perform work involving risky functions provided that such work is a necessary element of a formally qualifying training programme of at least 2 year’s duration. The Committee requests the Government to provide further information on the application in practice of this provision.

Article 12. Medical examinations. The Committee notes the information provided by the Government that Order No. 206 of 23 March 1990 provides that all workers directly engaged in radiation work shall undergo an appropriate medical examination, but that it confirms that in practice the word “appropriate” is interpreted in accordance with the Council Directive 96/29/EURATOM of 13 May 1996 according to which only workers performing radiation work under conditions which normally involve exposure to ionising radiation in doses exceeding 6 mSv per year or three-tenths of the limits for the lens of the eye, skin and extremities mentioned in Order No. 823 of 31 October 1997, Annex 1, are required to undergo medical examinations. Against this background the Committee deems it relevant to refer to paragraph 68 of its general comment of 1997 on the application of Conventions on safety and health where it noted that:

There is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO.

Recalling that Article 12 of the Convention requires all workers directly engaged in radiation work to undergo an appropriate medical examination prior to or shortly after taking up such work and to undergo subsequently further medical examinations at appropriate intervals, the Committee again requests the Government to take necessary measures to ensure that all workers directly engaged in radiation work undergo appropriate medical examinations in accordance with Article 12 of the Convention and to indicate the measures so taken in its next report.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the further details provided by the Government regarding the benefits available in the referenced cases under the public unemployment insurance in Denmark. With reference to the terms of its 1992 General Observation on the application of this Convention, the Committee requests the Government to clarify whether employers’ carry any responsibilities for providing their workers with alternative employment. The Committee also requests the Government to provide information on the application in practice of this Article of the Convention.

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

The Committee notes the information provided regarding effect given to Articles 2(2), 3 and 5 of the Convention.

Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the detailed information provided regarding the numerous legislative enactments and amendments giving further effect to the Convention including: Order No. 908 on substances and materials, measures for preventing the risk of cancer when working with carcinogenic substances, including more detailed regulations regarding risk assessments; Act No. 512 on a smoke-free environment; the Offshore Installations Act No. 1424 of 2005; Order No. 399 on medical control of work with ionizing radiation on offshore installations, and Order No. 398 on the use of personal protective equipment. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

Part IV of the report form. Application in practice. The Committee notes the detailed statistical information that is collected and made publicly available and the information that in the period 2003–08 there was a considerable increase in the number of reported cases of occupational cancer; that breast cancer is recognized as an occupational disease due to which an increased number of work related cancers are reported; that nasopharyngeal cancer and mesothelioma also comprise a considerable part of the occupational cancers reported; and that occupational cancer comprised about 4 per cent of the total reported cases of occupational illnesses in 2008. The Committee requests the Government to continue to provide information on cancer-related illness, as well as any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.

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

The Committee notes the detailed information supplied by the Government in its latest report. The Committee also notes the Government’s responses indicating effect given to Articles 2 and 8 of the Convention. The Committee asks the Government to keep the Office informed on relevant legislative measures undertaken with regard to the implementation of the Convention.

Articles 4, 7 and 9. Reform of the national system for occupational safety and health including of the labour inspection system. The Committee notes the detailed information provided by the Government concerning the practical application of the screening scheme (“Smiley Scheme”), together with clarifications on consultancy advice. The Committee notes, in particular, the information that this scheme allows for a primary judgement on the occupational safety and health (OSH) conditions of Danish enterprises, and subsequently ensures that enterprises needing a closer inspection receive an “adapted” inspection. The Committee also notes that inspections can result in a “consultancy notice” requiring the enterprise to call in an authorized OSH consultant to help solve their working environment problems. If the company would fail in resolving its OSH issues and there is an imminent and substantial danger to the safety and health of employees or others, the enterprise could be issued an order of prohibition of working. The Committee also notes that, according to the Working Environment Authority’s website (www.at.dk), on 11 November 2011, 93,223 enterprises had been screened, of which 2,769 had received the work environment certificate, 5,089 were marked with a yellow smile, meaning they needed to make adjustments within a period of time, and that 774 enterprises were required to seek consultancy advice. The Committee requests the Government to continue to provide up-to-date information on the “Smiley Scheme” and on the activities undertaken or envisaged in order to follow up, after its conclusion, in 2012, with the OSH screening of enterprises.

Article 6. Authorities. The Committee notes the Government’s reference to the adoption of four collective agreements dealing with psychosocial risks, one of which has however been suspended. The Committee further notes that the report is silent with reference to whether any disputes on OSH regulated in these collective agreements have been dealt with by the Labour Court. The Committee requests the Government to provide copies of the relevant collective agreement and reiterates its request that the Government provide additional information on whether any disputes on OSH issues based on the aforementioned collective agreements have been dealt with by the Labour Court.

Article 11. Notification of occupational accidents and diseases. The Committee notes the information provided that employers are required to take into account reported sick leave in the context of risk assessments conducted and that the Danish Working Environment Authority checks whether this has been the case. As the Committee understands it, information on long-term sick leave is used, inter alia, as an indicator of cases of burnout and is used to identify sectors with the greatest number of such cases. Businesses in such sectors are entitled to apply for funding in order to start up projects to prevent burnout. The Committee requests the Government to provide further information on the impact of these measures in order to address cases of burnout.

Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee notes that it is the Board of Working Environment that should ensure that the subject matter of OSH is included in the Danish educational curricula. However, the report is silent with reference to the concrete measures taken or envisaged in this respect. The Committee requests the Government to provide detailed information on concrete measures taken to ensure the application of this provision of the Convention.

Part IV of the report form. Application in practice. Based on information on the website of the Working Environment Authority (www.at.dk), the Committee notes that the number of occupational accidents appears to have decreased (from 47,106 in 2005 to 42,561 in 2009), while, in contrast with the previous report, the number of occupational diseases appears to have increased (from 13,967 in 2005 to 15,596 in 2009). The Government is requested to provide further information on measures taken to address the apparent increase in the number of occupational diseases and to provide any other relevant information on the application in practice of the Convention.

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

The Committee notes that the Governments latest report was received 25 January 2011, that is after the conclusion of 2010 session of the CEACR but before the transmission of the comments by the CEACR adopted during the 2010 session. The Committee notes the recent information provided regarding legislative changes adopted after the previous report submitted by the Government and the complementary information regarding effect given to Article 3 of the Convention and the use made of the derogations permitted under Articles 11 and 12 as well as complementary information on application in practice of the Convention. Against this background the Committee must repeat the comments made in 2010 asking the Government to respond thereto in the context of its submission of the next report due.

Repetition

The Committee notes the reference made in the Government’s first report to section 3 of Regulation No. 1502 of 21 December 2004, regarding asbestos (Asbestos Regulations) (as amended up to 19 April 2009), and Annex 2 to Notice A from the Danish Maritime Authority (DMA), according to which the production, importation, use of or work with asbestos, or materials containing asbestos, under any form whatsoever is banned both on land and on ships. The Committee notes, however, that both as regards work on land and on ships relevant legislation contains certain derogations from this ban. Recalling that Article 1 of the Convention states that this Convention applies to all activities involving exposure of workers to asbestos in the course of work, the Committee reminds the Government that it is required to report on the application of each Article of the Convention where workers may be exposed to asbestos in the course of their work.

Articles 16, 17(1), 19(1), 21(5) and 22(3) of the Convention. Application of the Convention concerning work with asbestos on land. The Committee notes that the Convention is implemented through different sets of legislation depending on whether the work with asbestos occurs on land or on ships, and that the report is silent on the application of several Articles regarding work with asbestos on land. In addition to the questions raised below, the Government is requested to provide additional information on the application of the following Articles concerning work with asbestos on land: Article 16, Specific measures for work on land; Article 17(1), Demolition work; Article 19(1), Disposal of waste; Article 21(5), Notification of occupational diseases; and Article 22(3). Provision of information and training.

In addition to the foregoing, the Government is requested to provide further information on the application of the following Articles of the Convention:

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes that Regulation No. 559 of 17 June 2004, on the Performance of Work ensures the application of this provision as regards emergency situations on land, but that the report is silent regarding the application of this provision in relation to emergency situations in relation to work with asbestos on ships. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the provisions concerning procedures for dealing with emergency situations in accordance with Article 6(3), in relation to work with asbestos on ships.

Article 11(2). Derogations to the prohibition against the use of crocidolite and products containing this fibre. The Committee notes the derogations provided for in paragraph 1 to the Asbestos Regulations. The Committee requests the Government to provide further information on the application of these derogations in practice and the full application of Article 11(2) in this context.

