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Occupational Cancer Convention, 1974 (No. 139) - Norway (Ratification: 1977)

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Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 120 (hygiene – commerce and offices), 139 (occupational cancer), 155 (OSH), 162 (asbestos), 167 (OSH in construction), 176 (OSH in mining), 170 (chemicals), and 187 (promotional framework for OSH) together.

Application of OSH Conventions in practice. The Committee notes the detailed information provided by the Government on statistics regarding accidents at work and occupational fatalities per type of industry and type of accident, reported to the Norwegian Labour and Welfare Administration (NAV) for the period 2015–19. The Committee notes that the Government provides statistical information regarding fatal and non-fatal work injuries over the past eight years in the construction sector. The Committee also notes the Government’s indication that the Labour Inspection Authority (LI) continues to carry out preventive activities to reduce the exposure to radon in order to fulfil the Government’s Strategy for the reduction of radon exposure in Norway. The Government further indicates that it implemented preventing measures on reducing the exposure to carcinogens for small enterprises through the Norwegian participation in the Healthy Workplace campaign “Healthy Workplaces Manage Dangerous Chemicals” 2018-2019. In addition, the Government indicates that the LI has recently developed a series of e-tools for specific industries to help companies with risk assessments and appropriate measures to eliminate or reduce risk and to help companies with safe handling of chemicals (such as the Risk Helper and the EU-OSHA Dangerous Substances e-tools). The Committee notes that the Government has not provided information, regarding its previous request under Convention No. 170, on the implementation of the Working Environment Guide (WEG), which is an e-tool designed to provide a simple introduction to systematic work on the working environment for employers, safety representatives and employees. The Committee requests the Government to continue to provide available information on the application in practice of ratified OSH Conventions, including on the number, nature and cause of reported occupational accidents and cases of occupational disease. In addition, the Committee requests the Government to indicate whether the WEG is still in use or whether it was replaced by other e-tools. For the application in practice of Convention No. 176, the Committee refers to its comment below.

A. General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

National policy

Article 2(3) of Convention No. 187. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes that, according to information provided by the Government in its report, during the reporting period, the Norwegian Tripartite ILO Committee discussed the possibility of ratifying a variety of OSH Conventions related to the follow-up to the resolution on the ILO Centenary Declaration for the Future of Work. The Committee notes the Government’s indication that there is currently no basis to ratify any further OSH Conventions. The Committee requests the Government to continue to provide information on the periodic consideration given to measures that could be taken to ratify relevant ILO OSH Conventions, and to provide information on the consultations held in this respect.

Article 4 and 7 of Convention No. 155 and Article 3(1) of Convention No. 187. National OSH policy. The Committee noted, in its previous comments, the observations by the Norwegian Confederation of Trade Unions (LO) questioning whether the extensive legislation regulating OSH matters in the country reflected a coherent national OSH policy covering both workplaces under the LI and those under the Petroleum Safety Authority (PSA). In this respect, it noted that the LI had informed the PSA about possible legislative changes regarding occupational safety and health and requested the Government to provide relevant information. In its report, the Government indicates that the legislative OSH framework allows for adaptations and adjustments with regard to specific sectors and industries, including the petroleum sector. With regard to improvements in the coherence of the national OSH policy resulting from the dialogue between the LI and the PSA, the Government indicates that the LI and the PSA manage several common regulations and have worked together for the establishment of a portal, which aims to disseminate information on effective preventive work environment to industries, sectors and companies. The Committee requests the Government to continue to provide information on the dialogue between the LI and PSA aimed to improve coherence of the national OSH policy.

Article 5(c) and Article 14 of Convention No. 155 and Article 4(3)(c) of Convention No. 187. Provision of OSH training. In its previous comments, the Committee noted the observations of the LO stating that, while under section 3-5(1) of the Working Environment Act (WEA) 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 requested the Government to provide information on the application in practice of section 3-5(1) of the WEA. The Government is of the opinion that the OSH training requirements for leaders of undertakings should be more flexible than those applying to safety representatives, and therefore, no specific requirements exist regarding OSH training for the chief executive of the undertaking under section 3-5. The Government indicates that training must be adaptable to the nature of the undertaking and its activities, risk factors and size, as well as each chief executive's personal working situation. However, the Government indicates that guidance is provided by LI, both on the content of the training and the desired acquired knowledge. The Government provides information of the LI’s supervising experience which shows that the content and scope of the training varies greatly depending mainly on the type of establishment. The Committee notes the information provided by the Government, which answers the points previously raised.

National system

Article 4(3)(d) of Convention No. 187. Occupational health services. In its previous comments, the Committee noted the appointment by the Government of an expert committee to assess different OSH models. The Government indicates that the committee delivered its report in 2018, which was presented for a public consultation. The Committee notes that a project group, comprised of relevant professional authorities, and with the social partners’ participation, was subsequently established in December 2019. In November 2020, the group delivered its report with recommendations for legislative changes and other measures aiming towards developing occupational health service. The Committee notes that the report was endorsed by the social partners and the legislative suggestions were sent on a public consultation in June 2021. The Committee requests the Government to provide information on the outcome of the consultations and to continue to provide information on any other efforts undertaken to develop occupational health services.

