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Repetition With reference to its observation, the Committee draws attention to the following points. Articles 26 and 27 of the Convention. Annual report. The Committee reminds the Government that, under the terms of Article 26(1), the central inspection authority shall publish an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general annual report. The Committee hopes that the Government will rapidly take measures for the publication in the next annual report of separate information on the specific activities of the labour inspection services in agriculture.Mandatory quality management system. Noting that the copy of the document on the mandatory quality management system, including occupational safety and health aspects, established by the Norwegian Agricultural Cooperation and client companies of agricultural undertakings, which was requested by the Committee in its previous comments, has not been provided, it requests the Government to provide this document as soon as possible.
Repetition Article 19 of the Convention. Notification of industrial accidents and cases of occupational disease. As in its observation on the Labour Inspection Convention, 1947 (No. 81), the Committee notes the establishment of a hospital accident register with a view to the registration in an electronic database of all accidents treated in Norwegian hospitals. The labour inspectorate participated in this process with a view to the establishment of a special module for the recording of industrial accidents. The Committee particularly appreciates the organization of such collaboration with a view to improving the notification and prevention of industrial accidents. The Committee also notes that, according to the Government, cases of occupational disease are still under-declared despite the obligation for medical practitioners to notify them to the labour inspectorate. The Government explains this situation by the current notification procedure which involves a paper version, which is time-consuming for medical practitioners. The Committee notes a project carried out in collaboration with the Norwegian Medical Association for the establishment of an electronic notification procedure based on the electronic patient journal and the secure electronic portal known as “Health Net”. The Committee requests the Government to keep the ILO informed of any progress achieved in terms of the provision to the labour inspectorate of data on industrial accidents and cases of occupational disease, the impact of this progress on activities for the prevention of occupational risks in workplaces and their results.The Committee is raising other points in a request addressed directly to the Government.
With reference to its observation, the Committee draws attention to the following points.
Articles 26 and 27 of the Convention. Annual report. The Committee reminds the Government that, under the terms of Article 26(1), the central inspection authority shall publish an annual report on the work of the inspection services in agriculture, either as a separate report or as part of its general annual report. The Committee hopes that the Government will rapidly take measures for the publication in the next annual report of separate information on the specific activities of the labour inspection services in agriculture.
Mandatory quality management system. Noting that the copy of the document on the mandatory quality management system, including occupational safety and health aspects, established by the Norwegian Agricultural Cooperation and client companies of agricultural undertakings, which was requested by the Committee in its previous comments, has not been provided, it requests the Government to provide this document as soon as possible.
Articles 5(a), 10, 16, 17 and 18 of the Convention. Increase in the number of labour inspectors and inspection activities. Collaboration of the labour inspection services with the authorities responsible for education and the judicial authorities. Further to its previous request concerning the geographical distribution of inspection staff, the Committee notes the detailed information provided by the Government in this respect. In particular, it notes with satisfaction that the numbers of inspectors have increased from 277 in 2007 to 315 in 2008, which has resulted in a significant increase in the number of workplaces inspected.
The Committee also notes with interest that guidelines to ensure uniform practice in relation to violations of the legal provisions covered by the Convention are in force and that there has been a rise in the number of judicial decisions following reported violations as a result of the development of better cooperation between the labour inspectorate, the police and the judicial authorities.
While recognizing that the number of reported offences referred to the police has increased over the past five years, the Norwegian Confederation of Trade Unions (LO) nevertheless considers that the number is low in relation to the number of violations reported by the Government in its report on the application of the Occupational Cancer Convention, 1974 (No. 139). They consisted in particular of failure to comply with the obligation to train workers responsible for certain types of work or to provide personal protective equipment, reported on the occasion of an inspection campaign targeting particularly sensitive branches. The Committee noted in a comment addressed to the Government in 2009 that through appropriate training for labour inspectors, the Labour Inspection Authority has adopted measures to extend the supervision of health risks related to chemicals, and particularly carcinogenic substances and agents, with a view to improving the quality of supervision. The Government has also launched a major campaign in four different sectors with a view to raising competence levels and reducing the risks of infection due to solvents and risks of dermatological and respiratory problems among workers. Furthermore, in its report on Convention No. 139 received by the Office in January 2010, the Government reports significant progress in the field of prevention as reported by the labour inspectorate during a second verification campaign in workplaces in which violations had been identified.
