Norway - 2016

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Summary/citation: The Act shall apply to undertakings that engage employees unless otherwise explicitly provided by the Act.

  Remarks / comments: As a general rule, the Act applies to any undertaking engaging one or more employees. Certain categories of workers are, however, wholly or partly excluded from the provisions in the Act.
  The provisions of the Working Environment Act chapter 10 concerning working time do not apply to employees in senior posts and in particularly independent posts, with the exception of section 10-2, first, second and fourth paragraphs.
  Trade unions entitled to submit recommendations pursuant to the Labour Disputes Act or the Civil Service Disputes Act may, with the exception of section 10-2, first, second and fourth paragraphs, and section 10-11, seventh paragraph, enter into a collective pay agreement that departs from the provisions of chapter 10 concerning working hours.
  

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch.1 Art. 2, Ch. 10 Art. 10-12)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

  • 2.2.1.1 Migrant workers

    Summary/citation: The provisions do not exclude migrant workers from the definition of worker in the Working Environment Act.
    Migrant workers will as a main rule need a residence permit to work in Norway. A residence permit may be granted if the following conditions are met:
    - The applicant is aged 18 or older,
    - The pay and working conditions are not inferior to those prescribed by the current collective agreement or pay scale, or what is normal for the place and occupation concerned,
    - The applicant is subject to a quota fixed by the Ministry or the position cannot be filled by domestic labour or labour from the EEA or EFTA area, and
    - There is a specific offer of employment.
    Skilled workers with special training which as a minimum corresponds to upper secondary school level, have a craft certificate or have a university college or university education or who have special qualifications, may be granted a residence permit if their expertise is deemed to be relevant for the position offered.

    Remarks / comments: The Working Environment Act applies to all work performed in Norway, regardless of the employee’s nationality.

    • Immigration Ordinance (No. 1286 of 2009). (Ch. 6 Section 6-1)

    • Immigration Act (No. 35 of 2008). (Ch. 3 Art. 23)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

  • 2.2.1.2 Domestic workers

    Summary/citation: The coverage of domestic workers depends on whether they are included by the definition of employee in the Working Environment Act. However, it is assumed that most domestic workers are not.
    The Ministry has issued provisions on domestic work, supervision and nursing in the employer’s private home or household. The provisions regulate the requirements to a written contract of employment; working hours and off-duty time; entitlement to leave of absence during pregnancy, birth and adoption; the employer’s and the employee’s duties and termination of the employment relationship.

    Remarks / comments: The provisions regulating domestic work, supervision and nursing in the employer’s private home or household do not apply to incidental domestic work or to employment relationships lasting less than a month.
    Domestic workers are, as a general rule, not entitled to holiday and holiday pay according to the National Holidays Act.

    • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 1 Art. 1-5)

    • Ordinance (No. 716 of 2002) respecting domestic work, superintendance and nursing in employers' private home or household.

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

  • 2.2.1.3 Home workers

    Summary/citation: The Ministry has issued regulations concerning work performed at the employee’s home and the extent to which the Working Environment Act applies to such work. The provisions state that the Act is applicable to work performed at the home of the employee, with certain clarifications and exceptions.

    Remarks / comments: Home workers are covered by the Working Environment Act with the clarifications and exceptions following The Ordinance Respecting Work Executed at the Worker’s Homeplace.
    The most important deviations from the regulations found in the Working Environment Act are:
    - Contract of employment requirements are more extensive
    - The Working Environment Act chapters 2, 3, and 4, except article 3-1, do not apply, regulating the duties of the employer and the employee, working environment measures and requirements regarding the working environment, respectively.
    - Articles 10-4, 10-5, 10-6, 10-10 and 10-11 regulating working time, do not apply.
    To ensure that the employee’s safety, health and welfare is safeguarded, the employer shall take measures to make certain that the working conditions are fully justifiable. The employee shall not be subject to unfortunate physical strains due to the work place, work equipment or the indoor environment.
    These provisions do not apply to incidental home working.

    • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 1 Art. 1-5)

    • Ordinance (No. 715 of 2002) respecting work executed at the workers' homeplace. (Art. 6)

    • Ordinance (No. 715 of 2002) respecting work executed at the workers' homeplace. (Art. 1)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: “The Act shall apply to undertakings that engage employees unless otherwise explicitly provided by the Act. (…) For the purposes of this Act, employee shall mean anyone who performs work in the service of another.”
    As a self-employed person owning a sole proprietorship do not perform work in service of another, he or she is not covered by the Working Environment Act.
    

    Remarks / comments: The Working Environment act does not apply to self-employed persons owning a sole proprietorship. A person employed in a limited company owned by himself is, however, covered by the Working Environment Act.

    • The Norwegian Labour Inspection Authority - Pamphlet

    • The Norwegian Tax Administration

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Agriculture is not excluded from the Working Environment Act, though provisions state that agricultural undertakings that do not employ assistance other than relief assistance in any form shall be exempt from the Act. However, this does not apply to undertakings which are paying employees with funds from relief assistance grants.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 1 Art. 1-4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.2 Construction

  Summary/citation: Construction is not explicitly excluded from the Working Environment Act.
  The Ministry has issued regulations which aims to protect workers against hazards by considering safety, health and working environment at construction sites in connection with planning, projecting and execution of construction work. The provisions state that a plan for safety, health and working environment must be prepared before work is initiated. In addition, one must conduct risk assessment during every step of the process and these are to be implemented into the internal control system.

  Remarks / comments: Construction workers are covered by the Working Environment Act. The special provisions respecting safety, health and working environment at construction sites do also apply to self-employed persons owning a sole-proprietorship.

  • Ordinance concerning safety, health and work environment on work-sites 2009

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Safety and Health in Construction Convention, 1988 (No. 167) Observation 2014
  • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2021
  

• 2.4.3 Services

  Summary/citation: Services are not explicitly excluded from the Working Environment Act.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 2.4.4 Public sector

  Summary/citation: The Working Environment Act articles 14-2, 14-4, 14-9, 15-1, 15-9, 15-11, 15-14, 15-16, 17-1, 17-3, 17-4 and 17-5 do not apply to civil servants, i.e. employees of the Norwegian Civil Service.

