Work Environment Act (1977:1160)
Amendments: up to and including SFS 2005:396
Chapter 1 Purpose and scope of the Act
Chapter 2 The state of the work environment
Chapter 3 General obligations
Chapter 4 Statutory powers
Chapter 5 Minors
Chapter 6 Co-operation between employers and employees, etc.
Chapter 7 Supervision
Chapter 8 Remedies
Liability
Forfeiture
Penalty charge
Chapter 9 Appeals
Work Environment Act (1977:1160)
Amendments: up to and including SFS 2005:396
Chapter 1 Purpose and scope of the Act
Section 1 The purpose of this Act is to prevent illness and accidents in the course of employment and to otherwise achieve a sound work environment. (SFS 1994:579)
Section 2 Subject to the restrictions stated in Section 4, this Act applies to every activity in which employees perform work on behalf of an employer. The Act also applies to matters relating to work on vessels, when a Swedish vessel is used for maritime transport outside the territorial waters of Sweden.
As regards vessels and work on vessels the provisions of this Act on the Swedish Work Environment Authority, the Swedish Maritime Administration shall apply instead. The provisions of this Act on employers shall, as far as regards vessels, also apply to a shipowner, even when the work on the vessel is performed by someone else than the person who is employed by the shipowner. A party who instead of the shipowner exercises decisive influence on the operation of the vessel shall in this Act be equated with a shipowner.
Chapters 3 and 5 contain provisions concerning duties in certain respects of persons other than employers and employees.
The Vessel Safety Act (H2003:364H) contains provisions on the obligations of commanders in connection with work on vessels.
The Product Safety Act (H2004:451H) also applies as regards products that are intended for consumers or which may be deemed to be used by consumers. (SFS 2004:453)
Section 2 a The provisions contained in Chapter 2, Section 1, first paragraph, items 2 and 3, and Chapter 3, Section 4, second paragraph apply to foreign vessels within the territorial waters of Sweden. Otherwise, the provisions of the Act apply to foreign vessels only to the extent prescribed by the Government. (SFS 2003:365)
Section 3 For the purposes of Chapters 2 - 4 and 7 - 9, the following persons are to be considered employees:
1. persons undergoing training or education;
2. persons who, as inmates of an institution, perform work which they have been allotted;
3. persons who are engaged in service under the National Total Defence Service Act (1994:1809) and other individuals who perform duties as prescribed by an act or who voluntarily participate in education for activities within the scope of the Total Defence.
Students and inmates referred to in items 1 and 2 of the first paragraph shall also be considered as employees for the purposes of Chapter 5, Sections 1 and 3. Chapter 6, Sections 17 and 18 also contain special provisions concerning students.
For the purposes of the first and second paragraphs of this Section, the provisions of this Act concerning employers shall also apply to a person conducting the activity in the context of which the work is performed. (SFS 1994:2080)
Section 4 This Act does not apply to work done in the employer's household by those over the age of 18. (SFS 2003:365)
Section 5 The Government, or the public authority appointed by the Government, may make special provisions, deviating from the provisions of this Act, for Total Defence. (SFS 1991:677)
Chapter 2 The state of the work environment
Section 1 The work environment shall be satisfactory taking into account the nature of the work as well as the social and technological development in society. In the case of work on vessels the work environment shall be satisfactory also considering the requirements of maritime safety.
Work conditions shall be adapted to people’s differing physical and mental capabilities.
The employee shall be given the opportunity to participate in the design of his own work situation and in processes of change and development affecting his work.
Technologies, work organisation and job content shall be designed in such a way that the employee is not subjected to physical strain or mental stress that may lead to illness or accidents. Forms of remuneration and the distribution of working hours shall also be taken into account in this connection. Closely controlled or restricted conditions of work shall be avoided or limited.
Efforts shall be made to ensure that work provides opportunities of variety, social contact and co-operation, as well as coherence between different tasks.
Furthermore, efforts shall be made to ensure that work conditions provide opportunities for personal and vocational development, as well as for independence and professional responsibility. (SFS 2003:365)
Section 2 Work shall be planned and arranged in such a way that it can be carried out in a healthy and safe environment.
Section 3 The premises in which work is performed shall be arranged and equipped in such a way as is suitable from the perspective of the work environment.
Section 4 Atmospheric, acoustical, lighting conditions, vibrations and the like shall be satisfactory.
Adequate safety precautions shall be taken to prevent injuries caused by falls, collapses, fire, explosion, electricity or other comparable factors. (SFS 2003:365)
Section 5 Machinery, tools and other technical equipment shall be designed, positioned and used in such a way as to afford adequate safeguards against illness and accidents.
Section 6 Substances liable to cause illness or accidents may only be used in conditions affording adequate security.
Section 7 Personal protective equipment shall be used when adequate protection against illness or accidents cannot be achieved by other means. This equipment shall be provided by the employer.
