Amendment Increases the Power of the Danish Working Environment Authority

On July 1, 2018, an amendment to the Danish Working Environment Act took effect. It aims to increase the power of the Danish Working Environment Authority (WEA), which is responsible for maintaining health and safety standards in Danish workplaces.

In particular, the amendment allows the WEA to conduct interviews with employees—both separately and in groups—without the presence of the employer or a representative, which will hopefully encourage employees to speak more openly about their work environment and the psychological impact it may have on them.

Interviews With Employees

Previously, Danish law had not provided the WEA with the ability to conduct interviews with employees without the presence of the employer or a representative, and interviews could be arranged only with the employer’s agreement.

This change reinstates the position set forth in an earlier version of the Danish Working Environment Act. The intention behind the change is to encourage employees to share relevant information with the WEA.

Investigations by the WEA into issues of psychological pressure and unacceptable stress may involve group meetings with many employees. The WEA may bar the employer and representatives  from the meetings if the WEA anticipates that their presence would compromise the discussions.

Dialogue With the Company

Following interviews with the employees, the Danish Working Environment Authority should have a discussion with the company. If the WEA intends to make a formal decision, it must have an administrative consultation with the company. The WEA has a specific duty to maintain confidentiality, which includes an obligation to present any information concerning the company’s work environment in an anonymized form.

Comments

The amendment raises various issues, including whether employees have the right to be assisted by a representative or an advisor during the interview. Moreover, issues of confidentiality can make it difficult for the company to defend itself in a potential case, as it can be challenging to disprove an anonymous complaint.

Written by Anders Etgen Reitz of IUNO and Roger James of Ogletree Deakins