Article 14. Cooperation in the notification of industrial accidents and cases of occupational disease. The Committee notes with interest in the Government’s report relating to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the labour inspectorate has been able to cooperate in the establishment of an electronic hospital register of the accidents treated in all Norwegian hospitals, including a special module for the registration of industrial accidents. However, according to the Government, cases of occupational disease remain under-declared despite the obligation placed on medical practitioners to notify them to the labour inspectorate; nevertheless, the Committee notes with interest that the difficulties relating to the slowness of the manual processing of documents are being resolved through the collaboration of the labour inspectorate with the Norwegian Medical Association for the establishment of an electronic system of reporting based on the electronic patient journal and the secure electronic portal known as “Health Net”. The Committee requests the Government to keep the ILO informed of any progress achieved in the communication to the labour inspectorate of data on industrial accidents and cases of occupational disease, the impact of this progress on activities for the prevention of occupational risks in workplaces and their results.
Article 19 of the Convention. Notification of industrial accidents and cases of occupational disease. As in its observation on the Labour Inspection Convention, 1947 (No. 81), the Committee notes with interest the establishment of a hospital accident register with a view to the registration in an electronic database of all accidents treated in Norwegian hospitals. The labour inspectorate participated in this process with a view to the establishment of a special module for the recording of industrial accidents. The Committee particularly appreciates the organization of such collaboration with a view to improving the notification and prevention of industrial accidents. The Committee also notes that, according to the Government, cases of occupational disease are still under-declared despite the obligation for medical practitioners to notify them to the labour inspectorate. The Government explains this situation by the current notification procedure which involves a paper version, which is time-consuming for medical practitioners. The Committee notes with interest a project carried out in collaboration with the Norwegian Medical Association for the establishment of an electronic notification procedure based on the electronic patient journal and the secure electronic portal known as “Health Net”. The Committee requests the Government to keep the ILO informed of any progress achieved in terms of the provision to the labour inspectorate of data on industrial accidents and cases of occupational disease, the impact of this progress on activities for the prevention of occupational risks in workplaces and their results.
The Committee is raising other points in a request addressed directly to the Government.
Articles 10 and 16 of the Convention. Temporary reduction in labour inspection activities. The Committee notes that the Government has not provided a report and that it has not added any comments to those made in its report received by the ILO on 5 November 2007, to which it attached the observations made by the Norwegian Confederation of Trade Unions (LO). The organization expressed concerns with regard to the impact of the transfer of the central labour inspectorate from Oslo to Trondheim on inspection activities, though it was confident that the situation would be restored to normal in the end. The Committee would be grateful if the Government would provide information in its next report on the geographical distribution of labour inspection staff and statistics showing developments relating to inspection activities during the period covered by the next report.
Article 14. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. The Committee would be grateful if the Government would provide information on the measures taken to improve the system of reporting cases of occupational disease, as well as their results.
[The Government is asked to reply in detail to the present comments in 2010.]
The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:
Article 19 of the Convention. Notification of occupational accidents. The Committee notes that, to remedy the under-reporting of occupational accidents, the Labour Inspection Authority is taking measures to ensure both a higher percentage of reports and better quality of the data provided. Development of the system aims at better harmonization with statistics presented at the European level. The Committee would be grateful if the Government would provide information on all progress made in this respect and also on the notification of cases of occupational disease in agricultural undertakings. The Committee again asks the Government to provide a copy of the document relating to the mandatory quality management system, including occupational health and safety aspects, established by the Norwegian Agriculture Cooperation and client companies of agricultural undertakings.
