Executive Order on Building and Construction

Executive Order no. 1516 of 16 December 2010 of the Danish Working Environment Authority as subsequently amended - unofficial version

Pursuant to sections 15a(4), 20(2), 20a(2), 39(1), 43 and 84 of the Consolidation Act on the Working Environment, cf. Consolidation Act no. 1072 of 7 September 2010, it is determined by order pursuant to section 73:

THE COMPILATION covers Executive Orders

  • No. 1516 of 16 December 2010, which entered into force on 31 December 2010, and
  • No. 115 of 5. February 2013, which entered into force on 15 February 2013
  • No. 1805 of 18 December 2015, which entered into force on1 January 2016

Part 1 - Scope and definitions

1.-(1) This Executive Order shall apply to building and construction (construction sites) whether such works are carried out by employees, employers themselves or by self-employed persons without any employees.

(2) However, the provisions in Part 9, Welfare facilities, shall not be applicable to work for which no employees are occupied, or which is covered by section 2(2) of the Danish Working Environment Act.

(3) Furthermore, the provisions in Part 9, Welfare facilities, shall not apply

  1. in case the work of an employer at the construction site is of a duration not exceeding three full working days, and the total occupation of the employees lasts no more than six man days, or
  2. in case the employees, while occupied at the construction site, start and end their daily working hours at a location other than the construction site. For such work, welfare facilities shall be provided to employees according to the rules on the conditions at alternating places of work.

(4) Within the scope of this Executive Order building and construction shall mean:

  1. work performed in connection with the construction and changing of buildings and structures, including assembly work,
  2. construction and changing of roads, tunnels, bridges, harbours and similar projects,
  3. excavation and earthworks in connection with the above,
  4. pipe and cable laying,
  5. repair and maintenance work in connection with the above, and
  6. demolition and dismantling of buildings, structures and parts thereof.

2. This Executive Order shall not imply any changes in the special requirements for the conditions at construction sites prescribed by other rules of the working environment legislation, such as the rules on the handling of asbestos, epoxy resins and isocyanates.

3. In addition to the provisions of working environment legislation, regulations laid down for construction sites pursuant to other legislation, such as fire fighting legislation and the Heavy Current Regulation shall apply.

4. The obligations under this Executive Order shall be imposed on employers, business managers, site managers and other employees according to the general rules of the working environment legislation, cf. Part 4 of the Danish Working Environment Act.

Part 2 - Planning and cooperation

5. At construction sites where several employers carry out work on the same work site, the individual employers shall cooperate on creating safe and healthy working conditions for all employees at the work site. Cooperation between employers shall pay regard to the planning, demarcation and coordination implemented at the construction site, cf. the Executive Order on the Duties of the Clients.

(2) For work on building sites at which several enterprises are operating, the individual employer shall instruct his employees in accordance with the agreements applying for working with the other enterprises on the building site. On building sites subject to the Executive Order on the Duties of the Clients, and for which a health and safety plan shall be prepared, the employer shall also instruct its employees about the contents of the plan on health and safety.

(3) For work on building sites subject to the Executive Order on the Duties of the Clients, when the individual employer intends to utilise sub-contractors on the building site, the individual employer shall notify the client and the clients coordinator before the individual sub-contractor commences operations on the building site.

6.-(1) On the construction site, it shall be the duty of the individual employer to ensure that the measures in respect of the common areas agreed with the client or the other employers, cf. the Danish Executive Order on the Duties of the Clients, are implemented and maintained, and that there is effective supervision of these.

(2) Employers at construction sites shall contribute to ensuring that the clients planning, demarcation and coordination to promote the health and safety of employees function as intended.

(3) Employers at construction sites shall pay regard to the instructions on planning and coordination of health and safety at the construction site set out by the clients coordinators, cf. the Executive Order on the Duties of the Clients.

7.-(1) In connection with planning and performance of work at building and construction sites, employers shall observe general principles of prevention as stated in Annex 1 of the Executive Order on the Performance of Work, in particular the special principles of prevention listed in Annex 2 of this Executive Order.

(2) If building and construction involve special risks, as listed in Annex 1, the employer shall prepare a written assessment of the performance of the work with a view to fully ensuring that the work can be carried out appropriately in terms of safety and health. If only part of the work is of this nature, the assessment and the specification of the measures to be taken shall only cover that part of the work.