In the case of work on vessels personal protective equipment shall be provided by the shipowner, unless someone else by whom the employee is employed has undertaken this responsibility. (SFS 2003:365)
Section 8 Spaces and facilities for personal hygiene, meals and rest, as well as for first aid in connection with accidents and illness, are to be provided to the extent appropriate to the nature of the work and the needs of the employees.
Personnel transport vehicles shall be suited to their purpose.
The Vessel Safety Act (H2003:364H) contains further provisions on spaces, facilities, measures for help and care in the event of accidents or illness and food and water for employees onboard vessels. (SFS 2003:365)
Section 9 The Planning and Building Act (1987:10) and regulations promulgated thereunder contain special provisions concerning the design and construction of buildings. (SFS 1987:158)
Section l0 The Working Hours Act (1982:673) and regulations made thereunder contain provisions concerning working hours.
The Resting Time for Seamen Act (1998:958) contains provisions concerning working hours and periods of rest.
The Working Hours for Certain Road Transport Work Act (H2005:395H) contains provisions concerning working hours for certain road transport work.
Chapter 5, Section 5 contains special provisions concerning the working hours of minors. (SFS 2005:396)
Chapter 3 General obligations
Section 1 The provisions of this Chapter shall be applied taking into account the requirements relating to the work environment's characteristics in accordance with Chapter 2.
Section 1a Employers and employees shall collaborate to establish a good work environment. (SFS 1994:579)
Section 2 The employer shall take all precautions necessary to prevent the employee from being exposed to illness or accidents. One point of departure shall in this connection be that anything that can lead to illness or an accident should be changed or replaced so that the risk of illness or an accident is eliminated.
The employer shall consider the special risk of illness and accidents which may be entailed by an employee performing work alone.
Premises, as well as machinery, tools, safety equipment and other technical equipment, shall be kept in a good state of repair. (SFS 2002:585)
Section 2a The employer shall systematically plan, direct and inspect activities in a manner which ensures that the work environment meets the prescribed requirements for good work environment. He shall investigate work-related injuries, continuously investigate the hazards of the activity and take the necessary measures to correct the same. Measures which cannot be taken immediately shall be scheduled for later resolution.
To the extent required by the activity, the employer shall document the work environment and measures adopted with respect thereto. Action plans shall be drawn up in this regard.
Furthermore, the employer shall ensure that he incorporates a suitably organised scheme of job modification and rehabilitation activity in his business for the discharge of the duties required of him under this Act and under Chapter 22 of the National Insurance Act (1962:381). (SFS 2003:365)
Section 2 b If work conditions so require, the employer shall provide occupational health services to the extent the work conditions require.
Occupational health services means an independent expert resource within the fields of work environment and rehabilitation. The occupational health care services shall devote special work to prevent and eliminate health hazards in workplaces and also have the competence to identify and describe the relationship between work environment, organisation, productivity and health. (SFS 1999:841)
Section 3 The employer shall ensure that the employee acquires a sound knowledge of the conditions in which work is conducted and that he is informed of the hazards that the work may entail. The employer shall make sure that the employee has received the training necessary and that he knows what measures must be taken for the avoidance of hazards in the work. The employer shall ensure that the employee has the training necessary and knows what he must observe to avoid risks with the work. The employer shall ensure that only employees who have received sufficient instructions gain access to areas where there is a manifest risk of illness or accidents. (SFS 2002:585)
The employer shall make allowance for the specific characteristics of employees for the work by adopting work conditions or taking other appropriate measures. In the planning and arrangement of work, due regard shall be made for the fact that individual persons have differing capabilities for the duties involved.
Section 4 The employee shall participate in work relating to the work environment and shall take part in the implementation of the measures needed in order to achieve a sound work environment. He shall comply with directions issued and use the safety equipment and exercise such other precautions as are needed for the prevention of illness and accidents.
An employee who discovers that work involves an immediate and serious danger to life or health shall immediately notify the employer or a safety officer. The employee shall not be held liable to pay compensation for any loss or damage resulting from his non-performance of work pending instructions regarding its resumption. (SFS 1991:677)
Section 5 Relevant parts of this Act and regulations made hereunder shall apply to work performed by the employer himself. The same shall apply when two or more persons engage jointly in commercial activity on their own account and without employees unless, however, the activities are conducted solely by members of the same family.
Persons carrying on commercial activities without employees, alone or together with members of their families, are obliged to comply with this Act and with regulations made thereunder concerning technical equipment and substances capable of causing illness or accidents, and also concerning common workplaces.
Chapter 4, Section 10, provides that regulations may also be made regarding obligations in other respects. (SFS 1994:579)
Section 6 If two or more persons are simultaneously engaged in activities at the same workplace, they shall consult one another and co-operate with a view to achieving satisfactory safety conditions.
