Executive Order on the Conditions at Alternating Places of Work
Executive Order No. 290 of 5 May 1993 on the Conditions at Alternating Places of Work issued by the Danish Ministry of Labour
The following provisions are laid down pursuant to section 17(3), section 39(1), section 43, section 73 and section 84 of the Danish Working Environment Act, cf. Consolidated Act No. 646 of 18 December 1985, as amended by Act No. 220 of 22 April 1987, Act No. 380 of 13 June 1990, Act No. 373 of 20 May 1992 and Act No. 474 of 24 June 1992:
Part 1 - Scope
1.-(1) This Executive Order shall apply to work that an employer has his employees perform at a third-party enterprise or another place outside the employer’s own operation area with the limitations laid down in section 2(2), section 3 and section 4 of the Danish Working Environment Act.
(2) This Executive Order shall also apply to work within the employer’s own operation area if such work is performed in an area within the operation area not covered by the Executive Order on the Conditions at Permanent Places of Work issued by the Danish Ministry of Labour, cf. section 2(2) to (4) hereof.
(3) This Executive Order shall not apply if the work carried out is building and civil engineering work, cf. Executive Order on the Conditions at Construction Sites and Similar Places of Work issued by the Danish Ministry of Labour. However, Part 4, “Welfare facilities”, of this Executive Order shall apply wherever
the employer’s tasks on the construction site are of a duration of not more than three whole working days, and the employees’ total occupation does not exceed six man-days; or
the employees during their occupation on the construction site begin and end their daily working hours at another place than on the construction site.
2. This Executive Order shall not in any way change the special requirements concerning the conditions at a place of work laid down in the occupational health and safety legislation in general, e.g. the provisions concerning work with asbestos and work with epoxy resins and isocyanates.
3. In addition to the provisions of the occupational health and safety legislation, such rules shall apply as may have been laid down on work and places of work covered by this Executive Order in pursuance of other legislation, e.g. the fire legislation and the power regulations.
4. The obligations under this Executive Order shall rest with employers, business managers, supervisors and other employees, suppliers, project planners, repairers, etc. in accordance with the general rules laid down by the Danish Working Environment Act, cf. Part 4 of the Act.
Part 2 - General provisions
5.-(1) Before work is initiated and during the performance of the work, the employer shall assess whether the conditions are safe in terms of health and safety considering the work to be performed, and if this is not the case, he shall ensure, in so far as possible and reasonable, that the conditions are changed in such a way that the place of work is adequately designed and fitted out.
(2) Any discomfort and risks from the work shall be prevented with appropriate measures ensuring that the conditions are safe for both those performing the work and others occupied at the place of work.
(3) If making the design and fitting out of the place of work safe is not possible or reasonable, other measures shall be implemented so as to the work can be performed in a safe way, cf. especially Executive Order on the Performance of Work issued by the Danish Ministry of Labour and Executive Order on the Use of Personal Protective Equipment issued by the Danish Ministry of Labour.
6. The employer shall ensure that training and instruction of the employees comprise the special measures to be implemented considering the fact that the work is performed outside the enterprise’s area, cf. section 5. In this connection, the employees shall be instructed as to how they are to act if conditions which are hazardous to safety and health and which they cannot remedy themselves occur at a place of work.
7. Depending on the nature of the place of work and the conditions in general, adequate first aid equipment shall be available.
Part 3 - Workplaces in means of transport, etc.
8.-(1) Workplaces established in means of transport or other mobile units, e.g. for library activities, offices or clinics, shall be designed and fitted out with the necessary spaciousness and furniture ensuring that the work can be performed in a safe way in terms of health and safety.
(2) Technical equipment, installations and other equipment shall be adequately designed, fitted out and set up considering the application in the means of transport, etc.
(3) Considering the nature of the work, safe climatic conditions shall be established at the workplace, and it shall in this connection be possible to maintain a convenient temperature and have adequate intake of air from outside without any discomfort caused by draught. Good general lighting and appropriate work light at the individual workplaces shall be established. There shall be a supply of daylight unless this is not compatible with the nature of the work.
(4) The access and exit conditions of the workplaces shall be adequate in terms of safety.
9. -(1) If means of transport or similar are made available to the employee as a sleeping place during intervals of rest agreed upon or required or during guard duty with access to sleep, these shall be safely designed and fitted out with a view to this.
(2) The sleeping place shall be designed and fitted out in such a way that there is adequate space and it is possible to lie at full length and change position during the rest. It shall be possible to store any personal belongings in so far as necessary.
(3) The sleeping place shall be insulated against cold, heat and noise and have appropriate climatic conditions, including adequate intake of fresh air without any discomfort caused by draught. It shall be equipped with adequate artificial lighting and a view of the surroundings.
(4) There shall be safe access and exit conditions and an adequate escape route from the sleeping place. Sleeping places set up in motor lorries shall be directly accessible from the driver’s cab and have an emergency exit that can easily be opened directly to the outside.
Part 4 - Welfare facilities
10.-(1) The employer shall ensure that the employee has access to
appropriate eating facilities if there are meal breaks during the work;
washbasin in so far as possible with running water and, if washing in hot water is necessary for health reasons, access to adequate amounts of this;
adequate storage of clothes and personal belongings.
(2) There shall also be access to
changing of clothes, if clothes are to be changed due to the nature of the work;
drying of the working clothes if these get wet in connection with the work;
shower and changing with separate storage of ordinary clothes and working clothes if the work
a) is very dusty or in any other way very soiling;
b) involves a risk of contamination with materials that may be infectious;
c) involves a risk of getting into contact with substances and materials that on grounds of safety and health must be removed from the skin or be stopped from spreading; or
d) exposes the employee to high temperatures or considerable physical strain.
