A ruling without an obligation to act
A ruling without an obligation to act states that the company has violated the health and safety legislation, but it does not impose an obligation to act upon the company.
Area of usage
A ruling without an obligation to act is used for e.g.:
- When the Danish Working Environment Authority finds a violation within the company, and forwards a hearing with information that the Danish Working Environment Authority is considering to provide the company with an improvement notice, after which the company solves the problem in the hearing phase.
- When the Danish Working Environment Authority, in a monitoring process, finds a violation of the health and safety legislation, which does not lead to an immediate improvement notice or prohibition notice, and the company solves the problem before the inspection process is completed.
- When the Danish Working Environment Authority, during an investigation into an accident, finds that a violation of the health and safety legislation has been committed in connection with the accident, but a prohibition notice, an immediate improvement notice, or a notice with a time limit cannot be provided because, for example, the company has already initiated the appropriate prevention, or because the work in question is no longer conducted.
- When the Danish Working Environment Authority, in connection with a construction, finds that a violation of the design planner/consultant's obligations has been made, and where the actual building process cannot be changed.
These are the following consequences of a ruling without an obligation to act:
- The ruling leads to a yellow smiley on the Danish Working Environment Authority's homepage.
- The ruling may form a part of the basis for a potential consultancy notice regarding many health and safety problems. This is due to the fact that a company can receive a consultancy notice when it has, during an inspection, received five or more rulings in the same production unit. The rulings that are included are prohibitions notices, immediate improvement notices, notices with time limits, and rulings without an obligation to act.
- The ruling may result in a sharper penalty, if the company has previously violated similar rules.