Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH) under examination this year, the Committee considers it appropriate to examine Conventions 155 (OSH) and 187 (promotional framework for OSH) together.

Application of Conventions Nos 155 and 187 in practice. The Committee notes the statistics available on the Statistics Norway (SSB) website on industrial accidents reported to the Norwegian Labour and Welfare Administration (NAV). The data shows that in 2022, a total of 22,894 accidents were reported, with 31 resulting in fatalities; in 2021, 23,201 accidents were reported, with 39 fatalities; in 2020, 20,080 accidents were reported, with 41 fatalities; and in 2019, 21,991 accidents were reported, with 33 fatalities. The Committee requests the Government to continue to provide information on the application in practice of the Conventions, including on the number, nature and cause of reported occupational accidents and cases of occupational diseases.

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 the Government’s indication that the Norwegian ILO Committee, comprising the eight main social partners, meets five times a year and discussed the unratified OSH Conventions in August 2023. The Government indicates that the authorities did not receive any specific suggestions regarding Conventions that should be ratified. 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.

Articles 4, 7 and 15 of Convention No. 155 and Article 3(1) of Convention No. 187. National OSH policy and coordination between authorities. Following its previous comment regarding coherence of the national policy, the Committee notes the Government’s indication that the Labour Inspection Authority (LI) and the Petroleum Safety Authority, now named the Norwegian Ocean Industry Authority (Havtil), are engaged in an ongoing dialogue to enhance the coherence of the national OSH policy. The Government reports that both agencies have been expressly directed to maintain close cooperation and to share relevant information and experiences, especially in areas where their responsibilities intersect. Among the measures adopted, the Government highlights the establishment of the OSH Initiative, a collaborative effort between LI, Havtil, NAV and the National Institute of Occupational Health (STAMI). The Government reports that this initiative aims to promote systematic, knowledge-based, and preventive approaches to OSH among employers and that, as part of this initiative, an Occupational Health Portal website was launched to provide industry-targeted information on effective OSH practices. Additionally, the Government indicates that, under the coordination of the LI, a joint report will be prepared by the agencies involved in the OSH Initiative, scheduled for release in March 2025. The Committee requests the Government to continue to provide information on the dialogue between the LI, Havtil and other agencies such as NAV and STAMI aimed at improving coherence of the national OSH policy.

National system

Article 4(3)(d) of Convention No. 187. Occupational health services. The Committee notes the Government’s reference to the 2023 revision of the occupational health services regulations (Regulations concerning administrative arrangements within the area of application of the Working Environment Act), which establish that the primary role of occupational health services is to support enterprises in implementing systematic and preventive measures related to occupational health, work environment and safety. The revised regulations also mandate that all employees within occupational health services complete mandatory training. The Committee notes this information, which responds to its previous request.

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. In response to its previous comment, the Committee notes the Government’s indication that the registry for occupational accidents, now managed by SSB, is operational and accessible via the SSB website. With regard to occupational diseases, the Government reports that an information system is currently under development but has not yet been completed, and that although a digital reporting service for occupational diseases has been established on the NAV website, this system is not yet capable of producing statistical data. For other work-related diseases, the Government indicates that reporting to the LI is mandatory for physicians, yet remains significantly underreported. The Government estimates that approximately 1,800 cases of work-related diseases are reported to the LI each year, although calculations by the LI suggest the actual number of work-related diseases is closer to 30,000 annually. The Government further indicates that the LI has initiated a dialogue with NAV to enhance physician reporting to the LI, though this collaboration is still in the early stages. Referring to its comments under the Labour Inspection Convention, 1947 (No. 81) and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee requests the Government to continue to provide information on the measures taken to improve reporting of work-related diseases to the LI, as well as on the progress and outcomes of the ongoing dialogue between the NAV and LI in this regard. In addition, the Committee requests the Government to continue to provide information on the measures to improve the mechanism for the collection and analysis of data on occupational diseases.

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 notes the Government’s indication that a new action plan to combat work-related crime and social dumping was launched in 2022 following tripartite dialogue and is being implemented in collaboration with social partners. The Government also reports that the Occupational Health Portal website, developed in consultation with social partners, contains tools tailored to support various types of enterprises, including small and medium-sized enterprises (SMEs), in systematically improving OSH conditions. The Committee once again requests the Government to provide information in relation to mechanisms to support the progressive improvement of OSH in the informal economy.

National OSH Programme

Article 5 of Convention No. 187. National OSH programme. The Committee previously noted the Government’s indication that the main strategy for a safe and proper working life is stated in the National Budget, which provides that OSH is a key component in the main goals for the labour market as a whole. In this respect, the Committee notes the Government’s indication that the overarching objective of the national OSH programme is reflected in the Working Environment Act, which aims to secure a working environment that provides a basis for a healthy and meaningful working life and offers full protection from harmful physical and mental factors. The Government indicates that annual budget proposals include national-level measures and strategies to advance these goals and that the current strategy emphasizes supporting employers' responsibility by assisting enterprises in their preventive OSH work, as well as implementing measures to ensure adequate working conditions. Budget proposals also contain status updates on OSH developments across sectors, and the annual letters of allocation to public agencies specify objectives. These agencies subsequently report on progress on the objectives in their annual reports to the Ministry of Labour and Social Inclusion.

Regarding the review of the OSH programme with social partners, the Committee notes the Government’s indication that the Inclusive Working Life (IA) Agreement between the authorities and social partners outlines specific objectives for workplace safety. The current IA Agreement (2019–2024) focuses on preventive work environment efforts and addresses long-term and recurring sickness absences, and identifies several measures to reach its objectives. The Government also reports that consultations with social partners occur in other areas at a national level including through: (i) the Advisory Committee on Labour Market and Pension Issues, chaired by the Minister of Labour and Social Inclusion; and (ii) the tripartite IA Coordination Group, chaired by the State Secretary. In addition, the Government reports that every three years, the STAMI publishes the Factbook on Working Environments and Health, providing an overview of the country’s current OSH status and tracking developments across various indicators. STAMI also directs the National Occupational Health Surveillance (NOA), which compiles and disseminates OSH knowledge, aiming to make OSH information accessible to stakeholders and policymakers. The Committee requests the Government to provide further information on the formulation, implementation, monitoring, evaluation and periodic review the national programme on occupational safety and health in consultation with the most representative organizations of employers and workers. It requests further information on the manner in which it is publicized as well as endorsed and launched by the highest national authorities.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (the Radiation Protection Convention, 1960 (No. 115), the Hygiene (Commerce and Offices) Convention, 1964 (No. 120), the Occupational Cancer Convention, 1974 (No. 139), the Asbestos Convention, 1986 (No. 162), the Safety and Health in Construction Convention, 1988 (No. 167), the Chemicals Convention, 1990 (No. 170) and the Safety and Health in Mines Convention, 1995 (No. 176), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Norwegian Confederation of Trade Unions (LO), submitted with the Government’s report.

The Committee also notes the information provided by the Government in its report in reply to the Committee’s previous comment concerning Article 15 of the Convention on inspection services.

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes that in reply to its previous comments, the Government refers to section 4-6 of the Work Environment Act (WEA), on adaptation for employees with reduced capacity of work. Section 4-6(1) provides that if an employee suffers reduced capacity for work as a result of an accident, sickness, fatigue or the like, the employer shall, as far as possible, implement the necessary measures to enable the employee to retain or be given suitable work. The employee shall preferably be given the opportunity to continue his normal work, possibly after special adaptation. Section 4-6(2) provides that if it is appropriate to transfer an employee to other work, the employee and the employees’ elected representatives shall be consulted before deciding the matter. The Committee also notes the Government’s indication that the Labour Inspection Authority supervises compliance with the provisions of the Work Environment Act, guiding undertakings in its implementation and issuing orders as necessary. Furthermore, it notes that undertakings collaborate with the Norwegian Labour and Welfare Administration with regard to social security and sickness benefits and follow-up plans. Noting that section 4-6 of the Work Environment Act refers to persons with reduced capacity for work “as a result of an accident, sickness, fatigue or the like”, the Committee requests 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. It requests, in this regard, 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.

Application in practice. The Committee notes the Government’s indication, in reply to the Committee’s previous request, that a national “Strategy for reducing the exposure to radon” was formulated for the 2009–14 period. The strategy aimed at ensuring that the level of radon exposure in all types of buildings and facilities was lower than established dose levels and at helping to lower the radon exposure in the country as much as possible. The Committee also notes that the Labour Inspection Authority prepared “Guidance on radiation in the workplace” and conducted a survey of radon in workplaces and underground workplaces to achieve updated knowledge about the existence and exposure levels in construction sites and underground workplaces. In this regard, the Committee notes that the LO once again refers to the lack of monitoring of exposure to radon in different sites, including construction sites in geological areas and underground workplaces. The Committee requests the Government to continue to provide information on the application of the Convention in practice as well as any measures taken or envisaged to address the issues raised by the LO in its observations.

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

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the statistical data on orders and how many of them have led to decisions of coercive fines and halts. The Committee notes that there were five orders in 2010, one in 2011, three in 2012 and 711 in 2013. Of those 711 in 2013, the Committee notes that there were 89 coercive fines and four decisions of halts in 2013. The Committee requests the Government to indicate the causes of this increase in orders, the nature of the cases concerned, and measures taken or envisaged to strengthen the application of the Convention in practice. The Committee also requests the Government to continue to provide relevant statistical information, including the number and the nature of the contraventions reported.

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

The Committee notes the report of the Government received on 29 August 2014 and the observations of the Norwegian Confederation of Trade Unions (LO) included in the Government’s report and also received separately on 8 September 2014.

Implementing laws and regulations. The Committee notes the information in the Government’s report that Regulation of 30 April 2001, No. 433, relating to protection against exposure to chemicals in the workplace (Chemical regulation), is now covered by the following regulations: Regulation of 6 December 2011, No. 1355, concerning organization, management and employee participation; Regulation of 6 December 2011, No. 1356, concerning workplaces; Regulation of 6 December 2011, No. 1357, concerning performance of work; and Regulation of 6 December 2011, No. 1358, concerning action levels and absolute limits for physical and chemical factors in the working environment. 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 could be provided, if possible in one of the working languages of the ILO.

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 noted the implementation of the Ordinance (No. 516 of 2008) respecting the registration, evaluation authorization and restriction of chemicals (REACH) and had asked the Government to provide further information in regards to the mandate and the activities of the REACH Office and how employers’ and workers’ organizations are consulted in this process and in the periodical review of the national policy related to chemicals. Noting that the Government’s report contains no information in this regard, the Committee once again requests 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.

Application of the Convention in practice. Enforcement campaign. The Committee notes the LO’s statement that it will ask the Government to follow up on the comments of the Committee on the enforcement campaign. The Committee notes from the Government’s current report that the labour inspectorate (LI) has developed 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. It notes that the WEG provides: (1) Information on what it means to work systematically on the working environment; (2) knowledge of central concepts regarding working environment measures; (3) insight into requirements regarding the workplace and performance of the work; and (4) advice and guidance on how to work on the working environment. The Committee requests the Government to provide information on the impact of the implementation of the WEG on the application of the Convention and to indicate the results of a long-term follow-up to the national enforcement campaign, as well as the possible impact of this experience on the Government’s overall strategy in the enforcement of national legislation in this area.

