To Section 2 – Scope

These Regulations apply to enterprises governed by the acts referred to in this section. Exceptions to this are onshore facilities in the petroleum activities that are covered by the Regulations relating to health, safety and the environment in the petroleum activities and at certain onshore facilities (Framework Regulations). Activities at the onshore facilities covered by Section 23 of the Civil Protection Act are included. The Regulations cover both public and private sector undertakings of all types and all forms of commercial activity (enterprise/company), including consumer services. The Regulations also cover the public administration and public services. However, private individuals/consumers are not covered by the Regulations. For further clarification of how the term «enterprise» should be understood, reference is made to the individual acts. If there are any doubts regarding the scope of these Regulations, clarification can be obtained by contacting the relevant supervisory authority.
In order for the Regulations to apply in the area covered by the Pollution Control Act, it is a requirement that the enterprise has employees. As a general rule, the same applies to the area covered by the Working Environment Act. Among other things, this entails that sole proprietorships are not directly subject to requirements for internal control for compliance with the Pollution Control Act or regulations based on the Working Environment Act. However, such enterprises may be covered by a co-ordinated internal control system if they perform work together with other enterprises at the same workplace, cf. Section 6 of the Regulations.
In the areas covered by the Radiation Protection Act, Electrical Supervision Act, Fire and Explosion Protection Act, Product Control Act and the Gene Technology Act, the application of the Regulations is not dependent on whether or not the enterprise has employees. This is based on the purpose of the individual acts. Any enterprises, including sole proprietorships, that are subject to the system of rules within these acts are therefore covered by the Internal Control Regulations unless it is specifically stated that the Regulations are not applicable.
The Internal Control Regulations do not apply to construction clients and the performance of duties imposed by the Construction Client Regulations. In the instances in which the construction client is the employer and performs work with own employees at the building or the construction site, the Internal Control Regulations will apply for protecting the health, safety and environment of the employees. In relation to the Product Control Act, the Regulations apply to enterprises which manufacture, process, import, sell, use or otherwise process a product, and enterprises which offer a service to consumers. Enterprises which offer the use of products or services are subject to the Regulations, irrespective of whether or not they receive payment for doing so. For example, when municipalities offer the use of goalposts, playground equipment etc., they are subject to the Regulations.
The Regulations also cover the obligations that municipalities have under the Fire and Explosion Protection Act to ensure the establishment and operation of fire brigades.
The use of internal control as a principle of management and supervision has been adopted in several areas. Many enterprises are therefore required to have internal control that encompasses a number of different acts and regulations, including for the food and fisheries industry and schools and kindergartens. Enterprises that are covered by several different internal control provisions must consider the most appropriate means of complying with the requirements. For many, a practical approach would be to draw up an overall system which takes all of the acts into consideration.