Article 15(1). Limits for exposure to asbestos. The Committee notes that in its response the Government refers to relevant provisions regarding both work on land and on ships, which regulate the manner in which such work should be carried out to ensure “to the broadest extent possible” that persons at the workplace and surroundings are not exposed to dust from asbestos, or materials containing asbestos, and that exposure to asbestos must be reduced “as much as is reasonable in consideration of the technical development and set permissible values must be observed”. The Government has not, however, indicated the values that are permissible. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe limits of exposure to asbestos in accordance with Article 15(1), both in relation to work on land and on ships.

Article 17(2) and (3). Workplans. The Committee notes that Annex 2 to Notice A indicates that a workplan shall be drawn up and submitted to the DMA before dismantling work is initiated. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirements related to the content of the referenced workplans and the consultations to be held with workers or their representatives in accordance with Article 17(2) and (3), both in relation to work on land and on ships.

Article 18(2)–(5). Personal protective equipment. The Committee notes that both the Asbestos Regulations and the Annex 2 to Notice A require workers to use personal protective equipment where there is a risk of exposure to asbestos. The Committee notes, however, that the Government has not provided information on the effect given to the other requirements referred to under this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to all requirements related to personal protective equipment in accordance with Article 18(2)–(5), both in relation to work on land and on ships.

Article 19(2). Prevention of pollution of the general environment. Although the Government’s report is silent in this respect, the Committee notes that section 7 of the Asbestos Regulations provides that work must be organized and executed in such a way that it is ensured to the broadest extent possible, that persons at the workplace “and in the surroundings” are not exposed, and that Annex 2 to Notice A provides that work shall be organized and performed in a manner in which persons at the workplace and nearby are not exposed to asbestos and that the scope of these regulations appear to include the general environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, both in relation to work on land and on ships, to give effect to the requirement to prevent pollution of the general environment by asbestos dust released from workplaces on land and on ships in accordance with Article 19(2).

Article 20(2). Record keeping of monitoring of the working environment. With reference to the Asbestos Regulations and Notice A, the Committee notes that the prevalence of asbestos must be regularly measured at workplaces on land as well as on ships, and that recorded information of exposure of workers to asbestos must be kept for at least 40 years. The Committee notes the absence of information regarding the required record keeping of measurements resulting from monitoring of the working environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe a period for record keeping of measurements of the working environment according to Article 20(2), both in relation to work on land and on ships.

Article 21(1) and (3)–(4). Medical examinations and maintenance of income. The Asbestos Regulations provide that workers shall be subject to a health examination before they start work with asbestos or with materials containing asbestos and if necessary at regular intervals subsequently and at least once every third year, while no information is provided regarding post-employment monitoring of the health of workers who have been exposed to asbestos. The Committee also notes that the Government’s report is silent as regards the requirements concerning the right for workers to be informed in an adequate and appropriate manner of the results of their medical examinations, and to provide workers with other means of maintaining their income, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to provide additional information with respect to measures taken, in law and in practice, to give effect to Article 21(1) and (3)–(4), both in relation to work on land and on ships.

Article 22(1) and (2). Information and education. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide additional information with respect to the application of Article 22(1) and (2), both in relation to work on land and on ships.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided regarding awareness-raising campaigns and enforcement activities, and the results of these efforts, including in relation to the handling of asbestos waste, work in shipyards, the investigation regarding the prevalence of asbestos in elevator shafts, the monitoring of the prevalence of asbestos in the building and construction industry, as well as the focus on asbestos in the context of the screening of safety and health conditions of all Danish enterprises under the “Smiley Scheme”. The Committee requests the Government to continue to provide such information including any statistical data resulting from these efforts.

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.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the information it contains regarding laws relevant for giving effect to the provisions of the Convention.

Article 7 of the Convention. Performance of work involving exposure to ionizing radiation by young persons. The Committee notes that section 11, cf. annex 6, of Order No. 239 of 6 April 2005, on work performed by young persons, provides that young persons must not perform work which involves exposure to ionizing radiation. It notes however that the rules issued by the State Institute for Radiation Hygiene of the National Board of Health (SIS) contain provisions prescribing a lower age limit of 16 years for work with ionizing radiation as per which young persons aged over 15 years, who have completed compulsory school education, may perform risky functions provided that such work is a necessary element of a formally qualifying training programme of at least two years’ duration. The Committee recalls that Article 7(2), of the Convention prescribes that no person under the age of 16 years shall be engaged in work involving ionizing radiation. Noting that this prohibition under Article 7(2), does not permit any exception to be made for the purpose of training, the Committee requests the Government to take the necessary measures to ensure that young persons below the age of 16 years do not perform any work that involves exposure to ionizing radiation and to indicate the measures so taken in its next report.

Article 12. Medical examinations. The Committee notes the Government’s indication that, under Order No. 206 of 23 March 1990 on medical control with work involving ionizing radiation, only persons performing radiation work under conditions which normally involve exposure to ionizing radiation in doses exceeding 6 mSv per year or 3/10th of the limits for the lens of the eye, skin and extremities mentioned in Order No. 823 of 31 October 1997, Annex 1, are required to undergo medical examinations. Recalling that Article 12 of the Convention requires all workers directly engaged in radiation work to undergo an appropriate medical examination prior to or shortly after taking up such work and to subsequently undergo further medical examinations at appropriate intervals, the Committee requests the Government to take the necessary measures to ensure that all workers directly engaged in radiation work undergo appropriate medical examinations in accordance with Article 12 of the Convention and to indicate the measures so taken in its next report.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes with interest the Government’s indications, in response to its previous comments in respect of workers whose continued engagement in work involving exposure to ionizing radiation has been found to be medically inadvisable, that the Public Employment Service will try to place him or her in another job, such as a job with a public subsidy, that if the person cannot be placed in a job but is otherwise assessed as being available to the labour market, he or she would qualify for employment benefits for a period of up to five years, that if the person is sick he or she would qualify for sickness benefits, possibly a pension, and that, furthermore, when there is a proven occupational injury, the employer’s insurance company should pay compensation to the worker concerned. The Committee requests the Government to continue to provide information on the application in practice of this Article of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the numerous legislative amendments giving further effect to the Convention, including Order No. 559 of 17 June 2004 on the performance of work, Order No. 496 of 27 May 2004 amending Order No. 292 of 26 April 2001 on work with substances and materials (chemical agents) and Order No. 497 of 27 May 2004 on special requirements for producers, suppliers and importers of substances and materials, the latter introducing the prohibition of chromate in cement. It also notes with interest the adoption of Order No. 1502 of 21 December 2004 on asbestos, its section 3 prohibiting the production, importation, use and transport of asbestos, and also notes the Government’s statement that this Order does not apply to demolition work and maintenance on asbestos, but that Chapter 6 (sections 22 to 25) of Order No. 1502 of 2004 provides for rules applicable to such demolition and maintenance work. The Committee also notes the Government’s statement that exemptions from the prohibition of occupational exposure to carcinogenic substances and agents are granted extremely rarely and most often for purposes of scientific research and other laboratory tests. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

Article 2(2). Reducing the number of workers exposed to carcinogenic substances or agents. With reference to its previous comments regarding measures taken to reduce the number of workers exposed to carcinogenic substances or agents, the Committee notes with interest the Government’s statement that section 10(4) of Order No. 292 of 26 April 2001, on work with substances and materials (chemicals), prescribes that employers are required to remove or limit the exposure of workers to hazardous substances and materials and that they also must, to the highest extent possible, limit to a minimum the number of workers who are exposed or risk being exposed to hazardous substances and materials, in accordance with the Convention.

Article 3. Keeping of records. As regards its previous request on whether the reports from medical doctors on known or suspected cases of occupational cancer are recorded by the authorities, the Committee notes the Government’s statement that no central filing occurs of these reports that are submitted to the National Working Environment Authority, but that these reports are used to assess whether there is a reason to order that a given enterprise take measures regarding the working environment in relation to the individual worker. It also notes the Government’s statement that knowledge on occupational connections to occurrences of cancer is collated through data in the pension registry (ATP) and the cancer register. With reference to its comments below concerning medical examinations after the termination of employment, the Committee requests the Government to provide information in its next report on whether it is envisaged to adopt any measures to ensure records on occupational cancer during employment and after the termination of employment.