(3) If the work is to be carried out by several employers, each employer shall ensure that the assessment of health and safety according to subsection (2) above is coordinated between the employers. Coordination between employers shall pay regard to the planning, demarcation and coordination implemented at the construction site, cf. the Executive Order on the Duties of the Clients.

Part 3 - General provisions

Marking of the construction site and signage

8. The construction site shall be signposted and laid out so as to be clearly visible and identifiable around the site and in its immediate vicinity.

9. The construction site shall, to the extent necessary, be provided with durable signs placed at expedient points for information about special risks or other conditions of importance to safety and health.

Buildings, premises and similar

10. Building components, tunnels, mine passageways, excavations, technical installations, installations and similar, including loading bays and ramps shall be constructed, designed and have such dimensions that work and passage, under the intended use, can take place without risk to health and safety.

11. The position, number and dimensions of doors, gates, hatches, etc. shall be appropriate, taking the nature of the work and other conditions into account. Doors etc. shall be made of suitable materials and be designed and installed in such a way that they are easy to open, close and pass through without any risk.

12.-(1) Premises shall be designed and be stable enough that they fit their purpose of use so that work and passage can take place without risk to health and safety.

(2) Access routes and passageways shall be marked if the premises’ use and equipment require protection of the workers.

13. Floors in premises with work or passage shall be free from bumps, holes and dangerous differences in level, and shall be firm, stable and slip-resistant.

14. Transparent or translucent walls, primarily walls made entirely of glass, shall be clearly marked or separated from workplaces and access routes such that the workers do not unintentionally come into contact with the walls. If separation is not possible or if the walls do not consist of safety materials, and there is a risk that the workers will injure themselves if the walls shatter, the walls shall be protected against shattering.

15. Transparent doors or gates shall be furnished with clear eye-level marking. If the transparent or translucent surfaces of doors or gates do not consist of safety materials, and if there is a risk that the workers may be injured if the doors or gates splinter, such surfaces shall be protected against shattering. Swing doors and gates must be transparent or have see-through panels.

16. Workers shall be able to open, close, adjust and fix windows, skylights and ventilation systems appropriately in a safe manner. When open, it shall not be possible to adjust the above in a way that poses a safety and health risk to the workers. Windows, skylights and ventilation installations shall be designed to fit with the other equipment or be furnished with devices which make it possible to clean them without endangering the workers and without endangering persons who are otherwise working in the work area.

17. If drawing-room work, office work or other work which is not actual building or civil engineering works, is performed at the construction site for long periods, such work shall be performed in premises, at which the conditions shall be in accordance with the rules for permanent places of work. This provision shall also apply to premises in huts, pavilions and similar. However, the requirements for the insulation and ceiling height of such premises shall not be more stringent than the requirements laid down in the rules for the design of site huts and similar, cf. the Danish Executive Order on the Design of Site Huts and Similar Units.

Work site and workplace

18.-(1) The individual work sites shall have appropriate room for necessary inventory, technical equipment and materials at the work site to be placed appropriately so that all functions connected with the work can be carried out without any risks to safety and health and without unnecessary inconvenience.

(2) At all locations where work is carried out safe means of access and a sufficient supply of fresh air shall be available.

(3) All people on the work site shall, in the event of danger, evacuate all workstations quickly and as safely as possible.

19.-(1) Mobile or permanent workplaces which are placed at height or underground, shall be solid and stable, and take into account:

  1. the number of employees at the workplaces,
  2. the maximum load to which the work stations may be subjected and distribution of this load, and
  3. external impacts to which the work stations may be exposed.

(2) If the soil conditions of workplaces as well as other components mentioned in subsection (1) are not stable, these shall be stabilised using appropriate and safe securing arrangements so as to prevent all or one part of the workplace from moving prematurely or accidentally.

(3) The stability and solidity of the workstations shall be subject to appropriate control, particularly following any change in the height or depth at which the workstations are located.

20. When designing and fitting out of workplaces and work sites, account shall, wherever necessary, be taken of disabled employees, particularly in relation to doors, connecting routes, stairs, showers, washbasins and lavatories.