Article 11(c) of Convention No. 155 and Article 4(3)(f) of Convention No. 187. Mechanism for the collection and analysis of data on occupational injuries and diseases. The Government indicates that with regard to recording of occupational diseases, the LI´s Registry record reports of work-related diseases from medical practitioners. The Committee notes that, although the reporting of work-related diseases is mandatory according to the WEA, less than 5 per cent of physicians in Norway report work-related diseases to the LI. The Government indicates that a digital procedure for the reporting of work-related diseases by physicians has not yet been implemented but refers to other measures taken to increase the reporting of work-related diseases. Regarding the recording of occupational accidents, it indicates that a new registry was established, under the management of the Statistics Norway. According to the information provided by the Government, the NAV, Statistics Norway, the LI, the PSI, the Norwegian Institute of Public Health and the National Institute of Occupational Health in Norway (STAMI) have jointly identified proposals for projects for the development of a common solution for electronic reporting of occupational accidents and diseases, reported in a feasibility study from 2016. Following the study, the authorities are working on implementing the recommendations and are currently working together on a digital public private joint solution programme (DSOP). The Department of Occupational Health Surveillance (NOA) at STAMI also coordinates, systemizes and disseminates knowledge on the working environment and health in the form of a surveillance system primarily targeted on work-related injuries. Referring to its comments under Conventions Nos 81 and 129, the Committee requests the Government to provide further information regarding the progress achieved in the development of an information system regarding diseases and to continue to provide information on the operation of the registry for occupational accidents and available statistics on the matter.

Article 4(3)(h) of Convention No. 187. Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises (SMEs) and the informal economy. The Committee takes due note of the promotional activities, including tools and guidance, aiming at the progressive improvement of OSH conditions in SMEs and in the informal economy. In particular, the Government indicates that the LI, in cooperation with the social partners, has developed a web-based self-risk-assessment tool which is particularly useful for SMEs and micro-enterprises, who often do not have access to internal expertise in risk-evaluations. With regard to OSH conditions in the informal economy, the Government refers to a series of efforts aiming to combat work-related crime. The Committee notes the revised 2021 Strategy to combat criminal activities related to working life, as well as the “Tripartite industry program” that has been created to contribute to decent working conditions in vulnerable industries. The Committee requests the Government to continue to provide information in relation to OSH support to the informal economy.

National OSH Programme

Article 5 of Convention No. 187. National OSH programme. The Government indicates that its main strategy for a safe and proper working life is stated in the Report No. 1 (2020-2021) on the National Budget, which provides that OSH is a key component in the main goals for the labour market as a whole. The Committee notes that four main strategic measures are mentioned in Report No. 1: a) Supervision, guidance and information, b) Development of regulation, c) Development of knowledge, d) Cooperation – tripartite cooperation. The Committee takes note of the White Paper on safety on the Norwegian continental shelf, as well as the White Paper No. 12 (2017-2018) on health, safety and environment in the petroleum industry. The Government indicates that there is a high degree of transparency and close cooperation with relevant stakeholders with respect to the National OSH Programme. The Committee observes that, however, the Government does not provide specific information on how its national OSH programme covers the elements in Articles 5(2)(a)–(e), as previously requested by the Committee. The Committee reiterates its request that the Government provides 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 the Government to provide information on the manner in which its OSH programme is periodically reviewed in consultation with the most representative organizations of employers and workers.

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. In its previous comments, the Committee noted that section 4-6 of the WEA refers to persons with reduced capacity for work “as a result of an accident, sickness, fatigue or the like” and requested the Government to indicate if this provision also applies to situations before an occupational disease has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned work involving exposure to ionizing radiations. The Committee notes the Government’s response indicating that the section does not have an exhaustive list for the situations in which the obligation applies, and must be seen in the context of the employee’s duty to provide information about his capacity for work, but not about his sickness. Therefore, this provision also applies to situations before an occupational disease has been declared. The Committee notes this information and requests the Government to provide information on the application in practice of section 4-6 of the Work Environment Act to workers engaged in work involving exposure to ionizing radiation.

2. Occupational Cancer Convention, 1974 (No. 139)

Article 1(1) of the Convention. In its previous comments, the Committee noted the adoption of a series of regulations, and requested the Government to indicate the specific provisions that give effect to the Convention. The Government indicates that sections 4 and 6 of the Act relating to the control of products and consumer services and sections 1-4 (definitions), 3-19 (prohibition on work with special chemicals), and 4-1 (prohibition on asbestos and asbestos-containing materials) of Regulation No. 1357 (performance of work, use of work equipment and related technical requirements) are relevant to the application of the Convention. It also indicates that sections 5-6 and 5-1 and Annex 1 of the Regulation concerning action and limit values for physical and chemical agents and related technical requirements (prohibition on work with special chemicals), as well as sections 5-4(1)(c) and (e) and 18-6(3)–(5) of the WEA are relevant. The Committee notes that Regulation of 16 June 2012 No. 622 on classification, labelling and packaging of substances and mixtures was recently amended in March 2021. The Committee requests the Government to indicate the provisions of the amended Regulation of 16 June 2012 No. 622 that give effect to the Convention.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the information that the Act relating to prevention of harmful effects of tobacco (9 March 1973 No. 14) has been further amended, and section 12 was repealed and that section 25 now provides that in spaces and transportation with public access, the air must be smoke free and sets several means to ensure compliance with the ban on smoking. The Committee notes that for the period 2014–20, the LI conducted 202 inspections and issued 192 reactions to violations based on the said section of the Act. The Committee requests the Government to continue to provide information on measures taken in accordance with Article 3 of the Convention, and their application in practice.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Government reports several measures taken to address the higher exposure of specific workers to carcinogenic substances or agents and the consequent health risk. It revised the guidance on health examination and physical capacity testing for smoke and chemical divers and established the organization “Firefighters against cancer”. In the period 2016–2018, the LI carried out 338 inspections related to the exposure to fire smoke among firefighters and sweepers and uncovered a series of offences. In addition to checking compliance with relevant requirements in the working environment legislation, the LI provided guidance on necessary measures to reduce the risk of health damage and illness related to harmful exposure to fire smoke. The Government reports that the LI's supervision in cooperation with the organization “Firefighters against Cancer” have led to increased prevention measures. The Government indicates that local authorities have prioritised the improvement of the condition of fire stations, including in relation to cleaning, hygiene, ventilation, and usage of personal protective equipment. The Committee takes note of this information, which addresses its previous request.

