The Work Environment Ordinance
SFS 1977:1166
SFS 1977:1166, amended in SFS 1980:429, 1980:686, 1980:852, 1981:288, 1982:902, 1982:1092, 1984:51, 1985:331, 1985:853, 1987:357, 1988:316, 1989:368, 1989:794, 1990:234, 1990:974, 1991:678, 1992:756, 1992:1136, 1993:953, 1994:580, 1994:673, 1995:146, 1995:482, 1995:821, 1995:1346, 1997:137, 1998:912, 2000:957, 2001:83, 2003:442, 2003:791, 2008:82, 2008:514, 2008:1214 and 2008:1282.
Section 1
In addition to the provisions indicated in Chap. 1, Section 2 a of the Work Environment Act (1977:1160), Chap. 2, Sections 4-6. Section 7 (1) first sentence and Chap. 3, Sections 7d - 7g of the same Act shall apply to foreign vessels in Swedish territorial waters.
Notification of occupational injury etc.
Section 2
If an accident or other harmful influence at work has caused death or severe injury or affected several employees simultaneously, the employer shall notify the Work Environment Authority without delay. The same shall apply in the event of incidents seriously endangering life or health.
Provision concerning notification of occupational injury is also made in the Ordinance (1977:284) concerning occupational injury insurance and state injury insurance.
Prescriptions concerning the duty of the captain to report certain occurrences in connection with work on board ship are contained in Chap. 6, Section 14 of the Maritime Code (1994:1009).
Section 2a
A physician shall notify the Work Environment Authority of diseases which may be connected with employment and are material to the working environment, and shall also inform and assist the said Authority.
Storage of documents
Section 3
Written messages from the Work Environment Authority concerning matters of safety and health and certificates or records of control, testing or examination as referred to in Chap. 4, Sections 1-3 of the Work Environment Act (1977:1160), together with other documents in this connection shall be kept available, by the employer or by a party professionally engaged in activities without having any employees, for at least five years after their date of issue. Registers, as referred to in Chap. 4, Section 7, and Chap. 5, Section 4 of the Work Environment Act, shall be kept by the employer for at least ten years after the date of the last entry. Registers referred to in Chap. 4, Section 3 (1) (2) shall be kept by the employer for at least 40 years after the day on which exposure ended.
In the event of a business changing hands, documents referred to in subsection one are to be transmitted to the new owner.
Under Section 18 (1) (3) the Work Environment Authority may stipulate other storage periods and repositories.
Common worksite
Section 4
The person who in accordance with Chapter 3 Section 7 d or Chapter 7 Section 6 first or second paragraph of the Work environment Act (1977:1160) is responsible for co-ordination of protection measures shall at the joint worksite set up notices with information about these safety precautions.
Statutory texts to be made available
Section 5
The employer shall ensure that the Work Environment Act (1977:1160) and this Ordinance are available to the workers. The same applies to statutory instruments issued by authority of the Act or Ordinance, if applicable to the employer’s activity.
Provisions concerning the statutory texts to be made available on board ship are contained in Chap. 5, Section 2 of the Maritime Safety Ordinance (2003:438).
Local safety activities
Section 6
Safety delegates and their deputies shall be appointed for a period of three years, unless exceptions are necessitated by conditions of employment or other circumstances.
The safety delegates appointed shall be persons with insight and interest in questions concerning the working environment. A safety delegate shall be closely familiar with working conditions in his safety area.
The number of safety delegates appointed shall be determined according to the size of the worksite, the nature of the work and the working conditions. If there is doubt among the employees concerning the number of safety delegates who should be appointed at a worksite or concerning the division of a worksite into safety areas, the employer and the Work Environment Authority should be consulted before elections are held. If a worksite comprises several departments, a safety delegate should be appointed for each department or group of departments involving similar work. If work is done in shifts, shift teams with several employees should have a safety delegate among the employees in each shift.
A safety delegate may be relieved of his duties by resolution of the organisation or employees appointing him.
Concerning safety delegates on board ship, Chap. 5, Section 3 of the Maritime Safety Ordinance (2003:438) shall apply instead of this section.
Section 6 a
For grades 7-9 in compulsory school and 7-10 in special school as well as for each national and special programme in upper secondary school, two representatives of the pupils shall be appointed to participate in the school´s work environment efforts as pupil safety delegates, in accordance with Chap. 6, Section 17 of the Work Environment Act (1977:1160). For individual programmes in upper secondary school and for other aducational programmes, the number of pupil safety delegates or student safety delegates is decided with regard to the number of pupils or students and their working conditions.
Section 7
Regular supervision shall be carried out at every worksite in the form of a safety inspection tour.
At worksites with pupil safety delegates or student safety delegates, these shall be allowed to participate in the safety inspection tour.