Statistical information. The Committee notes from the Government’s report that the LI supervises compliance with the regulation and procedures, mainly by inspections. It further notes the statistical information of diagnosed cases reported by physicians to the LI where the exposure factor was chemicals, during the period covering 2010 to 2013. The Committee notes that there were a total of 77 reported cases in 2010, 82 in 2011, 95 in 2012 and 83 in 2013, with the majority being linked to respiratory diseases and skin and subcutaneous tissue diseases. The Committee notes that the Government indicates that these figures represent work-related diseases as reported by medical practitioners and not the accurate number of occupational diseases. The Government further indicates that, despite the obligatory reporting of work-related diseases to the LI, as required by the Working Environment Act, less than 5 per cent of Norwegian medical practitioners fulfil their obligation to report, and thus the figures may not be representative. Furthermore, the Committee notes the statistics in the Government’s report, from 2009 to 2013, and the statement that the three most frequently violated sections of the Regulation on protection against exposure to chemicals at the workplace (1 January 2012) are sections 6 (risk assessment), 7 (measures to reduce exposures) and 9 (safety training and information) which are covered by the Regulation on organization, management and employee participation and the regulation on performance of work. Referring also to its comments on the application of the Occupational Safety and Health Convention, 1981 (No. 155), the Committee requests the Government to provide information on the measures taken or envisaged to address the inaccurate reporting of cases of work-related diseases to the LI, and to continue to provide information on the application of the Convention in practice.

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

The Committee notes the report of the Government received on 29 August 2014 and the observations of the Norwegian Confederation of Trade Unions (LO) included in the Government’s report and also received separately on 8 September 2014.

Article 4 of the Convention. National legislation. The Committee notes the new regulatory changes reported by the Government and recalls that it noted these changes in its comments under the Chemicals Convention, 1990 (No. 170). It notes the Government’s indication that these modifications are only structural and entail no substantive changes. 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.

Application of the Convention in practice. The Committee previously noted that statistical data on the number of workers employed in the mining sector in Norway was not available and that the Government had transmitted observations from the LO expressing their surprise of the non-availability of such statistics. The Committee notes once again from the information in the Government’s current report it has experienced difficulties in finding statistical information on the total number of workers covered by the Convention. However, it estimates the number of workers in mines covered by the Convention, working in the Svalbard region to approximately 450, as it is aware of two large companies, Store Norske and Trust Arktikugol, in the region. The Committee further notes the indication by the Government that on the mainland, it has not succeeded in obtaining sufficiently reliable statistics on the number of workers employed in the mining sector, because public records are generally divided according to industry code and there are many businesses that perform tasks within the mining sector, which are not registered in this manner in the records. The Committee also notes the statistical data in the Government’s report on the number of orders and how many have led to decisions of halt and coercive fines between 2010 and 2013. It notes that there were 31 orders in 2010, 17 orders in 2011, seven orders in 2012, leading to two decisions of halt, and three orders in 2013, none resulting in a decision of coercive fines. The Committee requests the Government to indicate the measures taken or envisaged to ensure that information on the number of workers covered by the Convention is available and 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 2014, published 104th ILC session (2015)

The Committee takes note of the observations submitted by the Norwegian Confederation of Trade Unions (LO), enclosed in the Government’s report received on 29 August 2014 and also in a separate communication received on 8 September 2014.

Article 3(2) of the Convention. Periodical review of national laws and regulations. The Committee notes the Government’s indication that Regulation No. 235 on asbestos is now covered by a set of Regulations adopted on 6 December 2011 (Regulations Nos 1355, 1356, 1357 and 1358) but that their adoption brought no substantive changes to the provisions giving effect to the Convention.

Article 3(3) and (4). Permitted derogations from the preventive and protective measures. In reply to the Committee’s previous comment, the Government provides statistical data showing that, each year between 2010 and 2012, one derogation from the regulations on asbestos was granted, while none was approved in 2013. The Committee requests the Government to provide information on the nature of these derogations, their conditions and limits of time, 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.

Article 21(5). Notification of occupational diseases caused by asbestos. Application of the Convention in practice and statistical information. The Committee notes the concerns expressed by the LO concerning the inaccuracy of the statistics provided by the Government and the under-reporting of diseases. The Committee also notes that the Government acknowledges an error in the data provided for 2009 (25 cases of occupational diseases caused by exposure to asbestos) and providing an adjusted number (111). The Government explains that occupational diseases caused by exposure to asbestos remain largely under-reported and that despite their obligation to report cases to the Labour Inspection Authority, provided under section 5-3 of the Working Environment Act No. 62 of 2005, only 4 to 5 per cent of the medical practitioners fulfil their duties. The Committee requests the Government to take 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.

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

The Committee notes the report of the Government received on 29 August 2014 and the observations of the Norwegian Confederation of Trade Unions (LO) included in the Government’s report and also received separately on 8 September 2014.

Article 4 of the Convention. National policy. The Committee noted, in its previous comments, the observations by the LO recognizing the extensive legislation regulating occupational safety and health (OSH) matters in the country, but questioning whether this reflected a coherent national OSH policy covering both workplaces under the authority of the labour inspectorate (LI) and those under the Petroleum Safety Authority (PSA). The Committee notes from the Government’s current report that the LI has informed the PSA about possible changes and improvements with the legislative regulation regarding occupational safety and health. Regulatory work is being implemented by the PSA and plans have been exchanged with the LI. The Committee also notes from the Government’s report that there is an ongoing dialogue between the LI and the PSA. The Committee requests the Government to provide information on the possible changes in the legislative regulation regarding occupational safety and health, as well as any improvements in the coherence of the national OSH policy resulting from the dialogue between the LI and the PSA.

Application of the Convention in practice. Statistical information. The Committee notes that the Government reiterates that although reporting on work related diseases to the LI is obligatory, according to the Work Environment Act (WEA), less than 5 per cent of Norwegian medical practitioners report work-related diseases to the LI and, as a consequence, the figures of work-related diseases reported by the Government to the ILO are not reliable. The Committee also notes that the LO continues to express concern in this regard. The LO indicates in particular that it is very much concerned over the statistical underreporting of diseases caused by exposure to chemicals.

The Committee further notes that the LI Authority has a registry for fatal occupational accidents in the land-based sectors and that, there has been an average number of 43 fatal injuries registered in the last ten years. The Committee notes the information that the registry for occupational accidents has been dismantled and that Statistics Norway, responsible for the new registry, will report data from the system in 2015, which will comply with Eurostat regulations. The information from the new registry could be used to identify all cases of accidents at work that are reported to the Norwegian Labour and Welfare Service (NAV). Finally, the Committee notes that the Department of Occupational Health Surveillance (NOA) and the National Institute of Occupational Health (STAMI) also coordinate, systemize and disseminate knowledge about the working environment and health, with a surveillance system primarily targeting work-related injuries, illness, disability and premature death. Noting once again the reported shortcomings and discrepancies in the data that has been made available, the Committee requests the Government to provide information on the measures taken or envisaged, to address the inaccurate reporting of cases of work-related diseases to the LI, as well as the concerns raised by the LO. It invites the Government to strengthen its efforts to raise awareness of medical practitioners of this obligation to report on work-related diseases. The Committee also asks the Government to provide information on the new registry by Statistics Norway regarding cases of accidents at work and to supply statistical information on occupational accidents and diseases, indicating the trends and the main problems encountered, in the various sectors of activity.

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.]

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

Legislation. The Committee notes the information that there have been no legislative changes which affect the application of the Convention and welcomes the helpful transmission of relevant up-to-date legislation. It also notes the information provided regarding effect given to Articles 7, 8, 11 and 12 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 14 of the Convention. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the response provided by the Government including a reference to the provisions in sections 4–6 of the Work Environment Act (17 June 2005, No. 62 (WEA)), requiring employers to take the necessary measures to enable workers with reduced capacity for work to keep or be given suitable work and the provisions requiring transfer in sections 5(7) (for workers with medical certificate) and 6 (for pregnant workers) of the Ordinance on work involving ionizing radiation. It also notes the reference made to section 1 of the Regulation of companies that shall be associated with occupational health services of 21 April 1994 No. 333, requiring certain companies to have occupational health services. In addition, the Committee notes the references made to the special provisions regarding pregnant workers according to section 6 in the above ordinance. The Committee considers that this information does not fully respond to the query regarding efforts made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable as noted in paragraph 32 of the 1992 general observation under the Convention. The Committee reiterates its request that the Government provide detailed information on the application of this Article in practice, in the light of paragraph 32 of the 1992 general observation on the application of this Convention.

Article 15. Inspection services. The Committee notes the information provided that inspections by the Norwegian Radiation Protection Authority (NRPA) are carried out both in onshore and offshore industries focusing on radiation protection of workers and that inspections are also carried out in universities and research institutes with a focus on radiation protection of workers and students. The Government reports that during 2008 and the first half of 2009 about 40 inspections were carried out in these sectors and that nearly one third of these inspections found contraventions, the typical being lack of valid authorization from the NRPA and lack of updated instructions or procedures. The Committee also notes the information that every year about ten accidents involving radiation sources in the industrial sector are reported to the NRPA. The typical accidents or incidents include crossing of barriers established during work with radiation sources, technical problems with the radiation sources and orphan radiation sources, but that none of the accidents or incidents in the last few years have resulted in personal doses above the annual dose limit of 20 mSv. The Committee welcomes this detailed information and invites the Government to continue its reporting on inspections carried out and the outcome thereof and on any measures taken to address the problems reported.

Part V of the report form. Application in practice. The Committee notes the information provided, including the guidelines on the application of the RPR, and that the NRPA and the labour inspection authorities cooperate on the basis of a written agreement. It also notes that this cooperation reportedly has, inter alia, triggered a launch of a five-year national strategy on radon exposure with the purpose of bringing the radon levels in all buildings and premises down to prescribed dose levels. With reference to this strategy, the Norwegian Confederation of Trade Unions (LO) notes the communication transmitted by the Government that it has made efforts in this context to remedy the lack of information on exposure to radon in underground workplaces and that the authorities responsible for occupational safety and health seemed to be lagging behind in taking concrete action in accordance with the strategy. The LO also express concern that due to lack of knowledge about the existence of radon in certain construction sites in geological areas and in underground workplaces there is a lack of monitoring of exposure on these sites. The Committee requests the Government to provide further information on the application of the Convention in practice, including on the national strategy on radon exposure in the light of, inter alia, the comments by the LO.

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 2010, published 100th ILC session (2011)

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

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

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

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

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 2010, published 100th ILC session (2011)

Article 4 of the Convention. National legislation. The Committee notes the information that subject to minor corrections of Ordinance No. 794 on safety, health and the working environment in mining issued in June 2005, there have been no significant changes in relevant legislation since the last report. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Part V of the report form. Application in practice. The Committee notes the information that statistical data on the number of workers employed in mining in Norway is not available and that the Government has transmitted comments from the Norwegian Confederation of Trade Unions (LO) expressing their surprise of the non-availability of such statistics. The Committee notes the information that according to statistics regarding notices of violations of the regulations, there were 11 in 2007, five in 2008 and two in 2009 of which none resulted in a decision of coercive fines. One accident with two fatalities was recorded in 2008, which did not give rise to any prosecutions. The Committee would welcome further information as regards the reasons for the non-availability of statistical data regarding the number of workers engaged in the mining sector, and requests the Government to continue to provide information on the manner in which the Convention is applied in the country, including available statistics.

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

Article 4 of the Convention. National policy. The Committee notes the comments from the Norwegian Confederation of Trade Unions (LO) transmitted by the Government indicating that while LO recognizes the extensive legislation regulating occupational safety and health (OSH) matters in the country, it questions whether this reflects a coherent national OSH policy covering both workplaces under the authority of the labour inspectorate and those under the Petroleum Safety Authority. The Committee requests the Government to provide further information in relation to the question raised by the LO.

