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Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Norway

Safety and Health in Construction Convention, 1988 (No. 167) (Ratification: 1991)
Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) (Ratification: 2015)

Other comments on C167

Observation
  1. 2014
Direct Request
  1. 2021
  2. 2018
  3. 2010
  4. 2009
  5. 2006

Other comments on C187

Direct Request
  1. 2021
  2. 2018

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In order to provide a comprehensive view of the issues relating to the application of ratified occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 167 (safety and health in construction) and 187 (promotional framework for OSH) together.
The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO), communicated with the Government’s reports.

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The Committee notes the Government’s first report.
Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that the social partners participate in the Norwegian Tripartite ILO Committee, which undertakes regular assessments of new ratifications of ILO Conventions. The Committee requests the Government to provide further information on the consideration given, in the context of the Norwegian Tripartite ILO Committee, to the ratification of relevant OSH Conventions, including the outcome of these consultations.
Article 3(1). National OSH policy. Considering that Norway has ratified the Occupational Safety and Health Convention, 1981 (No. 155), the Committee refers, as regards the application of Convention of Article 3(1) of Convention No. 187, to the detailed comments adopted in 2014 concerning Convention No. 155, namely as regards Article 4 (national policy), and the application in practice of Convention No. 155.
Article 4(3)(c). Provision of OSH training. The Committee notes that section 3-5(1) of the Working Environment Act provides that employers shall undergo training in health, environment and safety work. In this respect, the Committee notes the observations of the LO stating that while employers are required to undergo training regarding how to ensure satisfactory health, environment and safety at work, there are no regulations in place concerning the content and extent of this training, as opposed to training for safety representatives. The Committee requests the Government to provide information on the application in practice of section 3-5(1) of the Working Environment Act.
Article 4(3)(d). Occupational health services. The Committee notes that section 3-3 of the Working Environment Act provides that the employer is obliged to provide occupational health services approved by the Labour Inspection Authority (LI) for the undertaking when so necessitated by risk factors in the undertaking. The Government indicates that approximately 60 per cent of all Norwegian workers are employed in enterprises that are obligated to provide occupational health services. The Committee also notes the LO’s statement, with respect to occupational health services, regarding the appointment by the Government of an expert committee to consider and assess different OSH models. The LO states that the social partners were not represented on the committee, but were invited to give a presentation on their views. The Committee requests the Government to provide further information regarding the development of occupational health services.
Article 4(3)(f). Mechanism for the collection and analysis of data on occupational injuries and diseases. The Committee notes the Government’s indication that the Norwegian Labour and Welfare Administration (NAV) and Statistics Norway are responsible for the development of statistics on national occupational injuries. In this regard, the LO considers that the authorities’ work on developing a register for recording injuries and diseases supervised by Statistics Norway and the NAV, has taken a very long time. The Committee requests the Government to provide further information regarding the implementation and the impact of the register for recording accidents and diseases, to be supervised by Statistics Norway and the NAV.
Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee notes the Government’s statement that small and medium-sized enterprises account for the greatest part of Norwegian industry, with approximately 80 per cent of companies having fewer than five employees, and that all enterprises are subject to the same regulations. It also notes that the Government has undertaken efforts to fight against work-related crimes, including violations of tax rules in the “black economy”. The Committee requests the Government to continue to provide information in relation to OSH support mechanisms for SMEs and micro-enterprises, and to provide information in this respect in relation to the informal economy.
Article 5. National OSH programme. The Committee notes Report No. 1 (2016–17) on the National Budget, to which the Government refers to in its report. The Committee notes the Government’s reference to the three main OSH goals established therein and its indication that the annual budgetary proposals report on developments with respect to working environment and safety issues in different sectors as well as the broad strategy, goals, and areas of focus of the Government regarding OSH. However, the Committee observes that the Report does not appear to set out specific targets or indicators of progress. It further notes the specific programmes that are in place in the country, including tripartite industry programmes (in cleaning services; restaurants, bars, and nightclubs; and the transport sector), and the agreement on a more inclusive working life (IA Agreement) 2014–18, which provides for tripartite collaboration, and establishes clear targets towards achieving a more inclusive working life. The Government also indicates that it is working on a White Paper on safety on the Norwegian continental shelf, which would give a full review of the state of OSH in the petroleum industry. Taking note of Report No. 1 (2016–17) on the National Budget and other specific programmes referred to in its report, the Committee requests the Government to provide further information on how it ensures that its national OSH programme covers the elements in Articles 5(2)(a)–(e), particularly with respect to the establishment of targets and indicators of progress (Article 5(2)(d)). It also requests information on the manner in which these OSH initiatives are monitored, evaluated and periodically reviewed in consultation with the most representative organizations of employers and workers. It further requests the Government to provide a copy of the White Paper on safety on the Norwegian continental shelf. In addition, the Committee requests information regarding the manner in which the Government ensures that its national programme is widely publicized, in accordance with Article 5(3) of the Convention.

