Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Nursing Personnel Convention, 1977 (No. 149) - Norway (Ratification: 1989)

The Committee notes the information supplied by the Government in its report.

Article 1 of the Convention. The Committee requested the Government in its previous report to inform whether there are categories of nursing personnel that are not covered by the law in either the public or private sectors, such as uncertified nursing personnel or nursing personnel who give nursing care and services on a voluntary basis. The Committee takes note of the information supplied by the Government in its last report that "no categories of nurses or auxiliary nurses lack protection under the health legislation in the sense of not being subject to public certification/authorization schemes" and that "requirements as to public certification apply regardless of whether the nurses are employed in the public or private sector". However, the Committee notes the information of the Government that "nursing assistants/untrained personnel are a composite group for whom the health authorities have not established public certification schemes". The Committee recalls that according to this provision "for the purposes of this Convention, the term 'nursing personnel' includes all categories of persons providing nursing care and nursing services". The Committee requests the Government to communicate information whether "nursing assistants/untrained personnel" provide nursing care and nursing services, and if so, to indicate the measures adopted or envisaged to apply the provisions of the Convention to these personnel.

Article 2, paragraph 2(b). The Committee notes with concern the information supplied by the Government that both a report from a researcher at the Institute for Social Research called "Women in care occupations" from 1997 and a report "Labour reserves among trained nurses" based on figures for 1996, conclude that:

-- 68 per cent of auxiliary nurses leave the profession five years after taking their first job in the profession;

-- the rate is highest in the first year;

-- the corresponding figure for nurses after five years is 30 per cent;

-- out of 72,000 certified nurses below the age of 65, about 3,000 were not occupationally active and 15,000 were working outside the health service.

In its previous comments the Committee requested the Government to indicate the particular measures which have been a matter of negotiation or other adoption procedures with a view to ensuring conditions of employment and work of nursing personnel in the public and private sectors, including career prospects and remuneration, which are in accordance with these provisions of the Convention and are likely to attract persons to the profession and retain them in it. It notes that the report does not contain any information in this respect. The Committee once again requests the Government to provide information on the abovementioned measures with its next report.

In addition, the Committee has also requested the Government in its previous comments to supply copies of some examples of collective agreements covering nursing personnel. It notes that the report does not contain any copy. The Committee cannot but reiterate the Government to supply the mentioned examples of collective agreements with its next report.

Article 3, paragraph 2. In its previous comments the Committee has noted the information of the Government that the admission requirements for nursing education and training are coordinated and that the Ministry of Health encourages coordination between the training programmes provided by the health and the social service colleges. The Committee has requested the Government to indicate the means used to ensure coordination with the education and training of other workers in the field of health. The Committee notes that the Government's report does not contain this information. It hopes that the Government will communicate the requested information with its next report.

Article 5, paragraph 3. The Committee notes that the Government's report has no information on its previous request as regards the procedure for the settlement of conflicts of nursing personnel. The Committee trusts that the Government will supply this information with its next report.

Article 6(c), (d), (e), (f) and (g). The Committee notes the information of the Government that the Working Environment Act (WEA) provides for working time and weekly rest of nursing personnel. The Committee takes note of the information provided by the Government and requests it to send specific information on to what degree nursing personnel enjoy conditions at least equivalent to those of other workers in respect of each of the fields mentioned in this provision of the Convention.

Article 7. In its previous report, the Committee requested the Government to provide information on the measures taken or envisaged to improve existing laws and regulations on occupational health and safety by adapting them to the special nature of nursing work and the environment in which it is carried out. The Committee notes the response of the Government according to which:

-- no special measures have been taken to adapt the body of rules to the particular environment in which nursing personnel work;

-- regulations do not make a distinction between nursing personnel and other employees, and apply to all employees who may become exposed to biological factors;

-- article 13 of the National Insurance Act provides that certain diseases are regarded as equal with occupational injury when contracted in an occupational context, and that AIDS and HIV-infection are included in the list;

-- the Act of 5 August 1994 was adopted concerning protection against infectious diseases; separate regulations of 5 July 1996 were adopted concerning protection against infection in health institutions; and regulations concerning protection of employees against hazards when working with biological factors were laid down by Royal Decree of 19 December 1999, the text of which is enclosed as Annex 1 of the report.

The Committee notes that paragraph 4 of section 1 of the Royal Decree of 19 December 1999 provides that persons who were exposed to AIDS among other infections should be recorded in a list. It also notes that employers should keep this list for ten years and for 40 years in the circumstances determined in paragraph 15 of section 2. The Committee requests the Government to inform in relation to the persons who are entitled to request information on the data contained in that list and under which conditions information is provided. The Committee also requests the Government to provide copies of the rest of the mentioned legislation in order to examine to what extent they ensure the application of the Convention on this matter.

Part V of the report form. The Committee notes the statistics and data supplied by the Government. It requests the Government to continue supplying statistics and data on the number of persons who are leaving the profession.