Act relating to the working environment, working hours and employment protection, etc. (Working Environment Act)

Chapter 19. Penal provisions

Section 19-1.Liability of proprietors of undertakings, employers and persons managing undertakings in the employer's stead

(1) Any proprietor of an undertaking, employer or person managing an undertaking in the employer's stead who wilfully or negligently breaches the provisions or orders contained in or issued pursuant to this Act shall be liable to a fine, imprisonment for up to one year or both. Complicity shall be subject to the same penalties, but employees shall nevertheless be liable to punishment pursuant to section 19-2.
(2) In the event of particularly aggravating circumstances, the penalty may be up to five years imprisonment. When determining whether such circumstances exist, particular importance shall be attached to whether the offence involved or could have involved a serious hazard to life or health, and whether it was committed or allowed to continue despite orders or requests from public authorities, decisions adopted by the working environment committee or requests from safety representatives or occupational health services.
(3) In the event of contraventions that involved or could have involved a serious hazard to life or health, any proprietor of an undertaking, employer, or person managing an undertaking in the employer's stead shall be liable to penalty pursuant to this section, unless the person concerned has acted in a fully satisfactory manner according to his duties under this Act.
(4) The provisions of this section shall not apply to the provisions of chapters 8, 12, 13, 15 and 16. The provisions shall not apply to the provisions of chapter 14, except for sections 14-5 to 14-8 and 14-15.

Section 19-2.Liability of employees

(1) An employee who negligently infringes the provisions or orders contained in or issued pursuant to this Act shall be liable to a fine. Contributory negligence shall be subject to the same penalty.
(2) If the infringement is committed wilfully or through gross negligence, the penalty may be a fine, up to three months imprisonment or both.
(3) In the event of particularly aggravating circumstances imprisonment for up to one year may be imposed. When determining whether such circumstances exist, particular importance shall be attached to whether the offence was contrary to special directives relating to work or safety and whether the employee understood or should have understood that the offence could have seriously endangered the life and health of others.
(4) The provisions of this section do not apply in respect of the provisions of Chapter 10 relating to working hours and of Chapters 14 and 15 relating to protection against dismissal.

Section 19-3.Liability for enterprises

Criminal liability for enterprises is regulated in sections 27 and 28 of the Penal Code of 20 May 2005 No 28.

Section 19-4.Liability for obstructing public authorities

Any person who obstructs a public authority in the performance of inspections required pursuant to this Act or who fails to furnish the mandatory assistance or supply information deemed necessary for performing inspections pursuant to this Act shall be liable to a fine unless the offence is subject to the provisions of section 19-1 or to a more severe penalty pursuant to the Penal Code of 20 May 2005 No. 28. Complicity shall not be liable to penalties.

Section 19-5.Public servants

For the purposes of the Penal Code of 20 May 2005 No. 28, any person associated with the Labour Inspection Authority shall be regarded as a public servant.

Section 19-6.Prosecution

Contravention of this Act is subject to public prosecution.

Section 19-7.(Repealed)

0Repealed by the Act of 19 June 2015 No. 65.