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Lesson 8 of 8

The Working Environment Authority, orders and guidance

Arbejdstilsynet, the Danish Working Environment Authority, is the authority that supervises the working environment. Its tasks are set out in § 72 of the Working Environment Act ("lov om arbejdsmiljø", consolidated act no. 442 of 24 April 2026).

What does Arbejdstilsynet do?

  • gives guidance to companies, employees and organisations
  • makes sure the Act and the rules are complied with
  • takes decisions and issues orders (påbud)

Everyone with duties under the Act must, on request, give Arbejdstilsynet the information that is necessary (§ 76).

Orders

If Arbejdstilsynet finds conditions that conflict with the rules, it can make a decision (§ 77).

  • It can order the situation to be put right immediately, for example by stopping the work, or within a deadline.
  • If there is an imminent, significant danger, Arbejdstilsynet can order the danger to be countered immediately with effective measures.

The employer must make the working environment organisation aware of Arbejdstilsynet's decisions and written orders (§ 36(2)). As a member you therefore have the right to see them.

Appeals

A decision by Arbejdstilsynet can be appealed to the Working Environment Appeals Board (Arbejdsmiljøklagenævnet) within 4 weeks of being notified. The appeal is sent to Arbejdstilsynet (§ 81). The main rule is that an appeal made in time has suspensive effect. But orders that must be complied with immediately, and orders in cases of imminent danger, do not have suspensive effect.

The right to leave

An employee has the right to leave the workplace or a dangerous area if there is a serious and immediate danger that cannot be avoided, and must not be placed at a disadvantage for doing so (§ 17 a).

Guidance and rules

  • Acts and executive orders are binding rules.
  • Arbejdstilsynet's guidance explains how Arbejdstilsynet understands the rules and gives examples. It is not law itself, but is an important help when you need to know what is expected.
  • Always check that you are reading the latest version. The rules in this area were brought together and changed in 2026.

You can find the rules on retsinformation.dk and the guidance on at.dk.

Your role during an inspection

  • Help find the documents Arbejdstilsynet asks for: APV, action plan, documentation of the annual discussion, plan of the working environment organisation, lists of accidents at work, documentation that supplementary training has been offered.
  • Say what you know about conditions in your area. Answer truthfully.
  • Get hold of orders and decisions afterwards, and follow up to make sure they are complied with.

How to talk to Arbejdstilsynet

Be factual and precise. Distinguish between what you have seen yourself and what you have heard from others. If you do not know whether something is in order, say so and find out afterwards. That is better than guessing.

Penalties

Breaking the rules can be punished by a fine. Under the Working Environment Act the penalty is a fine or imprisonment for up to 1 year, and up to 2 years if the breach led to an accident with serious injury or death (§ 82). Under the executive orders on systematic working environment work and on the psychosocial working environment the penalty is a fine or imprisonment for up to 2 years, unless a more severe penalty applies under other rules. Companies can also be punished.

Who does what?

It is the employer who is responsible for the rules being followed. Your task as a member of the working environment organisation is to check, advise and propose. Nobody expects you to solve all the problems alone. But you must speak up when you see something that is not in order.

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