Part V of the report form. Application in practice. Statistical information. The Committee notes that in its reports submitted in 2010 on the application of ratified Conventions on occupational safety and health, the Government refers to statistical information from different sources. This includes information from 2005–08 based on reports from physicians on diseases caused by exposure to chemicals (excluding asbestos-related diseases). According thereto the number of reported cases decreased from 196 in 2005 to 130 in 2008. The Committee also notes the Government’s statement that although, according to the Working Environment Act (WEA), reporting on work-related diseases to the labour inspectorate is obligatory, only 4–5 per cent of Norwegian medical practitioners fulfil their reporting duties. The reported figures may therefore not be representative of the actual number of incidents. In this context, the Committee refers to the comments by LO, also transmitted by the Government, on the apparent discrepancy regarding the number of neoplasms reported in 2005–08. According to the above referenced information from physicians included in the report on the application of the present Convention there had been 45 such cases, but according to information submitted in the context of the application of the Occupational Cancer Convention, 1974 (No. 139), there had been 378 such cases. Another source for statistical information the Government refers to are reports on chemical-related injuries transmitted to the social insurance agency. Such reports are reportedly sent either by workers or employers to the Norwegian Labour and Welfare Service and are registered by the labour inspectorate. According thereto the total number of injuries appears to have decreased, while the percentage of injuries caused by chemicals appears to have been stable at 1.4 per cent in the period 2004–07 with a slight increase to 1.6 per cent in 2008. The Committee also notes the information that the most frequently violated sections of the Ordinance respecting protection against exposure to chemicals at the workplace included; sections 6 (Risk assessment), 7 (Concrete measures to reduce chemical exposures) and 9 (Safety training and information). While the Committee welcomes the efforts to provide statistical information, it notes with some concern the reported shortcomings and discrepancies in the data that has been made available and requests the Government to indicate measures taken to address these shortcomings. Noting the crucial importance of reliable statistical data to enable the tracking of progress and to inform national policy in this area, the Committee invites the Government to provide more detailed information on current national systems for recording and notification of occupational accidents and disease and on any other methods used by the Government to assess the impact of measures taken to improve the application of the Convention in the country.

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

Implementing laws and regulations. The Committee notes with interest the detailed information regarding amendments to implementing laws and regulations. It notes that the new amended Act No. 62 of 17 June 2005 which came into force on 1 January 2006 relating to the working environment, working hours and employment protection (WEA) does not include any changes affecting the implementation of this Convention. It also notes that 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) widens the rules on carcinogens to include mutagenic substances and introduces a limit value for wood dust from hardwoods. The Committee understands that further amendments to this Act were adopted in 2005 introducing, inter alia, special rules for work carried out with cement containing chromium IV. It also notes that the amendments to Ordinance No. 443 of 2001 with respect to protection against exposure to chemicals at the workplace (Chemicals Ordinance), most recently through Ordinance No. 363 of 2005; the amendments to Ordinance No. 1139 of 2002 with respect to the classification, marking, etc. of dangerous chemicals – most recently through Ordinance No. 121 of 2006; the amendments to Ordinance No. 412 of 2000 with respect to the production and use of hazardous substances in enterprises – most recently through Ordinance No. 792 of 2005 and the adoption of the Ordinance No. 516 of 2008 with respect to the registration, evaluation authorization and restriction of chemicals (REACH) give further effect to the Convention. The Committee notes the information regarding the Product Control Act No. 79 of 1976 and its Regulations (Ordinance of 1 June 2004) giving effect to Article 5. The Committee also notes that since 2001 the Norwegian list of limit values has been revised twice and that a new revision is due by the end of 2010. Finally it notes the details provided regarding the enforcement mechanisms based on the Coercive Fulfilment Act, section 19–1 of the WEA as well as regarding the information that the Jotun case was closed due to lack of evidence. In addition to this detailed information, the Committee welcomes the helpful translations provided of relevant changes in legislation which are not publicly available in one of the working languages of the ILO.

Articles 3 and 4 of the Convention. Consultations with employers’ and workers’ organizations on national policy related to chemicals. The Committee notes the information that the competent authority for the implementation of REACH, the Norwegian Pollution Control Authority, has representatives in various forums and working groups responsible for monitoring and implementing REACH, and that the Norwegian Labour Inspection Authority is responsible for the implementation of the parts of the Reach Regulation which are related to the working environment and concern workers. It also notes that the Norwegian Labour Inspection Authority has established a REACH office to stay up to date on REACH areas that concern the working environment in Norway. The Committee notes with interest the institutional arrangements for collaboration between the Norwegian Pollution Control Authority and the Norwegian Labour Inspection Authority and requests 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 and in the periodical review of the national policy related to chemicals.

Article 6. Classification system of chemicals. With reference to its previous comments the Committee notes the information through amendments adopted on 22 April 2009 to Ordinance No. 1139 of 2002 on classification, labelling, etc. of dangerous chemicals, and taking into account corresponding EU Directives, the number of exceptions from the required classification and labelling of individual substances containing organic solvents has been reduced
from 12 to three substances (acrylamide, methylamideoglycolate and methylacrylamidomethoxyacetate). The Committee also notes the information that the relevant competent authorities are the Norwegian Pollution Control Authority, the Labour Inspection Authority, the Directorate for Civil Protection and Emergency Planning and the Petroleum Safety Authority and that while these authorities may act independently in their areas of responsibility, the Norwegian Pollution Control Authority has a contact role for subjects of common interest. Inspection activities may be independent, coordinated or simultaneous and a common inspection database has been established. The Committee welcomes this information and invites the Government to provide additional information on experiences gained of the collaborative efforts between these institutions and the efficiency of the monitoring of relevant laws and regulations in this area.

Part V of the report form. Application in practice. Enforcement campaign. The Committee notes the detailed information provided on the national three-year campaign regarding chemicals launched in 2003. This campaign focused on four trade sectors with a relatively high risk for harmful chemical exposures including automobile workshops, plastic boat industry, the graphics industry and mechanical workshops. The primary goals of the campaign were to increase the knowledge of chemical health hazards, to reduce workers’ exposure to mutagenic and carcinogenic substances and to reduce the likelihood of workers developing skin and respiratory diseases. A three-pronged strategy was applied including the conduct of inspections, specific efforts to meet the need for information and guidance of the four target groups, and to ensure close cooperation with other inspection authorities, industry organizations and occupational health providers. Two rounds of inspections were carried out in 2003–06. The first round revealed that about 75 per cent of the companies at issue had not performed or completed the required risk assessments; over 50 of the inspected companies had not measured exposures in the workplace atmosphere; a third of the employees had not received the required training for the job; and the use of personal protective equipment and ventilation was also lacking. All of these points are obligatory requirements according to the WEA. A large number of these companies were followed-up with a second round of inspections. The results were that significant improvements could be noted including that: the number of automobile workshops that had performed risk assessments increased from 25 to 75 per cent; exposure measurement in the work atmosphere for the graphic industry increased from 40 to 72 per cent; significant improvements were observed on all measures concerning chemical hazards (safety training, exposure measurements, provision of occupational health, safety management plans, etc.). Members of the Norwegian tripartite ILO committee had occasion to comment on these inspections reports and the Norwegian Confederation of Trade Unions (LO) observed that the findings demonstrated the need for continued inspections concerning the implementation of the Convention. Noting this detailed information with interest, the Committee invites the Government to ensure a longer term follow-up to this experience and to indicate the possible impact of this experience on the Government’s overall strategy in the area of enforcement of national legislation in this area.

Part V of the report form. Application in practice. Statistical information. Reference is made to the comments made in the context of the application of the Occupational Safety and Health Convention, 1981 (No. 155), regarding statistical information provided and the request for further information in that context.

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:

Article 3, paragraph 2, of the Convention. Periodical review of national laws and regulations. The Committee notes from the Government’s report under Convention No. 139 that since September 2003, the Labour Inspection Authority (Arbejdstilsynet) has been revising the Asbestos Ordinance (No. 600 of 6 August 1991). It hopes that this will include the introduction of a practice providing for a regular review of national laws and regulations in the light of new products, technical progress and advances in scientific knowledge. The Committee requests the Government to provide a copy of the revised legislation with its next report.

The Committee notes the Government’s statement that the prohibition against work involving exposure to asbestos and material containing asbestos for persons below the age of 18 years is now regulated in section 9(1g) of Ordinance No. 551 of 30 April 1998 in respect of work performed by children and young workers (as amended up to Ordinance No. 1791 of 19 December 2002). It also notes the statement that section 8(1) of the Working Environment Act (Act No. 4 of 1977) has been amended to implement EU Directives 76/769/EU and 83/477/EU with respect to exposure to asbestos at work and that this amendment entered into force on 1 January 2005. The Committee requests the Government to provide a copy of this amendment with its next report.

Article 3, paragraphs 3 and 4. Permitted derogations from the preventive and protective measures. The Committee notes the Government’s statement that dispensations granted by the Labour Inspection Authority under section 3 of the Asbestos Ordinance are limited in time. It notes, in particular, that the majority of them are of temporary nature, such as a few days for the obligation to make an x‑ray examination under section 37 and to attend a training course under section 23. It notes the Government’s statement of the use made of the notification form under section 24 and that this form must demonstrate that the planned safety measures are sufficient. The Committee requests the Government to continue to provide information on permitted derogations and to provide information on consultations with the most representative organizations of employers and workers concerned.

Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes the Government’s statement that section 13(2) of the Working Environment Act requires an employer to provide alternative suitable work to those workers whose continued assignment to their work tasks is medically inadvisable, in accordance with the Convention. The Committee requests the Government to indicate in its next report the application in practice of this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government and the indication given that there is a high degree of underreporting. From the information provided it notes that the number of occupational injuries due to exposure to asbestos has been reduced from 392 cases in 1999 down to 275 cases in 2003. It further notes that the number of labour inspections resulting in sanctions have increased from 17 in 1999 to 28 in 2003. The Committee requests the Government to continue to provide similar statistical information with its next report.

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 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:

Article 4 of the Convention. National legislation. The Committee notes the Government’s statement that the legislation applicable to this Convention is being revised and notes with interest that, as a result, Ordinance No. 794 on safety, health and the working environment in mining was adopted on 30 June 2005 and entered into force on 1 July 2005. 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, which entered into force on 1 January 2006. The Committee notes that the newly enacted legislation ensures the application of the Convention. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, including extracts from inspection reports, the number and nature of infringements reported, statistical information on the number of workers covered by the Convention, disaggregated by gender.

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:

Article 7 of the Convention. Young workers. The Committee notes that young workers between the ages of 16 and 18 years are prohibited from performing work involving exposure to ionizing radiation under the Regulations on Employment of Children and Young Workers (Ordinance No. 551 of 30 April 1998, section 9(a)). It notes that under section 10, young workers between the ages of 16 and 18 years may be exempted from this prohibition with respect to their vocational training if the effective dose does not exceed 5 mSv within a 12-month period and that young workers would then be covered by Ordinance No. 1362 of 21 November 2003 on Radiation Protection and Use of Radiation (as amended up to Ordinance No. 167 of 18 February 2005) (RPR). For example, persons in that age category can invoke the right to medical examination before being assigned to work involving ionizing radiation. The Committee notes that this possibility of exemption is not applicable to young persons under the age of 16 years, in conformity with the Convention. The Committee requests the Government to provide examples in its next report on exemptions granted under section 10 above.

Article 8. Dose limits for non-radiation workers. The Committee notes that section 20(3) of the RPR prescribes that, at workplaces where sources for ionizing radiation are used, arrangements should be made to ensure that workers outside restricted areas are not exposed to radiation doses exceeding 1 mSv per year. With reference to the ICRP recommendation of 1990 referred to in paragraph 14 of the Committee’s general observation of 1992 under the Convention in which it was indicated that the dose limit for members of the public should not exceed 1 mSv per year averaged over five years, the Committee requests the Government to provide additional information on how this provision is applied in practice.

Article 11. Appropriate monitoring of exposure levels. The Committee notes that, under section 7 of the RPR, workers shall have the competence, be properly instructed and that written work procedures shall exist, in accordance with the Convention. It also notes under section 22 of the RPR that workers within a controlled or monitored area shall carry a personal dosimeter or their personal radiation exposure shall be ascertained by other means. The Committee requests the Government to provide information in its next report as to how the personal radiation exposure levels are ascertained “by other means” for workers not having a personal dosimeter.

Article 12. Medical examination. The Committee notes that section 5 of the Ordinance on work involving ionizing radiation regulates the compulsory medical examination of workers before the commencement of work involving ionizing radiations of doses of more than 6 mSv during a time period of 12 months, in accordance with the Convention. It further notes that workers who may be exposed to more than 6 mSv within a time period of 12 months shall have a medical examination on a regular basis every third year. A medical examination shall also be carried out if the worker herself/himself so explicitly requests or if a medical doctor so decides. The Committee requests the Government to clarify the frequency at which medical examinations are carried out.