Article 5. Medical examinations. The Committee notes that Chapter 10, sections 32 and 33, of Order No. 1502 of 21 December 2004 on asbestos provide for pre-employment medical examinations and that periodical medical examinations shall be carried out every third year during the employment. The Committee also notes the Government’s statement that medical examinations of former employees may be ordered by the Director-General of the Working Environment Authority, but that this provision has never been made use of. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take measures to guarantee that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

Part IV of the report form. The Committee notes the Government’s reference to a report published by the Working Environment Authority on cancer-related illness among Danish workers (1970-97). It appears that this text was not appended to the Government’s report. The Committee requests the Government to submit a copy of the report by the Working Environment Authority on cancer-related illness among Danish workers (1970-97) and to continue to provide information on cancer-related illness, as well as to provide any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the detailed information contained in the Government’s report and the attached legislation. With reference to its previous comments, the Committee notes that the Government’s report was received too late to be taken into account in that context. With reference to information contained in this report, the Committee notes with interest the amendment to section 7(a) of the Work Environment Act (WEA) ensuring application of Article 13 of the Convention. Furthermore, as a complement to its previous comments, and taking into account the information provided by the Government in its most recent report, the Committee requests the Government to provide the following additional information:

Articles 1 and 8 of the Convention. Scope of application, excluded branches and national legislation. The Committee notes with interest the adoption of Notification No. 682 of 30 June 2005 on the protection of workers from the risks related to vibrations at work and Notification No. 239 of 6 April 2005 on work performed by young persons (repealing Notification No. 516 of 14 June 1996). With respect to branches excluded under Article 1, paragraphs 2 and 3, the Committee understands that Act No. 292 of 1981 has been replaced by the Offshore Safety Act No. 1424 of 21 December 2005 (entering into force on 1 July 2006) and notes with interest that this Act and the numerous notifications issued thereunder provide OSH protection to workers in the offshore installation branch. It also notes that similar protection is provided for the aviation branch (for example, Notification No. 617 of 23 June 2005 on exposure of crew members to vibrations) and for shipping (by Act No. 627 of 27 February 2002 on safety at sea and regulations issued thereunder). The Committee asks the Government to continue to provide information on legislative measures adopted to ensure the full application of the Convention and also asks the Government to provide information in its next report on the regulations applicable to occupational safety and health issues for workers in road transportation and to provide copies of these rules.

Article 2. Excluded categories. As noted by the Committee in its previous comment, Notification No. 559 of 17 June 2004 concerning the performance of work, provides that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, also apply to homeworkers. Furthermore, under section 57 of the WEA, the Ministry of Employment may issue rules restricting working time for work involving special risks to safety and health. The Committee reiterates its previous request to the Government to provide information in its next report as to whether any rules reducing the working time for work involving certain risks to safety and health have been adopted under section 57 of the WEA, particularly for any of the categories excluded under the WEA, and to provide copies of any such regulations.

Articles 4, 7 and 9. Reform of the national OSH system, including of the labour inspection system. With respect to the so-called “Smiley Scheme” screening occupational safety and health at workplaces, the Committee notes from the Working Environment Authority’s web site, www.at.dk that, on 18 September 2006, 36,070 enterprises had been screened, of which 1,232 had received the work environment certificate, 2,770 were marked with one or more corrections to make within a time period, and that 118 enterprises were requested to seek mandatory consultancy advice. The Committee requests the Government to provide additional information in its next report on the practical application of the screenings and consultancy advice in practice.

Article 6. Authorities. The Committee had previously noted that, under section 72(b) of the WEA, the social partners have the possibility to regulate certain occupational safety and health issues by collective agreement. The Committee also notes the Government’s statement that this applies to work-related psychosocial risk factors, monotonous, repetitive work, use of personal protective equipment and welfare initiatives, and that if an OSH issue is covered by the collective agreement, it is no longer the labour inspection supervising the implementation, and that any dispute shall be dealt with by the Labour Court. The Committee asks the Government to provide additional information in its next report on any collective agreement resulting in that the supervision of the application of occupational safety and health issues should be dealt with under the collective bargaining system and whether the Labour Court has handled any dispute in this respect.

Article 9. Labour inspection and penalties. Previously the Committee noted that section 82(a) of the WEA and, in accordance with Notification No. 107 of 28 February 2002, introduced the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA. Further, with respect to the violations of the WEA that may lead to a fine or imprisonment of up to one year, the Committee understands that section 82 of the WEA has been amended (by Notification No. 300 of 19 April 2006) introducing that certain circumstances are to be considered as an “aggravating circumstance” when an employer, intentionally or by gross negligence, contravenes the legislative requirements respecting the use of personal protective equipment, the use of extraction measures, the use of safety equipment or measures, the use of safe working methods or the certificates for cranes and forklift trucks. It also notes that an employer ignoring an improvement notice issued under section 77 of the WEA, which had previously been issued for the same or similar condition, shall be considered as an aggravating circumstance. The Committee requests the Government to provide information in its next report on the number of times the administrative procedure for “clear and uncomplicated cases of violations” of the WEA has been used and to provide examples of situations when it has been used. The Committee also requests the Government to provide information in its next report on any conduct having been considered as an aggravating circumstance in violation of an occupational safety and health rule.

Article 11. Notification of occupational accidents and diseases. The Committee notes from the Working Environment Authority annual report on occupational accidents and diseases on the web site www.at.dk, that the number of occupational accidents has decreased (50,043 accidents reported in 1999 compared with 41,943 in 2004), while the number of illnesses remained more or less stable (12,635 illnesses reported in 1999 compared to 12,491 in 2004). In this respect, the Committee notes the Government’s statement that, with respect to OSH activities at the level of enterprises where a safety committee has to be established (when ten or more workers are employed), these committees shall also take into account any sick leave that may indicate a working environment problem. The Committee requests the Government to provide information with its next report on measures taken or envisaged to include reported sick leave as an indication of an occupational safety and health problem.

Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee recalls from its previous request that, as part of the implementation of the action plan “A clean working environment 2005”, work was to be undertaken to examine how the working environment training can be strengthened within the vocational training system and in a number of more advanced training programmes, such as the engineering education. The Committee hopes that the Government will be able to provide information in its next report on measures taken or envisaged to include OSH issues at all levels of education and training, in accordance with the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the reference made in the Government’s first report to section 3 of Regulation No. 1502 of 21 December 2004, regarding asbestos (Asbestos Regulations) (as amended up to 19 April 2009), and Annex 2 to Notice A from the Danish Maritime Authority (DMA), according to which the production, importation, use of or work with asbestos, or materials containing asbestos, under any form whatsoever is banned both on land and on ships. The Committee notes, however, that both as regards work on land and on ships relevant legislation contains certain derogations from this ban. Recalling that Article 1 of the Convention states that this Convention applies to all activities involving exposure of workers to asbestos in the course of work, the Committee reminds the Government that it is required to report on the application of each Article of the Convention where workers may be exposed to asbestos in the course of their work.

Articles 16, 17(1), 19(1), 21(5) and 22(3) of the Convention. Application of the Convention concerning work with asbestos on land. The Committee notes that the Convention is implemented through different sets of legislation depending on whether the work with asbestos occurs on land or on ships, and that the report is silent on the application of several Articles regarding work with asbestos on land. In addition to the questions raised below, the Government is requested to provide additional information on the application of the following Articles concerning work with asbestos on land: Article 16, Specific measures for work on land; Article 17(1), Demolition work; Article 19(1), Disposal of waste; Article 21(5), Notification of occupational diseases; and Article 22(3). Provision of information and training.

In addition to the foregoing, the Government is requested to provide further information on the application of the following Articles of the Convention:

Article 6(3). Preparation of procedures for dealing with emergency situations. The Committee notes that Regulation No. 559 of 17 June 2004, on the Performance of Work ensures the application of this provision as regards emergency situations on land, but that the report is silent regarding the application of this provision in relation to emergency situations in relation to work with asbestos on ships. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the provisions concerning procedures for dealing with emergency situations in accordance with Article 6(3), in relation to work with asbestos on ships.

Article 11(2). Derogations to the prohibition against the use of crocidolite and products containing this fibre. The Committee notes the derogations provided for in paragraph 1 to the Asbestos Regulations. The Committee requests the Government to provide further information on the application of these derogations in practice and the full application of Article 11(2) in this context.

Article 15(1). Limits for exposure to asbestos. The Committee notes that in its response the Government refers to relevant provisions regarding both work on land and on ships, which regulate the manner in which such work should be carried out to ensure “to the broadest extent possible” that persons at the workplace and surroundings are not exposed to dust from asbestos, or materials containing asbestos, and that exposure to asbestos must be reduced “as much as is reasonable in consideration of the technical development and set permissible values must be observed”. The Government has not, however, indicated the values that are permissible. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe limits of exposure to asbestos in accordance with Article 15(1), both in relation to work on land and on ships.

Article 17(2) and (3). Workplans. The Committee notes that Annex 2 to Notice A indicates that a workplan shall be drawn up and submitted to the DMA before dismantling work is initiated. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirements related to the content of the referenced workplans and the consultations to be held with workers or their representatives in accordance with Article 17(2) and (3), both in relation to work on land and on ships.