Each of these persons shall ensure that those working at the common workplace are not exposed to a risk of illness or accident due to the activity he conducts or equipment he has there. (SFS 1994:579)
Section 7 The person commissioning construction or heavy engineering work is responsible for the co-ordination of measures for the prevention of illness and accidents at a common workplace for the activity. If a permanent site is a workplace common to several enterprises, similar responsibility shall fall upon the person controlling the workplace. If a vessel is a workplace common to several operations the shipowner is responsible for coordinating measures to avoid illness and accidents. However, if a vessel has been taken into a shipyard in Sweden, this responsibility rests with the party responsible for the operation of the shipyard. The responsibility for coordination on protective measures resulting from a vessel being loaded or unloaded in a Swedish port rests with the employer who is responsible for this work.
Responsibility for co-ordination under the first paragraph can be transferred to one of those who conduct work at the workplace or, as regards loading and unloading of a vessel in a Swedish port, on the harbour or shipowner.
Persons conducting work in common workplaces other than those referred to in the first paragraph may agree that one of them is to be responsible for co-ordination.
Persons responsible under this Section shall ensure that:
1. work to prevent risks of illness and accidents shall be co-ordinated at the common workplace;
2. work is scheduled in such a way so as to prevent the risk of illness and accidents which may be caused by different activities being carried out at the workplace;
3. common protective equipment is provided and maintained and that general rules for safety at the workplace are issued;
4. the responsibility for the specific safety equipment that may be needed for particular work is clear; and
5. common areas and sanitary facilities for personnel are provided in the workplace as needed.
Other employers and those who work at the common workplace shall comply with the directions issued by the co-ordinator. (SFS 2003:365)
Section 8 Any person who manufactures, imports, transfers or supplies a machine, tool, safety equipment or other technical equipment shall ensure that the equipment affords adequate security against illness and accidents when it is released on the market, delivered for use or is displayed for sale.
Technical equipment which does not comply with the requirements in the first paragraph may be exhibited at trade exhibitions, in displays or the like, if it is clearly indicated that the requirements are not fulfilled and that the equipment may not be released onto the market or delivered for use until it fulfils such requirements. In the event that the equipment is operated, proper precautions should be taken to avoid accidents.
Information concerning the equipment which is material to the prevention of illness and accidents (product information) shall be supplied when it is delivered, in the form of distinct labelling or by some other means. Information of particular importance for the work environment shall be supplied in connection with the marketing of the equipment. (SFS 1992:1135)
Section 9 Any person who manufactures, imports or transfers a substance capable of causing illness or accidents, shall take the measures necessary in order to prevent or counteract any safety hazards involved when the substance is used as intended.
The provisions of Section 8, third paragraph, concerning product information and information in connection with marketing, shall also apply with regard to substances capable of causing illness or accidents. (SFS 2002:585)
Section 10 Any person transferring or supplying a packaged product shall ensure that the packaging does not entail any risk of illness or accidents. (SFS 1991:677)
Section 11 Any person installing technical equipment shall ensure that the necessary safety equipment is employed and that all other necessary safety precautions are taken. (SFS 1991:677)
Section 12 The person in charge of a workplace shall ensure that such permanent equipment is located at the workplace as is necessary to ensure that those who work there, although not his employees, are not exposed to the risk of illness or accidents. He shall also ensure that other equipment at the workplace can be used without such risk.
The person who engages contract labour to perform work in his business shall ensure that the necessary safety precautions are carried out in the course of performance of this work. (SFS 1994:579)
Section 13 Chapter 7, Section 8, contains provisions concerning the responsibility for safety, in certain cases, of persons who provide premises or land or a space below ground for work or as personnel facilities. (SFS 1994:579)
Section 14 Any person commissioning construction or heavy engineering work shall, in the course of planning, ensure that work environment considerations, referring both to the construction phase and future use, are taken into account and that different parts of planning are co-ordinated. The manufacturer of prefabricated buildings or installations shall similarly ensure that work environment considerations are taken into account in the course of planning.
Architects, designers and others involved in the planning shall also ensure, within the scope of their assignments, that work environment considerations are taken into account. (SFS 1991:677)
Chapter 4 Statutory powers
Section 1 The Government or, if decided by the Government, the Swedish Work Environment Authority, may, with respect to issues regarding technical equipment or substances capable of causing illness or accidents, make regulations concerning:
1. conditions for manufacture, use and labelling or other product information;
2. testing or verification of the fulfilment of prescribed requirements or conditions. (SFS 2000:764)
Section 2 If required for the prevention of illness or accidents at work the Government or, if decided by the Government, the Swedish Work Environment Authority, may prescribe that a permit, approval or other certificate of compliance with the relevant demands be required:
1. before work processes, work methods or facilities intended may be used, and
2. before technical equipment or substances capable of causing illness or accidents may be released on the market, used or delivered for use. (SFS 2002:585)
Section 3 The Government or, if decided by the Government, the Swedish Work Environment Authority, may prescribe:
1. that a register is to be maintained at the workplace of certain technical equipment or substances present there, which are capable of causing illness or accidents;
2. that an employer shall maintain a register of employees who are exposed to a risk of illness with information regarding the work and the exposure, and that the employer shall provide information from the register to a doctor.