Article 5. Medical examinations and biological or other tests during the period of employment and thereafter. The Government refers to a series of risk prevention and risk assessment activities aiming to reduce exposure to dangerous substances, including setting of occupational exposure levels for carcinogenic substances. It also refers to the focus it places on the elevated health risks linked with night work commonly found in health care, manufacturing, transport, retail, and services sectors. In this respect, the Committee notes several initiatives conducted in this respect. The information provided by the Government does not focus on the measures taken to supervise the state of health of workers who have been exposed to carcinogenic substances after the period of employment. The Committee recalls that, given the often significant latency period (between 10 and 40 years between occupational exposure and development of cancer), Article 5 of the Convention provides for such medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Committee requests once again the Government to provide further information on the measures taken or envisaged to supervise the state of health of workers, who have been exposed to carcinogenic substances after the period of employment, in accordance with Article 5 of the Convention.

3. Asbestos Convention, 1986 (No. 162)

Article 3(3) and (4) of the Convention. Permitted derogations from preventive and protective measures. In reply to Committee’s previous request, the Government provides detailed information on the nature of the derogations from preventive and protective measures, their conditions and limits of time for the period 2010–20. It reports that for the years 2016, 2017 and 2020 one derogation from the regulations on asbestos was granted each year, while none was approved in 2018 and 2019. Regarding the Committee’s previous request on information on the precaution taken to protect workers’ health and the consultations held with the most representative organizations of employers and workers concerned, as prescribed by Article 3(3) and (4) of the Convention, the Government indicates that the derogations are only permitted by the LI after an assessment of the work being justified from a safety and health perspective and if not in breach of the EEA Agreement. Representative organizations of employers and workers are not consulted directly but are familiar with the possibility to grant exemption from the Norwegian regulation/practice. The Committee takes note of this information, which address its previous request.

Article 21(5). Notification of occupational diseases caused by asbestos. Application of the Convention in practice and statistical information. The Committee notes that occupational diseases caused by exposure to asbestos remain largely under-reported and that despite their obligation to report cases to the LI, only 4 to 5 per cent of the medical practitioners fulfil their duties. In this respect, the Committee refers to its comments on Convention Nos 81 and 129, where it notes that despite LI’s intention, a digital notification procedure for reporting of work-related diseases has not been implemented yet and took note of measures taken to increase the reporting of work-related diseases. The Committee reiterates its request that the Government takes all the necessary measures to ensure that medical practitioners duly report occupational diseases caused by asbestos, and to provide information on any development in this regard.

4. Chemicals Convention, 1990 (No. 170)

Legislation. The Committee notes the information provided by the Government with regard to the provisions of Regulations No. 1355, 1356, 1357 and 1358 which give effect to the provisions of the Convention.

Articles 3 and 4 of the Convention. Consultations with employers’ and workers’ organizations on national policy related to chemicals. In its previous comments, the Committee had noted that the LI had established a registration, evaluation authorization and restriction of chemicals (REACH) office to stay up to date on REACH areas that concern the working environment in Norway. The Committee requested the Government to provide further information on the mandate and activities of the REACH Office and how employers’ and workers’ organizations are consulted in this process as well as in the periodical review of the national policy related to chemicals. The Government indicates that the LI is the coordinating competent authority concerning the Title IV of REACH European Union regulation on information in the supply chain. The Government also indicates that the LI participates in enforcement activities, for exchange of information on enforcement related to both REACH and on classification, labelling and packing of chemicals (CLP). The Government indicates that consultation with workers’ and employers’ organisations is centralised and is conducted by a representative from the Department for Working Environment and Legislation. Issues pertaining to REACH and CLP are channelled through this representative. The Committee takes notes of this information and requests the Government to provide information on the periodical review of the national policy related to chemicals.

C. Protection in specific branches of activity

1. Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 6 of the Convention. Inspection and enforcement measures. Application in practice. In its previous comments, the Committee noted an increase in orders issued for the period 2010–13 and requested the Government to indicate the causes of this increase, the nature of the cases concerned, and measures taken or envisaged to strengthen the application of the Convention in practice. The Government indicates that the relevant statistical information regarding the commerce and offices sector is not available. The Committee requests the Government to indicate the measures taken or envisaged to ensure that statistical information regarding the commerce and offices sector becomes available. In this regard, the Committee requests the Government to give a general appreciation of the manner in which the Convention is enforced and to provide relevant extracts from the reports of the inspection services concerning the application of the Convention.