Erection of huts and similar

21.-(1) Huts, pavilions and similar, including site huts and similar structures with welfare facilities, shall be set up in locations with a minimum level of exposure to the risk of falling materials, dust and other air pollution, noise, vibrations, fumes, etc.

(2) Huts and similar structures shall be sited in such a way that adequate access for daylight is not obstructed, and so that there are escape routes from each hut at ground level in at least two directions to free ground. Escape routes from huts shall have a minimum width of two metres and shall be kept freely passable.

(3) Huts, etc. shall be erected in a stable way with horizontal floors. Safe stairs shall be mounted from the doors to the ground, and all doors to the open shall open outwards.

Technical installations and equipment etc.

22. Technical installations and facilities shall be placed and installed in such a way that they cause the least possible danger to the work and so that they are protected, as far as possible, against the access of unauthorised persons.

23. Technical equipment at the construction site shall be used in accordance with regulations in the Executive Order on the Use of Technical Equipment, as well as other regulations on the use of technical equipment. Only technical equipment which complies with the regulations in the Executive Order on the Design of Technical Equipment and other regulations on the design of technical equipment may be used.

24. For work performed above ground or floor level, which cannot in other ways be performed without risk to safety and health, suitable technical equipment shall be mounted, from which work can be performed.

25. The employer shall ensure that drivers and operators of excavating and materials-handling vehicles and machinery have been specifically designated for the work and have received the necessary instructions and training.

26. Materials, equipment and other objects, including waste, which due to accidental shift, tilting, falling down or collapse, etc. may endanger health and safety shall be stored, stacked, stabilised and secured in an appropriate and safe manner.

27. Bearing structures of metal or concrete as well as individual components, shutterings, prefabricated elements and temporary supports and buttresses may only be mounted and dismantled if supervised by a specifically designated person who has received the necessary instructions and training.

28.-(1) Structure, placement, change and dismantling of cofferdams and caissons shall be supervised by a person specifically designated for the work who has received the necessary instructions and training.

(2) Cofferdams and caissons shall be checked regularly by a specifically designated person who has received the necessary instructions and training.

Temperature and weather conditions etc.

29.-(1) When carrying out work, the temperature shall be adapted to the human organism considering the work methods applied and the physical strain to which the employees are exposed.

(2) If the work cannot in other ways be planned, organised or carried out such that the temperature can be adapted to the human organism, the requirement in subsection (1) may be wholly or partly met by the employer ensuring the employees use appropriate work clothes.

30.-(1) Employees shall be protected against weather impacts which may endanger their health and safety.

(2) If work operations are carried out at the same location for a long period of time, measures shall be taken to provide protection against the weather, for instance by setting up an appropriate tent or cover, or the work shall be moved to a building or hut, as far as possible with daylight access unless evidently unreasonable or inexpedient.

(3) In skeleton buildings, on scaffolding and similar open structures, where work is performed over longer periods of time, and where the workers are expected to be exposed to impacts from the weather which pose a risk to their health, coverage or similar measures shall be provided during the winter season to afford protection against the weather to such an extent as is practicable and reasonable.

Exposure to materials and substances

31.-(1) At places where the air may contain harmful or flammable substances or materials, the air shall be checked, and effective measures shall be taken to protect workers from exposure to such substances and to prevent the risk of accidents. The atmosphere shall be checked continuously. Precautions shall have been taken to ensure that a person can be rescued quickly and efficiently and given assistance.

(2) A worker may not in any circumstances be exposed to a high-risk confined atmosphere which could endanger the life and health of the worker, e.g. when working in closed spaces, wells or pipes. The employee shall, as a minimum, be monitored continuously from outside, and all precautions shall have been taken to ensure that the person can be rescued quickly and effectively and given assistance.

(3) If the process generates dust or other airborne emissions, radiation, extreme temperatures, noise, fumes, etc., such hazards shall to the widest possible extent be countered at source or removed.

(4) Ventilation systems shall be designed and placed in such a way that harmful noise and draught are avoided and so that maintenance can be carried out in a safe way. Ventilation systems shall be provided with a control device that indicates inadequate performance.

(5) Other workers shall not work or stay so close to the areas, work processes etc. mentioned in subsections (1)-(4) that they are exposed to hazards or harmful effects.

