Arbetsmiljöbrott : En rättsvetenskaplig studie om arbetsmiljöbrott som gemondrivandefunktion för organisatoriskt och socialt arbetsmiljöansvar

Sammanfattning: The mental ill-health is a growing social problem and the cause to a third of the sick leaves. Organizational and social motives is the primary reason to occupational disease among women. Notwithstanding, work environment offense due to lacks in organizational and social work environment have never lead to conviction. The aim of the essay is to find an explanation to this matter, by examine the legal framework of work environment offense. To further contextualize the problem, a perspective of equality makes it possible to emphasize the differences of how men and women will be affected by the regulation. The subject is highly current, since binding regulations, AFS 2015:4, has been imposed since shortly one year ago. Therefore, an analysis of the value of this regulation in future prosecution has been done. The method of jurisprudence has been used to fulfil the aim of the essay. The results of the essay indicates that the review of work environment offense due to lacks in organizational and social work environment mainly causes problems when finding adequate causality. The primary reasons to this is related to the nature of stress and the legality principle. Stress can hardly be related to a separate variable, which makes it hard to prove it is strictly work related. This reason also makes it hard to legislate regulations that live up to the principle of legal certainly. In my power of judge, despite clearer regulation in AFS 2015:4, reviews of work environment offense will continue being problematic. The perspective of equality clearly shows that problems reviewing work environment offense due to lacks in organizational and social work environment to a great extent affects women in a negative matter.