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Safety Science 49 (2011) 565–574

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Safety Science
journal homepage: www.elsevier.com/locate/ssci

New tools and strategies for the inspection of the psychosocial working
environment: The experience of the Danish Working Environment Authority
Mette Bøgehus Rasmussen a,*, Tom Hansen a, Klaus T. Nielsen b
a
The Danish Working Environment Authority, Arbejdstilsynet, Tilsynscenter 1, Postboks 1288, 0900 København C, Denmark
b
Centre for Working Environment & Working Life, ENSPAC, Roskilde University, Hus. 08.2, PO Box 260, DK-4000 Roskilde, Denmark

a r t i c l e i n f o a b s t r a c t

Article history: In 2007 the Danish Working Environment Authority launched a new strategy to strengthen and qualify
Available online 13 August 2010 primary prevention of work related stress. Part of the strategy consists of increased inspections of the
psychosocial working environment as well as the development and implementation of a new inspection
Keywords: tool, namely the ‘‘guidance tool”.
Labour inspection tools Twenty-four sector specific guidance tools have been developed to help WEA inspectors assess psycho-
Psychosocial working environment social working environment problems in all Danish enterprises. Based on recent research, the guidance
Psychosocial hazards
tools consist, in each sector, of the three to five most important risk factors (for example quantitative
Working environment legislation and
regulation
demands, emotional demands, and work related violence), as well as the most important preventive fac-
Work related stress tors, e.g. quality of management, influence/control and training.
During the first years of the strategy, an increasing number of inspectors have issued improvement
notices regarding work related stress and violence, and there has been an increasing number of notices
issued on several risk factors. For some aspects, the tools have helped increase the clarity and compre-
hensibility of the improvement notices and reduce the WEA’s time consumption per enterprise.
The guidance tools seem to be a suitable and efficient way of assessing several health and safety risks
concerning work related stress and violence thereby allowing the WEA to detect more of the existing
problems. Future challenges projected for the strategy include continuously training all WEA inspectors
in the proper use of the tools and continuously refining the tools – or developing new tools – based on
further research and experiences from practice.
Ó 2010 Elsevier Ltd. All rights reserved.

1. Introduction pear to be a broad science-policy gap and an even broader one be-
tween policy and practice” (p. 294), however Leka and Kortum do
Work related stress is a known contributor to physical and psy- not suggest authority inspections as a mean of regulation. In a sim-
chosocial health problems as well as an increasing economic bur- ilar vein, Lippel and Quinlan point out that ‘‘A number of jurisdic-
den for enterprises and society (European Foundation for the tions have developed instruments for the prevention and
Improvement of Living and Working Conditions, 2007; Leka and management of workplace violence (Chappell and Di Martino, 2006)
Kortum, 2008). Furthermore, many enterprises experience work and bullying/harassment (Einarsen, 2000; Lippel, 2005) but few have
related stress and psychosocial working environment (PWE) issues provided legislative tools specifically adapted to the management of
challenging (e.g. Gensby et al., 2008a,b) and they are considered psycho-social risk factors associated with work organisation. . .”.
complex matters to handle in a regulatory framework (Black, The current paper addresses the development and use of a leg-
2001; Johnstone et al., 2008). islative tool specifically developed and adapted by the Danish
According to Hansen et al. (2009), problems related to PWE are Working Environment Authority (WEA; the Danish labour inspec-
a source of concern in many Western countries. At the same time, tion) for the assessment of psychosocial risk factors at work. The
their literature review found that the actual inspection and regula- aim of this paper is to examine experience, results and challenges
tion of PWE was far from commonplace. In their policy oriented of the development and implementation of this ‘‘guidance tool” as
discussion on psychosocial hazards, Leka and Kortum (2008) point seen from the perspective of the WEA by which two of the present
out that ‘‘. . .despite developments of policy in this area, there still ap- authors are employed.
In 2004, the Danish government committed itself to a new
* Corresponding author. Tel.: +45 70121288; fax: +45 70121289.
prioritisation of the working environment for the period of
E-mail addresses: at@at.dk, mbra@at.dk (M.B. Rasmussen), ktn@ruc.dk 2005–2010 with PWE being one of four targeted areas
(K.T. Nielsen). (Arbejdstilsynet, 2005). To implement the priorities, the WEA

0925-7535/$ - see front matter Ó 2010 Elsevier Ltd. All rights reserved.
doi:10.1016/j.ssci.2010.06.002
566 M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574

