Sanction fees instead of fines
Earlier, several of the stipulations in our provisions carried a penalty. This meant that one could be sentenced to fines if one broke them.
A state inquiry showed that fines are not the most effective way to see that regulations about work environment are followed. The Riksdag made a legislative amendment, which brought about several regulations being combined with a sanction fee instead of a penalty.
Sanction fee and fine – what is the difference?
A sanction fee is a fee, while fines are a penalty one is sentenced to in court. To break a stipulation that carries a fine is seen as a criminal act. Such a work environment case is therefore dealt with by the police and later goes further to the prosecutor and the court.
Fines – for which stipulations?
You can still be sentenced to fines if you give incorrect information, remove a safety device or if you violate your obligation to report accidents and serious incidents to us. Fines as a consequence also remain for certain stipulations about minors.
Our inspectors check that provisions are followed
During inspections, you will find out how our inspectors have perceived the work environment and which shortcomings should be fixed. If some of the shortcomings are that you have not followed a stipulation which carries a sanction fee, the inspector will report this further within the Swedish Work Environment Authority. The case will then be investigated internally.
We make a decision after the inspection
If we decide that you should pay a sanction fee, we send a so-called fee injunction to you. You can approve this within a certain time. Here the fee you should pay is also stated. If you approve the fee injunction we send the matter to the County Administrative Board and it is to them that you later send the payment. You, in other words, may not know immediately during the inspection whether you should pay a sanction fee.
Who can be obliged to pay a sanction fee?
Regulations about sanction fees are often directed towards employers and it is the employer who, in such a case should pay a sanction fee. This can be companies, organisations, municipalities, county councils or the state. Other parties than employers can need to pay a sanction fee, for example to those who hire in manpower.
Manufacturers and importers are examples of actors who could have to pay sanction fees if certain stipulations for products are not followed. In the building area there are some stipulations which mean that whoever has the assignment, such as developers, construction work environment coordinators for planning and projection (Bas-P), and construction work environment coordinators for the execution (Bas-U) could be obliged to pay a fee.
How is the sanction fee decided?
Some fees are so-called fixed fees. It is clear from the paragraph text how much should be paid, and the fixed fee is the same for everyone. In some few cases dealing with products, the fixed sanction fee is combined with a certain per cent of the product’s sales value.
In most cases however, the sanction fee is differentiated, which means that larger employers must pay more than small employers. The amount of the sanction fee is then calculated according to the number employed in the company or organisation. Both employed and hired are counted, irrespective of whether they work fulltime or part time.
We count all who are employed under the same organisation number, not just those who work at the inspected workplace. Employers with 500 or more employed pay the maximum fee irrespective of how many of those are active.
You have the right to have your matter tried in court
The Swedish Work Environment Authority decides whether you should pay a sanction fee. If you do not approve the fee injunction, we can apply for the case to be tried in the Administrative Court. If the Administrative Court decides that the sanction fee should be paid, you have the possibility to appeal their decision to the Administrative Court of Appeal. The Administrative Court of Appeal in such cases makes an assessment as to whether they should give you leave to appeal or not.
Last updated 2015-09-11