Article 18(2)–(5). Personal protective equipment. The Committee notes that both the Asbestos Regulations and the Annex 2 to Notice A require workers to use personal protective equipment where there is a risk of exposure to asbestos. The Committee notes, however, that the Government has not provided information on the effect given to the other requirements referred to under this Article of the Convention. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to all requirements related to personal protective equipment in accordance with Article 18(2)–(5), both in relation to work on land and on ships.

Article 19(2). Prevention of pollution of the general environment. Although the Government’s report is silent in this respect, the Committee notes that section 7 of the Asbestos Regulations provides that work must be organized and executed in such a way that it is ensured to the broadest extent possible, that persons at the workplace “and in the surroundings” are not exposed, and that Annex 2 to Notice A provides that work shall be organized and performed in a manner in which persons at the workplace and nearby are not exposed to asbestos and that the scope of these regulations appear to include the general environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, both in relation to work on land and on ships, to give effect to the requirement to prevent pollution of the general environment by asbestos dust released from workplaces on land and on ships in accordance with Article 19(2).

Article 20(2). Record keeping of monitoring of the working environment. With reference to the Asbestos Regulations and Notice A, the Committee notes that the prevalence of asbestos must be regularly measured at workplaces on land as well as on ships, and that recorded information of exposure of workers to asbestos must be kept for at least 40 years. The Committee notes the absence of information regarding the required record keeping of measurements resulting from monitoring of the working environment. The Committee requests the Government to provide further information on measures taken, in law and in practice, to give effect to the requirement to prescribe a period for record keeping of measurements of the working environment according to Article 20(2), both in relation to work on land and on ships.

Article 21(1) and (3)–(4). Medical examinations and maintenance of income. The Asbestos Regulations provide that workers shall be subject to a health examination before they start work with asbestos or with materials containing asbestos and if necessary at regular intervals subsequently and at least once every third year, while no information is provided regarding post-employment monitoring of the health of workers who have been exposed to asbestos. The Committee also notes that the Government’s report is silent as regards the requirements concerning the right for workers to be informed in an adequate and appropriate manner of the results of their medical examinations, and to provide workers with other means of maintaining their income, when continued assignment to work involving exposure to asbestos is found to be medically inadvisable. The Committee requests the Government to provide additional information with respect to measures taken, in law and in practice, to give effect to Article 21(1) and (3)–(4), both in relation to work on land and on ships.

Article 22(1) and (2). Information and education. The Committee notes that the Government’s report is silent on the application of these provisions of the Convention. The Committee requests the Government to provide additional information with respect to the application of Article 22(1) and (2), both in relation to work on land and on ships.

Part V of the report form. Application in practice. The Committee notes with interest the detailed information provided regarding awareness-raising campaigns and enforcement activities, and the results of these efforts, including in relation to the handling of asbestos waste, work in shipyards, the investigation regarding the prevalence of asbestos in elevator shafts, the monitoring of the prevalence of asbestos in the building and construction industry, as well as the focus on asbestos in the context of the screening of safety and health conditions of all Danish enterprises under the “Smiley Scheme”. The Committee requests the Government to continue to provide such information including any statistical data resulting from these efforts.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its latest report and in particular the numerous legislative amendments and executive orders adopted, guidelines developed, and new maximum penalties introduced for the violation of the Working Environment Act, which give further effect to the provisions of the Convention. The Committee further notes the references provided by the Government to relevant provisions giving effect to Articles 19, 25 and 27 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention.

Article 22(1) of the Convention. Structural frames and formwork. The Committee notes the response provided by the Government which indicates the relevant provisions of the Executive Order on the Performance of Work, the Executive Order on the Design of Technical Equipment and the Executive Order on the Use of Work Equipment, which give effect to the majority of the requirements under this Article. The Committee asks the Government to provide further information on the specific provisions which ensure that the erection of structural frames and components, formwork, false work and shoring are to be carried out only under the supervision of a competent person.

Article 23(b). Work over water. The Committee notes the response provided by the Government which indicates the relevant provisions of the Executive Order on the Conditions at Construction Sites and Similar Places of Work, which give effect to paragraphs (a) and (c) of Article 23. The Committee asks the Government to provide further information on the specific provisions which ensure the rescue of any workers in danger of drowning where work is done over, or in close proximity to, water, as required by paragraph (b) of Article 23.

Part VI of the report form. Application in practice. The Committee notes with interest the information provided by the Government on the special efforts being undertaken by the Working Environment Authority between 2007 and 2010, to carry out intense inspections in trades and enterprises where significant health and safety challenges exist; and the intention to use these inspections to put the focus on the working environment problems particularly related to ergonomics and the psychological working environment. Noting the high number of accidents (5,732) and diseases (902) reported in the construction industry in 2008, the Committee welcomes the information that during 2009–10 the building and construction trades will be the subject of the abovementioned special efforts. The Committee asks the Government to provide information on the outcome of the references efforts and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s reports and the attached legislation.

2. Articles 1 and 6(a) of the Convention. Carcinogenic substances and agents and national legislation. The Committee notes with interest the numerous legislative amendments giving further effect to the Convention, including Order No. 559 of 17 June 2004 on the performance of work, Order No. 496 of 27 May 2004 amending Order No. 292 of 26 April 2001 on work with substances and materials (chemical agents) and Order No. 497 of 27 May 2004 on special requirements for producers, suppliers and importers of substances and materials, the latter introducing the prohibition of chromate in cement. It also notes with interest the adoption of Order No. 1502 of 21 December 2004 on asbestos, its section 3 prohibiting the production, importation, use and transport of asbestos, and also notes the Government’s statement that this Order does not apply to demolition work and maintenance on asbestos, but that Chapter 6 (sections 22 to 25) of Order No. 1502 of 2004 provides for rules applicable to such demolition and maintenance work. The Committee also notes the Government’s statement that exemptions from the prohibition of occupational exposure to carcinogenic substances and agents are granted extremely rarely and most often for purposes of scientific research and other laboratory tests. The Committee requests the Government to continue to provide information on legislative measures undertaken or envisaged to ensure the application of the Convention.

3. Article 2, paragraph 2. Reducing the number of workers exposed to carcinogenic substances or agents. With reference to its previous comments regarding measures taken to reduce the number of workers exposed to carcinogenic substances or agents, the Committee notes with interest the Government’s statement that section 10(4) of Order No. 292 of 26 April 2001, on work with substances and materials (chemicals), prescribes that employers are required to remove or limit the exposure of workers to hazardous substances and materials and that they also must, to the highest extent possible, limit to a minimum the number of workers who are exposed or risk being exposed to hazardous substances and materials, in accordance with the Convention.

4. Article 3. Keeping of records. As regards its previous request on whether the reports from medical doctors on known or suspected cases of occupational cancer are recorded by the authorities, the Committee notes the Government’s statement that no central filing occurs of these reports that are submitted to the National Working Environment Authority, but that these reports are used to assess whether there is a reason to order that a given enterprise take measures regarding the working environment in relation to the individual worker. It also notes the Government’s statement that knowledge on occupational connections to occurrences of cancer is collated through data in the pension registry (ATP) and the cancer register. With reference to its comments below concerning medical examinations after the termination of employment, the Committee requests the Government to provide information in its next report on whether it is envisaged to adopt any measures to ensure records on occupational cancer during employment and after the termination of employment.

5. Article 5. Medical examinations. The Committee notes that Chapter 10, sections 32 and 33, of Order No. 1502 of 21 December 2004 on asbestos provide for pre-employment medical examinations and that periodical medical examinations shall be carried out every third year during the employment. The Committee also notes the Government’s statement that medical examinations of former employees may be ordered by the Director-General of the Working Environment Authority, but that this provision has never been made use of. With respect to the importance of medical examinations to be carried out after the termination of employment, the Committee points out that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as there is no difference between occupational cancer and other non-occupational forms from the clinical and pathological points of view. Moreover, the development of cancer is generally very slow, with latency periods stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take measures to guarantee that workers are provided with such medical examinations or biological or other tests or investigations as are necessary to evaluate their state of health in relation to occupational hazards not only during the period of employment but also thereafter.