launched a new strategy in April 2007. Among others, an organisa- Complaints against WEA rulings with reference to the working
tional change took place with a view to increasing the focus on environment legislation may be brought before a Working Environ-
PWE (see Section 4). Part of the strategy was the development ment Appeal Board which includes representatives of the social
and implementation of a guidance tool which aims to assess six parties.
risk factors in the PWE in order to help inspectors assess the A vital element in the regulation is the enterpriseś own efforts to
PWE: Quantitative demands (workload, pace of work); emotional improve health and safety conditions. This effort is facilitated by a
demands (contact with clients/customers/citizens); risk of violence permanent working environment organisation comprised of both
and threats; traumatic experiences; night and shift work; and bul- management and mandatory elected working environment repre-
lying and sexual harassment. sentatives in workplaces with more than 10 employees.
As we shall see later, the underlying objective of the tool was At an intermediary level eleven trade safety committees have
not to enable inspectors to identify all PWE-issues in an enterprise, been established to strengthen the sector oriented activities of
e.g. relational conflicts or employeeś (lack of) career development the social parties, e.g. through information and guidance. Finally,
opportunities (see explanation for this omission and discussion of there is a liberal market for private occupational health and safety
the implications of this strategy in Sections 2 and 6). Rather, the consultants who provide professional assistance to enterprises on
strategy aimed at increasing inspectorś opportunities to find various working environment matters. However, under certain cir-
the most common PWE problems during inspection, including cumstances the WEA can issue a consultancy notice that requires a
the more ‘‘simple” categories such as the risk of violence. The tool workplace to seek assistance from a certified occupational health
also sought to make more complex PWE problems like quantitative consultant (cf. Section 4.2).
or emotional demands manageable for inspectors (as well as for
the enterprises) by focusing attention on the specific work taking 2.2. The history, legislation and regulation on PWE
place, e.g. by addressing specific consequences of (high) quantita-
tive demands such as employees reporting problems in keeping The Danish Working Environment Act is a framework Act,
the required level of service when having a heavy workload or very which lays down the general objectives and requirements in rela-
high pace of work. tion to the working environment. Overall, the Act states that ‘‘the
Our paper traces the implementation of the guidance tool for work shall be planned, organised and performed in such a way as to
regulating PWE in the Danish context. The guidance tool has been ensure safety and health” (Arbejdsmiljøloven, paragraph 38, Sec-
developed in, and is to be used in, a particular context. Therefore, tion 1). The frame of the Act is ‘‘filled” out by a series of executive
we begin (in Section 2) by describing the following aspects of the orders on the major aspects of the Act. Relevant to PWE are exec-
Danish context: Actors in the health and safety field, legislation, utive orders on e.g. performance of work and the design of the
and political and cultural background. In Section 3 we present workplace (Danish Working Environment Authority, 2010b)
the theoretical and empirical background for the tool, followed http://synkron.at.dk/sw12160.asp.
by the strategy for implementing the tool in Section 4 (that is, Regulating and inspecting PWE has a fairly long history in
PWE related activities and new ways of inspection). Experience Denmark:
and preliminary results are presented in Section 5 and are dis- In 1974 a major reform to an almost all-encompassing Working
cussed in Section 6. Future challenges are examined in Section 7. Environment Act was passed. It has been amended several times
Links to relevant aspects of the Danish PWE-inspection, an Eng- since, most thoroughly in 2004. Regulating PWE has been on the
lish version of the guidance tool, the legal provisions concerning agenda – more or less – since before the 1974 reform; well being
PWE, inspection flow, etc. are available at (Danish Working Envi- was discussed in a commission report that came out just before
ronment Authority, 2010a) http://synkron.at.dk/sw74437.asp. the reform. And although the Act (or its legally binding ‘‘com-
ments”) specifically exempts well being from legal regulation, the
formulations of the Act concerning health mean that PWE is not
2. PWE in its Danish context
exempted. The fine (some would say elusive) line between well
being and PWE seems to have moved over the years to allow for
Denmark is a European country with a population of about
more legal regulation in the field.
5.5 million people, of whom about 2.3 million people are employ-
In 1994, the Minister of Labour organised a committee – dubbed
ees. There are about 200,000 enterprises with employees. Of these,
the Methods Committee – to clarify the roles of the various actors
there are about 150,000 enterprises with less than 10 employees.
in the field of regulating PWE. The committee had representatives
There is more than a century long tradition for co-operation be-
from unions, employer’s organisations and the Ministry of Labour,
tween public authorities and the social parties (employer’s associ-
including officials from the WEA.
ations and unions) on the public regulation of occupational health
The committee submitted a report (Rapport fra et af arbejds-
and safety, or as what is known in Scandinavia as the working envi-
ministeren nedsat udvalg, 1995) that covered various aspects of
ronment (Koch and Nielsen, 1998). This context can be summa-
the regulation of PWE, including a number of key conclusions:
rised as:
 That PWE problems should primarily be solved by the enter-
2.1. Actors in the field of the working environment prises themselves through co-operation between management
and employees.
The Minister for Employment has the supreme authority in work-  That the organisations in the labour market (unions and
ing environment matters and has the authority to impose the employers associations) have an important role to play in pre-
Working Environment Act (cf. Arbejdsmiljøloven). As an agency venting and solving PWE problems (both points are just reiter-
under the auspices of the Ministry for Employment, the WEA ating the general rules, see Section 2.1 above).
supervises enterprises by drawing up rules and providing informa-  That labour inspection is involved in uncovering the causes of
tion on the working environment. The WEA has the authority to PWE problems, but only intervenes in relation to problems related
penalise enterprises which do not comply with the working envi- to the individual’s work situation (our marking, see below).
ronment legislation.
In the Working Environment Council, the Social Parties influence The report also discussed difficulties in assessing and docu-
the making of new rules and plans for the working environment. menting risk factors. When people experience PWE problems and
M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574 567

these are acknowledged by the WEA, further investigation is re-  Demand (Workload, pace of work). High or low demand is a
quired; and it is recommended that any reaction from the WEA stressor.
should require an ‘‘objective ascertainable cause”.
In its recommendations, the committee divided the risk factors Based on the NRCWE research and the recommendations by the
into two main groups based on their root causes: Methods Committee on regulating PWE the guidance tool primar-
The first group comprised psychosocial factors which are linked ily focuses on demands, influence/control, and social support.
to the working situation of the employees and whose cause must Obviously other factors are relevant for PWE too, but in developing
be sought in working processes or methods, the products used or the guidance tool, the WEA focused on the elements relevant to la-
the psychosocial context in which work is performed. The most bour inspection in the Danish context, i.e. the psychosocial factors
important factors concerning the focus of this paper are the which are linked to the working situation of the employees (the
following: first group above).
The conceptual framework underlying the guidance tool could
 Work related violence. be described as an extended Karasek model (Model 1) (Karasek
 Traumatic experiences. and Theorell, 1990):
 Emotional demands (work with people under certain
conditions).
 Quantitative demands (heavy workload/fast pace of work on a
more than temporary basis).
 Working alone.
 Night and shift work.

