Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3(2) of the Convention. Periodical review of national laws and regulations. In addition to the new legislation referred to in its comment this year on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee notes the adoption of the revised Asbestos Regulations (No. 362 of 26 April 2005), as last amended on 16 November 2005, and the helpful submission of an English translation thereof, which gives further effect to the Convention. In response to its previous comment, the Committee also notes the reference made to sections 4-4 and 4-5 (previously section 8(1)) of the new Working Environment Act (No. 62 of 2005) (WEA).

Article 3(3) and (4). Permitted derogations from the preventive and protective measures. The Committee notes that, as under previous legislation, section 5 entitles the Norwegian Labour Inspection Authority to grant dispensation from the Asbestos Regulations (No. 362 of 26 April 2005). The Committee requests the Government to provide information on permitted derogations and on consultations in this respect with the most representative organizations of employers and workers concerned.

Article 21(4). Provision of other means of maintaining income. With reference to its previous comments and the information provided in the Government’s most recent report, the Committee notes that the matters covered by this Article would now be covered by section 4-6(1) of the WEA which provides that if an employee suffers reduced working capacity for work as a result of an accident, sickness, fatigue or the like, the employer shall, as far as possible, implement the necessary measures to enable the employee to retain or be given suitable work, and the employee shall preferably be given the opportunity to continue their normal work, possibly after adaptation to the work or working hours, alteration of equipment, rehabilitation or the like. With reference to the terms of this Article, the Committee requests the Government to indicate in its next report the efforts made, in practice, to ensure that workers, whose continued assignment to work involving exposure to asbestos is found to be medically inadvisable, are provided with other means for maintaining their income.

Part V of the report form. Application in practice and statistical information. The Committee notes the information that the number of occupational injuries due to exposure to asbestos have been reduced from 167 in 2007, to 115 in 2008 and 25 in 2009. The Committee notes with interest that the number of occupational injuries appears to have decreased drastically over the past ten years (from 392 to 25 cases). The Committee also notes that the number of notices of violations of the regulations has decreased from 25 in 2007 to three in 2009. With reference to its previous comments, the Committee requests the Government to indicate the possible causes for this decrease; whether the figures provided are reliable; and to continue to provide similar statistical information on the application in practice of the relevant provisions with its next report.