Regulations concerning the inspection of protective measures in a particular kind of activity and the installation of technical equipment may be made in the same manner.
The employee shall be given the opportunity to acquire information from the register, compiled in compliance with the first paragraph, item 2, that relates to him or her. (SFS 2000:764)
Section 4 If special considerations of safety so demand, the Government or, if decided by the Government, the Swedish Work Environment Authority may prohibit the use of work processes, work methods or technical equipment or substances capable of causing illness or accidents. (SFS 2000:764)
Section 5 If a particular type of work involves a risk of illness or accidents, the Government or, if decided by the Government, the Swedish Work Environment Authority, may make regulations on obligation to arrange medical examination or vaccination, or other preventive treatment against infection, of the persons employed or to be employed in the work concerned. A prohibition may also be issued against engaging for such work any person whom medical examination has shown to be suffering from a disease or weakness rendering him particularly vulnerable to such a risk. (SFS 2000:764)
Section 6 If a particular type of work involves a special risk to certain groups of employees, the Government or, if decided by the Government, the Swedish Work Environment Authority, may prohibit the use, for the work concerned, of such a group, or prescribe that special conditions are to apply when the work is performed by such employees. (SFS 2000:764)
Section 7 The Government or, if decided by the Government, the Swedish Work Environment Authority, may prescribe that registers containing the names of the persons examined and the results of their examinations are to be kept in connection with a medical examination prescribed under Section 5 or 6. (SFS 2000:764)
Section 8 The Government or, if decided by the Government, the Swedish Work Environment Authority, may make regulations concerning the obligation to give notice or to provide information to a supervisory authority or the keeping of documents of relevance with respect to safety and protection.
Regulations regarding the obligation to create documents that are relevant with respect to safety and protection may be made in the same manner. (SFS 2000:764)
Section 9 The Government or, if decided by the Government, the Swedish Work Environment Authority, may make regulations concerning the duty of a physician to notify a supervisory authority of disease that may be connected with work and to furnish the supervisory authority with information and assistance. (SFS 2000:764)
Section 10 The Government or, if decided by the Government, the Swedish Work Environment Authority, may make such further regulations concerning the nature of the work environment and general obligations in respect of the work environment as are necessary for the prevention of illness and accidents at work.
Regulations may be made in the same manner, requiring that a person who engages in professional activities alone, or together with a family member, without employees, shall comply with the provisions of this Act and regulations made under this Act with respect to obligations, other than those arising under Chapter 3, Section 5, second paragraph. (SFS 2000:764)
Chapter 5 Minors
Section 1 For the purposes of this Act, a minor is a person who has not attained the age of 18.
Section 2 A minor may not, as an employee or in any other capacity, be engaged for or carry out work before the calendar year in which the minor attains the age of 16 or before the minor has completed his compulsory schooling.
Notwithstanding the provisions of the first paragraph, a minor who has attained the age of 13 may be engaged for, or carry out, light work that will not have a detrimental effect on the minor’s health, development or schooling.
The Government or, if decided by the Government, the Swedish Work Environment Authority, may make regulations concerning exceptions to the first paragraph concerning the employment of a minor who has not attained the age of 13. Such an exception may apply only to very light work of the type that special and significant problems of implementation would arise if an exception were not permitted.
The Government or, if decided by the Government, the Swedish Work Environment Authority, may make regulations concerning work referred to in the second and third paragraphs.
The Merchant Seaman Act (1973:282) and the Vessel Safety Act (2003:364) contain special provisions on minimum ages for work on vessels. (SFS 2003:365)
Section 3 A minor may not be engaged for, or carry out, work in a manner involving a risk of accident or of over-exertion or any other harmful effect on the minor's health or development.
The Government or, if decided by the Government, the Swedish Work Environment Authority may make regulations concerning conditions for or the prohibition of a minor being engaged for, or carrying out, work involving a substantial risk of accidents or over-exertion or other harmful effects on the minor's health or development. (SFS 2000:764)
Section 4 The Government or, if decided by the Government, the Swedish Work Environment Authority may prescribe that, upon a medical examination prescribed under Section 2, fourth paragraph, or Section 3, second paragraph, a register is to be kept showing the names of the persons examined and the results of the examinations. (SFS 2000:764)
Section 5 The Government or, if decided by the Government, the Swedish Work Environment Authority, shall make regulations concerning the length and arrangement of working hours for minors who are engaged for or carry out work. (SFS 2000:764)
Chapter 6 Co-operation between employers and employees, etc.