The second group encompassed the psychosocial problems


which are a direct result of managerial decisions or the relations
between either management–workforce or between members of
the workforce, as well as factors arising from situations outside
the enterprise. These factors do not arise directly or indirectly from
an employee’s working situation and include wages, salaries and
pensions, promotion, influence on managerial decisions, and job
uncertainty when a company is scaling down as a result of market
conditions.
If the WEA considers that a psychosocial risk factor in an enter-
prise belongs to the first group, it may investigate with a view to
requiring the enterprise to find a solution to the problem. On the
other hand, if the risk factors belong to the second group they
are no longer to be seen as the concern of the WEA. At the same
time, the WEA are empowered to handle bullying and sexual harass- The model highlights the importance of looking both at the spe-
ment at work, irrespective of its causes. cific demands in a given job and which means of control the em-
The report had no formal legal status but, as we shall see soon, ployee has of his/her work conditions – in the model below
still plays an important role in the regulation of PWE in Denmark. translated into the resources made available by the enterprise to as-
Relevant to this paper is its influence on the development and sist the employee in fulfilling the job demands (Model 2).
implementation of the guidance tool, which we turn to next.
The following presents how empirical and theoretical inspira-
tions have been combined to create the ‘‘balance model” underly-
ing the guidance tool.

3. Empirical and theoretical background for the guidance tool

Research from the National Research Centre for the Working


Environment in Denmark (NRCWE) has identified six key elements
of major importance for the PWE (based on COPSOQ, 2003; Kris-
tensen et al., 2005) – in Denmark often referred to as the golden The concept of resources in the guidance tool is a broader con-
nuggets: cept relating to influence/control. It also consists of e.g. support
from collegues and management, practical help, help with prioriti-
 Influence/control over one’s own work and working conditions. sations, clear tasks and expectations, training, and a balance be-
Low influence/control is a stressor. High influence/control is a tween quantity and quality on the one hand and time available
growth factor. on the other hand (see discussion of prevention in Section 6).
 Meaning at work. Low meaning is a stressor. High meaning is a Furthermore, the tool is based on the risk management ap-
growth factor. proach for managing the working environment (Gensby et al.,
 Reward (Wages, career, appreciation/recognition). Low reward 2008a; Leka et al., 2008; Mackay et al., 2004). That is, a focus
relative to the effort is a stressor. High reward relative to the on the organisational rather than individual level, a participatory
effort is a growth factor. approach (which, here, means that the purpose of the tool is to ac-
 Predictability, Relevant information about important plans and cess the ‘‘local knowledge” of the employees and managers; i.e.
changes. Low predictability is a stressor. the guidance tool is designed as questions for employees and
 Social support from managers and colleagues. Low social sup- management), and that the factors being assessed should cover
port is a stressor. High social support is a growth factor. the most important and prevalent PWE risk factors in a given
568 M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574

sector. These considerations lead to the following six risk factors of the guidance tool is available at (Danish Working Environment
being in focus: Authority, 2010b) http://synkron.at.dk/sw74437.asp.
The idea behind the tool is that the prevalence of risk factors
 Quantitative demands (workload, pace of work). influences the necessity for prevention, and the level of prevention
 Emotional demands. has implications for the organizational consequences, which in
 Work related violence. turn has implications for the prevalence of risk factors. Thus, more
 Traumatic experiences. risks require more prevention while alternatively, more demand-
 Night and shift work. ing work can be accepted with higher levels of prevention.
 Bullying and sexual harassment. In order to make the tool suitable for the specific inspection, 24
separate guidance tools have been developed for different jobs or
These risk factors are characterised by being both prevalent in sectors, e.g. industry, care, and office work. There are strong simi-
many sectors and by being within the realms of what the WEA larities in the guidance tools across sectors, but each tool uses the
are entitled to inspect. Using the risk factor approach, the aim of terms and phrases relevant to that specific job or sector. Moreover,
the inspections become to assess if and how a given risk factor is the specific tool only features the most relevant risk factors for that
present in an enterprise and which means the enterprise uses to job or sector. Workload/pace of work and bullying/sexual harassment
assure that the risk factor is either eliminated, reduced or handled are considered relevant for all sectors which means that these risk
to prevent health risks. This way, in the guidance tool, ‘‘demand” is factors are included in all tools. And, for example, in addition to
translated into ‘‘prevalence of risk factor” and ‘‘resources” are these two risk factors, the office-tool also contains the risk factors
translated into ‘‘prevention”. of emotional demands and risk of violence and threats whereas the
The focus of the inspection is to assess whether there is a bal- industrial production-tool contains the risk factors of traumatic
ance between the prevalence of the risk factor and the prevention experiences and night and shift work.
measures taken by the enterprise. In making this assessment, the An evaluation report on the Swedish development of new PWE
inspector can use knowledge about the consequences of problems inspection methods (Frick et al., 2006) emphasizes the need for a
in the psychosocial working environment that can be measured on proper integration of new tools and methods in the existing orga-
an organisational level, e.g. low quality, high turnover and high nisation and activities in order for the development of PWE regula-
sickness absence (Dollard et al., 2007; Roozeboom et al., 2008). tion to have a long-term impact. The success of implementing the
When introducing the risk factor approach and organisational con- guidance tools must be seen in, and can only be measured in, the
sequences the balance model is as follows (Model 3): context of preceding and parallel strategies and activities. We shall
present this context briefly in the following section.

