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Safety and Health in Construction Convention, 1988 (No. 167) - Norway (Ratification: 1991)

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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 2018, published 108th ILC session (2019)

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.

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

Article 4 of the Convention. National legislation. The Committee notes the information in the Government’s report that the Regulation No. 608 of 26 June 1998 on respecting the use of work equipment, is now covered by the following regulations: Regulation No. 1355 of 6 December 2011, concerning organization, management and employee participation; Regulation No. 1356 of 6 December 2011, concerning workplaces; Regulation No. 1357 of 6 December 2011, concerning performance of work; and regulations concerning administrative arrangements. The Committee also notes that the Government has implemented Council Directive 92/57/EEC on the implementation of minimum safety and health requirements at temporary or mobile construction sites, which came into force 1 January 2010. Noting the Government’s indication that these regulatory changes are only structural and entail no substantive changes, the Committee requests the Government to indicate the specific provisions of these regulations which give effect to the Convention, and requests that a translation of these provisions in one of the working languages of the ILO be provided. It further asks the Government to clarify the relation of the Council Directive 92/57/EEC with the application of the Convention.

Application of the Convention in practice. Social dumping. The Committee notes from the Government’s report that, in the period covering 2008–14, the Government carried out three action plans, the last of which ended in May 2013, to combat social dumping. The Government indicates that a research report from the Institute for Labour and Social Research (FAFO) says that the actions against social dumping have been effectively implemented, resulting in many positive achievements, despite the fact that social dumping is increasing and that many companies find new ways to bypass the law. The Committee notes that in 2013, the Labour Inspectorate (LI) carried out 800 social dumping inspections in the construction industry, 543 of which resulted in injunctions. The LI also conducted a survey among 72 experienced labour inspectors in social dumping, concluding that in the construction industry, 89 per cent of the inspectors think that most foreign workers lack sufficient training, 64 per cent think that most of them lack protective equipment, 89 per cent think that they are exposed to higher risks than Norwegian workers, 67 per cent think they have poorer wages and working conditions and 98 per cent think that language and communication problems are a serious risks. The Government considers that though social dumping remains a significant problem, the efforts deployed to reduce it, have been positive. The Committee asks the Government to provide information on the effective implementation of all aspects of their Convention, including, for example, the protection of the rights and obligations of workers (Articles 10, 11, 12 and 13 of the Convention) as well as their application in practice, especially given the indication of the high number of migrant workers in the construction industry.

Other statistics. In addition, the Committee notes that between 2010 and 2013, the LI carried out a total of 13,991 inspections in workplaces, in the building and constructions sector: 3,548 in 2010; 3,412 in 2011; 3,681 in 2012; and 3,350 in 2013. The Committee notes the information that, currently, Norway has no register on occupational injuries due to the poor quality of the register currently in place and that a new register is being established. It also notes the Government’s indication that the Register of Work-Related Diseases (RAS) from 2013 shows that out of all 2,827 reported diseases registered, 652 were in the building and construction sector. The Committee further notes that in 2013, the number of employees in the building and construction sector in Norway was 197,000 and that there were nine fatal accidents registered in the sector in 2013. The Committee requests the Government to provide information on the implementation of the new register on occupational injuries and to continue to provide information on the application of the Convention in practice. The Committee also asks the Government to indicate any special measures that have been taken or are envisaged in order to address the high number of accidents, including the high number of fatalities, in the construction industry.

[The Government is asked to reply in detail to the present comments in 2016.]

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

Article 4 of the Convention. National legislation. The Committee notes the information that, subject to the implementation of the EU Machinery directive 2006/42/EC through Regulation No. 544 of 20 May 2009 there has been no significant changes in legislation since the Government’s last report.

Part IV of the report form. Decisions of courts of law. The Committee notes the information that a Court of First Instance in Norway imposed a fine of NOK100.000 on a company for not securing the working platform of a scaffold which turned out to be decayed and then broke causing a worker to fall and be fatally injured. The Court found that the company had breached relevant national legislation, that is sections 7 and 20 of Regulation No. 335 of 14 April 1989 regarding scaffolding, ladders and work on roofs as well as section 17(1) and (2) of Regulation No. 608 of 26 June 1998 regarding the use of work equipment. According to the Government this was relevant for the application of Article 18 of the Convention and Chapter III of the Occupational Safety and Health Recommendation, 1988 (No. 175). The Committee notes that Paragraph 16 of Chapter III of Recommendation No. 175 specifically provides that “every scaffold and part thereof should be of suitable and sound material and of adequate size and strength for the purpose for which it is used and be maintained in a proper condition”.