  Remarks / comments: The Civil Service Act applies to employees of the Norwegian Civil Service and to senior civil servants where expressly stated. The Act does not apply to ministers or state secretaries.
  The Civil Service Act regulates public announcement of vacancies, appointments, termination of service, disciplinary measures, dismissal and prohibition of gifts in the service for Norwegian civil servants.

  • Regulation on exceptions from the Work Environment Act 2005 (Art. 1)

  • Civil Service Act (No. 3 of 1983).

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Observation 2020
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2009
  

• 2.4.5 Other

  Summary/citation: Special provisions in the Working Environment Chapter 11 apply to children and young people. The chapter regulates working time, breaks and off-duty time for minors under 18 years of age, and prohibits child labour.
  Military aviation is fully exempt from the Working Environment Act and is covered by the Aviation Act.
  

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 11)

  Related CEACR Comments
  • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2021
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: The Ministry has issued two ordinances listing occupational diseases, climate diseases, epidemic diseases and poisonings which are to be considered occupational injuries.
  A disease listed in the provisions are to be approved as an occupational injury if the following conditions are met: The illness is characteristic and in accordance with what can be evoked from the exposure; The duration and severity of the exposure is of such degree that there is a reasonable connection between the exposure and the illness; The symptoms have occurred within reasonable time after the exposure, and; It is not more likely that another disease or exposure has caused the symptoms.
  

  Remarks / comments: The lists are not exhaustive. Other injuries and illnesses are to be considered occupational ones if they are caused by exposure to harmful substances or working processes.

  • Norwegian Labour and Welfare Administration - Occupational injury and illness

  • Ordinance concerning occupational illness 1997

  • Ordinance concerning illness and poisoning 1997

  • National Insurance Act (No. 19 of 1997).

  • Act respecting industrial injury insurance scheme. No. 65 (Art. 11)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: If the disease is approved as an occupational injury, one may be entitled to social security benefits under more favourable rules than usual.
  The person affected by an occupation injury or occupational disease, is entitled to compensation depending on the circumstances surrounding the injury. There are several provisions that regulate according to provisions.

  Remarks / comments: All employers are obliged to take out occupational injury insurance for their employees. Such insurance is taken out with private insurance companies and must provide coverage for work-related injuries, regardless of whether the injury is anybody's fault. Self-employed persons and freelancers must take out voluntary occupational injury insurance.

  • National Insurance Act (No. 19 of 1997). (Art. 13-4)

  • Ordinance concerning illness equal to occupational injury 1960

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The Norwegian Labour Inspection Authority shall supervise compliance with the provisions of and pursuant to the Working Environment Act.
  The authority’s objectives are a healthy working environment for all, safe and secure employment conditions and meaningful work for the individual to help reduce the risk of ill-health and death in working life.
  The authority has administrative, supervisory and informational responsibilities in the area of occupational safety and health. Their main responsibility is to ensure compliance with Norwegian OSH legislation.

  • The Norwegian Labour Inspection Authority - Organisation

  • Letter of Allocation to the National Institute of Occupational Health 2016

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 18-1)

• 3.1.2 Chairperson and composition

  Summary/citation: The Labour Inspection Authority operates under the auspices of the Ministry of Labour and Social Affairs and is organised in a central unit - the Directorate of Labour, seven regional units and sixteen local inspectorates. The agency is chaired by the Director General. The Directorate is responsible for the overall strategy, planning and coordination. The regional units are responsible for guiding and supervising enterprises in their respective geographical areas and in the field of their national disciplines.

  • The Norwegian Labour Inspection Authority - Organisation

  • Norwegian Labour Inspection Authority - Organisation and Contact Information

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: The National Research Institute on Occupational Health is the Norwegian authorities’ main advisor upon work environment and occupational health related issues and shall create, use and convey knowledge concerning work and health. The institute is a sector institute and its research contributes to requested knowledge within the area of work environment and occupational health. The Institute provides scientific and knowledge based support in order to contribute to a knowledge-based public administration.

  • Letter of Allocation to the National Institute of Occupational Health 2016

  • Annual Report of 2015 by The National Institute of Occupational Health

  • National Institute of Occupational Health - About us

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: The National Institute on Occupational Health has an Advisory Council, which shall advise on overall strategy and professional matters concerning research, development, consulting, communication, international activities and surveillance. The Council shall be kept informed of the Institute’s project portfolio and scientific productions.
  The Advisory Council is appointed by and chaired by the Director General. It consists of four members from the labour organisations, four members from employers’ organisations, one member from each of the Norwegian safety authorities, one member from the occupational medicine community, and one member from the Research Council of Norway, the Institute of Public Health, and the Association of Occupational Medicine, respectively.

  • National Institute of Occupational Health - About us

  • The Norwegian Labour Inspection Authority - Structure

• 3.2.3 Source of funding

  Summary / Citation: The National Institute on Occupational Health is approximately 85 % publicly funded by the Department of Labour and Social Affairs through the National Budget.

  Remarks / comments: The main sources of external funding are the Research Council of Norway and the European Union.

  • Annual Report of 2015 by The National Institute of Occupational Health

  • Letter of Allocation to the National Institute of Occupational Health 2016

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Remarks / comments: In the course of proceedings, a committee may call in representatives from ministries, organizations, or private individuals to hearings for the purpose of obtaining information. Organizations and individuals may also request to appear before a committee to present their views. These hearings must be held in public unless otherwise decided.