4. PWE related activities and new ways of inspection

4.1. PWE related activities

Since 1995, and more especially since 2007, there has been an
ongoing effort in the WEA to develop PWE related initiatives. The
most important initiatives in this general development could be
summed up in these external and internal activities:

4.1.1. External activities

 A national effort to disseminate information on PWE to raise


awareness and knowledge has been implemented.
 A number of information materials for enterprises have been
published, including a handbook on PWE.
Thus, the PWE risk factors combined with the extended Karasek  Inspection campaigns solely focused on PWE have been carried
model and the risk management approach are translated into the out in several industries with severe problems in this area
guidance tool consisting of three parts: including hospitals, schools and prisons. PWE has also been pri-
oritised in a number of sector focused efforts including home
1. On the left side are questions aiming at assessing the prevalence care, residential institutions, and office work.
of the risk factor.  Since April 2007, the WEA is obligated to inspect the PWE in all
2. On the right side are questions aimed at assessing the measures enterprises in Denmark with employees. (see below).
the enterprises take to prevent that the risk factor becomes a  Since April 2007, the WEA has also assisted enterprises in mak-
health risk. ing action plans when receiving improvement notices concern-
3. At the bottom are questions aimed at assessing organisational ing problems in the PWE (this new offer to the enterprises is
consequences related to the specific risk factor. referred to as ‘‘process guidance”).

On the next page (page xxxx) you find an example of the risk 4.1.2. Internal activities
factor violence and threats, from the ‘‘office” guidance tool. Please
note that in the Danish context, the risk factor of violence and  Skills development projects have been undertaken to improve
threats primarily encompasses aggression from external parties the inspectors’ qualifications in relation to inspecting PWE.
(e.g. clients/customers/citizens) whereas the risk factor of bullying Most importantly:
and sexual harassment encompass aggression inside the workplace s All inspectors have been trained in using the new tool.
(e.g. employee–employee aggression, which in some cases is de- s There have been several courses of training all inspectors in
scribed as horizontal violence; McKenna et al., 2003). A full version assessing and evaluating PWE health and safety risks.
M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574 569

 The job of inspecting PWE has been organised and made sys- s Inspecting complicated PWE problems.
tematic through: s Providing process guidance to enterprises that have received
s Method descriptions and instructions for the inspectors. improvement notices.
s Specific guidelines on methods to use when inspecting PWE.
s Templates are continuously being developed and improved In sum, the package of activities indicates that the guidance
to assist inspectors in writing improvement notices. tools do not stand alone. Rather, a targeted array of activities can
s Best practice examples of improvement notices are made be seen as the WEA’s response to a growing concern for PWE with-
available for all inspectors on the WEA intranet. in the WEA itself, the wider professional working environment
 Special PWE Task forces have been established in each of the community, the public in general – among others demonstrated
four regional organizational units that constitute the out-going by an increased media focus on ‘‘stress victims”, and the parlia-
inspectional part of the WEA. The task forces consist of six to mentary political system. As mentioned in the introduction, PWE
nine inspectors with specific PWE competence. The task forces’ was one of four targeted areas in the working environment prior-
main assignments are: itisation 2005–2010 of the Danish government. Parallel to this pri-
s Assisting other inspectors in assessing PWE problems and in oritisation, the vast majority of the political parties reached a
formulating improvement notices. welfare agreement in 2007. The overall purpose of this agreement
570 M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574

