Europese Commissie zet juridische stappen tegen Zweedse regels omtrent gezondheid werknemers (en)
Brussels, 28 January 2010
The European Commission has today sent a reasoned opinion to Sweden for failing to provide for proper controls on the health and safety of workers when an employer changes company status. Under current rules, workers in Sweden can suffer if an employer changes status for organisational reasons because health and safety requirements laid down by labour inspectors automatically lose effect with the change in employer.
Under the current legal system in Sweden, injunctions issued by the Labour Inspectorate (Arbetsmiljöverket) automatically lose effect in the event of an employer changing societal identity for organisational reasons, for example in the case of a merger with another organisation. This means that employers are no longer obliged to carry out health and safety measures laid down following labour inspections under a previous societal identity.
The Commission considers that this may delay measures necessary to guarantee workers' health and safety, and thus deprive workers of proper protection at work. The Framework Directive on health and safety at work (89/391/EEC) requires Member States to provide adequate controls and supervision of health and safety provisions ensuring that employers, workers and workers' representatives are subject to the legal provisions necessary for the implementation of the Directive.
Background
Infringement procedures consist of three steps. The first step is that the Member State receives a letter of formal notice and has two months to respond. In case further compliance with EU legislation is needed, the Commission sends a reasoned opinion. Again the Member State has two months to reply. If there is no satisfactory reply, the Commission can refer the matter to the Court of Justice of the European Union in Luxembourg
Further information
Health and safety at work
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