  The white paper was on hearing 13. February 2012

  Representatives from the following organisations were present:

  KS, NHO, Abelia, Hovedorganisasjonen Virke, Norsk Industri, LO, Fellesforbundet, Handel og Kontor i Norge, Industri Energi, NTL, EL og IT Forbundet, Fellesorganisasjonen FO, Norsk Transportarbeiderforbund, Forbundet for Ledelse og Teknikk, UNIO, YS, Akademikerne, Norsk Sykepleierforbund, NITO, Lederne, Den norske jordmorforening, Norges Bondelag, Juss-Buss, Arbeidsgiverforeningen Spekter.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  Summary / Citation: Pertinent health control shall always be conducted when the employees are exposed to:
  Dangerous chemicals
  Dust from asbestos fibre
  Biological factors
  Noise or Mechanical vibrations
  Ionising radiation
  Artificial optical radiation
  Electromagnetic fields
  Work under water or under pressure
  Gas, dust or other health risks in relation to quarry or mining work

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 13 Art. 1)

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: Appropriate first-aid equipment shall be easily available everywhere the working conditions makes it necessary
  The work place should be equipped with a first-aid room, if the size of the undertaking, the nature of work, or the risk of accidents makes it necessary. The room shall be equipped with necessary first-aid equipment, easily visible instructions and appropriate respiratory and revival- equipment.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 10 )

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 4.8.2 Sanitary installations

  Summary / Citation: The undertaking shall have an appropriate number of toilettes and there shall be separate toilettes for men and women. There shall be hand wash available in connection to the toilettes. Common toilettes are allowed in small undertakings.
  The employer shall ensure that sanitary facilities are to the extent possible and reasonable, be designed and arranged so that employees with disabilities can work at the undertaking.

  • Ordinance (No. 1356 of 2011) concerning the design and facilities of workplaces and work premises (Workplace Ordinance). (Ch. 3 Art. 7)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2021
  

• 4.8.3 Drinking water

  Summary / Citation: Employees shall have access to clean drinking water.

  • Ordinance (No. 1372 of 2012) amending the Ordinance (No. 1356 of 2011) concerning the design and facilities of workplaces and work premises (Workplace Ordinance). (Ch. 3 Art. 7)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2021
  

• 4.8.4 Rest and eating areas

  Summary / Citation: Employees should have access to an eating room, which is sufficiently large for the usual number of people who will use it at once. The eating room should be within reasonable access of the work space and suitably placed.

  Remarks / comments: The eating room shall be appropriately furnished and of a size suitable for the number of people who will use it simultaneously. The eating area should be suitable for socializing between employees in order to facilitate a positive working environment.

  • Ordinance (No. 1372 of 2012) amending the Ordinance (No. 1356 of 2011) concerning the design and facilities of workplaces and work premises (Workplace Ordinance). (Ch. 3 Art. 5)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 3)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: In order to safeguard the employees’ health, environment and safety, the employer shall ensure that systematic health, environment and safety work is performed at all levels of the undertaking.

  The Employer shall plan the work tasks and systematically control the routines for the work environment so that work can be undertaken safely with regards to health.

  If the work tasks may represent a specific risk to life or health, the employer is obliged to have a written work instruction.
  

  Remarks / comments: The employer is responsible for planning and reviewing the routines for OSH work, in order to ensure the safety of the employees.

  • Ordinance (No. 1372 of 2012) amending the Ordinance (No. 1356 of 2011) concerning the design and facilities of workplaces and work premises (Workplace Ordinance). (Ch. 10 art. 1, Ch 11 art. 1)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 1)

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: The employer is obliged to ensure that the undertaking is affiliated to an approved occupational health service if warranted by risk factors in the undertaking.

  All undertakings subject to the Working Environment Act, shall elect a safety representative. Other written arrangements may be made in undertakings with less than 10 employees. How many safety representatives are required depends on the number of employees, the nature of the work, working conditions in general and on whether there are several different departments within the same undertaking.
  The safety representative(s) shall ensure the interest of the employees when it comes to working environment. They shall pay particular attention to that the employees are not exposed to hazardous materials, that there is sufficient protective equipment, that the work in general does not pose a danger and that the employees receive proper instructions.
  

  • Ordinance (No. 210 of 2014) amending the Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 13 Art. 1)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 1, Art. 3)

• 5.1.3 Written risk assessment

  Summary/citation: The person responsible for operations must ensure the introduction and execution of internal control in the undertaking, and that this is done in cooperation with the workers and their representatives.
  As part of the internal control the employer has a duty to identify dangers and problems, assess risks, and draw up appropriate plans and measures to reduce such risks. This must be documented in written form.
  

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act)

  • Ordinance concerning Systematic health, environmental and safety activities in enterprises 1996

• 5.1.4 Safe operating work systems and procedures

  Summary/citation: The employer shall systematically safeguard the employees’ health, environment and safety through the implementation of routines to ensure continuous control of the working environment and to detect, rectify and prevent contraventions of requirements laid down in or pursuant to the Work Environment Act.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 5.1.5 Training and information on risks

  Summary/citation: The employer must ensure that the employees are informed of accident risks and hazards that may be connected with the work. Employees shall receive necessary training, practice and instructions in order to prevent accidents.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 2 a)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 5.1.6 Review or assessment of the results of preventive measures

  Summary/citation: The employer shall conduct systematic supervision and review of the systematic work on health, environment and safety in order to ensure that it functions as intended.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch 3 Art. 1 h)

  Related CEACR Comments
  • Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Direct Request 2010
  

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: The safety representative shall safeguard the interests of employees in matters relating to the working environment. The safety representative shall ensure that the undertaking is arranged and maintained, and that the work is performed in such a manner that the safety, health and welfare of the employees are safeguarded in accordance with the provisions of the Work Environment Act.

  The safety representative shall be consulted during the planning and implementation of measures of significance for the working environment within the representative’s safety area, including establishment, exercise and maintenance of the undertaking’s systematic health, environment and safety work.
  

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  Summary / Citation: The employer has an obligation to provide occupational health services approved by the Labour Inspection Authority for the undertaking when so necessitated by risk factors in the undertaking. The assessment of whether such an obligation exists shall be made as part of the implementation of the systematic health, environment and safety measures.