Articles 26 and 27. Communication of an annual inspection report. The Committee requests the Government to send the annual report of the Labour Inspection Authority, which was not attached to its report as announced.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government’s report, in reply to its previous comments, and the observation made by the Confederation of Trade Unions (LO) on the application of the Convention, attached to the report, were only received on 5 November 2007 and cannot therefore be examined at the Committee’s present session. The Committee will examine them with any comment that the Government may wish to make on the points raised by the LO at its next session (November–December 2008).
The Committee takes note of the Government’s report replying to its previous comments.
1. Article 3, paragraph 1(b), of the Convention. Information and technical advice to employers and workers and their organizations. The Committee notes with interest that, owing to the influx of many migrant workers and seasonal labour in recent years, particularly in agriculture, the Labour Inspection Authority has launched a campaign to secure decent wages and conditions of work for migrant workers. In particular, the Committee notes with interest that, in the course of this campaign, information on the rights and duties of workers has been produced and translated into several languages.
2. Article 13. Effective collaboration between the labour inspectorate and the social partners. With reference to an observation by the Confederation of Trade Unions (LO) to the effect that no arrangement or provision has been made to promote collaboration between the staff of the inspectorate and the social partners in agricultural activities, the Government states that a tripartite body did exist, but was dissolved a few years ago. It nevertheless points out that the Norwegian Farmers’ Union is represented in the Advisory Body for the Labour Inspection Authority and that, as such, is part of the tripartite discussions on the overall strategy for the Labour Inspection Authority’s activities. The Government further indicates that, in the course of the abovementioned campaign, the most representative organizations of workers and employers in agriculture participated in outlining activities and guidelines for carrying out inspections within this target area.
3. Article 19. Notification of occupational accidents. The Committee notes with interest that, to remedy the under-reporting of occupational accidents, the Labour Inspection Authority is taking measures to ensure both a higher percentage of reports and better quality of the data provided. Development of the system aims at better harmonization with statistics presented at the European level. The Committee would be grateful if the Government would provide information on all progress made in this respect and also on the notification of cases of occupational disease in agricultural undertakings. The Committee again asks the Government to provide a copy of the document relating to the mandatory quality management system, including occupational health and safety aspects, established by the Norwegian Agriculture Cooperation and client companies of agricultural undertakings.
4. Articles 26 and 27. Communication of an annual inspection report. The Committee requests the Government to send the annual report of the Labour Inspection Authority, which was not attached to its report as announced.
The Committee notes the Government’s report indicating the main changes that have occurred in application of the Convention during the period covered, the statistical data on industrial accidents by branch of employment that occurred during the period 2002-03 and the labour inspection reports for 2003 and 2004.
The Committee also notes the Government’s partial replies to the matters raised by the Norwegian Confederation of Trade Unions (LO) in the comments the latter communicated to the ILO in February 2004 and to the further comments from the same organization, transmitted with its report.
1. Dissolution of the Labour Inspection Consultative Council. In its 2004 comment, the LO expressed concern at the manner in which the Council of the Labour Inspection Authority in which consultations were held between the authorities and the social partners has been dissolved. From the LO’s point of view, the recent reorganization of government services responsible for safety and health at work and the environment has had an impact on their spheres of competence. In addition, the removal of the Directorate of Labour Inspection from Oslo to Trondheim has resulted in supplementary financial constraints prejudicial to its operation, particularly for supervising compliance with legislation and regulations concerning health and safety at work throughout the transition period. The LO regretted in particular that the removal had been made without any consultation with the social partners.
The Committee notes that, according to the Government, the relocation of the Directorate of Labour Inspection was the result of a government decision and approved by the Norwegian Parliament. The Government undertook, however, to ensure that the labour inspection authority would fulfil its obligations under section 74 of the Act relating to worker protection and the working environment as soon as the Directorate of Labour Inspection was installed. The Committee requests the Government to keep the ILO informed of any changes in the operation of the labour inspectorate in aspects associated with the changes mentioned by the LO and to indicate the measures taken or envisaged to promote collaboration, in accordance with Article 5(b) of the Convention between the labour inspectorate and employers’ and workers’ organizations.