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

Article 15(2) of the Convention. Lifting appliances and gear. In reply to its previous comments regarding the measures envisaged or taken in order 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. The Government points out that, according to section 8-18 of the Regulation concerning the performance of work, use of work equipment and related technical requirements, the employer must apply for exemption from the LI in cases where it is appropriate to use unapproved equipment for personal lifting because approved equipment has not been developed or because approved equipment is unsuitable for use, and its use is not of an exceptional nature. The Committee recalls that, according to Article 15 (2), exceptions are authorized in an emergency situation in which serious personal injury or fatality may occur, and for which the lifting appliance can be safely used. The Committee requests the Government to adopt the necessary measures to ensure compliance with this provision of the Convention.

Article 22. Structural frames and formwork. Supervision by a competent person. Adequate precautions to guard against danger. In its previous comment, the Committee requested 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 (2) of the Convention. In its current report, the Government reports a series of additional regulations giving effect to Article 22, including Chapter 6 (Securing of dangerous workplaces and areas) of Regulation No. 1356, point 3.4.3 “Protection in the event of overturning” and point 3.4.4 “Protection in the event of falling objects” of the Regulation No. 544 of 2009 concerning machinery. The Committee notes that it refers also to section 17-24 of Regulation No. 1357, which provides for the requirement of a series of arrangements to ensure the safety of employees in connection with the use of rope and requires that the work shall be carefully supervised so that employees can get immediate assistance in an emergency. The Committee notes that these provisions meet the requirements of Article 22 (2). Furthermore, the Committee notes that only section 17-24 of Regulation No. 1357 provides for works to be carried out under the supervision of a competent person while the other provisions referred to by the Government do not provide for a similar requirement. The Committee requests the Government to provide further information on the measures adopted or envisaged to ensure that work on structural frames and formwork is carried out only under the supervision of a competent person, in accordance with Article 22(1) of the Convention.

Article 24. Demolition. Supervision by a competent person. In its previous comment, the Committee requested 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. In the absence of information on this point, the Committee once again 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. The Committee refers to its comment above on the application in practice of OSH Conventions and to its comments under Conventions Nos 155 and 187.

3. Safety and Health in Mines Convention, 1995 (No. 176)

Application in practice. In its previous comments, the Committee noted that the Government had experienced difficulties in finding statistical information on the total number of workers covered by the Convention and requested the Government to indicate the measures taken or envisaged to ensure that such information becomes available. The Committee notes with interest that the Government provides detailed data on the number of employed persons in the sector of mining and quarrying for the period 2015–19. In this respect, the Committee notes that there were 58,755 persons employed in the sector at the 4th quarter of 2019. The Committee also notes the statistical data in the Government’s report on the number of orders, decisions of halt and coercive fines issued between 2016 and 2020. It notes that there were 17 orders in 2019 leading to 3 decisions of fines and 1 decision of halt and 27 orders in 2020, leading to 7 decisions of fines, none resulting in a decision of halt. The Government also provides detailed statistics on reported accidents at work for the mining and quarrying sector for the period 2015–19. The Committee notes that there were 419 accidents in 2015, 332 in 2016, 349 in 2017, 364 in 2018 and 348 in 2019. The Committee requests the Government to continue to submit information on available statistics.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1(1) of the Convention. The Committee notes the information in the Government’s report according to which Regulation No. 622 on classification, labelling and packaging of substances and mixtures (the CLP Regulation) entered into force on 16 June 2012, and that the Regulation of 16 July 2002 No. 1139 on classification, labelling etc. of hazardous chemicals will be revoked on 1 June 2015. The Committee further notes that some regulations are now covered by the Regulation of 6 December 2011 No. 1355 concerning organization, management and employee participation; the Regulation of 6 December 2011 No. 1356, concerning workplaces; the Regulation of 6 December 2011 No. 1357, concerning performance of work; and the Regulation of 6 December 2011 No. 1358, concerning action levels and absolute limits for physical and chemical factors in the working environment. The Committee requests the Government to indicate the specific provisions of the new regulations which give effect to the Convention, and requests that a translation of these provisions be provided, if possible in one of the working languages of the ILO.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the information that the Act relating to prevention of harmful effects of tobacco (9 March 1973 No. 14) has been further amended, and that as of 1 July 2014, permission to establish smoking premises regulated by section 12(2), has been revoked. The smoking ban has been implemented following the amendment of section 25 of the Act, establishing the general rule that, in public areas and transport, the air shall be smoke free. The ban also applies to meeting rooms, work premises and establishments where food and drinks are served. The Committee notes that between 2009 and 2013, the Norwegian Labour Inspection Authority has sent 182 orders, four decisions of halt and 19 decisions of coercive fines, based on section 12 of this Act. The Committee requests the Government to continue to provide information on measures taken in accordance with Article 3 of the Convention, and their application in practice.

Article 4. Providing workers with information on the dangers involved and the measures to be taken when exposed to carcinogenic substances or agents. The Committee notes the information in the Government’s report that recently published studies on work-related cancers have drawn its attention to the risk firefighters encounter while performing their work, and that firefighters have an increased risk of specific cancers. All types of fire release toxic and carcinogenic substances, but with the increasing use of polymers in building construction and furnishings, there is concern that when these new materials burn, they release large quantities of other highly toxic substances; therefore, attention is being focused on ensuring that firefighters are informed of the hazards associated with their work and that all regulations pertaining to exposure limits are met. The Committee requests the Government to continue to provide information on measures taken or envisaged, in accordance with Article 4 of the Convention, generally and specifically in relation to firefighters.