  Remarks / comments: When the assessment is to be a part of systemic health, environment and safety measures means that the workers are to be a part of the decision process.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 3)

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The Labour Department must approve the occupational health services provided and that the Department may give regulations on the qualifications of the occupational health services.
    In order to be approved, the occupational health service must:
    a) be capable, as a whole, of providing comprehensive preventive assistance to the systematic health, safety and environmental activities.
    b) have a quality assurance system that ensures that the occupational health service assists the employer in a satisfactory manner, and that ensures competence development for the occupational health service personnel;
    c) have an organisation and professional personnel that are capable of providing advice in the following areas of expertise: occupational medicine/occupational health, occupational hygiene, ergonomics, psychosocial and organisational working environment and systematic HSE work;
    d) have professional personnel corresponding to at least three full-time equivalents. Each area of professional expertise (occupational medicine, occupational hygiene, ergonomics and psychosocial-organisational) must be covered by at least 30% of a full-time equivalent.
    e) An occupational health service with professional personnel corresponding to two full-time equivalents may nonetheless be approved in special cases, provided that it is documented that the occupational health service cooperates with one or more relevant professional environments that cover any missing areas of expertise.

    Remarks / comments: The Good OHS process was developed in the period 1998-2000 to help ensure high quality of OHS in Norway. It was established as a broad-based collaboration in which the professional associations of OHS, the social partners, the Directorate of Labor Inspection, the Department of Occupational Medicine at the University of Bergen and the National Institute of Occupational Health (NIOH) participated.

    • National Institute of Occupational Health - Good OSH 2007

    • Labour Inspection Authority - Elaboration of competence areas for approval of OHS

    • Ordinance (No. 1360 of 2011) concerning administrative arrangements on the Working Environment Area (Ordinance on administrative arrangements). (Ch. 2 Art. 2, Ch. 3 Art. 3)

    • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 3, Ch. 13, Ch. 14)

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  Remarks / comments: Arbeidslivs- og pensjonspolitisk råd shall ensure a regular dialogue between the Minister and the organization leaders on key areas and their challenges, in labor and pension policies.

  • Council on Work life and Pension Politics

• 8.1.2 Constitution and chairmanship modalities

  Remarks / comments: The council is led by the minister for Labor and social affairs. The following organizations are included in the council:
  - The Norwegian Confederation of Trade Unions
  - The Confederation of Unions for Professionals
  - The Confederation of Vocational Unions
  - The Federation of Norwegian Professional Associations
  - Confederation of Norwegian Enterprise
  - Norwegian Association of Local and Regional Authorities
  - The Enterprise Federation of Norway
  - The Norwegian Association of Publicly Owned Companies
  - The state personal director, the Ministry of Local Government and Development
  - The Norwegian labor inspection authority
  - The Norwegian Labor and Welfare Administration

  • Council on Work life and Pension Politics

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  Summary / Citation: At undertakings with less than ten employees, the parties may agree in writing upon a different arrangement, which may involve agreeing that the undertaking shall not have a safety representative.
  Undertakings which regularly employ at least 50 employees shall have a working environment committee on which the employer, the employees and the occupational health service are represented. Working environment committees shall also be formed in undertakings with between 20 and 50 employees when so required by any of the parties at the undertaking. Where working conditions so indicate, The Labour Inspection Authority may decide that undertakings with less than 50 employees shall establish a working environment committee.
  The number of safety representatives shall be decided according to the size of the undertaking, the nature of the work and working conditions in general. If the undertaking consists of several separate departments or if employees work shifts, at least one safety representative shall generally be elected for each department or shift team. Each safety area shall be clearly delimited and shall not be larger than that the safety representative can have full control and attend to his duties in a proper manner.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 1 (1), (2), Ch. 7 Art. 1)

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  Summary / Citation: The safety representative shall receive necessary training in order to carry out his/her tasks in a proper manner. The training shall prepare the participants for a number of situations, and how to handle them properly. At least 40 hours of training is mandatory in order to qualify as a safety representative. Less training can be agreed upon if it seems justifiable based on an assessment of the character and the scope of the potential hazards.
  The safety representative shall familiarize him/herself with current safety rules, instructions, orders and recommendations issued by The Labour Inspection Authority or the employer. The senior safety representative shall be elected from among the safety representatives or other persons who hold or have held positions of trust at the undertaking.

  • Ordinance (No. 210 of 2014) amending the Ordinance (No. 1355 of 2011) concerning organization, leadership and participation.

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: The working environment committee or one of their representatives (hereby the safety representative) shall conduct inspections in the workplace to determine the necessary safety and environmental measures that should be taken.

  • Ordinance (No. 210 of 2014) amending the Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 2 Art. 2 (b))

• 8.4.2 Right to access OSH information

  Summary / Citation: The safety representative shall be informed of all occupational diseases, occupational accidents and near accidents in his or her area, of reports and measurements relating to occupational health and of any faults or defects detected.
  If an undertaking does not have a working environment committee, the safety representative shall have access to all reports concerning workplace accidents, sanitation inspections etc. They shall also have access to reports conducted by The Labour Inspection Authority and the police concerning the workplace in question.

  • Ordinance (No. 210 of 2014) amending the Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 2 Art. 2 a, b)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 2 (5))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  Summary / Citation: The Labour Inspection Authority shall supervise compliance with the provisions of and pursuant to this Act. When supervision pursuant to this Act requires special expertise, The Labour Inspection Authority may appoint specialists to conduct controls, inspections, etc. on behalf of The Labour Inspection Authority.

  Remarks / comments: When a safety representative considers it necessary to halt dangerous work the work may be halted until The Labour Inspection Authority has decided whether work may be continued. This way, the safety representative may receive assistance from experts, if The Labour Inspection Authority deems it necessary.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 3, Ch. 18 Art. 1 (1))

• 8.4.5 Right to accompany inspectors

  Summary / Citation: The safety representative shall participate in inspections of the undertaking by The Labour Inspection Authority.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 2 (7))

• 8.4.6 Right to use facilities

  Summary / Citation: The work environment act imposes on the employer to facilitate the safety representatives work, both through time to perform said work, and through covering the costs associated with the work.