6. Part IV of the report form. The Committee notes the Government’s reference to a report published by the Working Environment Authority on cancer-related illness among Danish workers (1970-97). It appears that this text was not appended to the Government’s report. The Committee requests the Government to submit a copy of the report by the Working Environment Authority on cancer-related illness among Danish workers (1970-97) and to continue to provide information on cancer-related illness, as well as to provide any additional information on the number of workers covered by the Convention, disaggregated by gender if possible.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s report and the attached legislation. With reference to its previous comments, the Committee notes that the Government’s report was received too late to be taken into account in that context. With reference to information contained in this report, the Committee notes with interest the amendment to section 7(a) of the Work Environment Act (WEA) ensuring application of Article 13 of the Convention. Furthermore, as a complement to its previous comments, and taking into account the information provided by the Government in its most recent report, the Committee requests the Government to provide the following additional information:

2. Articles 1 and 8 of the Convention. Scope of application, excluded branches and national legislation. The Committee notes with interest the adoption of Notification No. 682 of 30 June 2005 on the protection of workers from the risks related to vibrations at work and Notification No. 239 of 6 April 2005 on work performed by young persons (repealing Notification No. 516 of 14 June 1996). With respect to branches excluded under Article 1, paragraphs 2 and 3, the Committee understands that Act No. 292 of 1981 has been replaced by the Offshore Safety Act No. 1424 of 21 December 2005 (entering into force on 1 July 2006) and notes with interest that this Act and the numerous notifications issued thereunder provide OSH protection to workers in the offshore installation branch. It also notes that similar protection is provided for the aviation branch (for example, Notification No. 617 of 23 June 2005 on exposure of crew members to vibrations) and for shipping (by Act No. 627 of 27 February 2002 on safety at sea and regulations issued thereunder). The Committee asks the Government to continue to provide information on legislative measures adopted to ensure the full application of the Convention and also asks the Government to provide information in its next report on the regulations applicable to occupational safety and health issues for workers in road transportation and to provide copies of these rules.

3. Article 2. Excluded categories. As noted by the Committee in its previous comment, Notification No. 559 of 17 June 2004 concerning the performance of work, provides that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, also apply to homeworkers. Furthermore, under section 57 of the WEA, the Ministry of Employment may issue rules restricting working time for work involving special risks to safety and health. The Committee reiterates its previous request to the Government to provide information in its next report as to whether any rules reducing the working time for work involving certain risks to safety and health have been adopted under section 57 of the WEA, particularly for any of the categories excluded under the WEA, and to provide copies of any such regulations.

4. Articles 4, 7 and 9. Reform of the national OSH system, including of the labour inspection system. With respect to the so-called “Smiley Scheme” screening occupational safety and health at workplaces, the Committee notes from the Working Environment Authority’s web site, www.at.dk that, on 18 September 2006, 36,070 enterprises had been screened, of which 1,232 had received the work environment certificate, 2,770 were marked with one or more corrections to make within a time period, and that 118 enterprises were requested to seek mandatory consultancy advice. The Committee requests the Government to provide additional information in its next report on the practical application of the screenings and consultancy advice in practice.

5. Article 6. Authorities. The Committee had previously noted that, under section 72(b) of the WEA, the social partners have the possibility to regulate certain occupational safety and health issues by collective agreement. The Committee also notes the Government’s statement that this applies to work-related psychosocial risk factors, monotonous, repetitive work, use of personal protective equipment and welfare initiatives, and that if an OSH issue is covered by the collective agreement, it is no longer the labour inspection supervising the implementation, and that any dispute shall be dealt with by the Labour Court. The Committee asks the Government to provide additional information in its next report on any collective agreement resulting in that the supervision of the application of occupational safety and health issues should be dealt with under the collective bargaining system and whether the Labour Court has handled any dispute in this respect.

6. Article 9. Labour inspection and penalties. Previously the Committee noted that section 82(a) of the WEA and, in accordance with Notification No. 107 of 28 February 2002, introduced the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA. Further, with respect to the violations of the WEA that may lead to a fine or imprisonment of up to one year, the Committee understands that section 82 of the WEA has been amended (by Notification No. 300 of 19 April 2006) introducing that certain circumstances are to be considered as an “aggravating circumstance” when an employer, intentionally or by gross negligence, contravenes the legislative requirements respecting the use of personal protective equipment, the use of extraction measures, the use of safety equipment or measures, the use of safe working methods or the certificates for cranes and forklift trucks. It also notes that an employer ignoring an improvement notice issued under section 77 of the WEA, which had previously been issued for the same or similar condition, shall be considered as an aggravating circumstance. The Committee requests the Government to provide information in its next report on the number of times the administrative procedure for “clear and uncomplicated cases of violations” of the WEA has been used and to provide examples of situations when it has been used. The Committee also requests the Government to provide information in its next report on any conduct having been considered as an aggravating circumstance in violation of an occupational safety and health rule.

7. Article 11. Notification of occupational accidents and diseases. The Committee notes from the Working Environment Authority annual report on occupational accidents and diseases on the web site www.at.dk, that the number of occupational accidents has decreased (50,043 accidents reported in 1999 compared with 41,943 in 2004), while the number of illnesses remained more or less stable (12,635 illnesses reported in 1999 compared to 12,491 in 2004). In this respect, the Committee notes the Government’s statement that, with respect to OSH activities at the level of enterprises where a safety committee has to be established (when ten or more workers are employed), these committees shall also take into account any sick leave that may indicate a working environment problem. The Committee requests the Government to provide information with its next report on measures taken or envisaged to include reported sick leave as an indication of an occupational safety and health problem.

8. Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee recalls from its previous request that, as part of the implementation of the action plan “A clean working environment 2005”, work was to be undertaken to examine how the working environment training can be strengthened within the vocational training system and in a number of more advanced training programmes, such as the engineering education. The Committee hopes that the Government will be able to provide information in its next report on measures taken or envisaged to include OSH issues at all levels of education and training, in accordance with the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the detailed information contained in the Government’s reports.

2. Articles 4, 8 and 12 of the Convention. National legislation, shared workplaces and situations of immediate danger. The Committee notes with interest the numerous legislative measures undertaken, among them the adoption of Order No. 589 of 22 June 2001 on the design of building sites and similar workplaces and of Order No. 574 of 21 June 2001 on the duties of project designers and consultants under the Working Environment Act. With respect to shared workplaces, the Committee notes the amendments to section 37 of the Working Environment Act (Consolidated Act No. 268 of 18 March 2006) and the adoption of Order No. 576 of 21 June 2001 on builders’ responsibilities, ensuring that the contractor cannot hand over her/his duty to cooperate, ensuring the application of Article 8 of the Convention. The Committee also notes with interest the introduction of section 17(a) to (c) of the Working Environment Act providing for the right of workers to remove themselves from danger and the obligation of employers not only to stop the operation and evacuate workers as appropriate, but also to ensure that workers are able to take appropriate measures themselves independently to avoid the consequences of serious and imminent danger. The Committee requests the Government to continue to provide information on legislative measures undertaken to ensure the application of the Convention.

3. Articles 19, 22, 23, 25 and 27. Preventive and protective measures. The Committee notes that the Government omits to provide information on preventive and protective measures undertaken to ensure the safety and health of workers in excavations, shafts, earthworks, underground works and tunnels (Article 19), structural frames and formwork (Article 22), work over water (Article 23), lighting (Article 25) and work carried out with explosives (Article 27). The Committee requests the Government to provide information in its next report on preventive and protective measures taken or envisaged with respect to Articles 19, 22, 23, 25 and 27.

4. Part VI of the report form. General appreciation of the application of the Convention. The Committee notes the Government’s statement that 154,163 workers were engaged in the building and construction industry in 1996, and that 4,406 accidents and 1,083 occupational diseases were reported in 1997. The Committee requests the Government to continue to provide information on the practical application of the Convention, including information from labour inspections, statistical information on the number of workers covered by the Convention, disaggregated by gender, and the number of occupational accidents and diseases reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report and the information it contains regarding laws relevant for giving effect to the provisions of the Convention.

2. Article 7 of the Convention. Performance of work involving exposure to ionizing radiation by young persons. The Committee notes that section 11, cf. annex 6, of Order No. 239 of 6 April 2005, on work performed by young persons, provides that young persons must not perform work which involves exposure to ionizing radiation. It notes however that the rules issued by the State Institute for Radiation Hygiene of the National Board of Health (SIS) contain provisions prescribing a lower age limit of 16 years for work with ionizing radiation as per which young persons aged over 15 years, who have completed compulsory school education, may perform risky functions provided that such work is a necessary element of a formally qualifying training programme of at least two years’ duration. The Committee recalls that Article 7, paragraph 2, of the Convention prescribes that no person under the age of 16 years shall be engaged in work involving ionizing radiation. Noting that this prohibition under Article 7, paragraph 2, does not permit any exception to be made for the purpose of training, the Committee requests the Government to take the necessary measures to ensure that young persons below the age of 16 years do not perform any work that involves exposure to ionizing radiation and to indicate the measures so taken in its next report.