32. Substances and materials that are toxic, corrosive and explosive, as well as other substances mentioned in Annex 3 shall be stored in an appropriate and locked-off place.

Part 4 - Risk of falling down, slippage and falling, etc.

Excavation and earthworks etc.

33. At ground level, dangerous differences in the surface level, pits, holes and similar shall be securely blocked off, covered or provided with guard rails. Excavations, ponds, including lakes and similar, shall be secured by fencing or other effective safety measures that prevent persons, vehicles or equipment from falling down.

34.-(1) Earthworks, including excavations for building pits, pipes, cables, etc. shall be executed with appropriate sloping or staying or other measures appropriate to ensure that the risk of earth falls is effectively prevented.

(2) Such measures shall take into account the nature of the soil, for instance any adjacent older excavations with looser fill as well as weather impacts. The measures shall moreover take into account special loads near the excavation or activities in the area that can generate vibration.

(3) Before earthworks can commence, measures to identify risks in connection with any installations, underground cables and other distribution systems shall have been taken so as to reduce such risks to a minimum. If deemed necessary, examinations shall be conducted into the soil conditions, e.g. as a consequence of earlier activities in the area.

35.-(1) Excavations, wells, tunnels and other underground structures as well as cofferdams and caissons and similar, in which passage or work takes place, shall be effectively protected against collapse or slippage and penetration by water and materials. Furthermore, effective safety measures shall be taken enabling employees to be brought to safety in the event of fire, collapse, slippage or penetration by water or materials.

(2) Before work is commenced an appropriate number of suitably located entrances and exits shall be established, and it shall be ensured that workers have access to escape quickly to the necessary extent.

(3) To the extent necessary, traffic, vehicles, heaps of earth and delivery of materials, etc. shall be kept separate from the perimeter of excavations. The distance to the perimeter shall be appropriate and usually at least 1 metre. If necessary, appropriate barriers shall be established.

Demolition work and similar

36.-(1) Work involving special risks such as demolition work and blasting of buildings and structures, shall be planned and organised, and appropriate precautions shall be taken, and appropriate methods and practices shall be determined such that the work can be performed appropriately in terms of safety and health. The work area shall be organised such that the work can be carried out with the least possible risk and using the necessary safety measures. Other workers shall not work or stay so close to the area that they are exposed to hazards or harmful effects.

(2) The work mentioned in subsection (1) may only be planned, organised and carried out by specifically designated persons who have received the required instructions and training.

Securing against falling down and falling through the surface

37.-(1) When working and operating in and on buildings and structures, etc. on working decks, work platforms, scaffolding, access routes and similar as well as otherwise where there is a risk of falling down or falling through the surface, where necessary, out of concern for the health and safety of the workers, collective safety measures shall be established, such as guard rails, shields or safety nets which effectively secure against falling down or falling through the surface. On roofs on which work and passage takes place, safety measures as stated in section 38 shall be taken.

(2) Safety measures shall be chosen considering the type and nature of the work, the height at which the work is carried out, as well as considering the conditions under which the work is performed. The safety measures shall also be chosen so as to ensure that the risk involved in their establishment and removal is less than the risk they are intended to prevent.

(3) Guard rails, shields and safety nets, etc. shall be of the necessary height, have the necessary strength and be safely mounted. Guard rails shall consist of at least a hand rail, knee rail and foot rail. Coverings over holes, etc. shall be safely mounted, be of the necessary strength and protected against shifting.

(4) Equipment designed to prevent falls may only be chosen for work where safety measures for collective protection, e.g. guard rails, shields and safety nets, cannot reasonably be used on account of the type and nature of the work.