Part VI of the report form. Application in practice. The Government reports that in 2008 six workers died from work-related injuries caused by accidents. The Committee also notes the statement that, since the enlargement of the European Union in 2004, Norway has received a high number of migrant workers from Poland and the other new EU Members in Eastern Europe which appears to represent some challenges in the area of occupational safety and health (OSH), especially in the building and construction sector. Of the work permits granted in 2007, 24 per cent were for workers in the building and construction sector, and 17 per cent for undertakings hiring out manpower. Another issue noted is that the dissemination of necessary information relating to safety and health at work at times was impeded for linguistic reasons. In addition, many foreign workers in the construction sector were temporary and carried out work in Norway only for a limited period of time. In addition, the Government states that some migrant workers appear to represent a different OSH culture in the building and construction sector. According to the comments transmitted by the Government, the Norwegian Confederation of Trade Unions (LO) underscores that the building and construction was a sector with a noticeable degree of social dumping. The Government indicates that it has addressed these issues, in particular by strengthening the Labour Inspection Authority and by introducing two action plans to combat social dumping. According to statistical information for the last quarter of 2008, 185,775 out of a total of 2,531,000 workers were employed in the building and construction sector including 172,248 men and 13,527 women. For 2007, 2,051 out of 16,578 reported injuries were recorded in the building and construction sector. As the annual average number of injuries is 23,000, with 2,600 in the building and construction industry, the overall tendency was thus that such injuries were declining. The Government also indicated that the LO had welcomed the high number of inspections in this sector but emphasized the need for continued vigilance as 3,600 inspections carried out had resulted in more than 4,000 notices. The Committee notes with interest this detailed information and requests the Government to provide further information on the main strategies and impact of the two action plans to combat social dumping in this area and to continue to provide information on the application of this Convention in practice.

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 matters raised in its previous direct request, which read as follows:

The Committee notes the detailed information contained in the Government’s reports and the attached legislation.

Article 4 of the Convention. National legislation. The Committee notes the Government’s statement that it is currently revising the legislation applicable to this Convention. The Committee understands this to have been terminated and notes with interest that several amendments have been introduced to Ordinance No. 377 of 21 April 1995 on occupational safety and health in building and construction places, Ordinance No. 608 of 26 June 1998 respecting use of work equipment, Ordinance No. 335 of 14 April 1989 respecting scaffolding, ladders, and work on roofs, and Ordinance No. 170 respecting workplaces and work rooms. It also notes with interest that a new Working Environment Act (Act No. 62) was adopted on 17 June 2005, replacing Act No. 4 of 4 February 1977, and that it entered into force on 1 January 2006. The Committee notes that the newly enacted legislation seems to ensure the application of the Convention.

Part IV of the report form. Practical implementation of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from the reports of inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation, disaggregated by gender, if possible, and other measures, the number and nature of contraventions reported, etc.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

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

2. Article 4 of the Convention. National legislation. The Committee notes the Government’s statement that it is currently revising the legislation applicable to this Convention. The Committee understands this to have been terminated and notes with interest that several amendments have been introduced to Ordinance No. 377 of 21 April 1995 on occupational safety and health in building and construction places, Ordinance No. 608 of 26 June 1998 respecting use of work equipment, Ordinance No. 335 of 14 April 1989 respecting scaffolding, ladders, and work on roofs, and Ordinance No. 170 respecting workplaces and work rooms. It also notes with interest that a new Working Environment Act (Act No. 62) was adopted on 17 June 2005, replacing Act No. 4 of 4 February 1977, and that it entered into force on 1 January 2006. The Committee notes that the newly enacted legislation seems to ensure the application of the Convention.

3. Part IV of the report form. Practical implementation of the Convention. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in your country, including, for instance, extracts from the reports of inspection services, and, if such statistics are available, information on the number of workers covered by the relevant legislation, disaggregated by gender, if possible, and other measures, the number and nature of contraventions reported, etc.