Asbestos Convention, 1986 (No. 162) - Norway (Ratification: 1992)

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 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.

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 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 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.

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.

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.