Securing against falling down and falling through the surface on roofs where work and passage takes place

38.-(1) On roofs on which passage and work takes place, depending on the slope of the roof, the following collective safety measures against falling down from the eave of the roof and the base of the roof, shall be taken:

  1. Roofs sloping less than 15º: Where the eave of the roof is more than 3.5 metres above the surface below, a guard rail or other equally effective barrier shall be mounted along the eave. If roof-work is performed on a slip-proof surface in favourable wind and weather conditions, the height may be raised to 5 metres. If the work can be carried out without it being necessary for workers to be nearer than 2 metres from the eave of the roof, the guard rail may be replaced by a clear and durable marking of the place of work. Passage must not move outside the marking.
  2. Roofs sloping 15º or more: If the base of the roof is more than two metres above the surface below and work or passage will take place at a height of 5 metres or more, a scaffolding, shield, safety net or similar protection shall be mounted at the base of the roof before work is commenced so that it will effectively prevent persons from falling. If the roof surface is slippery, roof ladders shall be used, irrespective of the work height, unless the lathing can safely serve as ladders.
  3. Roofs sloping 34º or more: Measures shall be taken according to item 2) and in addition a shield, safety net or similar protection shall be mounted in such a way that the vertical distance between the points where work is performed and the shield etc. never exceeds 5 metres. Roof ladders shall always be used irrespective of the height at which work is performed, unless the lathing can safely serve as ladders.
  4. Roofs sloping more than 60º: Measures shall be taken as prescribed in item 3), however in such a way that the vertical distance between the point of work and the shield etc. never exceeds 2 metres.

(2) Points for hoisting materials up and down and near chutes for the falling of waste shall be provided with a guard rail, shield, safety net or similar protection where the vertical distance between the eave of the roof and the surface below at the point in question is more than 2 metres.

(3) Indents in the roof shall be shielded as prescribed in subsection (2), unless the indent is effectively marked, cf. section (1), no. 1.

(4) At gables, guard rails or other equally effective collective safety measures against falling down, shall be mounted along the eave of the roof, if

  1. work or passage takes place on roofs sloping by 15º or more,
  2. work or passage takes place less than 2 metres from the eave of the gable, and
  3. the vertical distance from the point at the eave of the gable where work or passage takes place exceeds 2 metres to the surface below.

(5) The safety measures prescribed in subsections (1)-(4) shall also be taken for lower fall distances than those referred to in these provisions, if the nature of the work performed, the weather, the nature of the roofing or other conditions involve a special risk of falling, or if falling onto the surface below is connected with a special risk.

(6) At openings in roofs with a risk of falling down, and at roof coverings and surfaces with a risk of falling through the surface, collective safety measures shall be established to effectively protect against such risks.

(7) The safety measures mentioned in subsections (1)-(6) shall be chosen as prescribed in section 37(2), and guard rails, shields, safety nets and coverings, etc. shall be designed as prescribed in section 37(3).

(8) Collective safety measures may be dispensed with if the work is of short duration and carried out by workers wearing proper equipment designed to prevent falls.

Risk of tripping and falling

39. For work and passage in and on buildings and structures, etc., on working decks, work platforms, scaffolding, access routes and similar, the risk of tripping and falling, e.g. due to differences in surface levels or openings and holes, shall be effectively prevented.

Risk of collapse, falling objects and materials

40. Employers shall take the necessary precautions to protect employees against the safety and health risk consequential upon the condition or temporary instability of a building work. This may e.g. be buttresses or fencing of the area in question with a risk of collapse or falling down.

41. Where there is a risk that objects or materials may fall down, effective measures shall be taken to protect the surroundings, for instance by fencing or shielding off areas. Materials, etc. stored on roofs and similar structures shall be placed in such a way that they cannot slide or be torn down by wind.

Other matters

42. Where other circumstances may pose a risk of personal injury, effective safety measures shall be taken, such as fencing, shielding or bending of protruding objects or reinforcement iron, etc.

Part 5 - First aid, alarm systems, etc.

43.-(1) Where the nature of the work to be carried out and the conditions in other respects so require, the place of work shall be equipped with appropriate fire-fighting and salvage equipment and remedies necessary to provide first aid in case of accidents. Where it is necessary for provision of appropriate first aid, special premises specifically arranged and equipped shall be available. Such equipment etc. shall be available in adequate quantity and placed at appropriate points.

(2) Specifically trained persons shall at all times be able to give first aid, and it shall be ensured that workers who are injured or suddenly feel unwell can be taken to a doctor.

(3) The workers shall have access to using a telephone at the construction site.

44. Wherever there is a risk of contamination with infectious materials or with substances or materials that on grounds of health or safety must be removed quickly from the skin or be stopped from spreading, appropriate and adequate equipment for this purpose, e.g. eyewash bottle, emergency shower, washbasin, and if necessary, hot water and special cleaning agents, shall always be placed close to the workplace.