Section 1 The employer and employees shall conduct suitably organised safety activities with respect to the work environment. (SFS 1991:677)
Section 2 At every workplace where five or more employees are regularly engaged, one or more of the employees shall be appointed safety officer. Safety officers shall also be appointed at other workplaces if work conditions so require. Alternates should also be appointed for safety officers.
Safety officers shall be appointed by the local employees' organisation currently or customarily having a collective bargaining agreement with the employer. In the absence of such an organisation, safety officers shall be appointed by the employees.
In the case of a workplace for which no safety committee has been appointed under Section 8, the local branch of a federation or an association of employees comparable to such branch may appoint a safety officer from outside the circle of employees (a regional safety officer). The right to appoint a regional safety officer applies only if the division or union has a member in the workplace.
The Vessel Safety Act (2003:364) contains provisions on how safety officers on vessels should be appointed. (SFS 2003:1099)
Section 3 Should more than one safety officer be appointed at a particular place of employment, one of the officers shall be designated senior safety officer with the task of co-ordinating the safety officer's activities.
Section 4 The safety officer shall represent the employees on work environment matters and shall strive for satisfactory work environment. To this end, the officer shall, within his safety area, supervise the safeguards against illness and accidents and compliance by the employer with the requirements of Chapter 3, Section 2a. Safety officers on vessels shall also monitor that the vessel has the crew that it should have under any decision or regulations.
The safety officer shall participate in the planning of new or altered premises, equipment, work processes, work methods and of the work organisation, as well as planning of the use of substances liable to cause illness or accidents. Furthermore, the safety officer shall take part in the preparation of action programmes as referred to in Chapter 3, Section 2a.
The employer shall notify the safety officer of any changes having a significant bearing on safety conditions within his safety area.
Employers and employees shall be jointly responsible for ensuring that safety officers receive the requisite training. (SFS 2003:365)
Section 5 Safety officers referred to in Section 2, second paragraph, are entitled to leave of absence required for the performance of their duties. Such leave of absence shall not prejudice the officer's remuneration or other benefits.
Section 6 The safety officer is entitled to access to all documents and to obtain any other information necessary for the officer's activities.
Section 6a If a safety officer considers that measures need to be taken in order to achieve a satisfactory work environment, the safety officer shall approach the employer and request such measures. The safety officer may also request that a certain investigation be carried out to verify conditions within his safety area. On thus being approached, the employer shall immediately give the safety officer written confirmation of having received his request. The employer shall reply to the question without delay. If he fails to do so, or if the request is not taken into consideration within a reasonable time, the Swedish Work Environment Authority shall, following representations by the safety officer, consider whether an order or prohibition is to be issued under Chapter 7, Section 7. Such request by a safety officer on a vessel shall instead be submitted to the Swedish Maritime Administration, which should consider whether an order or prohibition should be issued under the Vessel Safety Act (2003:364).
Where there is a safety committee, a safety officer may directly require the committee to discuss a question concerning the work environment. (SFS 2003:365)
Section 7 If a particular task involves immediate and serious danger to the life or health of an employee, and if no immediate remedy can be obtained through representations to the employer, the safety officer may order the suspension of that work pending a decision by the Swedish Work Environment Authority.
If considerations of health and safety so demand, and if no immediate remedy can be obtained through representations to the employer, the safety officer may order the suspension, pending a decision by the Swedish Work Environment Authority, of work carried out by an employee alone.
If a prohibition issued by a supervisory authority, which has entered into final legal force or requires immediate compliance by virtue of an order under Chapter 9, Section 5, is disregarded, a safety officer may immediately suspend the work to which the prohibition refers.
The safety officer shall not be held liable for any damage resulting from a measure referred to in this Section.
The Vessel Safety Act (2003:364) contains provisions on the right of a safety officer to discontinue work on a vessel and on the effect of such action. (SFS 2003:365)
Section 8 At a workplace where fifty or more persons are regularly employed, there shall be a safety committee consisting of representatives of the employer and of the employees. A safety committee shall also be appointed at places of employment with smaller numbers of employees if the employees so require.
Employees' representatives shall be appointed from among the employees by the local employees' organisation currently or customarily having a collective bargaining agreement with their employer. In the absence of such an organisation, the representatives shall be appointed by the employees.
The Vessel Safety Act (2003:364) contains provisions on how a safety committee on a vessel should be appointed. (SFS 2003:365)
Section 9 The safety committee shall participate in the planning of work with respect to the work environment at the workplace and follow up the implementation of that work. It shall carefully monitor developments with respect to issues relating to protection against illness and accidents and is to promote satisfactory work environment conditions. A safety committee on a vessel shall also monitor that the vessel has the crew that it should have under any decision or regulations. The safety committee shall deal with questions concerning:
1. occupational health care;
2. action plans as referred to in Chapter 3, Section 2a;
3. the planning of new or altered premises, equipment, work processes and work methods and the organisation of work;
4. the planning and use of substances liable to cause illness or accidents;
5. information and education concerning the work environment;
6. job adaptation and rehabilitation activities at the workplace. (SFS 2003:365)
Section 10 Safety officers may not be hindered in the discharge of their duties.