2. Inspection staff and collaboration of experts and technicians. In a more recent comment, the LO stated that there had been a reduction in the labour inspection capacities which no longer fulfilled the requirements of Article 9 of the Convention under which each member shall take the necessary measures to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the protection of workers’ health and safety. According to the LO, the reorganization of the inspection services has resulted not only in a decrease in the number of experts and specialist technicians but also in the number of inspectors in general. It requests that measures should be taken to reinforce numbers in order to bring them into compliance with the requirements of Article 10 and that, as provided in Article 16, workplaces should be inspected as often and as thoroughly as necessary. The Government has stated that these assertions of LO are unfounded and that not only has there been no reduction in the inspection staff but that personnel will be transferred from the directorate to the regions according to the new organizational model. The Committee hopes that the Government will not fail to keep the Office informed of progress made in this direction and that it will supply statistical information illustrating the geographical distribution of inspection staff broken down by category and speciality under the new organizational model.
3. Reporting of occupational accidents and diseases. According to the LO, in the current state of the system for reporting occupational accidents and diseases, there is gross underreporting. The LO considers it necessary that measures be taken to ensure that these statistics reflect the actual situation more faithfully. The Government, for its part, states that not all occupational diseases are compensated – notably, musculoskeletal and psychiatric diseases are excluded. The Government states, furthermore, that the lack of reporting of cases of occupational disease is due to the existence of two systems, one administered by the social security system and the other vested in the responsibility of all doctors who diagnose a disorder of occupational origin. According to the Government, most doctors neglect to carry out properly their obligations in this regard. The Committee would be grateful if the Government would indicate the measures taken or envisaged to remedy this lack which is clearly prejudicial to the sufferers and their dependants and to supply supplementary information in reply to the point raised by the LO on the subject of failings in the occupational accidents reporting system.
4. Failings in the system for taking proceedings against violations. According to the LO, the procedure for proceedings against violators of the legislation, which falls within the competence of the labour inspectors, is subject to a laborious procedure incompatible with the requirements of Article 17 of the Convention which provides that prompt legal proceedings shall be taken. The LO considers that the current procedure undermines the authority of the labour inspectors. Noting the lack of comment by the Government on this view expressed by the LO, the Committee requests to Government to indicate how it is ensured that labour inspectors carry out their supervisory function effectively in its dual educational and repressive aspect, when the second aspect is necessary to obtain compliance with the law.
The Committee notes the Government’s report on the application of the Convention for the period ending 31 May 2005. It refers to its observation under Convention No. 81 in relation to the Government’s replies to the points raised by the Norwegian Confederation of Trade Unions (LO) in February 2004 concerning the abolition of the Board of the Labour Inspection Authority and the relocation of the Directorate of Labour Inspection from the capital to Trondheim.
The Committee also notes the new comments made by LO, forwarded to the ILO by the Government with its report in October 2005, concerning shortcomings in the application of several provisions of the Convention.
1. Article 6(b) of the Convention. Provision of technical information and advice to workers. According to LO, technical information and advice is provided principally to farmers by a tripartite body Landbrukshelsen, but hardly to farm workers. Moreover, this body only covers a limited aspect of this function.
2. Article 13. Collaboration between officials of the labour inspectorate in agriculture and employers and workers, or their organizations. LO indicates that such collaboration only exists in the forestry sector through a tripartite body Skogbrukets HMS-utvalg. It regrets that no such body or provisions have been adopted to promote collaboration between labour inspection officials and the social partners for the farming sector.