was to sustain welfare in Denmark by ensuring (employees) later the WEA must firstly make their own action plan for solving the
withdrawal from the labour market, and parts of the agreement problem1. This procedure concerning PWE differs from correction
consisted of initiatives concerning working environment. With an notices relating to other working environment problems in allowing
extra appropriation of 70 million Danish kroner (about 13.6 $) the enterprise to demonstrate its ‘‘will and ability” to deal with the
every year in the period of 2007–2010, the welfare agreement pro- problem. If the action plan indicates appropriate and required ‘‘will
moted the initiatives on PWE. In addition to the initiatives pre- and ability” for the enterprise to solve the problem on its own, the
sented above, the welfare agreement facilitated, among others, WEA accepts the action plan and the enterprise can continue imple-
an increase in the numbers of labour inspectors from about 400 menting it. Nonetheless, the WEA procedure is to follow up on the
to 500 during 2007–2008 and henceforth. process and effects of the plan after a period of time. If the action
plan is rejected, the enterprise will receive a consultancy notice with
4.2. Inspection procedures a view to getting help from an authorized health and safety consul-
tant to solve the problem – based on the assumption that more help
Since the 2004 amendment to the Working Environment Act, all is needed in order for the enterprise to solve the problem.
workplaces are to be inspected on a regularly basis every third year Evaluating the action plans often involves considerations with
(the system will be fully operational after 7 years; and workplaces inspection colleagues (e.g. members of the PWE task force) and in-
that have a formal working environment certificate are exempted). volves decisions on several factors and parameters. Among others,
The inspector begins with a ‘‘screening visit”, which can be fol- the specific elements of the plan are included in the evaluation, as
lowed by an ‘‘adapted inspection” if the screening gives the inspec- well as the implementation process and internal aspects of the
tor reason for it. Since 2007, the screening includes PWE as an enterprise, e.g. the size of the enterprise and its potential for
obligatory point on the agenda. This means that by now almost requesting internal or external consultants. The European Frame-
all enterprises are inspected in relation to PWE. work for psychosocial risk management PRIMA-EF (Leka et al.,
If the first screening inspection gives reason for further investi- 2008) suggests that successful interventions in organisations
gation of the PWE, the ‘‘adapted inspection” assessment can in- should include versatility of the intervention strategy, involvement
clude several methods of data collection depending on the risk of the employees as well as management, clear structure for duties,
factor and the information material available at the enterprise. responsibilities, and time-frame, and a systematic and realistic
E.g. the assessment can include data that enterprises provide intervention process that is continuously adapted to the specific
through records of sickness absence and employee turnover, regis- enterprise (see also Holten and Nielsen, 2009). Thus, the WEA eval-
tration of incidents, etc. The WEA can also conduct meetings with uation of the action plan aims to be in line with some of the key
the working environment representatives at the enterprise (repre- recommendations made by the PRIMA-EF.
sentatives of both employees and management, cf. Section 2.1), fo- By adding the ‘‘will and ability” step, regulating PWE can be
cus group interviews or individual interviews with employees, seen as leaning more to the compliance side than the rest of the
interviews with management, and observations of work. The guid- Danish working environment regulation – with reference to the
ance tools are being used in different parts of the inspection, see deterrence–compliance axis discussed in much of the literature
Section 5.1, but especially during interviews with employees and on occupational health and safety regulation (e.g. Ayres and
management. Braithwaite, 1995; Hutter, 1989, 1997). In regulating PWE, it is
The model below presents a brief overview of the Danish found necessary to give the workplaces more leeway because it
inspection flow regarding PWE (Model 4). is considered a more complex matter than other regulated working
environment problems.

Inspection flow concerning


5. Experience and results
PWE
WEA inspection at the enterprise: It is still too early to evaluate the full impact of the new tools
Detect health and safety risk on PWE and strategies. Nonetheless, based on the first years of the imple-
mentation, the following observations can be made:

Improvement notice concerning PWE


5.1. Experience

The guidance tool has been evaluated via a questionnaire which


Enterprise makes action plan to solve
has been completed by about 100 inspectors and via four focus
PWE-problem (+offer from WEA: Process
guidance on how to make action plan) group interviews with altogether 32 inspectors from all four regio-
nal Inspection Centres. The evaluation found that inspectors use
the guidance tool for preparing before starting out on visiting a
WEA evaluates action plan new sector, before visiting an enterprise, for checking during the
inspection (e.g. to make semi-structured group interviews with
employees) and for evaluation after the inspection whether the
Acceptance: Rejection: enterprise has violated the Working Environment Act. Further-
Enterprise can Enterprise is more, inspectors use the tool as a template when writing the
continue on sanctioned to get
solving PWE- help from an
improvement notices.
problem on its authorized working Most inspectors use the tool to support and structure their dia-
own (+ follow up environment logue with the enterprise. They might choose relevant questions or
by WEA) consultant to solve
the problem
themes from the tool during the interview, thereby adapting the

1
Most improvement notices are issued on departmental or organisational level
(covering more employees), depending on the risk, size of enterprise etc., though
Most important in the inspection flow is the fact that enter- notices on bullying or sexual harassment can in some cases be issued on an individual
prises receiving an improvement notice concerning PWE from level.
M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574 571