3. Article 12. Medical examinations. The Committee notes the Government’s indication that, under Order No. 206 of 23 March 1990 on medical control with work involving ionizing radiation, only persons performing radiation work under conditions which normally involve exposure to ionizing radiation in doses exceeding 6 mSv per year or 3/10th of the limits for the lens of the eye, skin and extremities mentioned in Order No. 823 of 31 October 1997, Annex 1, are required to undergo medical examinations. Recalling that Article 12 of the Convention requires all workers directly engaged in radiation work to undergo an appropriate medical examination prior to or shortly after taking up such work and to subsequently undergo further medical examinations at appropriate intervals, the Committee requests the Government to take the necessary measures to ensure that all workers directly engaged in radiation work undergo appropriate medical examinations in accordance with Article 12 of the Convention and to indicate the measures so taken in its next report.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes with interest the Government’s indications, in response to its previous comments in respect of workers whose continued engagement in work involving exposure to ionizing radiation has been found to be medically inadvisable, that the Public Employment Service will try to place him or her in another job, such as a job with a public subsidy, that if the person cannot be placed in a job but is otherwise assessed as being available to the labour market, he or she would qualify for employment benefits for a period of up to five years, that if the person is sick he or she would qualify for sickness benefits, possibly a pension, and that, furthermore, when there is a proven occupational injury, the employer’s insurance company should pay compensation to the worker concerned. The Committee requests the Government to continue to provide information on the application in practice of this Article of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s reports.

2. Article 1 of the Convention. Scope of application and excluded branches. The Committee notes that the Working Environment (Consolidation) Act No. 497 of 29 June 1998, as amended, up to Act No. 442 of 9 June 2004 (WEA), is applicable to all branches of economic activity and that, under section 3 of the WEA, aviation, shipping and fishing are excluded from the scope of application. It notes that the WEA is applicable to aviation as regards work performed on the ground and to fishing and shipping as regards loading and unloading of ships and shipyard work carried out on board and similar work. The Committee notes with interest that extensive legislation has been adopted for each branch in order to provide adequate protection to these workers, in particular Notification No. 918 of 18 November 2003 respecting working environment conditions for crewmembers on duty on aircraft and for the employers and the technical regulation of occupational safety and health in ships of 1 July 2004, adopted by the Maritime Authority (Søfartsstyrelsen). The Committee further notes Act No. 292 of 10 June 1981 on offshore installations including oil-drilling activities on the Danish continental shelf and the Government’s reference to a series of implementing regulations applicable in this area. The Committee also notes that the Government indicates that special rules apply to road transport. The Committee requests the Government to provide with its next report copies of regulations applicable to occupational safety and health issues for workers on offshore installations, as well as relevant legislation applicable to road transport.

3. Article 2. Excluded categories of workers. The Committee notes that, pursuant to section 2(2) of the WEA, workers employed in the employer’s private household and work being performed exclusively by members of the employer’s family who belong to the household are excluded from its application. It further notes that, as regards work being performed in the worker’s own home, the WEA is, in principle, applicable, but due to difficulties in supervising compliance, the application of certain sections of the WEA have been excluded by Notification No. 247 of 2 April 2003 on Exemption from the Application of the Working Environment Act in respect of Work Performed in the Employee’s Home. Notification No. 559 of 17 June 2004, concerning the performance of work further prescribes that certain basic OSH rules, such as the obligation to plan, organize and perform work in a safe and healthy working environment, are applicable to homeworkers, even when work is not being performed for an employer. The Committee notes that, under section 57 of the WEA, the Ministry of Employment (Beskæftigelsesministeriet) may issue rules restricting working time for work involving special risks to safety and health. The Committee requests the Government to provide information with its next report on whether the Ministry of Employment has issued any rules reducing the working time for work involving special risks to safety and health.

4. Article 4, paragraph 1. National policy. The Committee notes the Government’s statement that the action plan adopted in 1996, "A clean working environment 2005", introduced, in 1999, a new structure for the cooperation between the social partners with four-year plans. The Committee asks the Government to provide detailed information with its next report on the restructuring of the cooperation between the social partners.

5. Articles 4, 7 and 9. Reform of the national system for occupational safety and health including reform of the labour inspection system. The Committee understands that, in May 2004, Parliament adopted an occupational safety and health reform entitled "A Safe and Healthy Working Environment for Employees and Enterprises", which has resulted in several amendments to existing legislation and to the issuance of new OSH legislation. The Committee notes with interest the comprehensive reform of the labour inspection system (section 72 of the WEA and implementing regulations) and that, as of 1 January 2005 and seven years onwards, the Danish Working Environment Authority will screen the health and safety conditions of all Danish enterprises with employees, that subsequently all enterprises will be screened approximately once every three years, and that enterprises prioritized for inspection will be screened approximately every two years. It also notes the provisions concerning different types of inspections including "adapted" inspections targeting enterprises having hazardous working environmental conditions, "detailed" inspections concerning specific problems or problem areas, including examination of work-related accidents, diseases and ailments, and the "supplier" inspections concerning safety and health for the users of one or more of suppliers’ product. The Committee further notes with interest the introduction of provisions requiring enterprises to seek consultancy advice and the mandatory publication of the status of enterprises’ health and safety conditions on the Working Environment Authority’s (Arbejdstilsynet) web site, under the so-called "Smiley Scheme". The Committee notes in this respect Notification No. 553 of 17 June 2004, concerning the use of authorized occupational safety and health consultants for a period of time (period notice), Notification No. 554 of 17 June 2004, concerning the use of authorized occupational safety and health consultants to solve specific health and safety problems (problem notice), Notification No. 555 of 17 June 2004, concerning the approval of authorized occupational safety and health consultants to assist enterprises to apply requests to use counselling, and Notification No. 1497 of 20 December 2004, respecting disseminating information on enterprises’ occupational safety and health work (the Smiley Order). The Committee requests the Government to provide detailed information with its next report on the practical application of this reform, results obtained and measures taken or envisaged, in order to minimize the causes for hazards inherent in the working environment, including statistical information on the number of screenings and labour inspections carried out, the findings and remedies.

6. Article 6. Authorities. The Committee notes that, under the WEA, the Working Environment Authority is the supreme authority in the field of OSH responsible for advising the labour market actors and the general public on working environment matters and for issuing rules with the Ministry of Employment (Beskæftigelsesministeriet). The Working Environment Authority shall be informed of technical and social developments, examine plans for working processes, workplaces, technical equipment, substances and materials, and issue licences under the Act or administrative orders. The Working Environment Authority is responsible for supervising the application of working environment legislation. In this respect, the Committee notes that, under section 72b of the WEA and Notification No. 1156 of 25 November 2004, on the limitation of the working environment’s supervision of the application of certain working environment rules, that employers’ and workers’ central organizations may, in their collective agreements, conclude that the supervision of certain OSH rules shall be carried out within the rules of the collective bargaining system. The Committee asks the Government to provide information on any centrally concluded collective agreements where it has been agreed that the supervision of the application of occupational safety and health legislation should be dealt with in the collective bargaining system.

7. Notification No. 1477 of 20 December 2004, respecting the rules applicable to the Working Environment Council (Arbejdsmiljørådet), states that this Council is the forum where the labour market partners discuss and cooperate regarding working environment issues and participate in the correction and implementation of joint working environment activities through recommendations of the Ministry of Employment. Notification No. 1476 of 20 December 2004, respecting the Working Environment Council’s activities for the work environment regulates more in detail the activities to be carried out. The Committee further notes that the Working Environment Institute (Arbejdsmiljøinstituttet) is an independent research institute carrying out research in the field of OSH. It also notes that the Working Environment Research Fund (Arbejdsmiljøforskningsfonden), established under Notification No. 1408 of 15 December 2004, states that its task is to improve working environment research to give support to research and improvements in the working environment, in order to prepare and, through this, prevent, limit and reduce the exclusion of persons from the labour market due to work-related accidents, etc. The Committee requests the Government to provide detailed information with its next report on measures taken or envisaged by the different authorities to implement the national policy on occupational safety and health, including copies of reports, guides and guidelines issued to help employers and workers to comply with their legal obligations.

8. Article 8. National legislation. The Committee notes with interest the extensive legislation that has been adopted ensuring the application of the Convention. In addition to the legislation referred to in this request, it notes Notification No. 96 of 13 February 2001, on the design of permanent workplaces; Notification No. 290 of 5 May 1993, on the design of mobile workplaces; Notification No. 589 of 22 June 2001, respecting the organization of construction sites and similar workplaces; Notification No. 1109 of 15 December 1992, of work carried out with technical tools, as amended up to Notification No. 727 of 29 June 2004; Notification No. 559 of 4 July 2002, respecting special duties for producers, suppliers and importers of substances and materials under the Working Environment Act, as amended up to Notification No. 497, of 27 May 2004; Notification No. 292 of 26 April 2001, respecting work with substances and materials (chemical agents), as amended up to Notification 496 of 27 May 2004; and Notification No. 1503 of 21 December 2004, on working environment training. The Committee asks the Government to provide information with its next report on any amendments introduced or any new legislation adopted.

