The H&S requirements apply to the foreign companies who post workers abroad under the framework of the transnational provision of services.
In this context, posted workers are entitled to the same standards of Danish workers. Such standards are laid down by the Working Environment Act n. 2062 of November 16th 2021.
Summary of the main obligations for the posting of workers to Denmark
According to the EU Directives 96/71/EC and 2014/67/EU that regulate the posting of workers within the Union, companies who temporarily post their employees to Denmark, as well as other EU/EEA countries and Switzerland, are required to abide by a few requirements, such as:
- Submission of the Posting Declaration;
- Appointment of a domicilied contact person;
- Alignment of a domicilied contact person;
- A1 Certificate.
Nevertheless, each EU Member State might lay down additional requirements according to its national legislation. Denmark established its specific obligations in the Consolidation Act concerning the Posting of Workers.
Occupational Health and Safety Requirements in Denmark for foreign companies
The H&S requirements for foreign companies posting workers to Denmark vary depending on the number of employees. The calculation is based on the total number of employees providing services at the workplace in Denmark. Company executives, managers and work supervisors are excluded from this calculation.
Below the main requirements for foreign companies in the Health and Safety context:
- Company with fewer than 5 posted workers: employers are required to
- ensure a safe workplace and conduct risk assessment evaluations;
- provide the necessary information and training to the employees involved, in order to reduce potential risks and injuries.
Moreover, H&S cooperation shall take place through direct dialogue between the employer, employees and supervisors.
- Company with 5 or more posted workers and whose work lasts more than 14 days. The employer is required to establish a Health and Safety Organisation.
- Company with more than 35 posted workers and whose work lasts more than 4 weeks. In such instance, the employer is required to establish one or more Health and Safety Groups and a Health and Safety Committee.
Health and Safety Organisation and Health and Safety Committee: what are they and how do they work
Health and Safety Organisation
A Health and Safety Organisation is an internal organisation which must be established by the employer who posts more than 5 workers to a temporary workplace located in Denmark, for a period exceeding 14 days.
The purpose of the creation of this organisation is to oversee daily and general tasks related to the health and safety context. It must also ensure effective communication and cooperation between the employer and employees.
The chairperson of the Organisation must be either the employer or a supervisor present at the worksite. Furthermore, it must include an elected health and safety representative and the work supervisors.
The elected representative:
- must be chosen from among the employees
- must be elected by the employees
- must genuinely represent the employees
- must be in regular contact with the employees
The chairman of the Organisation, in cooperation with employees and the elected representative is responsible for determining the necessary number of members.
Health and Safety Committee
In the event that posted employees to Denmark be more than 35 and work for a period longer than 4 weeks, it will be necessary to establish a two-tier Health and Safety Organisation:
First Level: Health and Safety Groups
Groups are responsible for managing day-to-day activities. They consist of the health and safety representative and work supervisors. Members ensure:
- a safe work environment;
- optimisation of risk prevention;
- Continuous dialogue between parties involved for what concerns work processes and possible issues.
Second level: Health and Safety Committee
The Committee is responsible for planning, managing and coordinating the cooperation activities between parties. The Committee consists of work supervisors and elected representatives from one or more Health and Safety Groups.
OSH Training Course
The Working Environment Act also establishes that the employer is required to ensure that both the elected representative and the work supervisors participate in a training course lasting at least 3 days, called Danish Occupational Safety and Health (OSH) training course.
During the OSH course, participants are supposed to acquire basic knowledge concerning health and safety at the workplace. In addition, participants shall learn basic skills to ensure systematic cooperation between employer and employees.
The course must be completed by the elected representatives and work supervisors at the latest three months after they have been nominated. If elected representatives and work supervisors have already taken part to similar H&S courses in their home country or in another EU country, the documentation related to those courses must be presented to the Danish Working Environment Authority (Arbejdstilsynet). The Authority will then establish whether the attended courses were exhaustive, or if participation to supplementary courses in Denmark is necessary.
Once the course is completed, participants must inform all workers on site about the measures to be followed based on the Danish legislation.
Inspections and controls for foreign companies
The Danish Work Environment Authority is responsible for ensuring that health and safety conditions at the workplace are compliant with current legislation. In addition, it facilitates cooperation between employers and employees, in order to limit work-related issues and injuries.
In the specific case of posting, WEA conducts inspections of foreign companies that provide services to Denmark. It also ensures that H&S standards are met, as well as that assignments have been correctly notified to the Register of Foreign Service Providers (RUT).
In the event of violations of the H&S regulations, the Authority might issue a notice. In more serious cases, it can initiate legal proceedings.
The foreign company who received the notice is required to report to the WEA all actions taken to correct the violation. The response to the Authority can be sent either via email or post. Documentation must be accompanied by the relative form, which must be filled in and signed both by a managerial figure and the health and safety representative. The latter guarantees that workers have been duly informed of the actions taken.