If a safety officer represents an employee who has worked at a workplace over which his employer is not responsible, the employer who is in charge is obligated to provide access for the safety officer to the extent required to fulfil his duties.
A safety officer shall not be given inferior work conditions or terms of employment by reason of his appointment. On the termination of his appointment, the safety officer shall be assured of work conditions and terms of employment identical or equivalent to those which he would have had if he had not held his appointment. (SFS 1994:579)
Section 11 An employer or employee contravening the provisions of Section 10 shall compensate any loss or injury caused. In determining whether loss or injury has been caused and, if so, the extent thereof, circumstances which are not of a purely economic character shall also be taken into account. If it appears reasonable in view of the extent of the loss or injury or other circumstances involved, the damages may be reduced or completely waived.
If several persons are liable for damage, the liability shall be apportioned between them as is reasonable according to the circumstances.
Section 12 Any person wishing to claim damages under Section 11 shall notify the other party of his claim within four months of the occurrence of the loss or injury concerned. If, within that period, negotiations concerning the claim have been demanded under the Employment (Co-Determination in the Workplace) Act (1976:580), or by virtue of a collective bargaining agreement, an action shall be instituted within four months from the conclusion of the negotiations. In other circumstances an action must be instituted within eight months from the occurrence of the loss or injury.
The first paragraph shall apply, mutatis mutandis, to claims concerning employment benefits under Section 5.
If the provisions of the first or second paragraph are not complied with, the claim concerned will lapse.
For a safety officer on a vessel, the Vessel Safety Act (2003:364) shall apply instead of as provided by this Section. (SFS 2003:365)
Section 13 Cases concerning the application of Sections 10 and 11 shall be determined in accordance with the Labour Disputes (Judicial Procedure) Act (1974:371). However, general rules applicable to judicial proceedings apply with respect to claims against the employee or, in cases referred to in Section 10, second paragraph, claims against the person responsible for a workplace. (SFS 1994:579)
Section 14 Sections 4 - 7 and 10 - 13 shall apply to an employer when the employer has been notified of the appointment of a safety officer by the organisation or the employees making the appointment or, if the employer could not be reached, notice of the election has been despatched to the workplace.
Section 15 The provisions of Section 5, Section 10, first and third paragraphs, and Sections 11 - 14 shall apply, mutatis mutandis, to members of safety committees. (SFS 1994:579)
Section 16 The Trade Union Representatives (Status at the Workplace) Act (1974:358) shall also apply concerning safety officers and safety committee members appointed by organisations referred to in Section 2, second or third paragraph. If a safety officer or a member of the safety committee on a vessel has been appointed by employees onboard, the Act shall be applied as if he or she was appointed by their local employees’ organisation. The aforementioned shall not apply insofar as the officer's or representative's rights under this Chapter or under the Vessel Safety Act (2003:364) would be limited thereby. (SFS 2003:365)
Section 17 Persons undergoing training or education shall be given the opportunity, by the person responsible for the training or education, of taking part in safety activities at the workplace through student safety officers, if this is reasonable with regard to the nature of the training or education and its duration.
Student participation, however, does not apply to students below grade 7 of compulsory school or the corresponding youth education. (SFS 2003:233)
Section 18 Student safety officers shall be appointed by the students.
The educational principal shall ensure that the student safety officers receive the training and leave of absence needed for their duties.
Student safety officers are entitled to the information necessary for the discharge of their duties, except for information concerning matters which are confidential under Chapter 7, Section 13, first paragraph. The Secrecy Act (l980:100) shall apply in relation to information in the work of the public authorities that is subject to secrecy. (SFS 1990:233)
Chapter 7 Supervision
Section 1 The Swedish Work Environment Authority shall supervise compliance with this Act and of the regulations made under the same.
Except for Section H13 Hthis Chapter does not apply to work on vessels. The Vessel Safety Act (H2003:364H) contains provisions on supervision of work on vessels and restrictions on the right to use vessels. (SFS 2003:365).
Section 2 Repealed (SFS 1986:55).
Section 3 A supervisory authority is entitled, upon request, to receive the information, documents and samples and to order the investigations required for the supervision under this Act.
Section 4 A person who, in the course of his business, uses a certain product, or commissions another person to perform a certain duty, is required to disclose the identity of the person supplying the product or performing the duty when required by the supervisory authority to do so.
