Labour Inspection Convention, 1947 (No. 81) - Norway (Ratification: 1949)

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 the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

Article 14 of Convention No. 81, and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. In its previous comments, the Committee noted that the Labour Inspection Authority (LI) had developed an electronic system for the registration of notifications of occupational accidents and work-related diseases and requested the Government to provide further information on its functioning. The Government indicates that the system provides quality data, which are also used for the purpose of prevention and for the development of risk-based approaches to inspection. However, the Government reports that the implementation of electronic reporting of work-related diseases is facing challenges. In this respect, the Committee notes that, although the Government has an intention of offering a digital procedure for the reporting of work-related diseases by physicians, this has not yet been implemented. Regarding the reporting of accidents, in its reports for the Occupational Safety and Health Convention, 1981 (No. 155) and for the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), the Government refers to the new registry system for occupational accidents, managed by Statistics Norway. The Committee notes that the new system includes statistics on accidents at work that have been reported by employers to the Norwegian Labour and Welfare Administration (NAV) during a calendar year. The Government highlights the underreporting of both work-related diseases and injuries. It reports a series of measures aiming to increase the reporting of work-related diseases, such as the improvement of the notification form and an e-learning course for physicians about reporting. Furthermore, the Committee notes that the LI aims to reduce underreporting of injuries by simplifying the reporting to NAV. In this respect, it applies the “once only principle” according to which the employer can use a digital interface, which facilitates reporting of the same accident information to all relevant agencies at the same time. The Committee notes the information provided by the Government under Convention No. 187, according to which, the underreporting is relatively high in sectors where many workers are self-employed, for example agriculture and fishing. This is because workers who are not covered by the social security insurance system, including self-employed persons and freelancers, do not send an occupational injury report to NAV, and are therefore not included in the statistics. Regarding the development of the pilot project on joint reporting in conjunction with the NAV and the Petroleum Safety Authority (PSA) that the Committee noted in its previous comments, the Government indicates that it has not progressed as planned. The Committee requests the Government to continue to provide information on the measures taken to address the underreporting of cases of occupational accidents and diseases, especially in sectors occupying self-employed workers. It also requests the Government to provide information on any progress achieved with respect to the pilot project on joint reporting in conjunction with the NAV and the PSA.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual reports on labour inspection, particularly concerning coverage of the agricultural sector. The Government indicates that agriculture is one of the prioritised industries for the LI. The Committee takes note of the detailed information and statistics provided by the Government regarding the agricultural sector (workforce, registered establishments, type of employment relationships). The Government also provides detailed statistics regarding the inspection activities undertaken in the agricultural sector for the period 2016–21. The Government indicates that most of the inspections involve risk-based targeted activities, followed by incident-related inspections (accidents, diseases or notifications) and inspection activities related to the national cross-agency effort towards undeclared work. The Committee also notes the information contained in the Government’s report on the number of reported accidents and fatalities in the sectors of agriculture, forestry, fishing and aquaculture for the period 2015–19, as well as information on the type and causes of accidents. The Committee requests the Government to continue to provide detailed information on the agriculture industry as well as other workforce sectors, and to ensure that the information required on each of the subjects listed in Article 21 of Convention No. 81 and Article 27 of Convention No. 129 is reflected in the labour inspection reports.

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 the ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

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

Article 14 of Convention No. 81, and Article 19 of Convention No. 129. Notification of occupational accidents and diseases to the labour inspection services. In its previous comments, the Committee noted the Government’s indication that Statistics Norway was the authority responsible for the registration of occupational accidents. It requested information on the notification of industrial accidents and cases of occupational disease to the labour inspectorate, including those of persons not covered by accident insurance, given the Government’s indication that most farmers are not covered by the insurance scheme. The Committee notes the Government’s indication in its report that the Labour Inspection Authority (LI) has developed an electronic system for the registration of notifications of occupational accidents and work related diseases, which facilitates the production of statistics. The Government also indicates that the LI is informed about occupational diseases by medical practitioners but that employers are not required by law to notify the LI about occupational diseases. The Government further states that the LI participates in a pilot project on the joint reporting of work related diseases and occupational deaths, together with the Norwegian Labour and Welfare Organization (NAV) and the Petroleum Safety Authority (PSA). In addition, the Committee notes the observations of the LO that the development of a register for recording injuries and diseases, supervised by Statistics Norway and NAV has taken a very long time. The LO further emphasized the importance of a well-functioning system for collection and recording occupational injuries and diseases. The Committee requests the Government to provide further information on the functioning of the electronic system for the registration of notifications of occupational accidents and work-related diseases, including the manner in which the system helps to ensure that industrial accidents and cases of occupational disease in the country are notified to the labour inspectorate. Recalling that it previously noted the Government’s indication with respect to the under-reporting of cases of occupational disease to the labour inspectorate, the Committee also requests the Government to continue to provide information on the activities undertaken by the labour inspectorate to ensure that legal reporting obligations concerning occupational accidents and diseases are complied with, including further information on the current development of the pilot project on joint reporting in conjunction with the NAV and the PSA.