  Remarks / comments: Though not explicitly stated the employers duty to facilitate will include a right for the representative to use meeting rooms or other areas if this is necessary for performing the tasks involved.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 5 (1-4))

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: Safety representatives shall be allowed the time necessary to perform their duties in a proper manner. As a general rule these duties shall be performed within normal working hours.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 5 (2))

• 8.4.8 Right to issue remedial notices

  Summary / Citation: As soon as a safety representative learns of circumstances that may result in accidents and health hazards, the safety representative shall immediately notify the employees at the location, and if the safety representative is unable to avert the danger himself, he shall bring the matter to the attention of the employer or the employer’s representative. When so notified, the employer shall give the safety representative a reply. If no action has been taken within a reasonable space of time, the safety representative shall notify the Labour Inspection Authority or the working environment committee.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 2 (4))

• 8.4.9 Right to resolve OSH issues in consultation with employers

  Summary / Citation: In order to safeguard the employees’ health, environment and safety, the employer shall ensure that systematic health, environment and safety work is performed at all levels of the undertaking. This shall be carried out in cooperation with the employees and their elected representatives. (Hereby including the safety representative).

  Remarks / comments: The section presents a list which details measures the employer must take. Several of those measures include cooperating with the employees and their elected representative to resolve and prevent OSH issues.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 3 Art. 1 (2))

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: If a safety representative considers that the life or health of employees is in immediate danger and such danger cannot be averted by other means, work may be halted until The Labour Inspection Authority has decided whether work may be continued. Work may only be halted to the extent the safety representative considers necessary in order to avert danger.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 3 (1))

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  Summary / Citation: The Ministry may provide in regulations that there shall be arrangements regarding regional safety representatives covering several undertakings within a single geographical area. There are currently two fields of work which operate with regional safety representatives; The regional safety representative for construction activities, and The regional safety representative for accommodation establishments, catering businesses, cleaning businesses.
  These regional safety representatives shall oversee that the workplaces in their specific fields have appointed a local safety representative. Until a workplace has appointed its own safety representative, the regional safety representative has the same authority as a local safety representative for the specific workplace.
  The regional safety representatives may partake in any inspections concerning a workplace in their field of work performed by the labour inspection authority.
  

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 5, Ch. 6)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  Summary / Citation: The regional safety representatives have the same right to receive information as a local safety representative. Furthermore, they shall receive all information needed to perform their duties.

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 5, Ch. 6)

• 8.5.3 Right to consult with workers

  Remarks / comments: Although it is not explicitly stated, consulting with workers is a natural part of a safety representatives’ job if they are to fulfill their duties according to section 6-2 of the work environment act. If not being able to consult with workers hinders the safety representative from safeguarding the interests of employees, section 19-1 states that employers who willfully or negligently breaches the provisions or orders contained in or issued pursuant to the Act shall be penalized.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 2, Ch. 19 Art. 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.5.4 Right to advise workers

  Remarks / comments: Although it is not explicitly stated, advising workers is a natural part of a safety representatives’ job if they are to fulfil their duties according to section 6-2 of the work environment act. If not being able to advice workers hinders the safety representative from safeguarding the interests of employees, section 19-1 states that employers who wilfully or negligently breaches the provisions or orders contained in or issued pursuant to the Act shall be penalized.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 6 Art. 2, Ch. 19 Art. 1)

• 8.5.5 Right to initiate enforcement action

  Remarks / comments: Neither the regional nor the local safety representatives have any direct right to initiate enforcement actions. However, section 19-1 states that employers who willfully or negligently breaches the provisions or orders contained in or issued pursuant to the Act shall be penalized. If an employer denies to cooperate with the safety representative, he/she may report them to the Labour Inspection Authority, who then may initiate enforcement actions.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 19 Art. 1, Ch. 18 Art. 10 (1))

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: The employer and the employees shall have an equal number of representatives on the committee. Representatives of the employer and of the employees shall be elected alternately as chairman of the committee.

  Remarks / comments: The senior safety representative shall be one of the employer’s representatives on the committee and shall have voting rights. If the undertaking has several senior safety representatives, they shall elect one joint representative. If there is only one safety representative in the undertaking, he or she shall be a member of the committee. The employees elect the rest of their representatives by majority vote. Only employees of the undertaking can be elected.

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 7 Art. 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: Undertakings which regularly employ at least 50 employees shall have a working environment committee on which the employer, the employees and the occupational health service are represented. Working environment committees shall also be formed in undertakings with between 20 and 50 employees when so required by any of the parties at the undertaking. Where working conditions so indicate, the Labour Inspection Authority may decide that undertakings with less than 50 employees shall establish a working environment committee.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 7 Art. 1)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  Summary / Citation: The working environment committee is a decision-making and advisory body tasked with ensuring that the working environment legislation is implemented in the undertaking.
  The working environment committee shall make efforts to establish a fully satisfactory working environment in the undertaking. The committee shall participate in planning safety and environmental work and shall follow up developments closely in questions relating to the safety, health and welfare of the employees.
  

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 2 Art. 3)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 7 Art. 2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 8.6.4 Keeping record of the work of joint OSH committees

  Summary / Citation: Minutes shall be kept of the meetings of the working environment committee and both majority and minority opinion shall be recorded in the minutes in connections with voting. Each year the working environment committee shall submit a report on its activities to the administrative bodies of the undertaking and to employee organizations.

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 3 Art. 16)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 7 Art. 2)

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  Remarks / comments: Minutes shall be kept of the meetings of the working environment committee and both majority and minority opinion shall be recorded in the minutes in connections with voting. Each year the working environment committee shall submit a report on its activities to the administrative bodies of the undertaking and to employee organizations.