tool to the specific enterprise. Sometimes inspectors use the guid- that the process is still in progress. It has gone some way towards
ance tool openly during the interview though most inspectors do handling different risk factors but there is still a long way to go.
not – in order to facilitate an ‘‘open” dialogue. A practical observa- Considerable human and economic resources have been in-
tion is that inspectors often perform group interviews on vested in the new strategy since 2007. But due to the tool, the
PWE-matters in pairs – which facilitate a more fluent shift training, the risk factor approach and the initiatives of the overall
between dialogue, ‘‘checking” the guidance tool, and making notes. strategy (PWE task forces, templates, etc.), the WEA’s time con-
Most inspectors emphasize that they find the guidance tool sumption of inspecting the PWE regarding the specific workplace
helpful for investigating and assessing PWE problems. Many has been reduced. The time reduction concerns both the visits
inspectors also reported an increased awareness of, and interest and data collection at the enterprises and the administrative pro-
in, PWE-matters along with increased skills relating to regulating cess of writing the improvement notice, which in many ways could
PWE. At the same time, many inspectors still find PWE more com- be described as a profit for both the WEA and the enterprise.
plex to handle than other working environment issues; this is due And, though preliminary, the tendency seems to be that the
to the subject matter as such and because methods and inspection WEA improvement notices are now better at substantiating how
procedures differ from methods and procedures related to other and why a certain PWE-problem involves a health and safety risk
working environment problems. to the employees.
Regarding the enterpriseś response to the new strategies – Thus, so far the guidance tool and the new strategy (at least for
according to the inspectors – many enterprises find PWE-matters some PWE problems) seem to be a suitable and efficient way of
a delicate subject for inspection although most acknowledge that assessing the health and safety risks concerning work related
psychosocial issues are important aspects of the working environ- stress and violence, thereby allowing the WEA to detect more of
ment and that WEA inspects this area as well as the physical work- the existing problems. Furthermore, since PWE-matters are now
ing environment. an integrated part of the general inspection in all enterprises the
WEA expects that the continued focus on stress prevention and
5.2. Results PWE contributes to and strengthens the enterprise’s own aware-
ness and capacity for stress prevention.
This section presents some preliminary quantitative data, gath- About 60% of enterprises which receive an improvement notice
ered by the WEA, relevant to regulation of PWE. have asked for and received WEA’s process guidance regarding ac-
It is always difficult to measure effects (e.g. Cox et al., 2008; tion plans. When inspectors evaluate the process guidance after
Hansen et al., 2009), and there are several limitations associated the sessions many of these enterprises describe the WEA guidance
with the following presentation of the preliminary results of the as helpful in planning and implementing their action plan. Among
WEA strategy. Introducing the new ‘‘all workplaces are inspected” others, enterprises seem to find guidance on the parameters men-
procedures have been made sector by sector. This means data can- tioned by the PRIMA-EF for successful interventions in organisa-
not be compared over time because, for example, hospitals were tions helpful: E.g. sparring on how to involve employees or
predominantly inspected in one period and auto repair shops in management in the implementation process, and sparring on
another. Moreover, different kinds of additional sector focused ef- how to set up a clear structure for duties, responsibilities, and
forts PWE have taken place during certain periods of time which time-frame (cf. http://prima-ef.org/default.aspx; Holten and
also affects the types and amounts of notices issued. Nielsen, 2009). Though, it is still too early to evaluate whether
With these limitations in mind, there has been a significant in- the improvement of the action plans will result in better manage-
crease in the quantity of improvement notices issued since the new ment of the PWE problems on a long term basis.
strategy was launched in April 2007: In 2006 the total number of For the WEA, the process guidance offers a good opportunity for
notices, sanctions, etc. issued on PWE was 245, in 2007 it was dialogue with the enterprises on their experiences with regard to
673, in 2008 it was 1053, and in 2009 the number was 767. The problems in the working environment and their feedback on WEA’s
drop in 2009 was related to fewer of the additional efforts men- inspection. Also, the process guidance has turned out to be an
tioned above being made, and to the effect of the international important source of knowledge, in general, on the enterprises re-
financial crisis (e.g. in some sectors fewer reports of problems with sources and difficulties with planning and implementing actions
high work load and in some cases employees being less inclined to on PWE problems; which in turn can help the WEA to improve
report PWE problems to WEA inspectors during inspections). the guidance on PWE to other enterprises.
Though, overall there has been an increased tendency for PWE no-
tices to be issued and the first statistics for spring 2010 are in line
with this tendency. Also, improvement notices issued on PWE have 6. Discussion
gradually been spread to a greater variety of sectors during the last
years. In the prevention hierarchy of primary prevention (directed at
The increase in PWE-related notices issued is not just a result of the sources of stress, secondary prevention; directed at making
WEA issuing more notices or sanctions overall. In 2005 improve- people able to cope with stress, and tertiary prevention; directed
ment notices issued regarding PWE amounted to about 2.5% of at helping those suffering from stress related symptoms or dis-
the total number of sanctions, notices, etc. issued on all types of eases), (e.g. Cooper and Cartwright, 1997; LaMontagne et al.,
working environment problems whereas the same figure has in- 2007; Leka et al., 2008) there seems to be a tendency for workplace
creased to about 5% since 2007. initiated interventions to belong to the secondary or tertiary level
The aim of the tool to help WEA inspectors detect both more of prevention (Cooper and Cartwright, 1997). Cooper and Cart-
‘‘simple” risk factors like the risk of violence and more complex wright (1997) suggest the reason for this is, among others, that
problems like emotional demands seems to have been par- individual changes are easier to detect and seem less disturbing
tially accomplished. The increased notices issued cover both the than large organisational changes. Public initiatives, however,
risk factors of violence, traumatic experiences and emotional de- seem to be more focused at the primary level; that is at least the
mands and, to a slightly smaller degree, quantitative demands case when we look at national surveillance systems of psycho-so-
and bullying and sexual harassment. The differences in the in- cial risk factors in the workplace as reviewed by Dollard et al.
crease rates indicate that some PWE problems are less accessible (2007). These systems and the factors they monitor do not in
and harder for inspectors to detect than others, and they reflect themselves constitute prevention, but nevertheless their focus
572 M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574