Article 5. Medical examinations and biological or other tests during the period of employment and thereafter. The Committee notes the information in the Government’s report and the relevant legislation concerning health surveillance of workers during their period of employment. The Committee requests the Government to provide further information on the measures taken or envisaged to supervise the state of health of workers, who have been exposed to carcinogenic substances after the period of employment, in accordance with Article 5 of the Convention.

Application of the Convention in practice. The Committee notes the information provided in the Government’s report regarding exposure to carcinogens at work, related to the Chemical Regulation, Regulation of 6 December 2011 No. 1356, concerning workplaces and Regulation of 6 December 2011 No. 1357, concerning performance of work. Between 2009 and 2013, there were 139 orders, no decisions to stop work and six decisions of coercive fines. It further notes that for the same period, there were a total of 368 cases of workers diagnosed with neoplasms, 11 of whom were women and 357 of whom were men. The Committee requests the Government to continue to provide relevant information regarding the application of the Convention in practice.

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

Article 1(1) of the Convention. As regards recently adopted legislation also of relevance to the application of the present Convention, the Committee refers to its comment this year regarding the application of the Chemicals Convention, 1990 (No. 170). The Committee also notes that under section 7 of Ordinance No. 1139 of 2002, when information is obtained indicating that a substance is carcinogenic, mutagenic or toxic to reproduction, this information must be communicated to the Norwegian Pollution Control Authority (Statens forurensningstilsyn). The Committee requests the Government to continue to provide information on measures taken or envisaged to ensure further application of the Convention in the country.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents; and record keeping. The Committee notes the information that the Act relating to Prevention of Harmful Effects of Tobacco (9 March 1973, No. 14) has been further amended; that the Norwegian Labour Inspection Authority has sent 170 notices (to 162 companies) based on section 6 of this Act since 2004; and that a large majority of these notifications concerned restaurants, cafés, hotels and hostels. The Committee requests the Government to continue to provide information on the application of this legislation and the outcome of the notices issued.

Article 5. Medical examinations and biological or other tests. The Committee notes the information that the regularity of medical examinations performed is determined by each physician. With reference to provisions of the Convention, the Committee requests the Government to provide additional information on how it is ensured that full effect is given to this Article.

Part IV of the report form. Application in practice. The Committee refers to the comments made on this question in the context of the application of the Occupational Safety and Health Convention, 1981 (No. 155), and the Chemicals Convention, 1990 (No. 170).

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the Government’s statement with respect to the Prevention of Harmful Effects of Tobacco Act of 9 March 1973 that it is enforced through ordinary on-site inspections. It notes the Government’s statement that the Labour Inspection Authority finds that the smoking ban imposed by the Act is respected in most places of work, although major problems can be found in the food and drink serving industry. It further notes the Government’s information that the rules governing consent for building alterations of workplaces under section 19 of Act No. 4 of 1977 respecting workers’ protection and work environment will govern no smoking zones, and that as of 1 June 2004 smoking is no longer permitted indoors at establishments serving food and/or drink. The Committee requests the Government to continue to provide information on the implementation of the total ban of smoking in public places, particularly in establishments serving food and/or drink as well as in the nursing and care services sector.

Article 5. Medical examinations and biological or other tests. The Committee notes the Government’s statement that the primary aim of medical examination of employees prior to their employment is to assess an employee’s general state of health through the worker’s medical history and requisite tests in order to establish if there are any medical factors indicating that the employee should not be exposed to carcinogenic substances. It notes that this includes medical conditions such as impaired immune defence or earlier cancer disease liable to pose increased risk, or eczema on hands that is considered to expose the employee to increased risk when handling carcinogenic substances. Having previously noted that medical examinations thereafter shall be carried out at regular intervals, the Committee requests the Government to provide information with its next report on the regularity of these medical examinations.

Part IV of the report form. General appreciation of the practical application of the Convention. The Committee notes the Government’s statement that the Labour Inspection Authority has taken steps to increase the scope and quality of its oversight of chemical health hazards, including carcinogenic substances and agents. It notes in particular that this is to be carried out through training of inspection personnel and that a major campaign is currently being undertaken in four different industries aiming to raise levels of competence and to reduce the likelihood of employees developing solvent-related disorders and skin and respiratory ailments. The Committee requests the Government to provide detailed information with its next report on the results obtained from these measures.

The Committee notes that during the period from 31 May 2001 to 31 May 2004, sanctions were applied 18 times for violation of sections 23–28 of the Chemicals Ordinance concerning carcinogenic or mutagenic chemicals and agents. It notes that during the reporting period the local Labour Inspectorate reported one case to the police concerning one enterprise for violating the Working Environment Act (sections 8(1)(e), 11(1) and (2), 12(4)(b) and 142(b)) in respect of carcinogenic chemicals and that the case currently is under investigation. The Committee asks the Government to provide information with its next report on the outcome of this case and to continue to provide information, disaggregated by sex, if possible, on the practical application of the Convention, particularly through labour inspection.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1, paragraph 1, of the Convention. The Committee notes with interest the amendment by Ordinance No. 415 of 20 March 2003 to Ordinance No. 443 of 30 April 2001 on protection against exposure to chemicals at work (Chemicals Ordinance) widening the rules on carcinogens to include mutagenic substances and the introduction of a limit value for wood dust from hardwoods. It understands that a further amendment was adopted on 25 January 2005 (No. 48) introducing a new Chapter VI A - issuing special rules for work carried out with cement containing chromium IV.