  • Ordinance (No. 1355 of 2011) concerning organization, leadership and participation. (Ch. 3 Art. 16)

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  Summary / Citation: When handling chemicals, the working environment shall be so arranged that employees are protected against accidents, injuries to health and excessive discomfort. Chemicals shall be manufactured, packed, used and stored in such a way that employees are not subjected to health hazards. Chemicals that may involve health hazards shall not be used if they can be replaced by other substances or by another process that is less hazardous for the employees. The undertaking shall have the necessary routines and equipment to prevent or counteract injuries to health due to chemicals. The undertaking shall keep a record of hazardous chemicals. The record shall include information on physical, chemical and hazardous properties, preventive safety measures and first-aid treatment. Containers and packaging for chemicals shall be clearly labelled with the name, composition and a warning in Norwegian.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 5 (1-4))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Chemicals Convention, 1990 (No. 170) Observation 2010
  • Chemicals Convention, 1990 (No. 170) Direct Request 2021
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  Summary / Citation: Any person who manufactures or imports chemicals that will be used or foreseeably may be used in undertakings subject to the Working Environment Act shall obtain information concerning the chemical’s or substance’s composition and properties. The manufacturer shall adopt the necessary measures to prevent accidents and injuries to health or excessive discomfort or inconvenience to the employees. The manufacturer shall notify the adequate agency of the chemical or substance’s name, composition, physical and chemical properties, and whatever supplementary information is required in order to determine how hazardous the substance is. The manufacturer shall ensure proper packaging to prevent accidents and injury to health, label the packaging with the name of the chemical or substance, the name of the manufacturer or importer and a clear warning in Norwegian.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 5 Art. 4 (1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Chemicals Convention, 1990 (No. 170) Observation 2010
  • Chemicals Convention, 1990 (No. 170) Direct Request 2021
  

• 9.2.3 Pesticides

  Summary / Citation: Pesticides are considered chemicals such as the ones regulated in Regulations Concerning the Performance of Work.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 1 Art. 4 (15))

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: “Ionising radiation” is defined as radiation from a radioactive substance, X-rays and particle radiation.

  Remarks / comments: The employer shall ensure that all radiation exposure is kept at the lowest possible level. Furthermore, the Regulations Concerning Intervention Values and Limit Values regulates limit values for ionising regulation. The employer shall ensure that employees who are to work under conditions where radiation may lead to a dose of more than 6 mSv per year or an equivalent dose of more than 3/10 of the dose limits set out in the Regulations Concerning Intervention Values and Limit Values, undergo medical examinations before they are assigned such work, and every third year following.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 1 Art. 4 (24), Ch, 15 Art. 1, Art 4)

  • Ordinance (No. 1358 of 2011) concerning intervention values and limit values for physical and chemical factors in the work environment and infection risk groups for biological factors (Ordinance on intervention values and limit values). (Ch. 4 Art. 1)

  Related CEACR Comments
  • Radiation Protection Convention, 1960 (No. 115) Observation 2005
  • Radiation Protection Convention, 1960 (No. 115) Direct Request 2021
  

• 9.4.2 Vibration and noise

  Summary / Citation: The employer shall monitor and document the extent to which the employees are exposed to noise and vibrations and assess any risks to their health and safety that such exposure might entail.

  Remarks / comments: The employer shall implement necessary measures on the basis of the health and safety risks identified in the risk assessment.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 14 Art. 1, Art. 5)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2021
  • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2014
  

• 9.4.3 Working at height

  Summary / Citation: Work that requires use of scaffolds, ladders, roof bridges etc. shall be planned so that the equipment is erected and used in accordance with the relevant safety regulations on work safety.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 17 Art. 1)

• 9.4.4 Working in confined spaces

  Summary / Citation: Confined manholes, tunnels, pump stations and similar must have ventilation to ensure a supply of fresh air to all places where work is carried out.

  • Ordinance (No. 1356 of 2011) concerning the design and facilities of workplaces and work premises (Workplace Ordinance). (Ch. 7 Art. 1)

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Remarks / comments: Though not explicitly regulated, this will be subsumed under general requirements regarding the work environment.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 1)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2021
  

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: The Regulations Concerning the Performance of Work chapter 5 applies to work that can be harmful due to heat. “Hot work” is defined as “work where heat is used, such as open flames, hot surfaces or ignition sparks. Hot work also includes work operations such as welding, soldering, torch cutting and metal grinding etc. that can also give rise to hazardous gases.”
  In connection with the planning and execution of hot work, and the procurement of equipment, the employer shall assess the risk associated with all types of exposure that can harm the health of employees.
  

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 1 Art. 4 (48), Ch. 5 Art. 1)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2021
  

• 9.4.7 Fire risks

  Summary / Citation: The workplace must be arranged to prevent the risk of fire and explosion. Adequate fire extinguishing equipment must be easily available in workplaces underground, in port areas, where hot work is carried out and next to machinery where there is a risk of fire or explosion.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work).

  • Ordinance (No. 1356 of 2011) concerning the design and facilities of workplaces and work premises (Workplace Ordinance). (Ch. 4 Art. 3)

  • The Act relating to Protection against Fire, Explosion and Accidents involving Hazardous Substances and on the Fire Service’s Rescue Mission (No. 20 of 14 June 2002) 2002 (Ch. 2)

• 9.4.8 Tobacco

  Summary / Citation: In areas and transport where the public has access the air shall be free of tobacco smoke. The same applies to meeting rooms, work- and serving places. Areas of entry to health institutions and public undertakings shall also be free of tobacco smoke.

  • Act relating to Prevention of the Harmful Effects of Tobacco (No. 65 of 14 September 1973) (Ch. 5 Art. 25)

• 9.4.9 Asbestos

  Summary / Citation: The definition of “asbestos” is the fibrous, crystalline silicate minerals chrysotile (white asbestos), crocidolite (blue asbestos), amosite (brown asbestos), anthophylite, asbestos, tremolite asbestos and actinolite asbestos. Use and other handling of asbestos and asbestos-containing materials is prohibited, with some exceptions regulated in the Regulations Concerning the Performance of Work chapter 4.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 1 Art. 4 (4), Ch. 4 Art. 1)

  Related CEACR Comments
  • Asbestos Convention, 1986 (No. 162) Direct Request 2021
  

• 9.4.10 Risks related to nanotechnology

  Remarks / comments: Nanotechnology will for most cases be subsumed under regulations concerning chemicals.