A person having sold or supplied or made available a technical equipment, or supplied a substance which may cause illness or accidents is obligated, at the request of a supervisory authority, to furnish available information regarding the persons to whom the product has been transferred or supplied. (SFS 1991:677)
Section 5 For purposes of supervision under this Act, the supervisory authority shall be entitled to access to workplaces and may carry out investigations or take samples there. No compensation shall be made for samples taken.
It is the duty of the police authorities to provide such practical assistance as may be required for the enforcement of this Act.
Regulations concerning the liability for compensation payable to a supervisory authority for its reasonable expenses in connection with sampling and the testing of samples may be made by the Government or, if decided by the Government, by the Swedish Work Environment Authority. (SFS 2000:764)
Section 6 If a workplace common to several enterprises has no person to whom co-ordinating responsibility has been assigned under Chapter 3, Section 7, the Swedish Work Environment Authority may decide who is to have such responsibility. If there are special reasons, the Swedish Work Environment Authority may prescribe that co-ordinating responsibility is to be vested in some other person than the person having such responsibility under that Section.
For the purposes of the preceding paragraph, the co-ordinating responsibility shall be vested in the person ordering construction or heavy engineering work at the common workplace, or in one of the persons conducting activities there. (SFS 2000:764)
Section 7 The Swedish Work Environment Authority may issue, to a person having safety responsibility under Chapter 3, Sections 2 - 12 and 14, Chapter 5, Section 3, first paragraph, or Section 6 of this Chapter, such orders or prohibitions as are needed to secure compliance with this Act or with regulations made under the same.
Orders or prohibitions by the Swedish Work Environment Authority may be issued in conjunction with default fines.
Should any person neglect to take the measure required of him in an order, the Swedish Work Environment Authority may order compliance at his expense.
If an order has been issued concerning a measure for which a building permit, demolition permit or land permit is required under the Planning and Building Act (1987:10) but such permit is refused, the order shall lapse as far as the measure is concerned. (SFS 2000:764)
Section 8 If premises, land or a space underground provided for work or as personnel facilities are unsatisfactory in terms of safety and health, the Swedish Work Environment Authority may, under Section 7, prohibit their further provision until specified improvements have been made to the premises, land or other space concerned.
The Swedish Work Environment Authority may issue, to the person providing premises, land or a space underground for work or as personnel facilities, an order under Section 7 for the investigation of safety conditions of the location concerned. (SFS 2000:764)
Section 9 Repealed (SFS 2000:764).
Section 10 To ensure compliance with a prohibition under Sections 7 or 8, a supervisory authority may order a building, space or equipment to be sealed or otherwise shut off. Provision for the execution of such an order shall be made by the authority. (SFS 1994:579)
Section 11 The person with responsibility for protection under Chapter 3, Sections 8 - 10, may be obliged, in the event of a particular risk in the work environment, to issue warnings or to recall a product. In this context, the provisions of Sections 14 - 18 of the Product Safety Act (2004:451) shall apply. The provisions contained in that Act with respect to the manufacturer shall apply instead to the person responsible for protection under Chapter 3, Sections 8 - 10.
The order shall be combined with a default fine unless this is, for special reasons, unnecessary under the circumstances. (SFS 2004:453)
Section 12 The Government may prescribe that special charges be imposed in matters under this Act.
Section 13 A person who has been appointed to serve as a safety officer or on a safety committee or who has taken part in job adaptation and rehabilitation activities at the workplace under this Act may not improperly reveal or utilise facts that have come to his knowledge in the course of his duties concerning trade secrets, work procedures, business dealings, the personal circumstances of individuals or matters that are important with respect to national defence.
A safety officer, member or participant who has been appointed by a local organisation of employees as referred to in Chapter 6, Sections 2 and 8 may, notwithstanding the duty of confidentiality defined in the first paragraph, transmit information to a member of the executive committee of the organisation or to a work environment expert with a central organisation of employees to which the local organisation belongs. The right to transmit information applies only if the informant notifies the recipient of the duty of confidentiality. In such a case, the duty of confidentiality also applies to the latter.
With regard to workplaces in the public sector, the provisions of Chapter 14, Sections 7, 9 and 10 of the Secrecy Act (1980:100) shall apply instead of the first and second paragraphs of this Section. (SFS 1994:579)
Section 14 The supervisory authority shall supply safety officers with copies of the written communications made to a workplace in matters of safety and health. (SFS 1980:245)
Chapter 8 Remedies
Liability
Section 1 Any person who intentionally or negligently fails to comply with an order or prohibition issued against him under the provisions of Chapter 7, Sections 7 - 9, shall be fined or sentenced to imprisonment not exceeding one year. This provision, however, shall not apply if the order or prohibition was issued in conjunction with a default fine. (SFS 1994:579)
Section 2 Fines shall be imposed on persons who intentionally or negligently:
1. employs a minor in contravention of Chapter 5, Section 2, first paragraph, or of regulations made under Chapter 5, Section 2, third or fourth paragraph;
2. contravenes regulations made under Chapter 4, Sections 1 - 8, or Chapter 5, Section 3, second paragraph, Section 4 or Section 5;
3. furnishes incorrect information in matters of importance when a supervisory authority has requested information, documents or samples or has requested investigations under Chapter 7, Sections 3 or 4;
4. removes safety equipment or renders such a equipment inoperative without valid cause.