suggests primary intervention rather than secondary and tertiary deterrence in the literature; see Hutter, 1989). The kind of ‘‘learn-
intervention. ing” the new tools and strategies facilitate at the enterprise is still
The same preference for primary prevention can be seen in the an open question, though, the offer on process guidance aims to
Danish guidance tool. This should not come as a surprise given the improve the enterpriseś ability to prevent PWE problems in the fu-
objective of the Danish Working Environment Act that ‘‘the work ture. Also, the WEA inspections aim at including even more dia-
shall be planned, organised and performed in such a way to ensure logue and guidance to enterprises in the new WEA strategy for
safety and health” (paragraph 38). 2010–2020 (Arbejdstilsynet, 2010).
However, elements of secondary and tertiary prevention also Finally, the guidance tool has to be measured not only on the
underpin the guidance tool. The prevention part of the tool (focus functionality in their daily use, but also in terms of their political
on employees’ training, instruction, planning of the work, etc.) indi- and bureaucratic legitimacy. Regulating an area with a steadily
rectly draws on secondary prevention strategies. The assumption is growing attention from the public, the media, the unions and
that through instruction, training, and involving employees in the employers associations, and the politicians requires good tools.
planning and prioritisation of the work, workplaces can provide And so do the expectations that the WEA performs its duties in
the employees with some suitable coping strategies. Furthermore, accordance with contemporary norms for modern organisations
the risk factors of violence and threats, traumatic experiences, and public agencies: legality, accountability and cost-effectiveness.
and emotional demands link up with tertiary prevention, for exam- Many perspectives are included in the ongoing evaluation, devel-
ple by addressing the enterprisés preventive actions taken shortly opment of, and dialogue on the Danish labour inspection tools.
after an incident as well as follow up on a longer term basis with
a view to rehabilitate the employees with stress related symptoms.
One of the important 2007 innovations in the guidance tool is 7. A short conclusion, perspectives and continuous challenges
that six risk factors are evaluated separately. The old more holistic
approach was that the PWE should be considered in its totality, This paper has told the story of how the guidance tool for PWE
and that all improvement notices should cover all aspects of the has been developed and implemented so far. The active period of
PWE (at least those belonging to ‘the first group’ of problems, the tool has been short but the preliminary results suggests that
namely those linked to the working situation and as such inside the tool and the wider WEA strategies have helped inspectors to
the realm of WEA regulation; cf. Section 2.2). In some cases the detect more of the existing PWE problems in the enterprises;
‘‘old” procedure could lead to notices that were 20–30 pages long resulting in an increased number of improvement notices issued
– and sometimes even longer. The advantage of these long and on PWE-matters. Of course, various human and economic re-
comprehensive notices was that the workplaces in some instances sources have been invested in the new strategy but regarding the
felt ‘‘more thoroughly understood”. On the other hand, many specific enterprise the new strategy has reduced the WEÁs time
workplaces found it difficult to identify which areas were most consumption of inspecting the PWE. And, though preliminary,
important to address in order to comply. Further, the holistic ap- the tendency seems to be that the improvement notices are now
proach was notably much more time-consuming for both the better at substantiating how and why a certain PWE-problem in-
workplace and the WEA. volves a health and safety risk to the employees.
With the new more targeted notices, the advantages and disad- So far it seems that the Danish development that makes PWE a
vantages are reversed: a more focused perspective points out part of the authorities regulation through routine inspections is a
clearer the essence of the most significant health risk to the enter- fairly isolated phenomenon. The study by Dollard et al. (2007) sug-
prise whereas some enterprises express that they could have gests there is a certain commonality in the various surveillance
wished for a more holistic approach. In a wider perspective it is a systems related to the PWE that many countries have imple-
question as to whether the risk factor approach strengthen the mented recently. Similarly, there seems to be a fair amount of con-
enterprises opportunity to handle elements of the PWE or rather sensus when many European countries develop regulation
involves a risk of fragmenting the notion of PWE and leave ‘‘holes strategies that try to stimulate companies to take PWE seriously
between the factors”. For example, whether the WEA covers all rel- through establishing best-practice guidance on the management
evant PWE problems or risk overlooking hazards that fall between of PWE. In particular the British ‘‘Management standards” (Mackay
the factors, for example when more factors have synergetic effects. et al., 2004) can be seen as an example, as at least United Kingdom,
A part of this dilemma is addressed by the fact that an enter- Denmark (Gensby et al., 2008a) and Ireland (Gensby et al., 2008b)
prise can receive more than one improvement notice on PWE or, have been inspired by these standards. The European Framework
two risk factors can be addressed in one notice, if the WEA consid- for psycho-social risk management, PRIMA-EF (Leka and Cox,
ers that the Act is violated on both factors and if there is an inex- 2008) has, despite few references to the particular ‘‘Management
pedient interaction between the two aspects making it important standards”, parallel visions of management systems that integrate
to address both factors at the same time, for example on both high the PWE-issues into a continuous learning circle. Clearly, such
workload/fast pace of work and risk of violence and threats. An- schemes are an instrument in the regulatory toolbox in Denmark
other practical remark relevant for this discussion is that, during too (Holten and Nielsen, 2009) – indeed they are active within
the process guidance, the WEA recommends enterprises to include the WEA’s inspection strategy; but still the Danish way of inspect-
other aspects of the PWE in their action plans if the enterprise ing the PWE regularly and proactively stands out.
should find other risks, initiatives or strategies important in order In Denmark, it is still too early to evaluate the longer-term ef-
to improve the PWE and/or address certain health risks. Though, fects or consequences of the new tool and strategies. But in the
the question of risk factor approach vs. holistic approach and the short run it will be interesting to see the effects and evaluations
inherent dilemmas will be interesting to follow in the future. of, among others, the risk factor approach and the process guidance
In a yet wider perspective, the primary function of the guidance that aims at helping enterprises make better action plans. The eval-
tool is of course to guide the inspector in his or her inspection. But uation of the long term effects is known to be inherently difficult,
inspecting is more than just checking whether the working condi- anyway, as many studies testify (Cox et al., 2008; Hansen et al.,
tions comply with the law or not; it is also a sort of a ‘‘learning sit- 2009; Kristensen, 2001), but the further development will be inter-
uation” where inspectors aim to develop the ability of the esting to observe.
workplace to prevent working environment problems in the future The future, though, still holds various challenges for the WEA’s
(an enforcement style referred to as compliance as opposed to inspections of PWE: even though most enterprises acknowledge
M.B. Rasmussen et al. / Safety Science 49 (2011) 565–574 573