• 9.4.11 Contraction of HIV in the workplace

  Summary / Citation: Chapter 6 of the Regulations Concerning the Performance of Work contains specific regulations concerning exposure to biological hazards. For every activity, the employer shall assess the risk of employees being exposed to biological agents. If the activity involves a risk to the employees’ health and safety, the exposure shall be mapped and consideration shall be given to how the exposure occurs.

  Remarks / comments: HIV is as a group 3 biological agent covered by these regulations.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 6 Art. 1)

  • Ordinance (No. 1358 of 2011) concerning intervention values and limit values for physical and chemical factors in the work environment and infection risk groups for biological factors (Ordinance on intervention values and limit values). (Appendix 2)

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: The work environment shall be arranged to preserve the employees’ integrity and dignity. Efforts shall be made to arrange the work to enable contact and communication with other employees of the undertaking. Employees shall not be subjected to harassment or other improper conduct.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 3 (1-3))

• 9.5.2 Occupational violence

  Summary / Citation: Employees shall, as far as possible, be protected against violence, threats and undesirable strain as a result of contact with other persons.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 3 (4))

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: The purpose of the Regulations Concerning the Performance of Work is to ensure that work is executed and work equipment is used in a safe manner, so that employees are protected against harm to life and health.

  Remarks / comments: The definition of “work equipment” is technical installations etc. such as machinery, lifting equipment, safety components, containers, means of transport, appliances, installations, tools and any other object used in connection with the production of a product or the performance of work.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 1 Art. 1, Art. 4 (2))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2002
  

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: Before machineries are put on the market, the producer or his representative shall ensure that the machineries comply with the regulations concerning damage to life and health in appendix I to the Regulations on Machineries.

  • Ordinance concerning Machineries 2009 (Ch. 2 Art. 5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2002
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Before the manufacturer or his authorized representative places a machine on the market, he shall ensure that the relevant technical documentation and necessary user information and manual is made available, and affix CE marking.

  • Ordinance concerning Machineries 2009 (Ch. 2 Art. 8)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2002
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  Summary / Citation: Machineries shall not be put into use if they do not comply with the Regulations on Machineries or poses a danger to persons, property or animals.

  • Ordinance concerning Machineries 2009 (Ch. 2 Art. 6)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2002
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: Work equipment and installations in use shall be subject to regular inspection and maintenance to ensure that only work equipment that meets the regulatory requirements for the work equipment in question is used.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 10 Art. 5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

  • 9.7.5.1 List of equipment where applicable

    Summary / Citation: Applicable to all work equipment.

    • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 1 Art. 1, Art. 4 (2))

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: The employer shall ensure that an assessment is carried out whether any exposures in the working environment are associated with a risk of reproductive harm to employees. Pregnant and lactating employees must not under any circumstances be assigned work if the risk assessment shows that the work entails a risk of reproductive harm.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 7 Art. 1, Art. 3)

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2019
  

• 9.8.2 Protection of lactating women at work

  Summary / Citation: The employer shall ensure that an assessment is carried out whether any exposures in the working environment are associated with a risk of reproductive harm to employees. Pregnant and lactating employees must not under any circumstances be assigned work if the risk assessment shows that the work entails a risk of reproductive harm.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 7 Art. 1, Art. 3)

  Related CEACR Comments
  • Maternity Protection Convention, 2000 (No. 183) Direct Request 2019
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  Summary / Citation: The Ministry may issue regulations concerning restricting permission to employ certain groups of employees who may be particularly vulnerable to accidents or health hazards and concerning relocation of such employees. Female employees of fertile age who are found to have blood lead levels of more than 0.75 µmol/l or between 0.5 and 0.75 µmol/l in three consecutive quarterly examinations shall be relocated to other work until these values have dropped to below 0.5 µmol/l.

  • Ordinance (No. 1357 of 2011) concerning the performance of work, use of work equipment and associated technical requirements (Ordinance on the performance of work). (Ch. 3 Art. 26)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 4 Art. 1 (6))

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Children under 15 years of age or attending compulsory education shall not perform work subject to the Working Environment Act. There are exceptions for cultural work or the like, light work provided the child is 13 years of age or more, work that forms part of their schooling or practical vocational guidance approved by the school authorities provided the child is 14 years of age or more.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 11 Art. 1 (1))

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 1989
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2005
  • Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) Direct Request 2000
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The employer shall ensure that all personal injuries occurring during the performance of work are recorded. The same shall apply to diseases assumed to have been caused by the work or by conditions at the workplace.

  Remarks / comments: The preparatory work (Ot.prp. nr. 3 (1975-76) p. 113) states that that the duty to record personal injuries covers all types of injuries regardless of whether or not they lead to sick leave. Insignificant injuries such as light scrubs are not to be reported.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 5 Art. 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: The employer shall ensure that all personal injuries occurring during the performance of work are recorded. The same shall apply to diseases assumed to have been caused by the work or by conditions at the workplace.

  Remarks / comments: The preparatory work (Ot.prp. nr. 3 (1975-76) p. 113) states that all diseases that is believed to be caused by the working environment or the work itself are to be recorded. The duty to record does not only apply where there is a clear link between the work/working environment and the disease but also in cases where there are indications on causality.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 5 Art. 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: The Labour Inspection Authority shall at all times have free access to any premises subject to the Act.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art.4)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: The Labour Inspection Authority shall supervise compliance with the provisions of and pursuant to this Act. When supervision pursuant to this Act requires special expertise, the Labour Inspection Authority may appoint specialists to conduct controls, inspections, etc. on behalf of the Labour Inspection Authority.

  Remarks / comments: The overall aim of the agency is to ensure a healthy, safe and secure working environment for both workers and employers. The Labour Inspection Authority constantly monitors and encourages the compliance with the mandated rules and regulations in the OHS sphere.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 1)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.2.3 Power to investigate

  Summary / Citation: The Labour Inspection Authority shall supervise compliance with the provisions of and pursuant to this Act.

  The Labour Inspection Authority shall have free access at all times to any premises subject to the Work Environment Act.

  The Labour Inspection Authority must be presented with all the information needed for the performance of an inspection.

