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

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

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.