3. The Committee also notes with interest the adoption of Ordinance No. 1139 of 16 July 2002 on classification, labelling, etc. of dangerous chemicals (repealing Ordinance No. 996 of 21 August 1997), particularly Annex VI containing the substances list determining the carcinogenic substances and agents that are classified as carcinogenic and mutagenic in order to harmonize with European Union (EU) rules. It notes the Government’s statement that at the moment Norway is exempted from the EU rules with respect to 12 substances. It notes that the exemption of nine of these substances is due to the fact that the Norwegian classification of cancer-inducing characteristics is stricter. In addition, the EU in April 2004 adapted its rules as regards two of them. The Committee also notes that under section 7 of Ordinance No. 1139 of 2002, when information is obtained that a substance is carcinogenic, mutagenic or toxic to reproduction, this information must be communicated to the Norwegian Pollution Control Authority (Statens forurensningstilsyn).

4. The Committee notes the Government’s statement that the list mentioned above of limit values have the same legal significance as the Ordinance. It notes that the administrative limit values are used to assess the standard of the working environment at enterprises where the atmosphere is contaminated with chemical substances. It notes that these values are set with a basis in technical, financial and medical assessments and when a limit value is overstepped, the employer is required to investigate the cause immediately and to institute immediate preventive and protective measures to improve the situation (section 17 of the Chemicals Ordinance). The Committee notes that administrative limit values were adopted on 6 September 2001 for silicon carbide fibre and that Norway, in May 2004, recommended to the Commission that the EU prepare an occupational exposure limit for silicon carbide fibre. The Committee requests the Government to continue to provide information on measures taken or envisaged to add other substances and agents to this list.

5. Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the Government’s statement with respect to the Prevention of Harmful Effects of Tobacco Act of 9 March 1973 that it is enforced through ordinary on-site inspections. It notes the Government’s statement that the Labour Inspection Authority finds that the smoking ban imposed by the Act is respected in most places of work, although major problems can be found in the food and drink serving industry. It further notes the Government’s information that the rules governing consent for building alterations of workplaces under section 19 of Act No. 4 of 1977 respecting workers’ protection and work environment will govern no smoking zones, and that as of 1 June 2004 smoking is no longer permitted indoors at establishments serving food and/or drink. The Committee requests the Government to continue to provide information on the implementation of the total ban of smoking in public places, particularly in establishments serving food and/or drink as well as in the nursing and care services sector.

6. The Committee notes that employers are obliged to keep records of employees (under section 28 of the Chemicals Ordinance) who, according to a risk assessment, are exposed to carcinogenic or mutagenic chemicals and employees whose work involves lead and lead compounds. It notes that the record must contain the employee’s name, personal identification number, position and place of work along with data on what chemical substances he/she is exposed to, how and in what concentration the exposure occurs, and the time and duration of exposure. The Committee notes that the information shall be retained for at least 60 years after the exposure ceased, that it may not be destroyed without the Labour Inspection Authority’s permission and if the enterprise closes down, the record shall be transferred to the Directorate of Labour Inspection. It further notes that the record shall be available to safety and health personnel, safety delegates, members of the working environment committee and other individuals specifically assigned to promote safety and health at the workplace and the Labour Inspection Authority.

7. Article 5. Medical examinations and biological or other tests. The Committee notes the Government’s statement that the primary aim of medical examination of employees prior to their employment is to assess an employee’s general state of health through the worker’s medical history and requisite tests in order to establish if there are any medical factors indicating that the employee should not be exposed to carcinogenic substances. It notes that this includes medical conditions such as impaired immune defence or earlier cancer disease liable to pose increased risk, or eczema on hands that is considered to expose the employee to increased risk when handling carcinogenic substances. Having previously noted that medical examinations thereafter shall be carried out at regular intervals, the Committee requests the Government to provide information with its next report on the regularity of these medical examinations.

8. Part IV of the report form. General appreciation of the practical application of the Convention. The Committee notes the Government’s statement that the Labour Inspection Authority has taken steps to increase the scope and quality of its oversight of chemical health hazards, including carcinogenic substances and agents. It notes in particular that this is to be carried out through training of inspection personnel and that a major campaign is currently being undertaken in four different industries aiming to raise levels of competence and to reduce the likelihood of employees developing solvent-related disorders and skin and respiratory ailments. The Committee requests the Government to provide detailed information with its next report on the results obtained from these measures.

9. The Committee notes that during the period from 31 May 2001 to 31 May 2004, sanctions were applied 18 times for violation of sections 23-28 of the Chemicals Ordinance concerning carcinogenic or mutagenic chemicals and agents. It notes that during the reporting period the local Labour Inspectorate reported one case to the police concerning one enterprise for violating the Working Environment Act (sections 8(1)(e), 11(1) and (2), 12(4)(b) and 142(b)) in respect of carcinogenic chemicals and that the case currently is under investigation. The Committee asks the Government to provide information with its next report on the outcome of this case and to continue to provide information, disaggregated by sex, if possible, on the practical application of the Convention, particularly through labour inspection.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information supplied by the Government in its report and, in particular, the information concerning the full application of Article 2, paragraph 2, of the Convention through section 6 of the Regulations concerning protection from exposure to chemicals at the workplace, 2001.

The Committee also notes the observations of the Confederation of Norwegian Business and Industry (NHO).

Further to its previous comments, it draws the Government’s attention to the following points.