  Remarks / comments: Persons who are subject to an inspection pursuant to the Working Environment Act have the duty to provide information notwithstanding the duty of secrecy when so mandated by the Labour Inspection Authority for investigatory purposes. However, the duty to provide information only applies to what deemed is necessary by the inspection authority for the purpose of carrying out its duties.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 1 (1), Ch. 18 Art. 5 (1), Ch. 18 Art. 4 (1))

• 11.2.4 Duty to provide advice on OSH

  Summary / Citation: The administrative agencies have, within their sphere of competence, a general duty to provide guidance. The Norwegian Labour Inspection Authority gives advice concerning the present Act.

  Remarks / comments: The Norweagian Labour Inspection Authority is a governmental agency therefore the Public Administration Act applies to it as under it any central or local government body shall be considered to be an administrative agency. Moreover, its power to do so is clearly stipulated in the Act relating to Holidays.

  • Act relating to holidays (No. 21 of 29 April 1988) 1988 (Ch. 4 Art. 13)

  • Public Administration Act of 10 February 1967 (Ch. 3 Art. 11)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: The Labour Inspection Authority may only issue orders or other individual decision which are seen as necessary for the implementation of the provisions of and pursuant to chapters 2 to 11 and sections 14-1 a, 14-5 to 14-8, 14-9, first paragraph, (f), second sentence and first paragraph, final sentence, 14-12, second paragraph, second sentence, 14-12, third paragraph, 15-2 and 15-15.

  Remarks / comments: Chapters 2-11 are as follows: Duties of employer and employees, Working environment measures, Requirements regarding the working environment, Obligation to record and notify, requirements to manufacturers, etc, Safety representatives, Working environment committees, Information and consultation, Control measures in the undertaking, Working hours, Employment of children and young persons.
  The further mentioned regulations are concerned with:
  Discussions concerning the use of part-time employment
  Requirements regarding a written contract of employment
  Minimum requirements regarding the content of the written contract (1) The
  Employees posted abroad
  Changes in the employment relationship
  Certain regulations concerning the use of Temporary appointment and Hiring of workers from undertakings whose object is to hire out labour (temporary-work agencies).
  Information and consultation in connection with collective redundancies
  Entitlement to References in cases of unlawful dismissal
  

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 6 (1))

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: When ordered pursuant to this Act, a continuous coercive fine may be imposed for each day, week or month that passes after expiry of the time limit set for implementation of the order until the order is implemented. The Norwegian Labour Inspection Authority may impose an administrative fine on an undertaking.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 7, Art. 10 (1))

• 11.3.3 Power to revoke or suspend licenses or authorisations

  Summary / Citation: If orders are not complied with within the time limit, the Labour Inspection Authority may wholly or partly halt the undertaking’s activities until the order has been complied with.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 8)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: In the event of immediate danger, the Labour Inspection Authority may halt those activities that are associated with the dangerous situation even if no order has been issued.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 8)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2010
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2021
  

• 11.3.5 Power to initiate prosecutions

  No data available.
  

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  Summary / Citation: The Labour Inspection Authority may prohibit the manufacture, packaging, use or storage of hazardous chemicals or biological substances in undertakings subject to this Act. It may require that manufacturers or importers of chemicals or biological substances shall conduct inspections or submit samples for inspection in order to determine how hazardous the chemical or substance is.

  The Labour Inspection Authority may prohibit the sale of a chemical or biological substance if a manufacturer or importer fails to observe his duty to report or mark the substance or to provide additional information required pursuant to section 5-4, first paragraph (c). The Labour Inspection Authority may require that a product’s supply or marketing to be discontinued or the product to be recalled when such product may entail danger to life or health.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 18 Art. 6 (3) (4) (5))

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: When a penal provision is contravened by a person who has acted on behalf of an enterprise, the enterprise may be liable to a penalty in the form of a fine. Criminal liability for enterprises is regulated in sections 27 and 28 of the Penal Code of 20 May 2005.

  • Penal Code (No. 28 of 2005). (Ch. 3a Art. 48a)

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 19 Art. 3 )

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: Any proprietor of an undertaking, employer or person managing an undertaking in the employer’s stead who willfully or negligently breaches the provisions or orders contained in or issued pursuant to this Act shall be liable to a fine. An employee who negligently infringes the provisions or orders contained in or issued pursuant to this Act shall be liable to a fine. 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.

  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. If the infringement is committed wilfully or through gross negligence, the penalty may be a fine, up to three months’ imprisonment or both. 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.

  Remarks / comments: 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. The same penalty arises also in the case of contributory negligence. Moreover, when the act is committed willfully or through gross negligence the penalty may still be a fine. However, instead of a fine the possibility of up to three months’ imprisonment could arise. Furthermore, a fine plus up to three months’ imprisonment would also be an alternative.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 19 Art. 1 (1), 2(1), 4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.3 Non-financial sanctions

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.4 Criminal liability

  Summary / Citation: Any proprietor of undertaking or employer who infringes the provisions of the act may be liable to a fine or imprisonment. This also applies to the persons managing undertakings in the employer’s stead and also to employees.

  Remarks / comments: The provisions surrounding the conditions which lead to incurring in criminal liability can be found in the Penal Code of 20 May 2005 which also apply to situations when the Working Environment Act has not been complied to and a as result a person has fallen ill, been injured, exposed to serious danger or even died as a result.
  In regards to legal persons, many of the sanctions imposed as a result of criminal liability are not applicable. They are restricted to monetary fines.
  

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 19 Art. 2, 4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: Any proprietor of an undertaking, employer or person managing an undertaking in the employer’s stead who willfully 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. In the event of particularly aggravating circumstances the penalty may be up to three years’ imprisonment. An employee who negligently, willfully or through gross negligence infringes the provisions or orders contained in or issued pursuant to this Act shall be liable of penalty which may be a fine, up to three months’ imprisonment or both. In the event of particularly aggravating circumstances imprisonment for up to one year may be imposed.

  • Act (No. 62 of 2005) respecting working environment, working hours and employment protection, etc. (Working Environment Act) (Ch. 19)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2014
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2021