Executive Order on the duties of project supervisors and consultants etc. under the Danish Working Environment Act*)
Working Environment Executive Order No. 110 of February 5, 2013
Pursuant to section 35, cf. sections 33 and 34, section 73, clause 1 and section 84, in the Working Environment Act, cf. Executive Order No. 1072 of September 7, 2010
Part 1 - Scope and definitions
1. The Executive Order covers any projects that form the direct basis for:
- Construction, extension, demolition, alteration, repair or maintenance of a building and construction work.
- Construction, extension, alteration, repair, maintenance and demolition of a production plant.
- Layout, extension, disassembly, alteration, repair or maintenance of technical equipment.
- Production, use, or modification of substances and materials that may be hazardous to, or otherwise impair, health or safety, or a process in which a by-product is or may be such a substances(s) and material(s).
2. The Executive Order also covers provision of advice/consulting on a specific circumstance that affects health and safety within the areas named in section 1.
(2) Under the Executive Order, consulting shall mean an opinion or statement about conditions that affect health and safety, provided on request and for a fee.
3. Under the Executive Order, the obligations are incumbent on the party delivering a project that constitutes the direct basis for the implementation of the projects named in section 1.
(2) The obligations under the Executive Order are also incumbent on any party that advises on conditions that affect health and safety.
(3) The obligations under this Executive Order are also incumbent on companies that deliver a project for own use that constitutes the direct basis for the projects named in section 1 or that advise on conditions that affect health and safety.
4. If several project supervisors deliver a project, each one is responsible for their part of the project.
(2) Where there are several project supervisors, individual project supervisors must assist in identifying any overlaps with other projects or partial projects that other project supervisors are responsible for so that compliance with this Executive Order is also ensured in the overlapping areas.
(3) A project supervisor who employs others to design parts of a project, must ensure sure that the overall project complies with the provisions of the Executive Order.
(4) A project supervisor who allows the inclusion of items named in the Working Environment Act section 30 (1), in the project, or systems or parts already designed, must make sure that the integration of the items, systems or parts in the overall project is done in compliance with sections 6-13.
5. Where the Executive Order names »the project supervisor« this also applies to consultants. Where the Executive Order names »the project« this also applies to consulting.
Part 2 - The project supervisor's obligations
6. The project supervisor of a building and construction project must ensure when issuing project directions that the regulations of the Danish Working Environment Act can be complied with in completing the project and subsequent maintenance of the completed project.
(2) When surveying and preparing a building and construction project, the project supervisor must take into account the general principles for prevention in the health and safety area, which are referred to in annex 2 below, namely:
- in the architectural, technical and/or organizational choices for the planning of various works or work stages that are to be implemented simultaneously or consecutively and
- in the calculation of the time to be allocated to implementation of the various works or work stages.
(3) Based on the assessment in subsection 1, the project supervisor of a building or construction project must, for reasons of health and safety, set out the working methods, materials, constructions, etc., prescribed or intended to be used, how the individual works or phases of work are to be organized relative to one another so that work can be done in an entirely safe and healthy manner.
(4) The project supervisor of a building or construction work must ensure that the client's health and safety coordinators during the project preparation stage, see executive order on the client's duties, are involved in the project supervisor's preparations and are given access to the relevant parts of the project documents concerning subsections 1-3. The coordinator must be involved when the project design, following agreement with the client, is initiated and subsequently during planning to the extent necessary.
(5) The designers of technical equipment or a manufacturing plant, must in their project directions ensure that the rules of health and safety legislation can be complied with in the implementation of the project, the finished product and also take into account foreseeable risks associated with its operation.
(6) In the design, the project supervisor must take into account the instructions received from the client's coordinator.
7. In their project directions, the project supervisor must make sure that suitable technical devices can be used in handling the loads during completion of the project and in the completed project's maintenance, if a manual handling of the loads entails a health and safety risk.
8. The project supervisor must ensure that no substance or material is prescribed or expected to be used in the project that may be hazardous or otherwise jeopardise safety or health if this can be substituted by a harmless or less harmful or irritating substance or material, cf. the substitution provisions in the executive order on working with substances and materials.
9. The designing and consulting party must advise their client on which feasibility studies must be undertaken for reasons of health and safety in the implementation of the project and the maintenance of the completed project.
10. The project supervisor must in their project documents indicate which specific risks and other special conditions are associated with the particular project and which are significant for health and safety in the implementation of the project and maintenance of the completed project, cf. annex 1.
(2) In addition, the project supervisor must indicate in the project if there are special circumstances in the construction project's environs that may constitute a particular risk of negative health and safety impacts in the project's implementation and maintenance of the completed project.
11. Any party providing a project for a building and construction works will be informed by the client on their obligations under working environment legislation in relation to the project's expected nature and scope.
12. Any party providing a project for a building and construction works must include as part of the project documents a description of the building or plant's characteristics (construction, design, specified materials, etc.) to the extent that this may affect health and safety during maintenance work or repair of the building or plant. The description should contain a list of the special conditions to be observed in relation to health and safety in any such future work.
(2) The designer of a building and construction work must, on the basis of the assessment of subsection 1, provide the client's coordinators with the information and, where appropriate, the description presented in accordance with subsection 1, to be used in the coordinator's assessment of the preparation of the journal, adapted to the construction project's characteristics, and which contains a list of the topics concerning health and safety that should betaken into account in any future work, cf. executive order on client's duties. The journal may be included in the list drawn up by the project supervisor.
Part 3 - Exemptions and appeals
13. The Director of the WEA may, in special circumstances, allow deviations from the provisions of this Executive Order, when deemed appropriate and feasible, and to the extent that this is consistent with Directive 92/57/EEC of June 24, 1992 on the minimum health and safety requirements at temporary or mobile construction sites.
14. WEA rulings pursuant to this Executive Order may be appealed under the Danish Working Environment Act section 81.
Part 4 - Penalties
15. Unless a higher penalty is prescribed under the Working Environment Act or other legislation, a fine or imprisonment of up to 2 years may be imposed on those who:
- Violate section 4, sections 6-12.
- Fail to comply with improvement notices issued pursuant to the Executive Order.
(2) Criminal liability may be imposed on companies etc. (legal persons) under the rules of the Danish Criminal Code, Chapter 5.
Part 5 - Entry into force
16. The Executive Order enters into force on February 15, 2013.
(2) At the same time, Executive Order no. 574 of 21 June on the duties of project supervisors and consultants, etc. under the Working Environment Act is rescinded.
WEA February 5, 2013
Jens Jensen/Eva Jensen
1) The Executive Order contains provisions that implement Council Directive 92/57/EEC of June 24, 1992 on the minimum health and safety requirements at temporary or mobile construction sites, the Official Journal 1992, L 245/6.