45.-(1) Where special hazardous situations may arise, the site shall be provided with alarm systems that give appropriate warnings of danger.

(2) Fire-fighting equipment and alarm systems shall be regularly checked and maintained. Appropriate testing and exercises shall take place at regular intervals.

Part 6 - Access and transport routes

46.-(1) The construction site shall be organised with sufficient access and transport routes, including stairways, loading bays and ramps. These shall be set up, made available and dimensioned so that they can be used without risk to health and safety and so that persons working in the vicinity of such access and transport routes can move without risk to health and safety. Access routes, transport routes and passage areas shall, to the necessary extent, be designed to allow for the use of suitable technical equipment.

(2) Passageways and areas shall be kept even and free of materials or objects that may be a danger to movement. Shafts, holes and similar shall be covered or fenced off.

(3) It shall be ensured

  1. that roads can sustain the necessary loads when used, irrespective of the weather,
  2. that access routes from public roads and parking lots to changing rooms as well as paths, between huts are passable with normal footwear, and
  3. that access routes from changing rooms to work sites are passable with work footwear.

Separation of pedestrians and vehicles

47. It shall as far as possible be endeavoured to separate access and transport routes for vehicle and pedestrian traffic and to keep vehicle routes one-way only. Where this is not practicable, a proper safety distance shall be provided between pedestrian and vehicle traffic. Gates with no safe passage for pedestrians shall have clearly marked entrances, including doors that may not be blocked.

48. Access routes for pedestrians shall be at least 80 cm wide. Where no materials are carried, the width may be narrowed to 60 cm.

49. When working on roads or other areas with a risk of collision, measures shall be taken to effectively secure the workers, e.g. appropriate shielding off or marking.

Difference in surface levels on roads and passage areas

50. Roads and traffic areas for rolling equipment shall be provided with appropriate guards if they are elevated above adjacent areas by slopes more than 3 metres high or by vertical shifts of more than 1 metre. The same provision shall apply to lower heights if falls onto the subjacent areas involve particular risks.

51. At locations with frequent passage of workers from one level to another, appropriate means of access shall be provided, such as stairs, lifts or ramps.

52. Shields or coverings shall be mounted above access and transport routes where there is a risk of falling materials.

Stairs and ladders

53. Permanent stairs shall be erected as early as possible. Lifts shall be installed where work is carried out for more than two months at heights of more than 25 metres above the ground level wherever it is technically and practically feasible.

54. Ladders shall be fixed and erected with an appropriate inclination and in such a way that a hand grip is mounted approx. 1 metre above the top level.

Escape routes and emergency exits

55.-(1) Depending on the nature of the work and other conditions, an adequate number of escape routes and emergency exits shall be provided of such a nature and location that all workers at the site can reach safety if a dangerous situation arises. An elevator is not an acceptable escape route.

(2) Escape routes and emergency exits as well as access routes and doors thereto shall always be passable and shall be such that they can be used unhindered and they shall lead as directly as possible to a safe area.

(3) Doors and gates along escape routes shall be appropriately marked. Wherever necessary, on grounds of safe orientation and movement, e.g. due to the design of the site, use or equipment, access routes, passageways and escape routes shall be clearly marked with direction of circulation, exits and unexpected differences in level.

(4) Emergency doors must open outwards.

(5) Emergency doors shall not be so locked or fastened that they cannot be easily and immediately opened by any person who may require to use them in an emergency.

(6) It shall be prohibited to use sliding doors and revolving doors as emergency doors.

Part 7 - Lighting

56.-(1) Work sites and locations, premises and access routes shall as far as possible have adequate natural lighting, and at night, when natural lighting is inadequate, shall have artificial lighting adapted to the nature of the work so that the work can be carried out appropriately in terms of safety and health. As appropriate, workers shall carry portable lamps protected against impact.

(2) Lighting shall be designed in such a way that it does not blind or generate adverse heat.

(3) Access routes, transport roads and traffic areas shall be lit, so that traffic can move in a safe way. Lighting shall have a power of at least 25 lux.

(4) The colour used for artificial lighting may not change or affect workers perception of markings or signs.