Article 13. Emergency work. The Committee notes that, under section 9 of the RPR, undertakings shall make an assessment of the risk factors associated with the use of radiation and on this basis take action to prevent risks and any possible loss of radiation sources by drawing up an emergency preparedness plan. It notes with interest that, in accordance with its general observation of 1992 under the Convention, section 21(3) of the RPR states that work involving exposure in excess of 50 mSv may only be carried out by volunteers who have been thoroughly informed of the risks and hazards involved (women of fertile age may participate provided they are not pregnant) and that it is only permitted for emergency situations to save lives, avoid serious damage to health or prevent a dramatic escalation of the accident and that exposure in excess of 500 mSv can only be permitted in order to save lives after a thorough assessment has been made and it is recognized that the benefits clearly outweigh the costs in the form of health risk to the rescue personnel.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that section 5(7) of the Ordinance on work involving ionizing radiation provided that workers with a medical certificate stating that they cannot work with ionizing radiation shall be transferred to work without occupational exposure to ionizing radiation. It notes the Government’s statement that relocation is not considered necessary in cases where shielding is dimensioned in such a way that the additional occupational radiation lies within the variations in the level of background radiation. The Committee also notes the observations submitted by the Confederation of Trade Unions (LO) expressing their concern that the legislation does not provide for a right per se for workers to be provided with alternative employment. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide detailed information in its next report on the practical application of this Article, taking into consideration the general observation of 1992 under the Convention.

Article 15. Inspection services. The Committee notes under section 42(2) of the RPR that the Norwegian Radiation Protection Authority (NRPA) carries out inspections. It notes that the NRPA may demand rectification where activities conflict with the provisions of the Regulations (section 43). The Committee requests the Government to provide detailed information with its next report of the activities carried out in this respect, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

Part III of the report form. Authorities. The Committee notes that the Norwegian Radiation Protection Authority (NRPA) supervises the application of the RPR and that it may lay down individual decisions as necessary for this purpose (section 42(1)). Having previously noted the Government’s statement that, with respect to medical examinations, it is the Labour Inspection Authority who is the competent authority, the Committee requests the Government to provide detailed information in its next report on measures taken or envisaged by the NRPA and the Labour Inspection Authority to supervise and enforce the legislation. It further notes the Government’s statement that a number of guidelines and codes of practices are currently being prepared and requests the Government to provide copies of them once they are adopted.

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:

Article 4 of the Convention. Adoption of laws and regulations to ensure the application of the general principles. The Committee notes that section 12 of the consolidated Working Environment Act (Act No. 4 of 4 February 1977) and Ordinance No. 170 of 16 February 1995 on workplaces and work premises ensures the application of Parts I and II of the Convention. The Committee asks the Government to provide information with its next report on measures taken or envisaged to adopt specific guidelines or directives to give effect to the provisions of Recommendation No. 120.

Parts III and IV of the report form. The Committee also asks the Government to provide information with its next report on a general appreciation of the manner in which the Convention is applied, including the number of workers covered by the legislation, if possible disaggregated by sex, and statistical information on labour inspections carried out in order to enable the Committee to fully assess the application of the Convention.

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.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee takes note of the last report received from the Government referring to the observations made by the Confederation of Norwegian Business and Industry (NHO). It would draw the Government’s attention to the following points.

Articles 3 and 4 of the Convention. Consultation with employers’ and workers’ organizations on national policy related to chemicals. With regard to the comments of the NHO on the current development of a strategic legislation on chemicals in the EU, the Government acknowledges that the competent authorities are not always able to monitor the development of the new European chemicals rules “REACH” (Registration, Evaluation and Authorization of Chemicals) in detail as would be desirable due to lack of resources. The Committee requests the Government to explain the implications the above-indicated lack of monitoring it has with regard to consultations to be held with the most representative organizations of employers and workers with a view to the formulation, implementation and periodical review of a coherent national policy designed to give effect to the provisions of this Convention.

Article 5. Prohibition and restriction of hazardous chemicals. As concerns the competent authority having the power to prohibit or restrict the use of certain hazardous chemicals, the Government indicates that the Norwegian Pollution Control Authority governs the implementation of the European Restrictions Directive (76/769/EEC) through the Regulations on restrictions in the use of health – and environmentally – hazardous chemicals and other products. The Committee however notes that the provisions of the above Norwegian Regulation do not include provisions regarding the prohibition or restriction of certain hazardous chemicals. It therefore requests the Government to indicate the legal provision or text, which enables the Norwegian Pollution Control Authority to prohibit or restrict the use of certain hazardous chemicals.

Article 6. Classification system of chemicals. With regard to systems and specific criteria appropriate for the classification of chemicals according to their type and degree of their inherent health and physical hazards and for assessing the relevance of information required to determine whether a chemical is hazardous, the Committee notes the Government’s indication that, following the comments of the NHO Regulation No. 1139 of 2002 on classification, labelling, etc., of dangerous chemicals, adopted to implement the European Directives on dangerous substances and preparations, have not been revised since. Hence, Regulation No. 1139 of 2002 still contains certain exceptions from the corresponding European Directives as regards the requirements set for the classification and labelling of 12 individual substances containing organic solvents. However, these exceptions will apply until 1 July 2005. Hence, given the deadline of 1 July 2005, the Committee requests the Government to indicate whether it intends to adopt regulations which do not provide for any exceptions regarding the classification requirements of dangerous chemicals, in order to give full effect to Article 6 of the Convention. As to the competent authority responsible for the classification of chemicals as hazardous, the Committee notes the Government’s indication that, following changes of names, the bodies competent for supervising compliance with Regulation No. 1139 of 2002, on classification, labelling, etc., of dangerous chemicals are the Norwegian Control Authority, the Directorate of Labour Inspection, the Directorate for Civil Protection and Emergency Planning and the Petroleum Safety Authority. The Committee requests the Government to explain whether the above authorities may act independently or whether they have to coordinate their activities.

Part III of the report form. Tribunal decisions and investigations on cases involving questions related to the application of the Convention. The Committee notes the compilation of cases which are under investigation or where fines have been imposed. It notes that the fines have been mostly imposed for violations of provisions of the Working Environment Act. The Committee further notes that in some cases the fines have not been accepted. It therefore requests the Government to indicate the legal consequences to be faced by enterprises which do not accept the fine imposed on them due to the violation of legislation. As to the cases which are still under investigation, the Committee asks the Government to keep it informed about their results. With regard to the case against “Jotun”, the Committee notes the Government’s indication that this case first was not pursued further in 2000 and that the National Authority for Investigation and Prosecution of Economic and Environmental Crime, after having considered reopening the case, had decided in December 2001 not to do so. The Committee therefore requests the Government to indicate the subject of this case and to specify the grounds for not having reopened the case.

Part V of the report form. Practical application. The Committee notes the Government’s indication that no systematic study has been made regarding the effects of the Convention on employment and occupation. However, the Labour Inspection Authority has taken steps to enhance the scope and quality of its supervision related to chemical health hazards. To this effect, the inspection officers have been trained and the Labour Inspection Authority is currently conducting a major campaign in four different industries, the objective of which is to raise the knowledge on chemical health hazards and to reduce the probability that workers develop solvent-related disorders as well as skin and respiratory diseases. A further result of this campaign will be a better implementation of this Convention in enterprises. The Committee requests the Government to supply, with its next report, information on the outcome of this campaign. With regard to statistics showing the manner in which the Convention is applied in the country, the Government indicates that, while no statistics are available on the number of violations of the chemicals legislation, statistics on the number of sanctions applied are available for the years 2002 and 2003. The Committee, while noting the statistical data on the number of sanctions applied, invites the Government to proceed to the establishment of statistics containing both the number of violations recorded and the number of sanctions imposed. The Committee would draw the Government’s attention to the fact that information on the number of sanctions imposed could only serve as indicator for the application of a Convention in practice, if it is linked with information on the number of violations recorded.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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.

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 the legislation applicable to this Convention is being revised and notes with interest that, as a result, Ordinance No. 794 on safety, health and the working environment in mining was adopted on 30 June 2005 and entered into force on 1 July 2005. 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, which entered into force on 1 January 2006. The Committee notes that the newly enacted legislation ensures the application of the Convention. The Committee requests the Government to provide additional information in its next report on the practical application of the Convention, including extracts from inspection reports, the number and nature of infringements reported, statistical information on the number of workers covered by the Convention, disaggregated by gender.

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

1. Further to its observation, the Committee notes the observations submitted by the Confederation of Trade Unions (LO) on the application of Article 14 and requests the Government to provide additional information on the following points.

2. Article 7 of the Convention. Young workers. The Committee notes that young workers between the ages of 16 and 18 years are prohibited from performing work involving exposure to ionizing radiation under the Regulations on Employment of Children and Young Workers (Ordinance No. 551 of 30 April 1998, section 9(a)). It notes that under section 10, young workers between the ages of 16 and 18 years may be exempted from this prohibition with respect to their vocational training if the effective dose does not exceed 5 mSv within a 12-month period and that young workers would then be covered by Ordinance No. 1362 of 21 November 2003 on Radiation Protection and Use of Radiation (as amended up to Ordinance No. 167 of 18 February 2005) (RPR). For example, persons in that age category can invoke the right to medical examination before being assigned to work involving ionizing radiation. The Committee notes that this possibility of exemption is not applicable to young persons under the age of 16 years, in conformity with the Convention. The Committee requests the Government to provide examples in its next report on exemptions granted under section 10 above.

3. Article 8. Dose limits for non-radiation workers. The Committee notes that section 20(3) of the RPR prescribes that, at workplaces where sources for ionizing radiation are used, arrangements should be made to ensure that workers outside restricted areas are not exposed to radiation doses exceeding 1 mSv per year. With reference to the ICRP recommendation of 1990 referred to in paragraph 14 of the Committee’s general observation of 1992 under the Convention in which it was indicated that the dose limit for members of the public should not exceed 1 mSv/year averaged over five years, the Committee requests the Government to provide additional information on how this provision is applied in practice.

4. Article 11. Appropriate monitoring of exposure levels. The Committee notes that under section 7 of the RPR, workers shall have the competence, be properly instructed and that written work procedures shall exist, in accordance with the Convention. It also notes under section 22 of the RPR that workers within a controlled or monitored area shall carry a personal dosimeter or their personal radiation exposure shall be ascertained by other means. The Committee requests the Government to provide information in its next report as to how the personal radiation exposure levels are ascertained "by other means" for workers not having a personal dosimeter.

5. Article 12. Medical examination. The Committee notes that section 5 of the Ordinance on work involving ionizing radiation regulates the compulsory medical examination of workers before the commencement of work involving ionizing radiations of doses of more than 6 mSv during a time period of 12 months, in accordance with the Convention. It further notes that workers who may be exposed to more than 6 mSv within a time period of 12 months shall have a medical examination on a regular basis every third year. A medical examination shall also be carried out if the worker herself/himself so explicitly requests or if a medical doctor so decides. The Committee requests the Government to clarify the frequency at which medical examinations are carried out.

6. Article 13. Emergency work. The Committee notes that, under section 9 of the RPR, undertakings shall make an assessment of the risk factors associated with the use of radiation and on this basis take action to prevent risks and any possible loss of radiation sources by drawing up an emergency preparedness plan. It notes with interest that, in accordance with its general observation of 1992 under the Convention, section 21(3) of the RPR states that work involving exposure in excess of 50 mSv may only be carried out by volunteers who have been thoroughly informed of the risks and hazards involved (women of fertile age may participate provided they are not pregnant) and that it is only permitted for emergency situations to save lives, avoid serious damage to health or prevent a dramatic escalation of the accident and that exposure in excess of 500 mSv can only be permitted in order to save lives after a thorough assessment has been made and it is recognized that the benefits clearly outweigh the costs in the form of health risk to the rescue personnel.

7. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that section 5(7) of the Ordinance on work involving ionizing radiation provided that workers with a medical certificate stating that they cannot work with ionizing radiation shall be transferred to work without occupational exposure to ionizing radiation. It notes the Government’s statement that relocation is not considered necessary in cases where shielding is dimensioned in such a way that the additional occupational radiation lies within the variations in the level of background radiation. The Committee also notes the observations submitted by the Confederation of Trade Unions (LO) expressing their concern that the legislation does not provide for a right per se for workers to be provided with alternative employment. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. The Committee requests the Government to provide detailed information in its next report on the practical application of this Article, taking into consideration the general observation of 1992 under the Convention.

8. Article 15. Inspection services. The Committee notes under section 42(2) of the RPR that the Norwegian Radiation Protection Authority (NRPA) carries out inspections. It notes that the NRPA may demand rectification where activities conflict with the provisions of the Regulations (section 43). The Committee requests the Government to provide detailed information with its next report of the activities carried out in this respect, for example, extracts from inspection reports and, if available, information on the number of workers covered by the legislation, disaggregated by sex, if available, the number and nature of contraventions reported, the number and cause of accidents recorded and the measures taken to remedy them.

9. Part III of the report form. Authorities. The Committee notes that the Norwegian Radiation Protection Authority (NRPA) supervises the application of the RPR and that it may lay down individual decisions as necessary for this purpose (section 42(1)). Having previously noted the Government’s statement that, with respect to medical examinations, it is the Labour Inspection Authority who is the competent authority, the Committee requests the Government to provide detailed information in its next report on measures taken or envisaged by the NRPA and the Labour Inspection Authority to supervise and enforce the legislation. It further notes the Government’s statement that a number of guidelines and codes of practices are currently being prepared and requests the Government to provide copies of them once they are adopted.

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

1. The Committee notes the information contained in the Government’s reports.

2. Article 4 of the Convention. Adoption of laws and regulations to ensure the application of the general principles. The Committee notes that section 12 of the consolidated Working Environment Act (Act No. 4 of 4 February 1977) and Ordinance No. 170 of 16 February 1995 on workplaces and work premises ensures the application of Parts I and II of the Convention. The Committee asks the Government to provide information with its next report on measures taken or envisaged to adopt specific guidelines or directives to give effect to the provisions of Recommendation No. 120.

3. Parts III and IV of the report from. The Committee also asks the Government to provide information with its next report on a general appreciation of the manner in which the Convention is applied, including the number of workers covered by the legislation, if possible disaggregated by sex, and statistical information on labour inspections carried out in order to enable the Committee to fully assess the application of the Convention.

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 2005, published 95th ILC session (2006)

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

2. Article 3, paragraph 2, of the Convention. Periodical review of national laws and regulations. The Committee notes from the Government’s report under Convention No. 139 that since September 2003, the Labour Inspection Authority (Arbejdstilsynet) has been revising the Asbestos Ordinance (No. 600 of 6 August 1991). It hopes that this will include the introduction of a practice providing for a regular review of national laws and regulations in the light of new products, technical progress and advances in scientific knowledge. The Committee requests the Government to provide a copy of the revised legislation with its next report.

3. The Committee notes the Government’s statement that the prohibition against work involving exposure to asbestos and material containing asbestos for persons below the age of 18 years is now regulated in section 9(1g) of Ordinance No. 551 of 30 April 1998 in respect of work performed by children and young workers (as amended up to Ordinance No. 1791 of 19 December 2002). It also notes the statement that section 8(1) of the Working Environment Act (Act No. 4 of 1977) has been amended to implement EU Directives 76/769/EU and 83/477/EU with respect to exposure to asbestos at work and that this amendment entered into force on 1 January 2005. The Committee requests the Government to provide a copy of this amendment with its next report.

4. Article 3, paragraphs 3 and 4. Permitted derogations from the preventive and protective measures. The Committee notes the Government’s statement that dispensations granted by the Labour Inspection Authority under section 3 of the Asbestos Ordinance are limited in time. It notes, in particular, that the majority of them are of temporary nature, such as a few days for the obligation to make an x-ray examination under section 37 and to attend a training course under section 23. It notes the Government’s statement of the use made of the notification form under section 24 and that this form must demonstrate that the planned safety measures are sufficient. The Committee requests the Government to continue to provide information on permitted derogations and to provide information on consultations with the most representative organizations of employers and workers concerned.

5. Article 4. Consultations with the most representative organizations of employers and workers concerned. The Committee notes the Public Administration Act (10 February 1967) provided by the Government, and particularly section 37 ensuring that the organizations and institutions concerned are given the opportunity to express their views before regulations are issued, amended or revoked, in accordance with the Convention.

6. Article 21, paragraph 3. Information to workers of the results of their medical examination. The Committee notes the information provided by the Government that section 3(2) of Act No. 63 of 2 July 1999 on patients’ rights ensures the workers’ right to get adequate information on the results of their medical examinations and to receive individual advice concerning their health in relation to their work, in accordance with the Convention.

7. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes the Government’s statement that section 13(2) of the Working Environment Act requires an employer to provide alternative suitable work to those workers whose continued assignment to their work tasks is medically inadvisable, in accordance with the Convention. The Committee requests the Government to indicate in its next report the application in practice of this Article of the Convention.

8. Part V of the report form. Statistical information. The Committee notes the statistical information provided by the Government and the indication given that there is a high degree of underreporting. From the  information provided it notes that the number of occupational injuries due to exposure to asbestos has been reduced from 392 cases in 1999 down to 275 cases in 2003. It further notes that the number of labour inspections resulting in sanctions have increased from 17 in 1999 to 28 in 2003. The Committee requests the Government to continue to provide similar statistical information with its next report.

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

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

2. Article 1 of the Convention. Giving effect to the Convention. The Committee notes with interest the adoption of Ordinance No. 1362 of 21 November 2003 on Radiation Protection and Use of Radiation (as amended up to Ordinance No. 167 of 18 February 2005) (Ordinance No. 1362) that entered into force on 1 January 2004, implementing the provisions of Act No. 36 of 12 May on Radiation Protection and the Use of Radiation, replacing to a certain extent the Ordinance on work involving ionizing radiation (No. 1157 of 14 June 1985, as amended up to Ordinance No. 494 of 1 March 2004). The Committee notes the Government’s statement that the harmonization between the two sets of rules is based upon the specialist competence possessed, respectively, by the Labour Inspection Authority (Arbeidstilsynet) and the Radiation Protection Authority (Statens strålevern). The Committee notes that the dose limits are regulated by the Radiation Protection Authority, while the provisions on medical examinations will continue to be regulated by the Ordinance on work involving ionizing radiation.

3. Articles 3, paragraph 1, and 6, paragraph 2. Maximum permissible doses of ionizing radiation. The Committee notes with satisfaction the Government’s statement that Ordinance No. 1362 is based on recent recommendations from international organizations (ICRP, IAEA and EU) and that section 21 of Ordinance No. 1362 prescribes a dose limit of 20 mSv per calendar year for workers over the age of 18 years, provides that the dose limit for young workers (between the age of 16 and 18 years), as part of their vocational training, shall not exceed 5 mSv per year and that with respect to pregnant women (once the pregnancy has been notified) the dose to the foetus shall not exceed 1 mSv, which are all in compliance with the 1990 ICRP Recommendations.

4. The Committee is raising certain other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report referring to the observations made by the Confederation of Norwegian Business and Industry (NHO). It would draw the Government’s attention to the following points.

1. Articles 3 and 4 of the Convention. Consultation with employers’ and workers’ organizations on national policy related to chemicals. With regard to the comments of the NHO on the current development of a strategic legislation on chemicals in the EU, the Government acknowledges that the competent authorities are not always able to monitor the development of the new European chemicals rules "REACH" (Registration, Evaluation and Authorization of Chemicals) in detail as would be desirable due to lack of resources. The Committee requests the Government to explain the implications the above-indicated lack of monitoring it has with regard to consultations to be held with the most representative organizations of employers and workers with a view to the formulation, implementation and periodical review of a coherent national policy designed to give effect to the provisions of this Convention.

2. Article 5. Prohibition and restriction of hazardous chemicals. As concerns the competent authority having the power to prohibit or restrict the use of certain hazardous chemicals, the Government indicates that the Norwegian Pollution Control Authority governs the implementation of the European Restrictions Directive (76/769/EEC) through the Regulations on restrictions in the use of health - and environmentally - hazardous chemicals and other products. The Committee however notes that the provisions of the above Norwegian Regulation do not include provisions regarding the prohibition or restriction of certain hazardous chemicals. It therefore requests the Government to indicate the legal provision or text, which enables the Norwegian Pollution Control Authority to prohibit or restrict the use of certain hazardous chemicals.

3. Article 6. Classification system of chemicals. With regard to systems and specific criteria appropriate for the classification of chemicals according to their type and degree of their inherent health and physical hazards and for assessing the relevance of information required to determine whether a chemical is hazardous, the Committee notes the Government’s indication that, following the comments of the NHO Regulation No. 1139 of 2002 on classification, labelling, etc., of dangerous chemicals, adopted to implement the European Directives on dangerous substances and preparations, have not been revised since. Hence, Regulation No. 1139 of 2002 still contains certain exceptions from the corresponding European Directives as regards the requirements set for the classification and labelling of 12 individual substances containing organic solvents. However, these exceptions will apply until 1 July 2005. Hence, given the deadline of 1 July 2005, the Committee requests the Government to indicate whether it intends to adopt regulations which do not provide for any exceptions regarding the classification requirements of dangerous chemicals, in order to give full effect to Article 6 of the Convention. As to the competent authority responsible for the classification of chemicals as hazardous, the Committee notes the Government’s indication that, following changes of names, the bodies competent for supervising compliance with Regulation No. 1139 of 2002, on classification, labelling, etc., of dangerous chemicals are the Norwegian Control Authority, the Directorate of Labour Inspection, the Directorate for Civil Protection and Emergency Planning and the Petroleum Safety Authority. The Committee requests the Government to explain whether the above authorities may act independently or whether they have to coordinate their activities.

4. Part III of the report form. Tribunal decisions and investigations on cases involving questions related to the application of the Convention. The Committee notes the compilation of cases which are under investigation or where fines have been imposed. It notes that the fines have been mostly imposed for violations of provisions of the Working Environment Act. The Committee further notes that in some cases the fines have not been accepted. It therefore requests the Government to indicate the legal consequences to be faced by enterprises which do not accept the fine imposed on them due to the violation of legislation. As to the cases which are still under investigation, the Committee asks the Government to keep it informed about their results. With regard to the case against "Jotun", the Committee notes the Government’s indication that this case first was not pursued further in 2000 and that the National Authority for Investigation and Prosecution of Economic and Environmental Crime, after having considered reopening the case, had decided in December 2001 not to do so. The Committee therefore requests the Government to indicate the subject of this case and to specify the grounds for not having reopened the case.