Safety and Health in Construction Convention, 1988 (No. 167)

Article 4 of the Convention. National legislation. The Committee notes the indication by the Government that Regulation No. 608 of 26 June 1998 on the use of work equipment, which the Committee had noted gave effect to Articles 14, 15, 16, 17, 18, 22 and 33, is now covered by the following regulations: Regulation No. 1355 of 6 December 2011 concerning organization, management and employee participation (sections 2-1, 7-1, 8-1, 9-1 and 10-1); Regulation No. 1356 of 6 December 2011 concerning workplaces (sections 2-1, 2-11 and 2-18); and Regulation No. 1357 of 6 December 2011 concerning performance of work (Chapters 10, 12, 17, 18 and 19). The Committee also observes that a number of other pieces of legislation that it had previously noted gave effect to the provisions of the Convention have been repealed by the entry into force of the 2011 Regulations, but the new regulations give effect to those provisions. These include: Regulation No. 794 of 30 June 2005 relating to safety and health and the working environment in mines (giving effect to Article 19); Regulation No. 456 of 26 April 2006 relating to the protection against noise at the workplace (giving effect to Article 28); Regulation No. 911 of 30 June 2003 relating to safety and health for work carried out in environments with risks of explosions (giving effect to Article 27); Regulation No. 1322 of 19 December 1997 relating to the protection against biological factors in the workplace (giving effect to Article 28); Regulation No. 443 of 30 April 2002 relating to the protection against exposure to chemical substances and agents at the workplace (giving effect to Article 28); and Regulation No. 804 of 6 July 2005 relating to the protection against vibration at the workplace (giving effect to Article 28).
Article 15(2). Lifting appliances and gear. The Committee notes the repeal of Regulation No. 608 of 1998, which provided that persons may be raised, lowered or carried by a specially constructed lifting appliance and a manner of communication shall be installed. It notes that section 18-8 of Regulation No. 1357 of 2011 concerning performance of work provides that work equipment that is not designed for lifting persons may be used for that purpose by way of an exception, and that the employee being lifted shall have reliable means of communication and the possibility of being safely evacuated. The Committee requests the Government to provide further information on measures envisaged or taken to ensure that no person shall be raised, lowered or carried by a lifting appliance unless it is constructed, installed and used for that purpose in accordance with national laws and regulations, except in an emergency situation in which serious personal injury or fatality may occur, and for which the lifting appliance can be safely used.
Article 22. Structural frames and formwork. Supervision by a competent person. Adequate precautions to guard against danger. The Committee notes the repeal of Regulation No. 608 of 1998 and Regulation No. 335 of 1989 which provided that structural frames and formwork are designed, constructed and maintained to safely support all loads that may be imposed; that they are only erected under the supervision of a competent person; and that preventive measures to avoid dangerous situations are taken. It notes that section 21-7 of Regulation No. 1357 of 2011 concerning performance of work provides that formwork, temporary supports and shoring shall be designed, dimensioned, installed and maintained so that they are able to withstand the loads to which they may be exposed. The Committee requests the Government to provide information on measures taken or envisaged to ensure that the erection of structural frames and components, formwork, falsework and shoring be carried out only under the supervision of a competent person; and that adequate precautions are taken to guard against danger to workers arising from any temporary state of weakness or instability of a structure, in accordance with Articles 22(1) and 22(2) of the Convention.
Article 24. Demolition. Supervision by a competent person. The Committee notes the repeal, by Regulation No. 1355 of 2011 concerning organization, management and employee participation, of Regulation No. 362 of 26 April 2005 relating to asbestos, which applied particular rules in the context of demolition and repair work involving asbestos. It notes that section 27-9 of Regulation No. 1357 of 2011 concerning performance of work envisages that measures be taken to safeguard the health and safety of employees in places where operational preparations, demolition work or other work is carried out under special operational circumstances that prevent the installation of satisfactory permanent ventilation. The Committee also notes that Chapter 4 of Regulation No. 1357 of 2011 provides for special procedures where work with asbestos is concerned, including obtaining the permission from the LI. The Committee requests the Government to provide information on the measures taken to ensure that, when the demolition of any building or structure might present danger to workers or to the public, the work is planned and undertaken only under the supervision of a competent person, in accordance with Article 24(b) of the Convention.
Article 35. Implementation and application of the Convention in practice. In its previous comments, the Committee requested information on the effective implementation of the Convention, including the protection of the rights and obligations of workers, especially given the indication of the high number of migrant workers in the construction industry. In this regard, the Committee notes the information provided by the Government concerning the campaign of the LI in the construction sector during the period 2014–16, which identified the number of languages spoken at construction sites as a risk, and the indication by the Government that the LI has issued, in cooperation with some of the central workers’ organizations, a guide on how to deal with communication issues on these sites to mitigate this risk. The Committee also notes the observations of the LO stating that research has indicated that 17 per cent of safety representatives identified language difficulties as often resulting in dangerous situations at construction sites. In addition, the Committee notes the reference by the Government to the report of the LI analysing the inspections carried out during the campaign, which shows that most accidents and injuries occur due to a combination of the lack of physical barriers and poor risk assessments. The Government refers to a number of workshops organized by the LI and other organizations as part of the campaign, covering topics such as: temporary constructions, buildings with precast concrete, heavy machinery, logistics at construction sites and lifting appliances, work in tunnels, planning and designing, work in building pits and trenches, and work at height. The Government also notes that the LI has carried out 7,725 inspections during the period 2014–15, out of which 3,332 covered minimum wages and working conditions. Out of those 3,332 inspections, 1,727 resulted in one or more injunctions. The Government further indicates that six fatal accidents were registered in the construction sector in 2014, and 11 in 2015. With regard to its previous comment on the implementation of the new register on occupational injuries, the Committee notes that, in its observations under Conventions Nos 81, 129, and 187, the LO refers to the development of a register for recording injuries and diseases to be supervised by Statistics Norway and the NAV. The Committee requests the Government to continue to provide information on the effective implementation of all aspects of this Convention and its application in practice, including information on any measures taken or envisaged to mitigate the particular risks and difficulties identified in the campaign of the LI, and the impact of such measures on the application of the Convention. The Committee further requests the Government to provide information on the impact in the construction sector of the implementation of the new register on occupational injuries.
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