57.-(1) Lighting installations in premises, on work sites and access routes shall be placed in such a way that the type of lighting does not present a risk of accidents to workers.

(2) Unlit premises, in which there is a risk of falling or other special risks, shall be blocked off.

58. To the extent required, escape routes and emergency exits shall be provided with emergency lighting of adequate intensity in case the lighting fails. Premises, workplaces and access routes in which workers are especially exposed to risks in the event of failure of artificial lighting shall be provided with emergency lighting of adequate intensity.

Part 8 - Order and clearing

59.-(1) Construction sites shall be kept clear and in an orderly condition, so that the conditions are continuously safe and without risks to health. It shall in particular be ensured

  1. that roads, traffic areas, technical installations and safety measures are kept in safe condition, and that particularly workers exposed to external agents are regularly checked and maintained.
  2. that materials, tools, supply cables, etc. are not left where they may pose a danger to work or traffic,
  3. that roads, passage areas and places of work are kept clear of waste materials and similar and cleared and gravelled in frost and snow, and
  4. that waste materials and similar are stored appropriately and removed in a proper way.

(2) Cleaning shall take place in such a way that hazardous contamination is not spread.

Part 9 - Welfare facilities

60.-(1) Employers shall ensure that their workers have access at work to:

  1. a lavatory that is lockable,
  2. premises for eating with access to drinking water nearby,
  3. a washbasin with cold and hot running water,
  4. changing rooms,
  5. a shower room, cf. however subsection (2) below,
  6. sleeping accommodation if duty with permission for sleeping is served at the work site.

(2) Where the occupation of workers at the construction site does not exceed 2 weeks, and where connection to water and sewers is not directly possible, showers shall only be installed if the work

  1. generates heavy amounts of dust or is otherwise heavily soiling,
  2. involves a risk of contamination from infectious materials,
  3. involves a risk of exposure to substances or materials which it is important to remove from the skin for safety and health reasons, or of which it is important to prevent dissemination, or
  4. exposes the workers to high temperatures or involves heavy physical strain.

(3) Pregnant women and nursing mothers must be able to lie down to rest in appropriate conditions.

(4) Employees, who during their work risk being contaminated with materials that may be infectious or risk being exposed to substances or materials that on grounds of safety or health must be removed from the skin, shall use the facilities available for preventing exposure to or spreading of the substances or materials concerned. Consumption of food and drink shall not take place in working areas in which work of such a nature is performed.

61.-(1) The facilities shall be established at or in the immediate vicinity of the construction site and be accessible when work commences.

(2) The facilities may, however, be installed fully or partly at a gathering point outside the construction site if the occupation of the workers at the construction site does not exceed 2 weeks.

(3) The option of setting up facilities at a gathering point may also be chosen in connection with civil engineering works where the construction site moves in step with the completion of the work, such as in road construction or lay-out of supply lines.

62.-(1) The facilities shall be expediently located relative to one another and the individual places of work and have good access conditions. The maximum distance to a lavatory shall be 200 metres or 5 minutes of travelling time.

(2) Lavatories, washbasins and showers shall be installed in such numbers that there are a minimum of

  1. 1 lavatory per 15 workers
  2. 1 washbasin per 5 workers, and
  3. 1 shower per 10 workers.

63.-(1) The facilities may be installed in huts, site huts, pavilions, existing buildings, etc. If the facilities are installed in site huts or other mobile units, their size and design shall meet the requirements of Executive Order on the Design of Site Huts and Similar Units, cf. however section 64. Where the facilities are provided in other ways, for instance in buildings on site, their service value shall be of a similar standard.

(2) If the scheduled duration of the work or the use of a gathering point exceeds 2 months, the lavatories shall be connected to the sewer system.

(3) If the scheduled duration of the work or the use of a gathering point is less than two months, the lavatories shall be connected to the sewer system, if this extends to the construction site and connection can be effected without trenching or similar works, cf. however section 64.

64. In the case of work for which an employer occupies no more than four workers and their occupation at the construction site does not exceed two weeks, the facilities may be set up in other mobile units than those required under section 63 provided they are suitable and appropriately arranged. Moreover, non-discharge lavatories may be used.