Articles 20 and 21 of Convention No. 81, and Articles 26 and 27 of Convention No. 129. Annual reports on labour inspection, particularly concerning coverage of the agricultural sector. In its previous comments, the Committee observed an absence of information in the annual labour inspection report concerning statistics on the activities of the labour inspection services in agriculture. In this respect, the Committee notes the Government’s statement that it will take measures to ensure that information or regulations needed to fulfil the obligations of the Convention are made available to the LI. The Committee notes that the 2017 annual labour inspection report, available on the web page of the LI, contains statistics on the number of inspections performed and guidance given in agriculture and forestry. The Committee requests the Government to continue to provide information on the measures taken to give full effect to Articles 26 and 27 of Convention No. 129, in particular with regard to the required information listed under Article 27(a), (b), (c), (e), (f), and (g) of Convention No. 129. It further requests the Government to take measures to ensure that copies of its annual report are transmitted to the ILO within the timeframes prescribed by Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

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

The Committee notes 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.

The Committee notes the Government’s indications concerning the efforts made to strengthen and improve collaboration between the labour inspectorate and the social partners, including a relevant joint strategy for 2013–16, the realization of discussions on a variety of questions in the framework of different forums (in particular the Labour Inspection Council and the regional councils), as well as the joint development of specific measures to face particular challenges in four sectors (Article 5(a) of the Convention); the policy in relation to unannounced labour inspection visits, including in the health-care sector (Article 12(a)); and the implementation of an electronic management system for labour inspection data (Articles 20 and 21).

Article 14 of the Convention. Notification of industrial accidents and cases of occupational disease to the labour inspectorate. The Committee previously noted the Government’s indications on the under-reporting of cases of occupational disease to the labour inspectorate, and requested that the Government provide information on any relevant remedial measures taken or envisaged. In this regard, the Committee notes the Government’s indications that in order to improve the reporting of occupational diseases, the labour inspectorate initiated a pilot trial for the electronic reporting of occupational diseases, and raised awareness among medical practitioners about their relevant legal obligations, in cooperation with the Norwegian medical association. The Committee also notes the indications made by the LO, according to which there has been little improvement in the notification of occupational diseases since the Government’s last report in 2011, and the labour inspectorate has recently announced that only 2 per cent of the medical practitioners report work-related accidents. The LO also points to the absence of information concerning the time frame for the implementation of the new electronic system for the recording of occupational diseases, and the absence of information on its intended users (only medical practitioners, or also employers).

Concerning occupational accidents, the Committee understands that the labour inspectorate no longer disposes of a relevant registry, but that Statistics Norway is the authority now responsible for collecting data on industrial accidents. The Committee notes that no information was provided by the Government on the developments concerning the electronic portal “HealthNet”, which the Government previously indicated would enhance the reporting of industrial accidents.

Finally, the Committee notes that the LO indicates that no information was provided by the Government on the level of compliance by employers with their reporting obligations concerning occupational accidents and diseases. The Committee asks that the Government describe the current mechanism in practice for the notification of industrial accidents and cases of occupational disease to the labour inspectorate (including through other institutions such as Statistics Norway), and to continue to provide information on the measures taken for its improvement. Please also provide information on the activities of the labour inspectorate to ensure that the legal reporting obligations concerning occupational accidents and diseases are complied with.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee takes note of the comments made by the Norwegian Confederation of Trade Unions (LO) which were sent with the Government’s report.

Article 5(b) of the Convention. Collaboration between the labour inspection and employers’ and workers’ organizations. The Committee notes that according to the LO, while the directorate of labour inspection had developed over many years routines for collaboration with workers’ and employers’ organizations, the reorganization of the labour inspectorate which took place in 2005–06 led to a strengthening of the regional units and to some challenges in terms of collaboration with workers’ and employers’ organizations. The Committee requests the Government to provide information on ongoing collaboration between regional labour inspection units and employers’ and workers’ organizations as well as steps taken or envisaged to strengthen it.

Article 12(a). Power to enter freely and without previous notice any workplace liable to inspection. The Committee notes that according to the LO, the disclosure of significant deviations from the working time regulations especially in institutions for the elderly run by recruitment agencies, but also in institutions run by the public authorities, show that the labour inspectorate needs to carry out inspections without previous notice to a larger extent than is the case today. The Committee requests the Government to make any comments it deems appropriate in relation to the comments by the LO and to provide information on the current policy in relation to unannounced visits.

Article 14. Cooperation in the notification of industrial accidents and cases of occupational disease. The Committee takes note of the comments made by the LO according to which, it is important that the labour inspectors check to a greater extent that employers comply with the mandatory registration of injuries and cases of occupational disease. It recalls from its previous comments that 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. The Committee notes that according to the Government, the national registry for accidents and injuries includes a module for occupational accidents and injuries. As of today, however, the occupational module which includes injury as a result of income generating work has not been implemented. Nevertheless, the Government expects that this module will be fully functional in the near future. The Government also indicates that it has not been able to make progress on the secure electronic portal known as “Health Net” which is expected to enhance the reporting of industrial accidents. It continues to work on this project and hopes to establish in the near future a national electronic reporting system for work-related diseases. The Committee requests the Government to keep the ILO informed of any measures taken or envisaged in order to improve the process of communication to the labour inspectorate of data on industrial accidents and cases of occupational disease and the impact of these measures on activities for the prevention of occupational risks in workplaces.

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

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.

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

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.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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.

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

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.

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

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.

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

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.

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

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).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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.