1. Article 1, paragraph 1, of the Convention. With regard to the determination of carcinogenic substances and agents, the Committee notes that substances are classified as carcinogenic according to the criteria set forth in the Regulations on health hazard labelling of dangerous chemicals of 1 January 1998, and that the substances so classified by the authorities are listed in the above Regulations, that is in its subordinated Regulation on the list of dangerous substances. In this respect, the Committee notes with interest the Government’s indication that both the Regulations on health hazard labelling of dangerous chemicals and its subordinated Regulation on the list of dangerous substances were revised periodically and that they are at present again under revision entailing the classification of more substances as carcinogenic. The Committee further notes that carcinogens and pollutants are listed in the annex to the administrative guidelines for pollutants in the working atmosphere, i.e. occupational exposure limits. In addition, section 27, subsection 1, of the Regulations concerning protection from exposure to chemicals at the workplace of 5 May 2001 enumerates certain chemical substances which are prohibited at work. Pursuant to its subsection 2, exemptions from the prohibition are only to be granted for scientific research and testing, for activities to eliminate by-products or waste products, and for chemicals used as intermediates. Moreover, section 8 of the Regulations on asbestos of 16 August 1991 prohibits the import, production and trade of asbestos and products containing asbestos. In this context, the Committee notes the comments made by the NHO pointing out that the revision of Regulations on health hazard labelling of dangerous chemicals targets the harmonization with European Union rules which entails the exclusion of a number of chemicals from the list of carcinogenic chemicals. However, the harmonization of national law with European Union legislation will generate a list of carcinogenic substances that is updated to the maximum extent at all times. The NHO believes that this harmonization procedure would represent some progress in relation to the application of the Convention, since the current list merely represents a list of examples of carcinogenic substances. With regard to some individual substances such as silicon carbide fibre, the NHO underlines that the scientific community in Norway, in particular the Cancer Register of Norway, has recently contributed its knowledge to classify them as carcinogenic, which, assumingly, has been brought to the attention of the respective European Union bodies in accordance with the EEA Agreement. With reference to the comments provided by the NHO, the Committee requests the Government to explain in more detail the legal character of the list of carcinogenic substances currently in force. It further invites the Government to report on any progress made in relation to the consolidated list once it is adopted.

2. Article 3. The Committee notes with interest that section 28 of the Regulations concerning protection from exposure to chemicals at the workplace obliges the employer to keep a record of workers who are, according to the risk assessment, that is the assessment to identify hazards present at the workplace, exposed to carcinogenic chemicals. The Committee therefore requests the Government to indicate the nature of information that must be recorded by the employer. Moreover, with reference to its previous comments, the Committee again requests the Government to provide information on the practical application with regard to the amendments made by the Act in 1995 to the Prevention of Harmful Effects of Tobacco Act of 9 March 1973 requiring smoke-free air in meeting rooms and work premises where at least two persons are gathered in order to protect workers against the risks related to the exposure to tobacco smoke.

3. Article 5. The Committee notes with interest that sections 29 and 30 of the Regulations concerning protection from exposure to chemicals at the workplace, 2001, provides for medical examination of workers prior to their assignment to work involving exposure to carcinogenic chemicals and at regular intervals thereafter. As to the nature of these examinations, the Government indicates that they must be suitable, meaning that suitable techniques must be available so that the results of the examinations enable the application of preventive measures at the workplace. Therefore, the physician decides on the content and the frequency of the examinations taking into consideration the degree and duration of exposure as well as the worker’s current state of health. In this context, the Committee notes again the Government’s indication that it was considered inappropriate to specify the nature of the examinations or the type of tests that should be carried out in application of both the Regulations concerning protection from exposure to chemicals at the workplace and the Regulations on safety and health personnel. However, an exception from this principle is made with regard to workers’ exposure to asbestos, for which section 37 of the Asbestos Regulations requires X-ray examinations. Noting the Government’s position, the Committee nevertheless would request the Government to indicate the general nature of examination provided in practice to workers who are exposed to carcinogenic substances and agents.

4. Part IV of the report form. The Committee notes the Government’s information as regards the orders imposed by the labour inspectorate during the years 1998 to 2000 regarding different regulations in the field of occupational safety and health. It further notes that relatively few orders had to be imposed by the labour inspectorate for non-observance of the regulations on workers’ protection related to exposure to carcinogens in the course of their work which seems to be an indicator that the Convention is applied in practice. In this regard, the Committee also notes the documents which have been elaborated on the consequences of the regulations concerning carcinogens and other chemicals. Moreover, it notes the comments compiled under section 3 of the Regulations concerning protection from exposure to chemicals at the workplace, 2001, which underline the overall responsibility of the employer to take protective measures for his workers, including contract labourers.

The Committee, taking due note of this information, invites the Government to continue to provide information on the practical application in the country.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. With reference to its previous direct request concerning the application of Article 1, paragraph 1, of the Convention, the Committee notes with interest from the Government's report that the list of carcinogenic substances was again revised in 1993 and that this list is currently undergoing a revision targeting to classify more substances as carcinogenic.

The Committee notes also the Government's indication that the Toxic Substance Regulations concerning the occupational use of very toxic and carcinogenic substances have not been drawn up. It requests the Government to announce every progress made in this respect and to supply a copy of the regulations to the ILO as soon as they are adopted.

2. Article 2, paragraph 2. The Committee notes with interest that the Directorate of Labour Inspection is preparing a new Regulation on Work Involving Carcinogenic Chemicals which contains, inter alia, a provision to limit the number of workers exposed to carcinogenic substances. It would recall, however, that Article 2, paragraph 2, of the Convention also provides for measures to be taken to reduce the duration as well as the degree of exposure to carcinogenic substances and agents. The Committee requests therefore the Government to indicate whether the new regulation contains provisions with respect to a reduction of the duration and the degree of such an exposure. The Committee hopes that the Government will take appropriate action concerning the incorporation of these points in the new regulation.