65. In connection with civil engineering works where the construction site moves in step with the completion of the work, and where facilities are not established at a gathering point but are set up currently in the immediate vicinity of the construction site, sections 60-64 shall be applicable subject to the following exemptions:

  1. Lavatories need not be connected to the sewer system.
  2. The same room may be used for changing and meals. However, this shall not apply if the facilities are set up jointly for the workers of more employers, or where showers are installed.
  3. Showers are only required if connection to the water supply and sewer system is directly possible. Showers shall, however, be installed, if the work
    a) generates heavy amounts of dust or is otherwise heavily soiling,
    b) involves a risk of contamination from infectious materials,
    c) involves a risk of exposure to substances or materials which it is important to remove from the skin for health and safety reasons, or
    d) exposes the workers to high temperatures or involves heavy physical strain.

66. Where non-discharge lavatories are used, they shall be of the same hygienic standard as water-flushing lavatories.

67.-(1) The facilities may be set up jointly for the workers of more employers provided that the requirements as to the facilities set out in sections 60-66 are met in proportion to the number of workers who will have simultaneous access to the facilities. The facilities at a construction site must not be accessible to other workers than those of the employers in question.

(2) Men and women shall either have separate changing and shower rooms or have access to separate use of the same facilities.

68.-(1) Welfare rooms shall be heated to the necessary level, so as to ensure a minimum temperature of 18°C while being used.

(2) The rooms shall be kept tidy, clean and properly maintained. The rooms must not be used for purposes other than those for which they were established.

Accommodation premises

69.-(1) Where the safety or health of workers, in particular because of the type of activity carried out or the presence of more than a certain number of employees as well as the remote nature of the site, so require, workers must be provided with easily accessible rest rooms and/or accommodation areas.

(2) In the absence of such easily accessible rooms or premises, other facilities shall be made available to the workers.

(3) The workers shall have access to sleeping facilities, an appropriate number of sanitary installations, premises for eating, rest rooms and an adequate number of cupboards, tables and seats with backs. The utility value of such welfare facilities shall be of a standard corresponding to the facilities mentioned in section 60.

(4) The layout of the facilities shall take account of male as well as female workers.

Specific measures

70.-(1) If special conditions in connection with narrow spaces or traffic considerations at a construction site make it impossible to comply with the requirements of section 62(2) and section 63, these requirements may be derogated from as necessary.

(2) In that case documentation of such conditions shall be submitted before work is started together with a plan for implementation of welfare facilities. This material shall be available to the workers.

Part 10 - Exemptions and appeals

71. In special circumstances, the Director General of the Danish Working Environment Authority may permit derogations from the provisions of this Executive Order where this is deemed to be reasonable and fully acceptable and to the extent it is compatible with Directive 92/57/EEC on minimum safety and health requirements at temporary or mobile construction sites.

72.-(1) Any decisions made by the Danish Working Environment Authority under this Executive Order may be appealed in accordance with section 81 of the Danish Working Environment Act.

Part 11 - Penalties

73.-(1) Unless a more severe penalty is prescribed by the Working Environment Act or any other legislation, anyone who

  1. contravenes sections 5-70,
  2. fails to comply with any improvement notice in accordance with this Executive Order, or
  3. neglects the conditions for exemptions granted under this Executive Order shall be punished with a fine or imprisonment for up to two years

(2) For contravention of sections 5-60(3) and sections 61-70, an employer may be held liable to pay a fine even if he has not acted intentionally or negligently. There shall be no alternative penalty in lieu of the fine.

(3) Companies, etc. (legal persons) may incur criminal liability according to the regulations in chapter 5 of the Criminal Code.

Part 12 - Entry into force

74.-(1) This Executive Order shall enter into force on 31 December 2010.

(2) Executive Order no. 589 of 22 June 2001 on the Conditions at Construction Sites and Similar Places of Work shall be repealed at the same time.

1) The Executive Order includes provisions that include provisions for implementing Council Directive 92/57/EEC of 24 June 1992 on the Implementation of Minimum Safety and Health Requirements at Temporary or Mobile Construction Sites, Official Journal 1992, no. L 245, page 6, as amended by Directive 2007/30/EC of the European Parliament and of the Council of 20 June 2007, Official Journal 2007, no. L 165, page 21.