3. Article 14. Number of labour inspectors in relation to the workplaces subject to inspection. According to LO, there are clearly insufficient numbers of labour inspectors, since as much as ten years would be required to inspect all the workplaces covered by a single inspector. The Committee notes the information provided by the Government concerning the diversity of situations in the distribution of work between inspectors in the various inspection offices. Although every office has agricultural expertise, it varies from office to office whether inspectors are specially assigned for agricultural inspections. With reference to its 2003 observation in which it noted a comment by LO concerning the downsizing of the staff of labour inspection in agricultural and its consequences on the protection of workers, the Committee notes that, according to the Government, not only has there not been any reduction in inspection staff, but it is envisaged to transfer personnel from the Directorate to the regions. The Government adds that, once the relocation of the Directorate of Labour Inspection is completed, it will make every effort to comply with the legal obligations deriving from section 74 of the Act relating to worker protection and the working environment and the relevant regulations.
4. Article 19(1). Notification of occupational accidents. According to LO, there is widespread under-reporting of occupational accidents. The system of notification is not therefore effective and measures need to be taken to improve it.
5. Articles 26 and 27. Publication and content of an annual report on inspection in agriculture. LO indicates that no such report is prepared, either as a separate report or as part of a general annual inspection report. The brief information provided by the annual general report on the agricultural sector is inadequate in this respect. LO points out that it does not contain information on any of the subjects covered by points (b), (c), (d), (e) and (g) relating, respectively, to: the staff of the labour inspection service in agricultural; statistics of agricultural undertakings liable to inspection; statistics of inspection visits; statistics of violations and penalties imposed; and the causes of occupational diseases.
The Committee would be grateful if the Government would provide information in its next report on the measures adopted to: (i) improve the services of the labour inspectorate in relation to the provision of technical information and advice to workers concerning the most effective means of complying with the legal provisions (Article 6, paragraph 1(b)); (ii) promote effective collaboration between officials of the labour inspectorate and the social partners in all activities in agriculture (Article 13); (iii) improve the system for the notification of occupational accidents and cases of occupational disease with a view, for the purposes of prevention, to reflecting reliably the occupational safety and health situation (Article 19(1)); and (iv) ensure the publication and communication to the ILO by the central labour inspection authority, in the required form and within the prescribed time limits, of an annual activity report containing the required information (Articles 26 and 27).
Furthermore, the Committee requests the Government to keep the ILO informed of developments following the measures related to the relocation of the Directorate of Labour Inspection in relation to the number of inspectors in agriculture. It once again requests the Government to provide a copy of any document relating to the mandatory quality management system, including occupational health and safety aspects, established by the Norwegian Agriculture Cooperation and client companies of farms.
The Committee notes the communication by the Government of the joint comment made by the Norwegian Federation of Trade Unions (LO) on the application of the present Convention and Convention No. 81. The Government is requested to provide in its next report to the ILO, for examination by the Committee at its next session, any information that it considers useful concerning the matters raised by the LO, together with the document requested in its 2003 observation.
The Committee notes the communication by the Government of the comment made by the Norwegian Confederation of Trade Unions (LO) concerning the application of the present Convention and of Convention No. 129. The Government is asked to communicate in its next report to the ILO, for examination by the Committee at its next session, any information which it considers useful with regard to the points raised by the Organization, and with regard to those raised in the observation of 2003.
The Committee notes the information provided by the Government in reply to the comments made by the Norwegian Federation of Trade Unions (LO) of January 2001 concerning the downsizing of the staff of labour inspection in agriculture and its consequences on the working environment and the manner in which occupational safety issues are addressed in this sector. According to the Government, this reduction is a consequence of the decline in the number of farms, which are also subject to inspection in relation to occupational hazards by other labour inspector experts with competence in the various sectors.
The Government also refers to the active cooperation, through training courses and the dissemination of information on accident prevention, of the farmers’ organization and indicates the establishment by the Norwegian Agriculture Cooperation and client companies of farms of a mandatory quality management system, including occupational health and safety aspects.
The Committee would be grateful if the Government would provide a copy of any document relating to the above quality management system and of any legal text by virtue of which health and safety issues in farms are covered by specialized inspectors outside the agricultural labour inspection services.