5. Part V of the report form. Practical application. The Committee notes the Government’s indication that no systematic study has been made regarding the effects of the Convention on employment and occupation. However, the Labour Inspection Authority has taken steps to enhance the scope and quality of its supervision related to chemical health hazards. To this effect, the inspection officers have been trained and the Labour Inspection Authority is currently conducting a major campaign in four different industries, the objective of which is to raise the knowledge on chemical health hazards and to reduce the probability that workers develop solvent-related disorders as well as skin and respiratory diseases. A further result of this campaign will be a better implementation of this Convention in enterprises. The Committee requests the Government to supply, with its next report, information on the outcome of this campaign. With regard to statistics showing the manner in which the Convention is applied in the country, the Government indicates that, while no statistics are available on the number of violations of the chemicals legislation, statistics on the number of sanctions applied are available for the years 2002 and 2003. The Committee, while noting the statistical data on the number of sanctions applied, invites the Government to proceed to the establishment of statistics containing both the number of violations recorded and the number of sanctions imposed. The Committee would draw the Government’s attention to the fact that information on the number of sanctions imposed could only serve as indicator for the application of a Convention in practice, if it is linked with information on the number of violations recorded.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Article 8 of the Convention. Further to its observation and with reference to its previous comments, the Committee notes the Government’s indication that the new regulations to be issued in application of Act No. 36 of 12 May 2000 on Radiation Protection and the Use of Radiation comprise a number of requirements previously set out in technical provisions, including dose limits for non-radiation workers, which shall not exceed 1 mSv per year. The Committee while noting that this dose limit would comply with the dose limit recommended by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations for non-radiation workers, hopes that the regulations will be adopted in a near future in order to give effect to this Article of the Convention. It requests the Government to supply a copy of the new regulations once they have been adopted for in-depth examination.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the information provided by the Government in response to its previous comments. It notes with interest the adoption of the new Act No. 36 of 12 May 2000 on Radiation Protection and the Use of Radiation, effective since 1 July 2000, repealing Act No. 1 of 18 June 1938 relating to the use of X-rays and radium, as well as the adoption of the Regulations of 14 June 1985 on ionizing radiation, as revised on 1 February 2001, which came into effect on 1 July 2001. The Committee notes that the Act on Radiation Protection and the Use of Radiation, 2000, lays down the general lines on radiation protection and empowers the ministry responsible to issue supplementary regulations prescribing the detailed measures to be taken to implement the respective provisions of the Act. In this respect, the Government indicates in its report that a set of regulations to be adopted under the Act on Radiation Protection and the Use of Radiation, 2000, are now in process and it is planned to put them into force on 1 January 2004. The content of the regulations is based to a large extent on the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) and on Council Directive 96/29/Euratom of 13 May 1996. In the light of this and with reference to its previous comments, the Committee draws the Government’s attention to the following points.

1. Article 13 of the Convention. Emergency exposure situations. The Committee notes with interest that Chapter IV, sections 15-17 of the Act on Radiation Protection and the Use of Radiation, 2000, refers to the "Planning of incident and accident management. Emergency preparedness". It notes, in particular, section 15 empowering the ministry to impose, by way of regulations or individual decisions, on undertakings covered by the Act, the duty to establish plans for the handling of incidents and accidents and requirements with regard to exercises. Section 17 authorizes the King to issue regulations prescribing exception from dose limits and other requirements established under this Act in situations "... where implementing a rescue or civil emergency operation makes it necessary". In this regard, the Government indicates that the regulations to be adopted on this issue will replace the "non-legislative emergency planning documents", which previously addressed the issue of emergency situations. The Committee, while hoping that the new regulations will be adopted in the near future, requests the Government to supply a copy of the regulations as soon as they are adopted for in-depth examination to determine the extent to which they would give effect to Article 13 of the Convention.

2. Article 14. The Committee notes section 8, subsection 1, of the Act on Radiation Protection and the Use of Radiation, 2000, according to which persons, who because of young age, pregnancy or other reasons are particularly sensitive to radiation, shall either be assigned to tasks that do not involve exposure to radiation, or be protected by other appropriate measures. The Committee would like the Government to indicate whether section 8 of the above Act provides for the worker’s right to alternative employment possibilities, in the event that continued employment involving exposure to ionizing radiation is contraindicated for health reasons. If this is not the case, the Committee hopes that the Government will take the necessary measures to this effect. In this context, the Committee wishes to point out that the need to find alternative employment for the workers concerned is a general principle of occupational health, which appears in Paragraph 17 of the Occupational Health Services Recommendation, 1985 (No. 171), as well as in Paragraph 27 of the Radiation Protection Recommendation, 1960 (No. 114). Similarly, under Article 11, paragraph 3, of the Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), every effort must be made to provide the workers concerned with suitable alternative employment or to maintain their income through social security measures or otherwise, where continued assignment to work involving exposure is found to be medically unadvisable. Moreover, effective protection of workers as regards health and safety against ionizing radiations, spelt out in Article 3, paragraph 1, of this Convention may require, inter alia, an offer of suitable alternative employment opportunities.

The Committee is also addressing a request directly to the Government on another point.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the comments made by the Confederation of Norwegian Business and Industry (NHO) on the Government’s report and received by the ILO in March 2003. The Committee requests the Government to provide its comments thereon.

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 2002, published 91st ILC session (2003)

The Committee notes the information provided by the Government in its last report. It notes the amendments introduced by the Royal Decree of 30 June 1995 to the Regulations No. 235 on asbestos of 16 August 1991, by which the scope of application of Regulations No. 235 on asbestos were extended to petroleum activities, as well as the adoption of Regulations No. 518 of 21 April 1994 on safety and health services, Regulations No. 534 of 21 April 1995 concerning minimum safety and health requirements at temporary or mobile construction sides, Regulations No. 524 as amended on 22 June 1995 concerning the use of personal protective equipment at the workplace, Regulations No. 523 as amended on 30 April 1998 on construction, design and production of personal protective equipment, Regulations No. 325 as amended on 30 June 1995 concerning mandatory fines in application of the Act No. 4 respecting workers’ protection and the working environment, 1977, and the Guidelines of February 1996 concerning administrative standards for pollutants in the working atmosphere.

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

1. Article 3, paragraph 2, of the Convention. The Committee notes the Government’s indication that no system exists for periodic review of the Asbestos Regulations, but that they will be revised following the revision of the European Council Directives 76/769 and 83/447 concerning asbestos. The Committee wishes to point out the importance to review periodically the relevant laws and regulations, since safety and health risks workers are facing in relation to asbestos might be affected and influenced by the introduction of new products, processes, work organization, technologies and the like, which equally require constant review of the measures to be taken. It accordingly invites the Government to consider the introduction of a practice providing for a regular review of national laws and regulations in the light of the technical progress and advances in scientific knowledge.

2. Article 3, paragraphs 3 and 4. With regard to derogations that might be granted from the preventive and protective measures prescribed by national laws or regulations, the Committee notes again section 3 of Regulations No. 235 on asbestos empowering the Labour Inspectorate to permit derogations from the provisions laid down in these regulations. The Committee recalls the provision of Article 3, of paragraph 3, of the Convention according to which derogations might only be of a temporary nature and have to contain conditions to be determined after consultation with the most representative organizations of employers and workers concerned. The Committee requests the Government to indicate whether those derogations have been granted under conditions and have been limited in time, as provided for by Article 3, of paragraph 3, of the Convention. As to the number of derogations granted, the Government indicates that the Directorate of Labour Inspection does not have figures at its disposal. In this respect, the Committee refers to section 24 of Regulations No. 235 on asbestos providing for notification of employers to the competent authority when work involves the removal of asbestos or other material containing asbestos from a building or technical installation. The Committee supposes that, together with the notification, employers might have asked for derogations from the protective and preventive measures prescribed in Asbestos Regulations No. 235. It therefore requests the Government to indicate at least the number of derogations granted pursuant to section 3 of the above Regulations in relation to demolition work carried out pursuant to section 24.

3. Article 4. The Committee notes the Government’s indication that, pursuant to section 37 of the Public Administration Act, the organizations and institutions concerned must be given the opportunity to express their views before regulations are issued, amended or revoked. The Government adds that the Norwegian Federation of Trade Unions (LO) and the Confederation of Norwegian Business and Industry (NHO) are always consulted before the adoption of regulations concerning the working environment. They also have been consulted before the adoption of the Asbestos Regulations. The Committee takes note of this information and requests the Government to supply, with its next report, a copy of the Public Administration Act for further examination.

4. Article 21, paragraph 3. The Committee notes the Government’s indication that Asbestos Regulations No. 235 do not contain any provision concerning the worker’s right to get adequate information on the results of his or her medical examinations and to receive individual advice concerning his or her health in relation to his or her work. It notes the reference the Government made to section 6(d) of Regulations No. 518 on safety and health services, 1994, requiring the safety and health services to monitor and check workers’ health in relation to the work situation and to undertake the necessary follow-up. In the following, they have to provide information to the workers and the employer on safety and health risks and the work environment (section 6(g)). Pursuant to section 23, subsection 1 of Act No. 4 respecting workers’ protection and the working environment, 1977, the establishment of working environment committees in which the safety and health services are represented is only mandatory in undertakings employing at least 50 workers on a regular basis. The Committee, however, notes from the scope of application set out in section 1 of Regulations No. 518 on safety and health services, 1994, that the monitoring of workers’ health is workplace-related aiming to maintain the health and safety of workers through the monitoring of conditions prevailing in the workplace. In order to achieve this objective, the safety and health service, entrusted with essentially preventive functions, such as the monitoring and control of workers’ health in relation to their work, identifies risks in the workplace that may harm workers’ health. The Committee, in view of the lack of a clear provision, invites the Government to take the appropriate legislative measures to ensure that workers are adequately informed on the results of their health examinations and advised individually on their health in relation to their work, in conformity with this provision of the Convention.

5. Article 21, paragraph 4. The Committee notes the Government’s indication that the employer is obliged to take the necessary action to ensure that workers who are to discontinue their tasks on medical grounds are provided with suitable work. In the event the worker becomes ill or disabled because of exposure to asbestos, his or her income is maintained through social security measures as provided for under the National Insurance Act No. 19 of 28 February 1997, and the Occupational Injury Insurance Act No. 65 of 16 June 1989. Taking note of this information, the Committee requests the Government to specify the provision requiring the employer to provide alternative suitable work to those workers whose continued assignment to their work tasks is medically inadvisable.

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

The Committee notes the Government’s reply to its previous comments based on the observations made by the Norwegian Federation of Oil Workers’ Union (OFS) concerning the marketing and selling, by the Jotun paint company, of a product containing isocyanates, without sufficient labelling and information to protect users. It notes that the Ministry of Labour and Government was dealing with the reporting of Jotun to the police. The Government further indicates that it was not aware of whether the Federation of Offshore Workers’ Trade Unions has access to the statements by the Petroleum Directorate and the Directorate of Labour Inspection. With respect to verification of Jotun’s compliance with the marking/labelling requirements, the Government states that it has inspected hazard-marking/labelling and health, environment and safety data sheets for chemicals containing isocyanate from Jotun, and found the chemicals in question were satisfactorily marked/labelled.

The Committee notes the adoption of the text of Act No. 4 of 4 February 1997 on worker protection and working environment (Working Environment Act), as amended by Act No. 117 of 21 December 2001, as well as the text of the Regulations on Protection against Exposure to Chemicals at the Workplace (Chemicals Regulations) of 30 April 2001, which entered into force on 5 May 2001. The Committee will examine these texts with a view to dealing with the matters raised in the requests addressed directly to the Government which dealt with Articles 6, paragraph 3, and 7, paragraph 3(2); Article 9, paragraph 2; Article 10, paragraph 3; Article 11; Article 12(a) and (d); Article 13, paragraph 1(a); Article 15(c); Article 17; Article 18, paragraphs 2 and 4; and Article 19, of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. With reference to its previous comments, where the Committee noted the Government’s indications that the regulations of 14 June 1985 on ionizing radiation were being amended to bring them into conformity with the dose limits established in the Directive 96/29 EURATOM of 13 May 1996 of the European Council, and that the amendments had been submitted to the different bodies involved in this process, the Committee requests the Government to indicate whether the amendments to the above regulations have been adopted, and, if so, to supply copies of them to the ILO.

