Inspection outcomes
Inspections often result in the identification of conditions that, in the opinion of the Danish Working Environment Authority, are in violation of regulation. These conditions are referred to as observations.
These are the different outcomes to an observation:
- Prohibition
- Immediate injunction
- Injunction
- Violation
- Notes
Police reports are used in special cases, in connection with profoundly serious violations or when other sanctions have not worked.
Prohibitions
Prohibitions are given if there is an imminent and significant danger to safety and health or failure to comply with an injunction.
Prohibition means that work is stopped immediately and cannot be resumed until the violation is resolved.
The prohibition can be given verbally on location and followed up with a written prohibition.
The Danish Working Environment Authority may also notify a prohibition in connection with an injunction – e.g. if the deadline in the injunction is not complied with.
In the event of a prohibition, the operator/owner must document that the violation has been resolved before activities associated with the prohibition can be resumed.
Immediate injunction
Immediate injunctions are given:
- When there is a significant, but not imminent danger. The danger is not imminent if employees are not near the danger at the time of the observation. The danger is significant if there is a risk that a person may suffer serious injury.
- If there is no significant danger, but the purpose of the reaction is missed if it is not resolved immediately.
- When an actual order can be complied with immediately or within a shorter period.
Immediate injunctions can be given verbally on location and followed-up in writing.
In the event of an immediate injunction, the operator/ owner must document that the violation has been resolved before activities related to the immediate injunction can be resumed.
Injunction
An injunction (with a deadline) is given when a company must have resolved a violation before a certain date. An injunction (with a deadline) is most often sent in connection with the inspection report.
An injunction with a deadline means that a company can continue activities, but that it must resolve the issue before the deadline. If the solution is temporary, a plan for a permanent solution must be available in agreement with the Danish Working Environment Authority. In connection with an injunction, the operator must document to the Danish Working Environment Authority that the violation has been resolved satisfactorily.
Violation
Violations are the Danish Working Environment Authority’s standard response to first-time offenses where there are no imminent and/or significant risks to safety or health.
A violation means that a company can continue its activities, but that it must find a permanent solution to the issue by the end of a given deadline.
There are two types of deadlines/follow-up:
- For simple problems/violations, the Danish Working Environment Authority issues a deadline for resolving the problem. The operator/owner must document that the violation has been resolved satisfactorily before the deadline. If the Danish Working Environment Authority has not received any response by the expiry of the deadline, an injunction will be sent.
- For more complex problems/violations, the Danish Working Environment Authority issues a deadline for submission of a work and time schedule for resolving the problem. If the work and time schedule are not received in a timely manner, an injunction will be issued. If the Danish Working Environment Authority accepts the work and time schedule, this will be the final deadline for resolving the problem (agreement). If no documentation is received documenting the resolution of the problem within the agreed upon deadline, an injunction will be issued. If the work and time schedule are revised, the Danish Working Environment Authority must accept this.
If the violation has not been satisfactorily resolved before the deadline, an injunction or Prohibition will be issued.
Notes
A note is issued in connection with a negligible and harmless observation. The Danish Working Environment Authority will make a note in cases where they deem that a note is the most suitable response to resolving the observation and where there is no risk to safety and health.