No liability will be imposed under this Section if a penalty charge has been prescribed under Section 5 with respect to the breach. (SFS 1994:579)
Section 3 Chapter 20, Section 3 of the Penal Code contains provisions concerning liability for infringements of Chapter 7, Section 13.
Forfeiture
Section 4 Any equipment or substance which has been used in connection with offences coming under this Chapter and in violation of a prohibition under Chapter 4, Section 4 or Chapter 7, Section 7, or the value of such equipment or substance, shall be declared forfeited, provided it is not manifestly unreasonable. (SFS 1991:677)
Penalty charge
Section 5 The Government or, if decided by the Government, the Swedish Work Environment Authority, may make regulations prescribing that a separate charge shall be paid in the event of the infringement of a provision that has been made under Chapter 4, Sections 1 - 3, or Section 8, first paragraph. The charge shall be payable notwithstanding that the infringement was not intentional or brought about by negligence.
Such a regulation shall indicate the manner in which the charge is to be calculated with respect to different kinds of infringement. The amount of the charge shall be determinable directly or with the guidance of the basis for computation specified. The charge shall be not less than 1,000 and not more than 100,000 kronor. (SFS 2000:764)
Section 6 The charge shall be imposed upon the natural person who, or legal person which, conducted the business in which the infringement took place.
The charge may be reduced or waived if it would be unfair to impose the charge in accordance with the basis of computation specified.
The charge shall be payable to the State. (SFS 1994:579)
Section 7 Issues concerning the imposition of charges shall be dealt with by a County Administrative Court at the application of the Swedish Work Environment Authority.
Leave to appeal is required for appeal to an Administrative Court of Appeal. (SFS 2000:764)
Section 8 The charge may only be imposed if an application has been served upon the person against whom the claim is made within five years from the date when the infringement occurred.
Notice of a decision whereby a charge is imposed upon a person shall be sent forthwith to the County Administrative Board. The charge shall be paid to the County Administrative Board within two months from the time at which the decision entered into final legal force. Notice to that effect shall be included in the decision.
If the charge is not paid within the period indicated in the second paragraph, a charge for late payment shall be imposed in accordance with the Late Payment Charges Act (1997:484). The unpaid charge and charge for late payment shall be submitted for collection. The State Revenues Collection Act, etc. (1993:891) contains provisions concerning debt collection. Enforcement under the Enforcement Code may take place in the context of collection. (SFS 1997:520)
Section 9 Issues concerning the imposition of charges may be dealt with by the Swedish Work Environment Authority by the issue of a charging order.
A charging order means that a person who appears to have committed an infringement is ordered to pay a charge, which order must be accepted immediately or within a specified period of time.
If an order is accepted, it has the same effect as a judicial determination to impose a charge, which has entered into final legal force. However, an acceptance after expiry of the time specified in the order shall be ineffective. (SFS 2000:764)
Section 10 A charge that has been imposed shall lapse unless execution has been made within five years from the time at which the decision entered into final legal force.
Chapter 9 Appeals
Section 1 Repealed (SFS 2000:764).
Section 2 Decisions by the Swedish Work Environment Authority in matters relating to responsibility for protection in accordance with Chapter 3, Sections 8 - 10, may be made to a general administrative court. The same applies to the Authority’s decisions in matters relating to the implementation of regulations made under Chapter 5, Section 2, third and fourth paragraphs, Section 3, second paragraph, or Section 5.
Leave to appeal is required for appeal to an Administrative Court of Appeal.
Other decisions made by the Swedish Work Environment Authority under this Act, or on the basis of orders made by the Government under this Act, may be appealed against to the Government.
However, decisions made by the Swedish Work Environment Authority relating to regulations may not be appealed against. (SFS 2000:764)
Section 3 To safeguard the interest of employees in matters under this Act, appeals under Section 2 may be made by the senior safety officer or, in the absence of a senior safety officer, by some other safety officer.
If there is no safety officer, the employees' organisation may make an appeal insofar as the matter concerns its members' interests. If the proceedings relate to something other than work on vessels, it is required that the organisation has previously expressed its views in the matter. (SFS 2003:365)
Section 4 The Swedish Work Environment Authority may, with respect to regulations, refer matters of particular importance to the Government before the Authority makes a decision on the matter. (SFS 2000:764)
Section 5 A supervisory authority is entitled to order that its decision shall be complied with immediately. (SFS 2000:764)
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Traduzione non ufficiale
Fonte: sweden.gov.se