11.-(1) Access to the facilities required in pursuance of section 10 shall be established in one of the following ways or through a combination hereof, cf. also section 12:
The facilities shall be available or established at the place of work or immediately close to this safely designed and fitted out in appropriate indoor areas available while work is being carried out.
The facilities shall be established at the place of work in site huts or other mobile units that are suitable and safely designed and fitted out. Non-discharge lavatories shall be of the same hygienic standard as discharge lavatories. If a site hut or similar is made available to more than four persons, it shall comply with the requirements in the Executive Order on the Design of Site Huts and Similar Units issued by the Danish Working Environment Authority, and lavatories shall in so far as possible and reasonable be connected to the sewage system.
The facilities shall be available at a meeting place, place of departure or similar set up by the employer. If the meeting place is a permanent place of business, workshop or similar within the employer’s enterprise, the facilities shall comply with the requirements concerning welfare facilities at permanent places of work. If the meeting place is of a temporary nature, the facilities shall comply with the requirements concerning site huts as stated in item 2). The lavatory facilities of the meeting place shall, however, only be deemed to give adequate lavatory access if the employee as part of his work returns to the meeting place at suitable intervals or in another way has a possibility of using the lavatory facilities at the meeting place while carrying out his work. If this is not the case, another lavatory of appropriate hygienic standard shall be available to the employee adequately close to the place of work.
(2) Wherever washing or bathing facilities are not established at the actual place of work, the employees shall always have the possibility of washing themselves adequately at the place of work, if necessary in hot water and with special cleaning agents, if the work involves any risk of contamination with materials that may be infectious or of exposure to substances and materials that on grounds of safety and health must be removed from the skin or be stopped from spreading.
(3) Women and men shall either have separate bathrooms and changing rooms or have the possibility of using the same room separately.
12.-(1) If the ways mentioned in section 11 cannot be applied, e.g. because the work consists of or is connected with long-distance transport, or if using a meeting place is not convenient, the employer shall ensure that the employees have access to the facilities required in pursuance of section 10 in another reasonable and safe way, e.g. through suitable rests at adequate places or by using the means of transport provided that these are suitable for this.
(2) The employee shall not be required to use the facilities in his private residence, if the work is very soiling or involves any risk of contamination with materials that may be infectious or of exposure to substances and materials that on grounds of safety and health must be removed from the skin or be stopped from spreading.
Part 5 - Detailed rules
13.-(1) The Director General of the Danish Working Environment Authority shall be authorised, together with the Danish Working Environment Council, cf. section 66(1), item 3, of the Danish Working Environment Act, to lay down detailed rules in accordance with the aforesaid provisions.
(2) The rules may include references to acknowledged norms and standards concerning health and safety provided that they are specified clearly and include dating.
14. The Director General of the Danish Working Environment Authority shall issue WEA guidelines specifying how the provisions of the Executive Order and the detailed rules can be met.
15. Rules in pursuance of this Executive Order that affect other legislation shall be laid down following prior consultation with the respective authorities.
Part 6 - Exemptions and appeals
16.-(1) The Director General of the Danish Working Environment Authority may permit derogations from the provisions of this Executive Order where this is deemed to be reasonable and fully acceptable.
(2) The Director General of the Danish Working Environment Authority may empower the Regional Inspectorates to, to a specifically defined extent, permit derogations from the provisions of this Executive Order and the detailed rules laid down under this.
17. Any decisions made by the Danish Working Environment Authority under this Executive Order may be appealed in accordance with section 81 of the Danish Working Environment Act.
Part 7 - Penalty provisions
18.-(1) Unless a more severe penalty is prescribed by the Danish Working Environment Act or any other legislation, anyone who
contravenes sections 5 to 12;
fails to comply with any improvement notice issued in accordance with the provisions of this Executive Order; or
neglects the conditions for exemptions granted under this Executive Order
shall be punished with a fine or imprisonment.
(2) For contravention of sections 5 to 7 an employer may be held liable to pay a fine even if he has not acted intentionally or negligently. There shall be no alternative sentence in lieu of the fine.
(3) If a public limited company, a private limited company, cooperative or similar body contravenes these provisions, the company as such may be held liable to pay a fine. If the Government, a municipality or a municipal community in accordance with section 60 of the Danish Local Government Act contravenes these provisions, the Government, the municipality or the municipal community may be held liable to pay a fine.
Part 8 - Entry into force
19.-(1) This Executive Order shall enter into force on 15 May 1993, cf. also subsection (2).
(2) Section 8(3) and (4) and section 9(3) and (4) shall enter into force on 15 November 1993. However, the provision of section 9(3), last sentence, concerning view from sleeping place shall only apply to buses with effect from the following dates: 15 November 1994 as regards buses registered in Denmark after 14 May 1993; 1 January 2003 as regards buses registered in Denmark before 15 May 1993.
(3) With effect from 15 May 1993, the following provisions of Executive Order No. 611 of 18 December 1985 on rules in accordance with the former legislation to protect workers, which shall with minor amendments remain in force after the entry into force of the Danish Working Environment Act, shall be repealed in pursuance of section 2, item 1):
Danish Health and Safety at Work (General) Act, cf. Consolidated Act No. 297 of 4 July 1968 as amended by section 15(1) and (3) of Act No. 330 of 19 June 1974.
The Danish Ministry of Labour, 5 May 1993
Jytte Andersen/ Henrik Grove