3. Article 3. The Committee notes with interest the Government's proposal to incorporate in the new Regulation on Work Involving Carcinogenic Chemicals a section which provides for the establishment of a system of records which keeps the data of workers engaged in work entailing a risk of cancer. The Committee hopes that this regulation will be adopted in the near future and it requests the Government to communicate a copy of this regulation as soon as it has been adopted. The Committee also notes with interest the amendments made by Act in 1995 to the Prevention of the Harmful Effects of Tobacco Act of 9 March 1973 requiring smoke-free air in meeting rooms and in work premises where at least two persons are gathered in order to protect workers against the risks because of exposure to tobacco smoke. The Committee invites the Government to supply with its next report information on the practical application.

4. Article 5. The Committee notes that the draft Regulation on Work Involving Carcinogenic Chemicals provides also for examinations of workers' health and that, according to the Government's proposal, the frequency of such health checks should be determined on the basis of the workers' state of health and the level and duration of exposure to carcinogenic substances. The Committee also takes note of the Regulation on Safety and Health Personnel which entered into force on 21 April 1994. Pursuant to section 6, the state of health of workers exposed to carcinogenic substances has to be examined periodically during the employment. The Committee would recall that Article 5 of the Convention provides, inter alia, that workers shall undergo medical examinations or biological or other tests or investigations, as are necessary, after employment in order to ensure that appropriate medical supervision is provided to workers who may not reveal any symptoms of cancer until some time after the period of exposure. It requests the Government to indicate the measures taken or envisaged to give full effect to this Article of the Convention. Although it was considered inappropriate to specify the nature of the examinations in the Regulation on Safety and Health Personnel as well as in the draft Regulation on Work Involving Carcinogenic Chemicals, the Committee would ask the Government to indicate the nature of the examinations provided for workers exposed to carcinogenic substances and the tests carried out in practice.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

2. In its previous comment, the Committee had noted that the Government was planning to issue Toxic Substance Regulations concerning the occupational use of very toxic and carcinogenic substances in 1988. In its latest report, the Government has only referred to, and enclosed copies of, the Regulations concerning the List of Substances for the Health, Fire and Explosion Hazard Labelling Regulations and the Labelling Regulations. The Government is requested to indicated whether recent Toxic Substance Regulations have been issued and, if so, to provide a copy of these regulations with its next report.

3. Article 2, paragraph 2. The Committee notes the Government's indication that the recently revised Asbestos regulations will set the stage for preventive measures against carcinogenic substances. It notes, however, that the information provided by the Government concerning the Asbestos regulations does not refer to measures for the reduction of the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure, as provided for in this Article of the Convention. The Committee hopes that the Government will take the necessary measures in the near future to reduce to a minimum the number of workers exposed to carcinogenic substances and agents (and not merely asbestos) and to reduce the duration and level of such exposure. The Government is requested to provide information in its next report on the progress made in this regard and to communicate a copy of the new Asbestos regulations.

4. Article 3. In 1980, the Committee had noted that a system of records was established for workers exposed to ionising radiations and asbestos and was also planned for workers in the reinforced plastics industry. The Committee had expressed its hope that the system of records would be progressively expanded to cover further carcinogenic substances and agents. In its latest report, the Government has not provided any information concerning the system of records. The Committee would refer the Government to Chapter 8 of the ILO: Occupational Health Series, No. 39 on Occupational Cancer: Prevention and Control (Second (revised) edition), 1988 concerning the establishment of registers which notes that the purpose of a system of records is to enable "the competent authority and selected scientific workers to keep a close watch on the magnitude of the problem of occupational cancer in the country, the level of risk involved in the various types of exposure, the dose-response relationship and the effectiveness of preventive action". The Committee hopes that the Government will take the necessary measures in the near future to establish an appropriate system of records for all carcinogenic substances or agents and requests the Government to indicate the progress made in this regard in its next report.

5. Article 5. The Committee notes with interest the information provided by the Government concerning the regulations on enterprise health services which entered into force on 1 January 1990. The Committee notes from the Government's report that the function of these health services is to undertake periodic health checks of heavily exposed workers, including workers who are or have been exposed to carcinogenic substances. The Committee notes, however, that the list of enterprises which must have health services is limited and does not ensure, therefore, that all workers exposed to carcinogenic substances will be provided with medical examinations during employment and thereafter. The Government is requested to indicate the measures taken or envisaged to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations during employment and thereafter. Furthermore, the Government is requested to indicate, for enterprises covered by the regulations concerning enterprise health services, the nature of the examinations provided for workers exposed to carcinogenic substances, the prescribed tests, and their frequency.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee has noted the information supplied by the Government in reply to its previous direct request.

Article 1, paragraph 1, of the Convention. The Committee notes that the list of carcinogenic substances is again being revised. It hopes that the next report will contain a copy of the revised list.

Article 2, paragraphs 2, 3 and 5. The Committee notes that it is planned to issue the Toxic Substances Regulations regulating the occupational use of very toxic and carcinogenic substances in 1988. It hopes that these regulations will give full effect to the above provisions of the Convention, as indicated in its previous direct request, and that a copy will be supplied with the next report. Please also supply a copy of the revised edition of the Labelling Regulations.