Contrary to Administrative Penal Act, the responsible person under justice criminal law can be charged with easily and without informal agreement
-The employer delegates responsibilities to the head of department, who is in charge of complying with regulations.
The laboratory head is liable if the staff does not wear protective clothing, for instance!
"Ingerenzprinzip":
Who creates a danger source, has to provide protection devices!

Text:

Special cases of responsibility

§ 9.

(1)  Responsibility under penal law for the compliance with the provisions of the administrative law by legal persons, partnerships and sole proprietorships under commercial law or registered business partnerships under commercial law shall rest, unless provided for otherwise by provisions of administrative law or unless special responsible representatives.

(2)  The persons appointed regular representatives have the right and, to the extent it is necessary to ensure responsibility under the penal law, the obligation, to appoint, upon request by the authority, from among them one or several persons to be special responsible representatives to ensure compliance with the provisions of the administrative law for the whole company or for certain premises or departments of the company. Also other persons may be appointed special responsible representatives for certain premises or departments of the company.

(3)  A natural person owning a company consisting of several premises or departments may appoint special responsible representatives for certain premises or departments of his company.
 
(4)  Only such person can be appointed special responsible representative who has his main residence in this country, who can be prosecuted under the penal law, whose agreement to his appointment is evidenced and who has been given authority to act for a clearly defined field of responsibility. The requirement of the main residence in this country does not apply to nationals of EWR (European Economic Area) member states in case service of notifications in matters of administrative penal proceedings is ensured in the member state where the responsible representative has his residence by a treaty or in a different manner. 

(5)  In case the responsible representative violates a provision of the administrative law upon a special instruction by the principal, he carries no liability if he can provide evidence that he could not reasonably be expected to comply with the respective provision of the administrative law.  

(6)  The persons appointed representatives of the company in terms of para 1 as well as persons defined in para 3 remain responsible under the penal law, in spite of having appointed a special responsible representative - irrespective of cases under §7 - if they deliberately did not prevent the offence. 

(7)  Legal persons, partnerships and sole proprietorships under the commercial law and registered business partnerships under commercial law as well as the natural persons stated in para 3 are solely and severally liable for the payment of any fines imposed on persons appointed representatives of the company or on a special responsible representative as well as for any other damages expressed in money and for the cost of legal proceedings.

Law Number 10005770
Document Number NOR40024020