2. Further to its previous comments, the Committee would reiterate the comments made on the following points.

Article 8 of the Convention. The Committee notes the Government’s explanation supplied in its last report that, although Norwegian legislation does not provide explicitly for dose limits on non-radiation workers, the dose limits recommended by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations are nevertheless applied in practice through a number of technical provisions. In this respect, the Government indicates that, for example, the radiation protection requirements in well-logging, issued in 1997, the radiation protection requirements for industrial gauges, issued in 1996, and the radiation protection requirements for industrial radiography, issued in 1999, provide for dose limits of 7.5 macro Sievert per hour, equivalent to 1 mSv/year, which is the dose limit recommended by the ICRP in its 1990 Recommendations for non-radiation workers. The Committee, taking due note of this information, requests the Government to explain whether these technical provisions, which, according to the Committee’s understanding, do not have a legal character, are nevertheless binding and thus must be observed by the employer; or whether they only constitute reference values and it is thus left to the discretion of the employer to apply the dose limits fixed in technical provisions. In this relation, the Committee would recall the provision of Article 8 of the Convention which raises a particular concern for workers who, while not directly engaged in radiation and thus not necessarily benefiting from monitoring programmes, special medical examinations etc., may remain in, or pass through, areas where they may be exposed to ionizing radiations. In the case that the abovementioned technical provisions are not binding, the Committee again would invite the Government to examine the possibility to incorporate the dose limits established by technical provisions into national legislation, in order to ensure that workers who are not directly engaged in radiation work are protected effectively, since the employer has the same obligations towards workers not engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the public with respect to sources or practices under the employer’s control.

Part V of the report form. The Committee again notes the Government’s indication that Norwegian legislation and codes of practices are based on recommendations and guidelines published by international organizations, like the ICRP, IAEA, EU etc., and thus applies the general principles of the Convention. The Government nevertheless considers that at present the incorporation of the abovementioned recommendations and guidelines into national legislation is arrived at an only "modest degree". The Government, however, declares that the basic act on the use of X-rays and radium, etc. of 18 June 1938, will be replaced in spring 2000 by a new radiation protection act, which will be followed by the adoption of a number of new regulations, to be issued in application of this act. At this occasion, a number of basic international standards, mainly the 1990 ICRP Recommendations and EU directives, will be incorporated into national legislation. The Government estimates that these measures would lead to a better application of the Convention at national level. The Committee accordingly requests the Government to indicate whether the new radiation protection act and its regulations have been adopted in the meantime and, if that is the case, requests the Government to supply copies of the new act and the regulations. In this context, the Committee would refer to its observation and would again encourage the Government to consider the incorporation of provisions governing the issues of alternative employment and exposure to ionizing radiations in emergency situations into national legislation.

[The Government is asked to report in detail in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the comments made by the Norwegian Federation of Trade Unions (LO), transmitted by the Government in January 2001. While awaiting the Government’s reply, the Committee refers to the comments made by the above workers’ organization in this observation.

1. As a general statement, the LO emphasizes that the ministry, when initiating legislative processes, should make an active effort to incorporate ratified ILO Conventions into Norwegian law, so that the implementation of the ILO Conventions, to which the country is a party, is not only a side effect of the implementation of its obligations under other international legal systems.

2. Article 13 of the Convention. Emergency exposure situations. In its comments, the LO complains that Norwegian legislation lacks rules or guidelines indicating what action should be taken in emergency situations in enterprises where workers are exposed to ionizing radiation. The Committee recalls that the Government had indicated in its previous report of 2000 that, while there were no regulations or codes of practices fixing dose limits for workers’ exposure in emergency situations, the Norwegian Radiation Protection Authority (NRPA), being the competent authority to issue regulations on radiation protection, had established so-called "non-legislative emergency planning documents" which reflect the Recommendations adopted by the International Commission on Radiological Protection (ICRP) in 1990 as concerns the limits for workers’ exposure to ionizing radiation in emergency situations. Taking into consideration the comments transmitted by the LO, the Committee requests once again the Government to indicate the measures taken or envisaged to guarantee that the "non-legislative emergency planning documents" are available in every enterprise where workers are exposed or likely to be exposed to ionizing radiation. The Committee further requests the Government to indicate the measures taken or contemplated as concerns the establishment of emergency plans regarding the design of protective features of the workplace and equipment, as well as the development of emergency intervention techniques. In this respect, the Committee refers to paragraphs 6.1 to 6.3.7 of the 1987 ILO code of practice on radiation protection of workers (ionizing radiations), which contains a set of practical recommendations which could provide guidance to the Government.

3. Article 14. Alternative employment. With regard to the provision of alternative employment, the LO points out that the Norwegian legislation lacks rules concerning the workers’ right to relocate and to change jobs in the event of danger arising out of exposure to ionizing radiation. The Committee recalls that the Government, in its previous report, indicated that neither regulations nor codes of practice exist dealing with the issue of alternative employment. In the light of the comments of the LO, the Committee once again draws the Government’s attention to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, explaining that every effort must be made to provide workers with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued employment in a particular job involving the exposure to ionizing radiation is contra-indicated for health reasons. It requests the Government to indicate the measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

The Committee is also addressing a request directly to the Government on certain other matters.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes with interest that the Regulations concerning dose limits for workers exposed to ionizing radiation of 1995, issued by the Norwegian Radiation Protection Authority (NRPA), establish dose limits in occupational exposure for workers engaged in radiation work, which are in line with the dose limits recommended by the ICRP in its 1990 Recommendations.

It further notes with interest that the Regulations of 14 June 1985 on ionizing radiation are being amended in order to bring them into conformity with the dose limits set out in the Directives EURATOM of the Council of the European Union. With regard to the amendment’s procedure, the Government explains that the proposed amendments have been circulated for comments and have been submitted to the labour inspection’s governing body in June 2000, after approval by the Ministry of Local Government and Regional Affairs. The Committee hopes that the amendments to the abovementioned Regulations will be adopted soon, and requests the Government to supply copies as soon as they are adopted.

2.  Further to its previous comments, the Committee would draw the Government’s attention to the following points.

Article 8 of the Convention.  The Committee notes the Government’s explanation that, although Norwegian legislation does not provide explicitly for dose limits for non-radiation workers, the dose limits recommended by the ICRP in its 1990 Recommendations are nevertheless applied in practice through a number of technical provisions. In this respect, the Government indicates that, for example, the radiation protection requirements in well-logging, issued in 1997, the radiation protection requirements for industrial gauges, issued in 1996, and the radiation protection requirements for industrial radiography, issued in 1999, provide for dose limits of 7,5 macro Sievert per hour, equivalent to 1 mSv/year, which is the dose limit recommended by the ICRP in its 1990 Recommendations for non-radiation workers. The Committee, taking due note of this information, requests the Government to explain whether these technical provisions, which, according to the Committee’s understanding, do not have legal character, are nevertheless binding and thus must be observed by the employer; or whether they only constitute reference values and it is thus left to the discretion of the employer to apply the dose limits fixed in technical provisions. In this relation, the Committee would recall the provision of Article 8 of the Convention which raises a particular concern for workers who, while not directly engaged in radiation work and thus not necessarily benefiting from monitoring programmes, special medical examinations etc., may remain in, or pass through, areas where they may be exposed to ionizing radiations. In the case that the abovementioned technical provisions are not binding, the Committee would invite the Government to examine the possibility to incorporate the dose limits established by technical provisions into the national legislation, in order to ensure that workers who are not directly engaged in radiation work are protected effectively, since the employer has the same obligations towards workers not engaged in radiation work, as far as restricting their radiation exposure is concerned, as if they were members of the public with respect to sources or practices under the employer’s control.

Article 13.   Emergency exposure situations.  With a view to the issue of exposure to ionizing radiation in emergency situations, the Government indicates that, while there are no regulations or codes of practice fixing dose limits for workers’ exposure in emergency situations, the Norwegian Radiation Protection Authority (NRPA), being the competent authority to issue regulations on radiation protection, has established so-called "non-legislative emergency planning documents" which reflect the 1990 ICRP Recommendations on this issue, namely that of workers’ exposure in emergency situations to 0,5 Sv except for life-saving actions. The Committee noting this information requests the Government to explain the degree to which the dose limits established in the "non-legislative emergency planning documents" are binding, and asks the Government to supply a copy of such a document for further examination. The Committee also would draw the Government’s attention to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and the paragraphs V.27 and V.30 of the 1994 International Safety Standards. In this respect, the Committee adds that the reference it made in its 1995bis comments to paragraphs 233 and 236 of the 1994 International Basic Safety Standards referred to the paragraphs of the provisional publication.

Article 14.  Alternative employment.  The Committee notes the Government’s indication to the effect that neither regulations nor codes of practice exist dealing with the issue of alternative employment. The Committee therefore again draws the Government’s attention to paragraphs 28 to 34 and 35(d) of its general observation under the Convention, and the principle reflected in paragraph I.18 (paragraph 96 of the provisional publication) of the 1994 International Basic Safety Standards, and requests the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

3.  Part V of the report form.  The Committee notes the Government’s indication that Norwegian legislation and codes of practices are based on recommendations and guidelines published by international organizations, like the ICRP, IAEA, EU etc., and thus applies the general principles of the Convention. The Government nevertheless considers that at present the incorporation of the abovementioned recommendations and guidelines into national legislation is arrived at an only "modest degree". The Government, however, declares that the basic Act on the use of x-rays and radium etc. of 18 June 1938, will be replaced in spring 2000 by a new radiation protection Act, which will be followed by the adoption of a number of new regulations, to be issued in application of this Act. At this occasion, a number of basic international standards and recommendations, mainly the 1990 ICRP Recommendations and EU Directives, will be incorporated into national legislation. The Government estimates that these measures would lead to a better application of the Convention at national level. The Committee accordingly hopes that the new Act will be adopted soon as well as the regulations to be issued in application of this Act. In this respect, the Committee would again encourage the Government to consider the incorporation of provisions governing the issues of alternative employment and exposure to ionizing radiation in emergency situations into national legislation. The Committee requests the Government to send copies of the new Act and the regulations once they are adopted.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the observations made by the Norwegian Federation of Oil Workers’ Union (OFS), which recalled its previous comments relating to its complaint to the authorities in Norway about the Jotun paint company marketing and selling a product containing isocyanates, without sufficient labelling and information to protect users. The Committee notes that the OFS is very concerned with the Norwegian Government’s lack of implementation of Convention No. 170 into Norwegian regulations - specifically concerning the adequate protection of workers from isocyanates. The union indicates that Norwegian regulations at the moment cover only a small fraction of harmful chemicals. It adds that it is of further concern to it that draft regulations prepared by the Norwegian Government in the early 1990s to cover the known hazards from isocyanates were "shelved" due to economic consequences on the Norwegian industry. The OFS has complained to the police on this enclosing newspaper articles alleging that the Government has given economic considerations priority over workers’ health and life.

The Committee notes the Government’s reply in which it maintains the viewpoint that Norway has complied with the requirements set out in Convention No. 170 and refers the Committee to its previous reply. With respect to recent developments in regulations and other publications regarding isocyanates, the Government indicates that the Norwegian Directorate of Labour Inspection put out a publication concerning the production and use of isocyanates in 1996. The Directorate is currently drafting a new regulation regarding chemical agents at work, which will be implementing Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work. This Directive regulates risk assessment, protection and prevention measures, information and training for workers and health surveillance. The Government’s report states that the Norwegian regulation will cover all types of chemical agents, including isocyanates.

The Government indicates further that in the autumn of 1998, the Norwegian Directorate of Labour Inspection wrote a letter to 900 manufacturers, stressing the importance of health-hazard labelling, that HES data sheets for their products are in accordance with chemicals regulations, and that the manufacturers provide complete health-hazard information to users. According to the Government, this request led to an increasing awareness among the manufacturers concerning these issues.

The Government’s report also indicates that in the summer of 1999, the Labour Directorate ran a campaign in the construction industry with a focus on all conditions pertaining to the use of chemicals in this industry. The campaign revealed that 8.1 per cent of the enterprises did not have satisfactory health-hazard labelling or health-hazard information on isocyanates. The enterprises were given orders to correct the situation, and in accordance with standard procedure, the district offices of the Labour Inspection Authority were made to follow up these injunctions.

The Committee hopes the Government will soon complete the drafting of new regulations regarding chemicals at work, covering all types of chemical agents, including isocyanates, and implementing Council Directive 98/24/EC of April 1998. It trusts the Government will take full account of the requirements of Article 3 of the Convention which calls for the consultation of the most representative organizations of employers and workers concerned when measures are taken to give effect to the provisions of the Convention. (The Committee also notes with interest that section 11 of said Directive calls for consultations and participation of workers and/or their representatives on matters covered by the Directive, including its annexes.) The Committee would be grateful if the Government would continue to provide full particulars in this regard and that it will communicate a copy of the new regulations when adopted.