The Committee notes the Government’s report and the annual report of inspections for 2002 as well as the attached report on the activities of labour inspection in the Oslo region for the same year. The Committee notes with interest the contribution of research institutions to identifying the needs and priorities of labour inspection, as well as the manner in which the cooperation provided under Article 5(a) of the Convention is being developed between the inspection services, on the one hand, and the various government services and departments engaged in similar activities, on the other hand. In this respect, it notes that a joint database on occupational health and safety has been created with the Directorate for Fire and Electrical Safety, the Industrial Health and Security Organization and the Pollution Control Authority in order to ensure the rational coordination of their respective activities, and that a framework for cooperation at the local and regional levels has been established between the labour inspection services and county employment centres in order to exchange information and explore opportunities for joint action. Noting the Government’s statement on the reinforcement of inter-institutional collaboration targeting certain enterprises in particular, the Committee would be grateful if the Government would provide information on the various forms of this collaboration and its impact on the results of inspection activities.
The Committee notes that in comments received by the ILO in January 2001 on the Government’s report for the period ending in May 2000, the Norwegian Federation of Trade Unions (LO) expressed its concern at the recent staff downsizing which has affected the labour inspectorate’s supervisory activity in the agriculture sector, and particularly its capacity to deal with working environment issues. In the LO’s view, staff cutbacks are not a sound response to the accidents and fatalities that occur in the sector each year. The Committee would be grateful if the Government would state its position on this matter and provide information on any measures taken or envisaged to deal with the occupational safety issues referred to by the LO.
The Committee notes the Government’s report. It notes that the annual inspection report contains no information on the subjects listed in Article 27(a), (b), (c) and (e) of the Convention. It reminds the Government that the publication of an annual report on the work of the labour inspection services containing information on all the subjects listed in this Article is an obligation stemming from the ratification of the Convention. The Committee hopes that the Government will not fail to take the necessary measures to ensure that future annual reports published by the competent authority will contain this information and that a copy of them will be sent to the ILO within the prescribed time limits.
The Committee notes the Government's report. It requests the Government to provide further information on the points raised below.
1. Annual inspection reports (Articles 20 and 21 of the Convention). With reference to its previous direct request, the Committee notes that no annual inspection report has been received. It hopes that the Government will provide such reports within the time limits set by Article 20 containing all the information enumerated in Article 21.
2. Periodic reporting. The Committee recalls that detailed reports should be provided for Convention No. 81, which is regarded as a priority Convention. It requests the Government to supply in its next report information on the application of each of the Articles of the Convention, in conformity with the report form approved by the Governing Body.
1. The Committee notes from the Government's report that no significant new measure has been taken in the field of agriculture since the previous report. However, the Government indicates in respect of Article 7 of the Convention, that following the reorganization of 1996 there is no longer a separate section responsible for the agricultural sector within the Directorate of Labour Inspection, since two posts have been created within the service responsible for health, the environment and safety: one responsible for supervision of agricultural machinery and the other for that of agricultural buildings.
2. The Committee reminds the Government that under Article 26, paragraphs 1 and 3, copies of the annual reports of the inspection services in agriculture, either as two separate reports, or as part of the general annual report of the inspection services, must be transmitted to the ILO within three months after their publication. The Committee notes that such a report has not been transmitted to the ILO and trusts that the Government will take the measures necessary to give effect to the abovementioned provisions in the near future and that annual reports on inspection in the field of agriculture containing all the information required under Article 27 will be sent timely to the Office.
Article 21 of the Convention. The Committee has noted the annual reports of the Labour Directorate for the years 1993-95. It hopes that the Government will continue to provide such reports within the time-limits set by Article 20 containing all the information enumerated in Article 21 of the Convention (including paragraphs (b) and (c) of this Article).
Articles 20 and 21 of the Convention. The Committee notes that no annual reports on the activities of the labour inspection services have been received. The Committee wishes to underline the importance it attaches to the publication and transmission to the Office of such reports within the time-limits set by Article 20 and containing all the information enumerated in Article 21 of the Convention.