To Section 6 – Coordination

This provision applies in situations where multiple enterprises perform work/activities together, at the same workplace, or for each other. Among other things, paragraph one covers the situations referred to in Section 2-2 of the Working Environment Act, while paragraph two includes instances in which an enterprise engages others to perform work on its behalf, for example, maintenance, building or construction work.
Pursuant to paragraph one, enterprises that simultaneously perform work at the same workplace must agree in writing as to which of them will be responsible for coordinating internal control for common activities or areas. The reason for this is the obvious need for someone to be responsible for, and have an overview of, the overall health, environmental and safety situation at such workplaces. The requirement is limited to instances in which coordination is deemed necessary. Coordination must be deemed necessary when multiple enterprises that perform work at the same workplace collectively have more than 10 employees, cf. Section 2-2 of the Working Environment Act. In instances in which the number of employees is fewer than 10, situations may arise in which the risk associated with multiple enterprises being at the same workplace is considered to be so high that coordination of the enterprises' internal control is deemed necessary.
In addition to establishing which enterprise is responsible for coordination, the agreement should also include an overview of the areas and/or activities to which this responsibility applies. The enterprise that will stand out as the most obvious for having responsibility for coordination will vary in each individual instance. It may be the enterprise that orders the work, while for some enterprises, responsibility for coordination may be stipulated in their licence conditions.
Rules governing coordination between multiple enterprises can be found in, among others, Section 2-2 of the Working Environment Act and the Construction Client Regulations. Enterprises regarded as the principal undertaking pursuant to Section 2-2 of the Working Environment Act will normally also be able to have responsibility pursuant to the Internal Control Regulations. Pursuant to the Construction Client Regulations, the construction client is responsible for appointing a health, safety and environmental coordinator at the building or construction site. The primary purpose of the construction client's coordination is to prevent unnecessary conflict between different enterprises and different work operations to ensure that there is no danger to health, safety and the working environment. If there are multiple enterprises that each fulfil duties under different rules, these enterprises must again coordinate themselves to ensure that the result is in accordance with the rules. For enterprises operating at, for example, shopping centres, industrial parks, etc., it may often be natural for the operating company or holding company to assume responsibility for coordination. In any event, the enterprise in question must have the necessary overview, expertise and authority.
If no agreement has been entered into, the supervisory authorities can decide which of the enterprises will be responsible for coordination. In special cases, the supervisory authorities may also reverse an agreement that has been entered into. The starting point is that the enterprise that will be responsible for coordinating internal control in an area where multiple enterprises will be working must have the necessary overview, expertise and authority to fulfil this responsibility. If the supervisory authorities find that the enterprise that has assumed responsibility for coordination in the agreement is unable to fulfil this responsibility, the agreement may be reversed.
Paragraph two applies to internal control in contracting arrangements. This provision only applies to work performed on assignment at the contracting authority’s own area of installation.
The starting point is that the party that engages in activities related to a physical facility etc. must ensure that all activities in the area are covered by internal control, irrespective of whether or not those who perform the activity are employed by the enterprise. The reason for this is that it is often irrelevant as to whether or not the persons who are exposed to risk during the performance of their work are in an employment arrangement with the enterprise. The same will of course apply in connection with the risk of pollution of the external environment, and otherwise to general safety and protective measures that are necessary for preventing dangerous or harmful situations from occurring in connection with own activities.
It is the internal control system of the enterprise that will perform the assignment that must be used as a basis. Among other things, this entails that the contracting authority must assess the risk that arises when suppliers and contractors carry out activities within the contracting authority's area. In instances in which the use of contractors is a permanent arrangement or occurs frequently, it may be necessary to establish regular routines for this in the enterprise's own internal control system. When contractors are only engaged in exceptional cases, risk must be assessed on a case-by-case basis. The starting point is that there are strains or hazards associated with the assignment that need to be assessed.
The rules entail that the party responsible for the enterprise must investigate whether the contractors engaged by the enterprise have satisfactory internal control. It will often be necessary to assess whether one's own internal control covers general routines and measures in the area that is of significance, for example, for the working environment, use of fire, protective equipment or the risk of pollution.
The degree of adaptation and/or correction between the contracting authority's internal control and the contractor's internal control will vary in accordance with both the type and scope of the assignment, the size of the enterprise and risk factors, and how satisfactory the contractor's internal control is considered to be. The starting point will always be to ensure that internal control is coordinated to the extent that is necessary for the result to be in compliance with the legislation.
As a general rule, instances in which the enterprise purchases components, parts and equipment from another enterprise will not trigger a duty to coordinate.