The Committee notes that the Government’s report does not contain a reply to its previous comments relating to the complaint of the OFS against the company Jotun AS for violation of labelling regulations and of the regulations concerning HES data sheets involving the product "Hard Comp B". It recalls that the Government had indicated that once the police investigation was completed, it would release the document containing both statements made by the Petroleum Directorate and the Directorate of Labour Inspection in this regard. It trusts the Government will communicate information on the measures taken to give access to the OFS to inspect the said statements when the police investigation is concluded. The Committee trusts the Government will also take the necessary measures in the meantime to ensure that the Jotun paint company as satisfactorily applies the provisions of the regulations concerning the health, environmental and safety (HES) regulations relating to the essential information that should be indicated in the labels of hazardous chemicals, as provided for in Articles 7 and 10 of the Convention.

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.

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

The Committee notes the comments made by the Norwegian Federation of Oil Workers' Trade Unions (OFS) which were communicated to the Government in August 1998 for its comments. The OFS indicates that it has been, for the last 18 months, complaining to the authorities in Norway about the Jotun paint company marketing and selling a product containing isocyanates, without sufficient labelling and information to protect users. The OFS states that in the autumn of 1997, the Norwegian Petroleum Directorate of Labour Inspection gave official statements concerning the prosecution of the Jotun paint company. OFS finds it reasonable to believe that these statements are critical of the Jotun company and the marketing and selling of their products. In the opinion of the OFS, had these official statements been made public, they could have helped safeguard the health of the members of the OFS and other users of the products. The OFS indicates that it has been refused copies of the official statements despite repeated requests made to the authorities for them.

The Committee notes the Government's reply which states that in Norway chemicals containing isocyanates must be labelled as a health hazard in accordance with regulations on classification, labelling etc., of hazardous chemicals. Health, environmental and safety (HES) regulations also require the preparation of HES data sheets. Chemicals that require labelling under the labelling regulations and are manufactured or imported in quantities of 100 kilos or more have to be declared to the Norwegian Product Register. The Government adds that Norwegian authorities take a very serious view of the fact that the information that manufacturers and importers provide on their products containing isocyanates falls short of the legal requirements. Accordingly, this autumn the Directorate of Labour Inspection has asked 900 manufacturers, importers and marketers of isocyanates to make certain that health-hazard labelling and HES data sheets for their products are in accordance with the regulations and that they provide complete health-hazard information to users. Concurrently, establishments are made particularly aware of the obligation to declare products to the Product Register. Coercive fines or sales bans will be imposed by the Directorate of Labour Inspection if the legal provisions on health-hazard labelling and HES data sheets are violated, and establishments have been informed to this effect. Moreover, the Directorate of Labour Inspection will in 1999 run a campaign in the construction industry with the focus on all conditions pertaining to the use of chemicals in this industry. The Government is therefore of the view that Norway has fully complied with the requirements of the Convention.

With respect to the details of the comments made by the OFS, the Government indicates that during the investigation of the complaint by the OFS against the company Jotun AS for violation of the labelling regulations and of the regulations concerning HES data sheets involving the product "Hard Comp B", both the Petroleum Directorate and the Directorate of Labour Inspection made statements to the police, which statements were in the nature of guidance and contain information for police use in the investigation and review of the case. The Government acknowledges that, having reviewed the OFS's petition under section 2, third paragraph of the Freedom of Information Act, the Ministry of Local Government and Regional Affairs confirmed on 10 November 1997, the refusal by the police and the Public Prosecutor, to permit the OFS to inspect the Petroleum Directorates's statement for the duration of the investigation based on section 6, subsection 5, of the Freedom of Information Act and the Criminal Procedure Act which give a right to except from the public domain documents prepared in connection with a concrete violation of the law. The Government indicates that once the police investigation is completed, the Ministry of Local Government and Regional Affairs will have no hesitation about freeing the document.

The Committee notes this information and requests the Government to communicate information on measures taken to provide access to the OFS to inspect the said statements as soon as the police investigation of the case in question is concluded. In the meantime, the Committee would be grateful if the Government would take the necessary measures in order that the Jotun paint company satisfactorily applies the provisions of the regulations concerning the health, environmental and safety (HES) regulations relating to the essential information that should be indicated in the labels of hazardous chemicals, as provided for in Articles 7 and 10 of the Convention.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information provided in the Government's report.

The Committee requests the Government to supply additional information on the following points:

Articles 6, paragraph 3, and 7 paragaph 3(2). Information concerning the way in which systems, specific criteria appropriate for the classification as well as requirements for marking and labelling chemicals take into account the United Nations Recommendations on the transport of dangerous goods.

Article 9, paragaph 2. Measures taken to ensure that revised labels and chemical safety data sheets are prepared and provided to employers, whenever new relevant safety and health information becomes available.

Article 10, paragraph 3. Measures taken to ensure that only chemicals classified and labelled or marked are used at work and that necessary precautions are taken when they are used.

Article 11. Measures taken to ensure that when chemicals are transferred into another container or equipment, the contents are indicated in a manner which will make known to workers their identity and precautions to be observed.

Article 12(a) and (d). Measures taken to ensure that workers are not exposed to chemicals to an extent which exceeds exposure limits or other exposure criteria established by the competent authority, and measures taken in order to prescribe the period for which records of the monitoring of the exposure of workers using chemicals are kept.

Article 13, paragraph 1(a). Information on provisions by which employers shall make an assessment of the risk arising from the use of chemicals at work and shall protect workers against such risks by the choice of chemicals that eliminate or reduce the risk.

Article 15(c). Information on the provisions taken to give effect to the use of information specific to the workplace as a basis for the preparation of instructions to workers.

Article 17. Information concerning provisions or measures obliging workers to cooperate as closely as possible with their employers in the discharge by the employers of their responsibilities and to take all reasonable steps to eliminate or reduce risk to themselves and to others from the use of chemicals at work.

Article 18, paragraphs 2 and 4. Information on the provisions protecting workers who remove themselves from danger resulting from the use of chemicals against undue consequences; information on the provisions permissible to an employer to protect the specific identity of an ingredient of a chemical mixture in the case where disclosure of that identity would be liable to cause harm to the employers' business.

Article 19. Information about the provisions adopted to ensure the collection and communication of the information on the prohibition of all or some uses of hazardous chemicals.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with interest the information provided by the Government in its first and second reports. It requests the Government to provide further information on the following points:

Article 3, paragraphs 3 and 4, of the Convention. The Committee notes that under section 3 of Regulation No. 235 on asbestos, the Labour Inspectorate may grant dispensation from the regulations. The Committee requests the Government to provide information on any such dispensation granted, the conditions and limits of time determined, on the consultations of the most representative organizations of employers and workers and on the precautions taken to protect workers.

Article 4. The Committee notes that the Government refers to section 37 of the Public Services Act. The Committee requests the Government to provide a copy of the Act and information on the consultations which have been held with the most representative organizations of employers and workers concerned.

Article 21, paragraph 3. The Committee requests the Government to indicate the manner in which workers are informed of the results of their medical examinations and receive individual advice concerning their health in relation to their work.

Article 21, paragraph 4. The Committee requests the Government to indicate the efforts made to provide workers concerned with other means of maintaining their income in the event that continued assignment to work involving exposure to asbestos is medically inadvisable.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its previous comments the Committee notes with interest the Government's information in its report that the National Institute of Radiation Hygiene has taken steps to formally implement the new recommendations of the International Commission on Radiation Protection (ICRP). The Committee requests the Government to provide information on the progress achieved in this regard and to transmit a copy of the provisions adopted.

In this relation the Committee also hopes that the Government will provide information on the following specific points raised in its previous direct request:

1. Article 8 of the Convention. With reference to paragraph 14 of its 1992 general observation under the Convention concerning dose limits for non-radiation workers, the Committee has previously stressed that under current ICRP recommendations, workers not engaged in radiation work are not to be exposed to levels of radiation higher than the dose limit for members of the public, set at 1 mSv per year. The Committee noted in this connection that, while in practice the levels of exposure for workers not directly engaged in radiation work may generally be low, a particular concern is raised in Article 8 of the Convention for workers who, while not directly engaged in radiation work (and thus not necessarily benefitting from monitoring programmes, special medical examinations, etc.), may remain in, or pass through, areas where they may be exposed to ionizing radiations. The Committee hopes that in the light of the 1990 ICRP recommendations and the 1994 International Basic Safety Standards, the Government will take the necessary measures to ensure that workers not directly engaged in radiation work are protected as members of the public in so far as restricting their radiation exposure is concerned.

2. Alternative employment. The Committee previously noted the Government's indication that regulations concerning genetic damage and the working environment have been elaborated with a view to entitling both men and women to be transferred to other work if conditions in their working environment involve risk of genetic damage. The Committee expresses again the hope that the Government will provide information on progress made in adopting these regulations and transmit a copy of the regulations once they are adopted. In this connection the Committee would also draw the Government's attention to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, and request the Government to provide information on measures taken or contemplated to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

3. Emergency exposure situations. Referring to the explanations given in paragraphs 16 to 27 and 35(c) of its 1992 general observation under the Convention and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

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

1. Article 8 of the Convention. The Committee notes the information provided by the Government in reply to its previous direct request. It notes the Government's indication that there are no specific plans to introduce new provisions concerning maximum permissible doses for workers who are not directly engaged in work involving ionising radiation since the level of exposure is, in practice, low. The Committee would, in this regard, refer the Government to paragraph 14 of its General Observation under this Convention concerning dose limits for non-radiation workers. Under the current ICRP recommendations, workers not engaged in radiation work are not to be exposed to levels of radiation higher than the dose limit for members of the public, set at 1 mSv per year, which may be averaged over a five-year period. The Committee would note that, while in practice the levels of exposure for workers not directly engaged in radiation work may generally be low, a particular concern is raised in Article 8 of the Convention for workers who, while not directly engaged in radiation work (and thus not necessarily benefiting from monitoring programmes, special medical examinations, etc.), may remain in, or pass through areas where they may be exposed to ionising radiations. The Committee hopes that the Government will take the necessary measures to ensure that workers not directly engaged in radiation work are protected as members of the public in so far as restricting their radiation exposure is concerned. The Government is requested to indicate the progress made in this regard in its next report.

2. The Committee notes with interest the indication in the Government's report that regulations concerning genetic damage and the working environment have been elaborated with a view to entitling both men and women to be transferred to other work if conditions in their working environment constitute a possible risk of genetic damage. The Government is requested to provide information on the progress made in adopting these regulations and to transmit a copy of the regulations once they are adopted.

3. The Committee would call the Government's attention to its General Observation under this Convention and requests the Government to indicate the steps taken or being considered in relation to the matters raised in its conclusions.

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

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 revised in 1991.

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 1990, published 77th ILC session (1990)

1. The Committee notes with interest the information supplied by the Government in reply to its previous direct request concerning the application of Article 14 of the Convention.

2. The Committee notes with interest the statement made by the Government in its latest report that it is no longer necessary to maintain the exemption, previously made under Article 1, paragraph 2, of mobile installations from the application of the Convention. Furthermore, the Committee notes with interest the Government's indication that mobile installations can now be covered by the provisions of the Convention because the Maritime Directorate's Regulations of 4 September 1987 concerning preventive, environmental and safety measures on mobile installations and on the construction of mobile installations fulfil the requirements of the Convention. The Government is requested to provide a copy of the Maritime Directorate's Regulations of 4 September 1987 in its next report.

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.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

Further to its previous direct requests, the Committee notes from the Government's report that, formally, Norway has not fixed an annual dose limit of 5 mSv for workers not directly engaged in radiation work; but, that in view of the very low exposures met in practice, such a limit could easily be adopted. The Committee hopes that in the near future, the Government will adopt measures which set an appropriate maximum permissible dose level of exposure for workers not directly engaged in radiation work, as required by Article 8 of the Convention.