9. Article 9. Labour inspection and penalties. The Committee notes that the WEA states that violation may lead to fine or imprisonment of up to one year, which may be increased to two years if the contravention was committed deliberately or with gross negligence (section 82). It also notes that Notification No. 107 of 28 February 2002, concerning the application of administrative fines for violations of the Working Environment Act, introduces the possibility to apply an administrative procedure for clear and uncomplicated cases of violations of the WEA (sections 1 and 2). The Committee requests the Government to provide information with its next report on any penalties being issued under these provisions, including the number of times the administrative procedure has been made use of.

10. Article 11. Notification of occupational accidents and diseases. The Committee notes that, under Notification No. 33 of 20 January 2003, on reporting of occupational accidents to the National Working Environment Authority, employers are obliged to report within a time period of nine days for any work-related accident or poisonings having resulted in inability to work for one day or more (section 1). The Committee requests the Government to provide statistical information with its next report on the number of accidents reported as from the entry into force of Notification No. 33 of 2003.

11. Article 14. Measures to include OSH questions into educational and training programmes of all levels. The Committee notes the Government’s statement that, as part of implementation of the action plan "A clean working environment 2005", work is being carried out to make a plan on how the working environment training can be strengthened within the vocational training system and a number of more advanced training programmes, such as the engineering education. The Committee requests the Government to provide detailed information with its next report of the results obtained in including OSH issues at all levels of education and training.

12. Article 19. Cooperation at the level of the undertaking. The Committee notes that Notification No. 575 of 21 June 2001, concerning enterprises’ occupational safety and health activities, as amended up to Notification No. 1506 of 21 December 2004, states that enterprises with ten or more employees shall organize their occupational safety and health activities in an internal safety organization and that all employees (excluding managers and supervisors) shall be included (section 2). In enterprises with less than ten workers, it is the employer who is responsible for the safety organization. The Committee also notes that Safety Committees shall be established in enterprises with more than 20 workers and that, in other enterprises, the supervisor of a department of special field activities shall create safety groups or joint safety groups. The Committee requests the Government to provide information with its next report on measures taken or envisaged by internal safety organizations to give effect to the national policy.

13. Part III of the report form. The Committee requests the Government to provide information with its next report on whether any court of law or other tribunal has given decisions involving questions of principle relating to the application of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government’s indication that article 7 of the abovementioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state whether the limitation of certain tools or work processes also covers measures to reduce the duration of workers’ exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the abovementioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

Article 5. The Committee notes the Government’s indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Part IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new abovementioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government’s indication that article 7 of the abovementioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state whether the limitation of certain tools or work processes also covers measures to reduce the duration of workers’ exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the abovementioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

Article 5. The Committee notes the Government’s indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Part IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new abovementioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Further to its observation, the Committee would draw the Government’s attention to the following point.

The provision of alternative employment. The Committee notes the Government’s indication that the State Institute for Radiation Hygiene of the National Board of Health (SIS) registers the data on the total exposure to ionizing radiations of all workers recorded by dosimeters carried with the individual worker, and informs the worker concerned whether the threshold value is coming close. In this event, the SIS also gives advice to the worker to discontinue the work or employment involving a risk of exposure to ionizing radiation. With regard to external workers, that are workers employed with an employer performing work in a country of the European Union at places where there is a risk of exposure to ionizing radiations, they are obliged to hold a "radiation passport", issued by the SIS, which constitutes a prerequisite to start their employment in question. The SIS may refuse the issuing of this "radiation passport" if the worker concerned has already been subject to excessive exposure to ionizing radiations and has thus come close to the threshold limit. The Committee, taking due note of the information, again draws the Government’s attention to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and requests the Government to indicate the measures taken or contemplated to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable and therefore further exposure to radiation has been disapproved by the SIS.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government’s indication that article 7 of the abovementioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state whether the limitation of certain tools or work processes also covers measures to reduce the duration of workers’ exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the abovementioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

  Article 5. The Committee notes the Government’s indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Part IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new abovementioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes with satisfaction that the State Institute for Radiation Hygiene of the National Board of Health (SIS) has issued Order No. 823 of 31 October 1997, on dose limits for ionizing radiation, which has been elaborated on the basis of the European Community Directive 96/29 EURATOM, and which, for its part, is in line with the Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990. Section 3 of the above Order, read together with its Annex 1, reflects entirely the dose limits recommended by the ICRP for occupational exposure to ionizing radiations of the different categories of workers, which thus applies Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.

2. Scope of emergency work. The Committee notes with satisfaction that section 6 of Order No. 823 of 31 October 1997, repealing Notification No. 838 of 1986, limitsthe scope of emergency interventions where exceptional exposure of workers is justified to life-saving actions, actions necessary to prevent a significant exposure to radiation of the public, or to prevent the development of a catastrophe. Moreover, section 6 fixes the exposure levels at 50 mSv during an emergency, which is even lower than the dose limit recommended by the ICRP for the carrying out of immediate and urgent remedial work.

The Committee is addressing a request directly to the Government on another point.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with interest the adoption of Order No. 300, dated 12 May 1993, on the "measures to be taken against the dangers of cancer when working with chemicals".

Article 2, paragraph 2, of the Convention. The Committee notes the Government's indication that article 7 of the above-mentioned Order contains the relevant measures with respect to the application of this paragraph of the Convention. The Committee notes that article 7 of this Order aims to exclude hazards, coming from the working environment and resulting of dust and other harmful substances, by reducing certain work processes and tools. The Committee requests the Government to state wether the limitation of certain tools or work processes also covers measures to reduce the duration of workers' exposure to carcinogenic substances and agents. With reference to its previous comments, the Committee would recall that Article 2, paragraph 2, of the Convention also aims at reducing the number of workers exposed to carcinogenic substances or agents to the extent compatible with safety. The Committee therefore requests the Government to provide information on the measures taken or envisaged to reduce the number of workers to the minimum compatible with safety.

Article 3. The Committee notes with interest that data on occupationally exposed persons are recorded. Pursuant to section 22 of the Order on "measures to be taken against the dangers of cancer when working with chemicals", an updated list of workers and their possible exposure must be kept. Section 15 of the above-mentioned Order in conjunction with its Annexes 1 and 2 provide for an evaluation of the workplace concerning safety and health conditions. The Committee also notes that all medical doctors are obliged to report to the authorities on known or suspected cases of occupational cancer and that each worker has been registered since 1964 in a pension registry (ATP) collecting information on the name of the enterprise, job title, and time of employment which is combined with the Danish Cancer Registry as a part of the surveillance in the field of occupational cancer. The Committee would ask the Government to indicate whether the reports of the medical doctors to the authorities are recorded. It also requests the Government if the information and data collected are combined, in order to establish a system of records as provided for in this Article of the Convention with the intention to provide information on the size of the exposed active population and on the technical process involving a risk of occupational cancer; to keep under surveillance the various aspects of preventive and protective action taken in this connection; and to improve the knowledge of occupational cancer.

Article 5. The Committee notes the Government's indication that workers have unlimited access to undergo medical examinations which are free of charge for them and that these examinations also take place after the termination of the employment. The Committee requests the Government to indicate whether these medical examinations are obligatory for the workers and to provide further information on the frequency of medical examinations after termination of employment.

Point IV of the report form. The Committee notes the information provided by the Government that studies in connection with the adoption of Order No. 300, dated 12 May 1993, on the impact of the new above-mentioned Order on different trades and a number of employees covered as well as on suspected cases of occupational cancer have not been carried out. It notes that such studies are only carried out during the consultation of the social partners and, in accordance with the generally agreed procedure, only if the matter is controversial. The Committee also notes that the Danish Cancer Society undertakes a new research project on the exposure of Danish workers to substances or agents suspected being carcinogenic. The Committee requests the Government to provide a copy of the results of this research study as soon as available.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 3, paragraph 1, and Article 6, paragraph 2 of the Convention. In its 1992 general observation and direct request, the Committee drew attention to the revised exposure limits adopted on the basis of new physiological findings by the ICRP, and asked the Government to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiation in the light of current knowledge.

The Committee notes from the Government's report that the State Institute for Radiation is currently working on the evaluation of new knowledge; that no decisions have been made during the period under review to change the dose limits; and that this work takes place in close cooperation with the other EU countries. Noting the Government's indication that changes will be made in the form of submission of draft directives, the Committee hopes that the necessary changes will soon be made and that the Government will supply details of the directives adopted or envisaged.

