9. Appeals

Statutory text:

Section 1
(Repealed, with effect from 1st January 2001, through SFS 2000:764.)

Section 2
The Work Environment Authority’s decision in individual cases in accordance with this law or in accordance with regulation notified with support by the Act may be appealed at the general administrative court.

Leave to appeal is required in the event of appeal to the Administrative Court of Appeal.

Section 3
To safeguard the interest of employees in matters covered by this Act, appeals as per Section 2 may be lodged by the principal safety representative or, in the absence of a principal safety representative, by another safety representative.

If no safety representative is in place, the appropriate association of employees may lodge an appeal insofar as the matter concerns its members’ interests. If the claim concerns a matter other than work on board ship, the organization must previously have returned a statement in the matter.

In order to protect the student’s interests in matters in accordance with this Act, appeals may also be lodged by a student safety representative. Act (2009:870)

Section 4
Concerning Provisions, the Work Environment Authority may refer matters of special importance to the Government before deciding them.

Section 5
A supervisory authority may ordain that its decision shall be complied with immediately.

Comments on Chapter 9:

Right of appeal against decisions
Most of the Work Environment Authority’s decisions can be appealed (Section 2). The appeal provisions have been changed so that decisions by the Work Environment Authority, which are made up to and including 1 July 2008, shall always be appealed to general administrative court. The decision is appealed to the county administrative court within whose judicial circuit the matter is first tried. Depending on at which district (unit) within the Work Environment Authority the decision is made the appeal will therefore be able to take place at ten county administrative courts. Leave for appeal is required in the event of appeal to the Administrative Court of Appeal. Appealed decisions by the Work Environment Authority which are made before 1 July 2008 are also hereafter tried by the Government.

A party in a matter is always entitled to appeal. A senior safety delegate may also lodge an appeal under the Work Environment Act (Section 3). If there is no senior safety delegate, it is the local and regional safety delegates at the worksite who have the right of appeal. If there is no safety delegate at all, a union organisation may appeal if it has previously made a pronouncement in the matter.

If the Work Environment Authority intends to issue a Provision of particular importance, either to the national economy or in some other respect, it may refer the matter to the Government for consideration (Section 4).

Normally a decision will not apply until it has acquired force of law. If, therefore, less than three weeks have passed since the decision was made or if it has been appealed, then in the majority of cases it does not have to be complied with. Sometimes, though, it is important for a decision by the Work Environment Authority to be put into effect immediately, i.e. without waiting to see if it will be contested by appeal. The authority may therefore prescribe that its decision is to be complied with immediately (Section 5). When this happens, a party not wanting the decision to take effect until the appeal has been heard must apply to the Government or court which is to adjudicate the appeal for a stay of execution.