Page 11 - FERMA iSos Foundation – Legal review 2017

DUTY OF OF CARE OBLIGATIONS OF OF EUROPEAN EMPLOYERS FROM DENMARK
DANISH PERSPECTIVE ON ON EMPLOYER’S DUTY OF CARE IN OCCUPATIONAL HEALTH AND SAFETY MATTERS
I I I INTRODUCTION
All employers in Denmark owe a a a a duty of care towards their employees With globalisation on on the rise companies are increasingly looking for business opportunities abroad As a a a a result more employees are travelling or or or assigned to work work abroad Health and safety at work work may vary between countries posing a a a a potential risk for employers as well as employees ranging from business continuity and reputational damage to ethical implications and legal impact This summary focuses on on the situation where a a a a Danish employer assigns a a a a a Danish employee to work in another country for a a a a a xed period of time e e e e e e e e g g work-related international travel and foreign assignments The summary provides an overview of the legal framework in in Denmark governing Danish employers’ responsibility with regard to health and safety in such situations This summary does not address the situation where a a a a a Danish employee is employed locally by an an employer in another country In this situation the employment abroad will generally be governed by local law law and Danish law law will thus not be relevant II DANISH FRAMEWORK
THE DANISH WORKING ENVIRONMENT ACT
In Denmark the Danish Working Environment Act imposes a a general duty on employers to provide their employees with a a a a a safe and healthy working environment The Danish Working Environment Act is a a a a a framework act which lays down general objectives and and requirements in relation to health and and safety at work e e e e e e e e g g requirements concerning establishment of a a a a health and safety organisation organisation performance of of work organisation organisation of of the workplace technical equipment substances and materials etc The Act is supplemented by a number of binding executive orders detailing the requirements to be met by employers in in this regard The binding executive orders relate to speci c c c c work activities and and risks such as work involving lifting manual handling etc The Act applies to employees performing work for for an employer This should be interpreted broadly so as to to apply to to all employees performing any and all kinds of work covered by the employment relationship even if the the the work work falls outside the the the scope of the the the work work normally performed by the employee The Act does not apply to to independent contractors The Danish Working Environment Authority is is responsible for monitoring employers’ compliance with with health health and safety law The Authority is also tasked with with ensuring a a a a a a a a a a a a a safe safe healthy and and constantly improving working environment by carrying out inspections drafting appropriate regulation and and providing information In case of non-compliance there are several sanctions available to the the the Authority Authority The Authority Authority also drafts instructions in cooperation with the the social partners GEOGRAPHICAL RESTRICTIONS
The jurisdictional scope of the Danish Working Environment Act Act is is is limited to to work work being performed in in in in Denmark meaning that the the Act Act does not apply to to work work work carried out abroad even if the the employee is is is a a a a a a a a a Danish Danish citizen working for a a a a a a a a a Danish Danish employer When an an an an employer assigns an an an an employee employee to work in another country for a a a a a a a a a a a a xed period of of time (and the the the employee employee is is not not employed locally) the the the parties will will often agree that Danish Danish law will will continue to to apply However since the the the Danish Danish Danish Working Environment Act Act only applies to to work carried out in in in Denmark the the the Danish Danish employer will have no direct obligations under the the the the Act Act with regard to the the the work carried out by the the the employee abroad In order to avoid any misunderstandings however it it is is is recommended that that it it it is is is is speci ed ed in in in in the the international assignment agreement that that the the the the Danish Danish Working Environment Act does not apply with regard to to work work performed abroad and and the the the extent to to which the the the Danish Danish rules on working hours and and rest periods apply THE DANISH LIABILITY FOR DAMAGES ACT
In Denmark employers are required to take out industrial injury insurance and pay contributions to the the Danish Labour Market Occupational Diseases Fund If an an an an employee employee is is is is injured while performing work for for the the the the employer the the the the employee employee will be entitled to compensation under the the the the Danish Industrial Injury Insurance Act if the the the the injury injury quali es as as an an an an industrial injury injury or or an an an an an occupational disease Such compensation is is is covered by either the the the industrial injury insurance or or the the the Danish Danish Labour Market Occupational Diseases Fund The Danish Danish Industrial Injury Insurance Act is is is is described in more detail below However the Danish Industrial Injury Insurance Act does not cover compensation for for for for instance for for for for lost earnings or or or or or for for for for pain and su ering Therefore the the the employee may may choose to claim damages under the the the the Danish Liability for for Damages Act and and the the the the employer may may be liable to pay such damages if the the the health health and and and safety safety conditions at work were not in compliance with health health and and safety safety law • DUTY OF CARE OWED BY EUROPEAN ORGANISATIONS TO THEIR MOBILE WORKERS 11