Section 8
The number of members constituting a safety committee shall be determined according to the number of persons employed at the worksite, the nature of the work and working conditions there. If possible, one of the members shall occupy managerial or comparable status. The committee should also include a member of the executive committee of a local employees’ association. It shall also include one or more safety delegates.
The chairman and secretary of the safety committee are to be appointed by the employer, unless otherwise agreed.
Concerning safety committees on board ship, Chap. 5, Section 6 of the Maritime Safety Ordinance (2003:438) shall apply instead of this section.
Section 8 a
A safety committee should meet at least once every three months.
Meetings of the safety committee should also be attended by representatives of the occupational health services.
Two of the pupil safety delegates appointed in accordance with Chap. 6, Section 18 of the Work Environment Act (1977:1160) may participate in the meetings of the safety committee. However, the pupil safety delegates may not single-handedly prevent other participants from making decisions in the safety committee. The pupil safety delegates in each safety committee area may decide among themselves which delegates are to represent them at the meeting.
Chap. 6, Section 8 of the Work Environment Act stipulates that the student safety delegates are included as members of the safety committee.
Section 9
If the representatives of employers and employees or the student safety delegates are unable to agree on a decision in the safety committee, then the matter should, on request, be referred to the Work Environment Authority, which may examine it to the extent that it falls within the scope of its authority.
Any decision taken by a safety committee should include the time within which the decision is to be put into effect.
Section 10
Particulars concerning the name and address of a safety delegate, his safety area and the period for which he has been appointed, shall be transmitted in writing to the employer by the organisation or employees electing the safety delegate, as soon as possible after his election. If a safety delegate is replaced, it shall be indicated which person the new safety delegate replaces.
The employer shall at the worksite set up notices or in other suitable fashion announce the names of the safety delegate and members of safety committee.
Concerning safety delegates or safety committees on board ship, Chap. 5, Section 7 of the Maritime Safety Ordinance (2003:438) shall apply instead of this section.
Section 11
An employer shall notify the senior safety delegate or, failing such a delegate, another safety delegate of decisions in a building permit matter relating to working premises or personnel facilities. If there is no safety delegate, notice of the decision shall be given to the organisation representing the employees.
Section 12
An employer shall inform a safety delegate, a safety committee or an employees’ association of any application for permission to carry on environmentally hazardous activity or notification of such activity as provided in the Environmentally Hazardous Activity and Health Protection Ordinance (1998:899).
Section 13
A safety delegate shall retain for at least two years a transcript of any written communication received by him from a supervisory authority. If the safety delegate relinquishes his appointment, the transcript is to be transmitted to his successor.
Chap. 5, Section 9 of the Maritime Safety Ordinance (2003:438) shall apply instead of this section on board ship.
Section 14
Chap. 6, Section 7 of the Work Environment Act (1977:1160) shall not apply to military exercises directed by the Armed Forces or municipal rescue organisation exercises concerning activity during heightened preparedness.
Section 14 a
In the event of this country being at war, the stipulations of Chap. 2 of the Work Environment Act (1977:1160) shall be applied also with due regard for the needs of the total defence establishment. Furthermore, the stipulations of Chap. 5, Sections 2 and 3 of the Work Environment Act may be waived, as may Provisions issued pursuant to the said Act, if this is made necessary by the needs of the total defence establishment. Prior to such waiver, the employer shall if possible consult the safety delegate concerned.
The Work Environment Authority shall be notified of the waiver as soon as possible.
In the event of the country being in danger of war or of extraordinary conditions prevailing such as are occasioned by the country having been at war or in danger of war, the stipulations of subsection one shall apply, by Government Ordinance, from the point in time which the Government chooses.
Supervision
Section 15
The supervisory authority shall endeavour, by means of measures referred to in Chap. 7 of the Work Environment Act (1977:1160), to establish a satisfactory working environment. Supervision shall be aimed at ensuring that employers plan and conduct their activities in such a way as to accommodate requirements concerning the working environment. In the course of supervision, a holistic assessment shall be aimed at.
The supervisory authority shall notify the Consumer Ombudsman if it finds that there is a case for intervention under the Marketing Act (2008:486) against marketing measures addressed to employers.
In the case of work done in the home, inspection visits are only to be paid at the request of the employer or employee concerned or if there is some other special reason for them. The same shall apply concerning work done by a person carrying on business without employees or employing only a member or members of his family.
In mattes of supervision on board ship, the provisions of the Maritime Safety Act (2003:364) and prescriptions issued by authority of the same shall apply instead of the provisions made in this Ordinance.
Section 16
For inspections at worksite; the supervisory authority, or an inspection agency which carries out the inspection in accordance with the supervisory authority´s regulations, shall contact the safety delegates available at the worksite.
At worksites with pupil safety delegates or student safety delegates, one of these shall also be contacted.
