Lately, there has been a lot of attention on workplace crimes and the potential employer liability in the event of an employee's death. Below is a general overview of what is meant by workplace crimes, as well as a summary of the employer's responsibility for risks in the work environment. According to the Penal Code, workplace crimes are defined as actions where someone, intentionally or negligently, fails to comply with the provisions of the Work Environment Act or the regulations of the Swedish Work Environment Authority.
It is the employer who is responsible for the work environment. According to AFS 2001:1 on systematic work environment work, the employer should distribute work environment tasks in the organization in such a way that supervisors, employees, or managers are assigned the task of promoting a good work environment and working to prevent risks in the work.
The employer is also obligated to ensure that those assigned these tasks have sufficient competence to conduct systematic work environment work that is functional.
According to the Work Environment Act and AFS 2001:1, an employer is required to regularly investigate working conditions. The employer is also obligated to assess the risks of someone suffering from ill health or accidents at work. Such a risk assessment should be documented in writing and indicate the severity of the risks. An employer is also obligated to implement the necessary measures to prevent ill health and accidents at work, as well as take any other necessary measures to achieve a satisfactory work environment.
If an employee suffers from ill health or an accident at work, and a serious incident occurs in the work, the employer is obligated to investigate the causes of this. The employer is also obligated to take measures to counteract conditions in the work environment that can lead to abusive treatment and is responsible for ensuring that there are procedures for handling abusive treatment according to AFS 2015:4.
An employment contract is formally entered into when two parties agree on employment. This agreement is of an individual nature as only the parties directly involved can decide on its conclusion. The general rule is that an employment contract is valid until further notice unless otherwise agreed upon.
As stated at the outset, it is the employer who is responsible for the work environment. In order for an employer to be held responsible for deaths resulting from negligence in work environment offenses, there must be a causal connection between negligence and the death. According to NJA 2007 p. 369, the requirement of causal connection means that it is likely that the effect would have been different with an alternative non-negligent action. The specific circumstances and alternative course of actions must be assessed in each individual case.
Whether the employer can be held responsible for work environment offenses leading to a death depends, in summary, on the circumstances in each individual case and the alternative actions available to the employer. It also depends on the causal connection that can be established.
It is clear that the employer has extensive work environment responsibilities and should give great importance to their work environment legal responsibilities, which encompass the work environment of all those involved. Risks should be assessed continuously, both before and after any investigation. If risks are identified, measures should be taken.