that psychosocial issues are a part of the working environment, it is Arbejdstilsynet, 2005. Fremtidens Arbejdsmiljø, Fagligt grundlag for stillingtagen til
hvilke arbejdsmiljøproblemer og -spørgsmål, der skal være i fokus for den
important that inspectors know how to introduce the subject to
samlede arbejdsmiljøindsats efter 2005 (The Working Environment of the
the enterprises properly and how to explain improvement notices Future, Report Prepared for Deciding on What Working Environment Problems
in a comprehensible way. This can be a challenge to inspectors and Issues that should be the Focus of the Overall Working Environment Effort
with other educational or training backgrounds than psychology. After 2005). <http://www.at.dk/~/media/4F9ACF7096C645AEB2FCE0BB20A05C
F6.ashx> (03.05.10).
Thus, a continuous challenge for the strategy is to continue quali- Arbejdstilsynet, 2010. Fremtidens arbejdsmiljø, Fagligt grundlag for prioritering af
fying all WEA inspectors in the proper use of the tool, including arbejdsmiljøindsatsen (The Working Environment of the Future, Professional
continuing to observe the dynamics between generalist and expert Foundation for the Prioritisation of the Working Environment Effort). <http://
www.at.dk/AT/AT/NYHEDER/Nyheder-pg-pressemeddelelser/Nyheder%202010/
inspectors, and continuously to refine the tool based on further re- Andre%20nyheder%20fra%20forsiden%202010/~/media/451308C83811435180
search and experience from practice. 3A71BBE9C37F99.ashx>.
Furthermore, the tool has been developed to help the inspectors Ayres, I., Braithwaite, J., 1995. Responsive Regulation – Transcending the
Deregulation Debate. Oxford Socio-Legal Studies. Clarendon Press, Oxford.
to detect some of the most common and generally acknowledged Black, J., 2001. Managing Discretion. Paper Presented at the Australian Law Reform
PWE problems. In the future other PWE problems might call for Conference on: Penalties: Policy, Principles and Practice in Government
further development of the guidance tool or the development of Regulation, Sydney. <http://www.lse.ac.uk/collections/law/staff%20publications%
20full%20text/black/alrc%20managing%20discretion.pdf> (03.05.10).
different tools and methods for dealing with complex and changing Cooper, C.L., Cartwright, S., 1997. An intervention strategy for workplace stress.
work arrangements, including boundary-less work (Johnstone and Journal of Psychosomatic Research 43 (1), 7–16.
Quinlan, 2006; Quinlan, 2007; Quinlan and Bohle, 2008; see also Cox, A., O’Regan, S., Denvir, A., Broughton, A., Pearmain, D., Tyers, C., Hillage, J., 2008.
What Works in Delivering Improved Health and Safety Outcomes – A Review of
Walters in this issue).
Existing Evidence. Research Report RR654, Health and Safety Executive,
Another important challenge for inspectors is to be able to make England.
the right evaluations as to whether the enterprise has violated the Copenhagen Psychosocial Questionnaire (COPSOQ), 2003. National Research Centre
law and to write accurate improvement notices. The guidance tool for the Working Environment (NRCWE), Denmark. <http://www.
arbejdsmiljoforskning.dk/upload/english_copsoq_2_ed_2003-pdf.pdf> (03.05.10).
helps the inspectors determine which data to collect and which Dollard, M., Skinner, N., Tuckey, M.R., Bailey, T., 2007. National surveillance of
questions to ask, but gives less guidance on how to evaluate the psychosocial risk factors in the workplace. An international overview. Work and
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European Foundation for the Improvement of Living and Working Conditions, 2007.
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in greater detail that the different elements of the assessment Frick, K., Bruhn, A., Lehto, A., 2006. Metodutveckling, En delrapport i utvärderingen
av utvecklingsprogrammet ARbetsorganisation och NEgativ stress (ARNE)
(prevalence of risk, prevention, and consequences) weigh differ- (Method development, a subreport under the evaluation of the development
ently depending on the risk factor that is being assessed. programme ARNE), AV-rapport 2006:5. Arbetsmiljöverket, Stockholm. <http://
Finally, as we have pointed out in our discussion, other chal- pure.ltu.se/ws/fbspretrieve/814299> (03.05.10).
Gensby, U., Holten, A.L., Nielsen, K., 2008a. Strategier for virksomheders
lenges relate to handling the dilemma between the risk factor ap- forebyggende indsats til forbedring af det psykosociale arbejdsmiljø – et
proach and the complexity and interaction of the whole PWE in a eksempel fra Storbritanien (Strategies on the Preventive Efforts of Enterprises
given enterprise. And, in the Danish case there is a specific chal- Towards Improvement of the Psycho-social Working Environment – An
Example from United Kingdom). Det Nationale Forskningscenter for
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Arbejdsmiljø & Arbejdstilsynet, København.
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of Enterprises Towards Improvement of the Psycho-social Working
Labour inspections are important facilitators of healthy working Environment – Examples from Germany, Ireland and Italy). Nationale
environments, but at the end of the day, changes have to come Forskningscenter for Arbejdsmiljø & Arbejdstilsynet, København.
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arbejdsmiljøområdet – et litteraturreview med særligt focus på psykisk
and strategies to improve PWE do, hopefully, play a role in making arbejdsmiljø – Arbejdsrapport (Inspection, Regulation and Effect at the
many workplaces a better place to work, but they will not do the Working Environment – A Literature Review with Special Attention at
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Holten, A.L., Nielsen, K., 2009. Working Paper – psykkonsortiet (in Danish). Det
and Braithwaite, 1995; Hutter, 1997) the question relates to how Nationale Forskningscenter for Arbejdsmiljø. <http://www.psykkonsortiet.dk/
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<http://synkron.at.dk/sw12160.asp> (An Introduction to Working Environment
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