Section 17
(Repealed as from 1st July 1995, through SFS 1995:482).
Statutory powers
Section 18
The Work Environment Authority is empowered to
• issue Provisions pursuant to Chap. 4, Sections 1-7 and Chap. 5, Section 2, subsections three and four, Section 3, subsection two, and Sections 4 and 5 of the Work Environment Act (1977: 1160),
• issue Provisions pursuant to Chap. 4, Section 8 of the Work Environment Act in cases other than those referred to in Sections 1, 2 and 3 of this Government Ordinance,
• concerning documents referred to in Section 3 of this Government Ordinance, issue Provisions concerning other storage times than are there provided for and concerning the place of storage,
• issue Provisions concerning sanction charges under Chap. 8, Section 5 of the Work Environment Act,
• issue more detailed Provisions concerning a physician’s duty of notification under Section 2 a,
• issue Provisions pursuant to Chap. 4, Section 10 of the Work Environment Act,
• issue further Provisions for the implementation of the Work Environment Act.
The Work Environment Authority may issue Provisions concerning occupational exposure limit values to be observed in the planning and control of the working environment.
Provisions also impinging on the jurisdiction of another authority are to be issued by the Work Environment Authority after consulting that authority.
The Work Environment Authority may also allow exemptions from Provisions which the Authority has issued.
Section 18 a
Provisions concerning leave of absence for the discharge of duties as a student safety delegate under Chap. 6, Section 17 of the Work Environment Act (1977:1160) are contained
- in Chap. 6 of the Compulsory School Ordinance (1994:1194),
- in Chap. 6 of the Upper Secondary Schools Ordinance (1992:394),
- in Chap. 7 of the Special Schools Ordinance (1995:401),
- in Chap. 6 of the Ordinance Concerning Compulsory Schools for the Mentally Retarded (1995:206), and
- in Chap. 6 of the Ordinance Concerning Compulsory Upper Secondary Schools for the Mentally Retarded (1994:741).
Section 18 b
The Swedish National Agency for Education, universities, university colleges and the Swedish National Agency for Higher Vocational Education may, for their fields of activity, issue regulations for the implementation of Chap. 6, Section 17 and Section 18, second and third paragraphs of the Work Environment Act (1977:1160).
Liability etc.
Section 19
Provision concerning liability for contravention of Sections 1-3 or of a Provision issued pursuant to Section 18, subsection one 1-3 of this Ordinance is made in Chap. 8, Section 2 of the Work Environment Act (1977:1160).
In conjunction with a Provision issued pursuant to Section 18, subsection one 1-3, it shall be made clear that infringement may entail penal sanctions. This does not apply, however, if a Provision on a sanction charge has been issued for the infringement, as provided in Chap. 8, Section 5 of the Work Environment Act.
Section 20
A transcript of the record of any judgement or final decision in proceedings concerning liability under the Work Environment Act (1977:1160), or under Provisions issued pursuant to the same, shall be sent to the Work Environment Authority. The same shall apply to proceedings concerning liability under Chap. 3, Sections 7-10 of the Penal Code, if the proceedings relate to the liability of an employer or employee for causing damage or injury or for putting an employee in danger.
Section 21
Provisions of this Government Ordinance referring to the Work Environment Authority shall, with regard to ships, apply instead to the Swedish Transport Agency, subject to the exceptions entailed by this section.
As regards protection from ill-health and accidents on warships, the Swedish Transport Agency shall consult the Work Environment Authority to the extent necessary. With regard to ships laid up in shipyards in Sweden, the Work Environment Authority, after consulting the Swedish Transport Agency, shall issue the prescriptions necessary with regard to co-ordination of safety precautions. The same applies concerning a vessel which is in a Swedish port and which, due to loading or discharge of cargo being in progress, is a common worksite.
The provisions of Section 2 (1) shall not apply to warships.
Section 22
A party whose activities have been a subject of supervision under Chap. 7 of the Work Environment Act (1977:1160) shall reimburse the supervisory authorities for the cost of examining samples reasonably demanded.
A charge, determined by the Work Environment Authority, is payable for scrutiny by the Authority of machinery, implements, safety equipment or other technical devices conducted on behalf of the party intending to supply or provide the device or otherwise on that party’s account.
Interim Provisions
This Ordinance enters into force on 1st July 1978.
Provisions or conditions issued by the National Board of Occupational Safety and Health pursuant to the Workers’ Protection Ordinance - – -
- – -, applying at the time when this Ordinance enters into force, shall remain in force within their previous scope and, for purposes of the Work Environment Act (1977:1160), shall be deemed to have been issued pursuant to the corresponding stipulation of the same Act.
The stipulations of subsection two shall apply, mutatis mutandis, concerning a Provision or condition mentioned there but due to enter into force on 1st July 1978 or subsequently.
Fonte: www.av.se