2. Scope of emergency work. The Committee notes the Government's reference to Order No. 838 of 10 December 1986 on dose limits for ionizing radiation, which contains provisions on unintended radiation and exposure to radiation in emergency situations.

The Committee notes that under section 9 of Order No. 838, an emergency situation is to be understood as "a situation in which it is a matter of helping people in danger, to prevent radiation of a big number of persons or to save valuable equipment".

Referring to the explanations provided in paragraphs 23 to 27 and 35(c) of its 1992 general observation on the Convention, the Committee recalls that provision in law and practice should be made to ensure that work involving exceptional exposure of workers, exceeding the normally tolerated dose limit, must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee requests the Government to review section 9 of Order No. 838 accordingly and to indicate the measures taken or envisaged to ensure that workers or other volunteers in emergency situations are not exposed to exceptional levels of radiation in order to save valuable equipment, and that the necessary investment be made in robotized or other techniques of intervention aimed at minimizing exceptional exposure of workers.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, and/or whose further exposure to radiation has been disapproved by the National Health Authority.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its latest report.

1. Article 3, paragraph 1, and Article 6, paragraph 2 of the Convention. In its 1992 general observation and direct request, the Committee drew attention to the revised exposure limits adopted on the basis of new physiological findings by the ICRP, and asked the Government to indicate the steps taken to ensure effective protection of workers against ionizing radiation and to review maximum permissible doses of ionizing radiations in the light of current knowledge.

The Committee notes from the Government's report that the State Institute for Radiation is currently working on the evaluation of new knowledge; that no decisions have been made during the period under review to change the dose limits; and that this work takes place in close cooperation with the other EU countries. Noting the Government's indication that changes will be made in the form of submission of draft directives, the Committee hopes that the necessary changes will soon be made and that the Government will supply details of the directives adopted or envisaged.

2. Scope of emergency work. The Committee notes the Government's reference to Order No. 838 of 10 December 1986 on dose limits for ionizing radiation, which contains provisions on unintended radiation and exposure to radiation in emergency situations.

The Committee notes that under section 9 of Order No. 838, an emergency situation is to be understood as "a situation in which it is a matter of helping people in danger, to prevent radiation of a big number of persons or to save valuable equipment".

Referring to the explanations provided in paragraphs 23 to 27 and 35(c) of its 1992 general observation on the Convention, the Committee recalls that provision in law and practice should be made to ensure that work involving exceptional exposure of workers, exceeding the normally tolerated dose limit, must be strictly limited in scope and duration to what is required to meet an acute danger to life and health; exceptional exposure of workers is neither justified for the purpose of rescuing items of high material value, nor, more generally, because alternative techniques of intervention, which do not involve such exposure of workers, would involve an excessive expense. The Committee requests the Government to review section 9 of Order No. 838 accordingly and to indicate the measures taken or envisaged to ensure that workers or other volunteers in emergency situations are not exposed to exceptional levels of radiation in order to save valuable equipment, and that the necessary investment be made in robotized or other techniques of intervention aimed at minimizing exceptional exposure of workers.

3. The provision of alternative employment. Referring to the explanations provided in paragraphs 28 to 34 and 35(d) of its 1992 general observation on the Convention, the Committee again requests the Government to provide information on measures taken or contemplated to ensure the provision of suitable alternative employment to workers who exceed an accumulated dose of 1 Sv well before retirement age, and/or whose further exposure to radiation has been disapproved by the National Health Authority.

[The Government is asked to report in detail in 1997.]

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes the information provided by the Government in its latest report. The Committee would call the Government's attention to its General Observation under this Convention which sets forth, inter alia, the revised exposure limits adopted on the basis of new physiological findings by the International Commission on Radiological Protection in its 1990 recommendations (Publication No. 60). The Committee would recall that, under Article 3, paragraph 1 and Article 6, paragraph 2, of the Convention, all appropriate steps shall be taken to ensure effective protection of workers against ionising radiations and to review maximum permissible doses of ionising radiations in the light of current knowledge. The Government is requested to indicate the steps taken or being considered in relation to the matters raised in the conclusions to the General Observation.

II. The Committee notes with regret that the information provided in the Government's report contains no reply to its General Observation of 1987. The Committee would now call the Government's attention to paragraphs 16 to 27 and 35(c) of its General Observation under this Convention which concern the limitations of occupational exposure during and after an emergency. The Government is requested to indicate whether, in emergency situations, exceptions are permitted to the normally tolerated dose limits for exposure to ionising radiations and, if so, to indicate the exceptional levels of exposure allowed in these circumstances and to specify the manner in which these circumstances are defined, as well as any further measures taken or under consideration in relation to the matters raised in paragraph 35(c) of the General Observation.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's latest report, in particular as concerns a proposal for new orders concerning carcinogenic substances which have been the subject of consultations with the social partners. It notes the Government's indication that these orders are close to being finalised. The Committee hopes that these orders will provide for the reduction in the number of persons working with carcinogenic substances, as well as in the duration of exposure (Article 2, paragraph 2, of the Convention) which had been the subject of its previous comments and requests the Government to communicate a copy of these orders once they are adopted.

Article 3. In its previous comments, the Committee had noted the Government's indication that the product register set up under Order No. 466 of 14 September 1981 did not contain data on the number of workers exposed to carcinogenic substances or agents. In its latest report, the Government has indicated that there are no plans to set up a register to record data on occupationally exposed persons, the results of technical monitoring, and special medical examinations and laboratory tests performed on these workers. The Government has further indicated that there is presently a register (ATABAS) of most of the industrial hygiene measurements taken by the National Labour Inspection Service, as well as a product register concerning consumer patterns for all dangerous chemicals. The Committee would note, however, that, as indicated in the ILO: Occupational Safety and Health Series, No. 39 ("Occupational Cancer: Prevention and Control", p. 49), the purpose of a register containing the names of exposed persons, the results of technical monitoring, special medical examinations and laboratory tests performed on these workers is to permit the competent authority "to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action. In this way, increased knowledge of the various aspects of occupational cancer epidemiology can be gained." The Government is, therefore, requested to indicate the measures taken or envisaged to establish an appropriate system of records in order to accurately evaluate epidemiological aspects of occupational cancer.

Article 5. The Committee notes the information provided by the Government concerning research which has been undertaken to develop methods in the field of biological monitoring as concerns carcinogenic substances. The Committee would recall that this Article of the Convention provides that all workers exposed to all types of carcinogenic substances or agents shall be provided with such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to occupational hazards. The Government is requested to provide information in its next report on the progress made in this regard. (In this connection, see ILO: Occupational Safety and Health Series, No. 39, pp. 39-40 and 45-48.)

Point IV of the report form. The Committee notes the information provided by the Government that estimates will be made of the impact of the new Order on different trades and the number of employees covered and that cases of and suspected cases of occupational cancer shall be notified to the competent authority. The Committee further notes the Government's indication that there are deficiencies in reporting cases of or suspected cases of occupational cancer and that efforts are being made to stress the duty of general practitioners and others to notify such cases. The Government is requested to provide, in its next report, any relevant data collected for the study carried out by the National Labour Inspection and the Danish Cancer Society, statistics collected for the new Order, as well as any other statistics available, concerning the number of workers covered by the relevant legislation, the number and nature of infractions reported and the number, nature and cause of cases of disease.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the information supplied in the Government's report in reply to its earlier comment, particularly in regard to Article 1, paragraphs 1 and 3, of the Convention.

Article 2, paragraph 2. The Committee notes with interest from the Government's report that provisions concerning the reduction in the number of persons working with carcinogenic substances, as well as the duration and level of exposure, are being considered in connection with a general order concerning work with carcinogenic substances which is presently being negotiated between the National Labour Inspection and representative organisations of employers and workers. The Committee hopes that the next report will indicate the progress made in this regard.

Article 3. The Committee notes that the product register set up under Order No. 466 of 14 September 1981 does not contain data on the number of workers exposed to carcinogenic substances or agents. It would be glad if the Government would indicate whether it is envisaged - possibly in the framework of the general order mentioned above - to establish a system of national register with the object of recording data on occupationally exposed persons, the results of technical monitoring, and special medical examinations and laboratory tests performed on these workers. (In this connection, see ILO: "Occupational cancer: Prevention and control", second (revised) edition 1988, Occupational Safety and Health Series, No. 39, p. 48.)

Article 5. The Committee takes note of the information supplied by the Government and expresses the hope that measures will be taken in the near future in order to ensure that suitable medical examinations will be provided for workers exposed to carcinogenic substances generally. The Committee requests the Government to indicate the progress made in this regard in its next report.

Point IV of the report form. The Committee requests the Government to provide in its next report any statistics which might be available concerning the number of workers covered by the relevant legislation, the number and nature of infractions reported and the number, nature and cause of cases of disease.