Texts of pending comments

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

Article 6 of the Convention. Averaging. Forty-hour week. The Committee previously noted that section 10-5(3) of the Working Environment Act (WEA), which provides that the Labour Inspection Authority may consent to normal working hours that on average, during a period not exceeding 26 weeks, are no longer than prescribed by section 10-4, on the condition that the total working hours do not exceed 13 hours per 24 hours and 48 hours per seven days, is not in line with Article 6 of the Convention. The Committee notes that the Government indicates in its report that, according to documentation from the Labour Inspection Authority, the authorities receive very few applications falling within the scope of application of the Convention (none in 2018, and eight in 2019). The Government also indicates that the Labour Inspection Authority places considerable emphasis on workers' safety and health when granting permits pursuant to section 10-5(3) of the WEA. Furthermore, the Committee notes that section 10-5(2) of the WEA, as amended by the Act on amendments to the Working Environment Act and the Generalization Act of 24 April 2015, prescribes that the employer and the employees' elected representatives in undertakings bound by a collective agreement may, in writing, agree that normal working hours shall be arranged in such a way that, on average, during a period not exceeding 52 weeks, they are no longer than prescribed by section 10-4, on the condition that the normal working hours do not exceed 12 and a half hours per 24 hours and 48 hours per seven days. The same section provides that when entering into an agreement involving normal working hours exceeding 10 hours per 24 hours, particular regard shall be paid to the employees' health and welfare. In this respect, the Committee observes that while the original section provided for a limit to normal daily working hours not exceeding 10 per 24 hours, section 10 5(3), as amended, allows up to 12 and a half daily working hours, which is not in line with Article 6 of the Convention. While noting the Government’s explanations regarding the application in practice of section 10-5(3), the Committee requests the Government to indicate how section 10-5(2) is applied in practice to the categories of workers under the scope of application of the Convention.

Article 7(2). Temporary exceptions. Circumstances. In previous comments, the Committee noted that section 10-6(1) of the WEA permits overtime in broad terms going beyond the limited cases provided for in Article 7(2) of the Convention. The Committee notes that the Government indicates that section 10 6(1) of the WEA implicitly refers to the following special cases: (i) when unforeseen impairments among the workers have disrupted or threaten to interfere with the smooth operation of undertakings; (ii) when overtime work and additional work are necessary to prevent damage to plants, machinery, raw materials or products; (iii) when unexpected work pressures have occurred; and (iv) when particular work pressures have arisen due to a shortage of labour with special expertise, seasonal fluctuations, and other reasons. The Committee notes this information, which addresses it previous request.

Article 7(3). Temporary exceptions. Limits to overtime. In its previous comment, the Committee noted that: (i) section 10-6(6) of the WEA permits the annual limit of 200 overtime hours to be exceeded if the worker so consents; and (ii) section 10-6(9) of the WEA provides that the parties to an employment relationship may agree on a working time arrangement permitting up to 16 working hours per 24 hours. The Committee notes that the Government does not provide any information in this regard. The Committee recalls that in its 2018 General Survey on working time instruments, paragraph 148, it indicated that the maximum number of additional hours, while not specifically prescribed by the Convention, must be kept within reasonable limits in line with its general goal to establish the eight-hour day and the 48-hour week as a legal standard for hours of work in order to protect against undue fatigue and ensure reasonable leisure and opportunities for recreation and social life. Hoping that the Government will examine – in full consultation with the social partners – the most suitable course of action with a view to keeping the number of additional hours allowed within reasonable limits that consider both the health and well-being of workers, and the employers’ productivity needs, the Committee requests the Government to provide further explanations on how the abovementioned provisions are applied in practice to the categories of workers covered by the Convention.

Article 7(4). Compensation for additional hours of work. In its previous comment, the Committee noted that section 10-6(12) of the WEA permits overtime hours to be compensated wholly in the form of extra time off, which is contrary to the express requirement of Article 7(4) of the Convention which requires the payment in all cases of an overtime premium of at least 25 per cent of the ordinary wage rate. The Committee notes the Government’s indication that, pursuant to sections 10–6(11) and (12) of the WEA, it is possible for the employer and the employee to agree that the overtime hours shall wholly or partly be taken out as time off on agreed dates, but that the overtime supplement cannot be converted into time off, so that employees must have an overtime pay of at least 40 per cent in addition to their normal salaries. The Committee notes this information, which addresses it previous request.

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.

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

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.

Articles 7 and 8 of the Convention. Employment, unemployment and underemployment statistics. Statistics of the structure and distribution of the economically active population. The Committee once again notes that the Government continues to supply statistics on the economically active population, employment and unemployment to the ILO Department of Statistics for dissemination through its website (ILOSTAT). The latest Labour Force Survey (LFS) figures provided relate to 2020. The Government reports that, in compliance with EU Parliament and Council Framework Regulation No. 2019/1700 and EU Commission Implementing Regulation No. 2019/2240, the LFS covers employment among persons 15–89 years of age and unemployment among persons 15–74 years of age. Moreover, underemployment is captured and measured according to EU standards. The Government indicates that it is planning the 2021 population and housing census. It adds that Norway has now developed a completely register-based Population and Housing Census statistical system, in which all census-related statistics are disseminated annually nationwide. In addition, the Committee acknowledges the information provided in the Government’s report with respect to the implementation of Resolution I of the 19th ICLS concerning "Statistics of work, employment and labour underutilization" (2013). The Committee requests that the Government continue to supply updated data and information on the methodology used in the application of these provisions, as well as information on the methodology and results of the planned 2021 population and housing census. It further requests that the Government continue to provide information on any developments in relation to the application of Resolution I of the 19th ICLS concerning "Statistics of work, employment and labour underutilization"(2013).

Articles 9, 10 and 11. Current statistics of average earnings and hours of work. Statistics of wage structure and distribution. Statistics of labour cost. The Committee notes that the following statistics were provided to the ILO Department of Statistics for dissemination: average weekly hours actually worked, derived from the LFS and disaggregated by economic activity and sex, and average monthly earnings of employees, by branch of economic activity and sex, derived from the Establishment Survey. For both series, the most recent figures refer to 2020. With respect to statistics of wage structure and distribution, the Committee understands that these statistics continue to be compiled following EU guidelines on the Structure of Earnings Survey. The latest data available is from 2018. In response to the Committee’s previous comments, the Government indicates that it continues to regularly report data on labour costs to the ILO Department of Statistics. The Committee notes that the latest data available in ILOSTAT is from 2020. The concepts, definitions and methodology used in the labour cost survey follow EU guidelines and are in accordance with the ILO framework. The Committee requests that the Government continue to supply updated information on the application of these provisions, including information relating to both data and methodology.

Article 14. Statistics of occupational injuries. The Government indicates in its report that the coverage of national statistics in this area remains unchanged. Statistics Norway also collects data every three years on occupational injuries and perceived health problems caused by work through the Survey on living conditions and working environment every three years. The Survey covers a representative sample of the working population aged 18–66 years old, who are Norwegian residents. These statistics are used by national authorities such as The Norwegian Labour Inspection Authority, as background for their inspections. Statistics Norway publishes these data as national statistics but does not report the data to Eurostat or other international bodies. The latest data available under ILOSTAT is from 2019. With respect to occupational diseases, Statistics Norway is collaborating with the Norwegian Labour and Welfare Administration, to assess the possibility of establishing official statistics that comply with EUROSTAT methodology. The Committee requests that the Government continue to supply statistics on occupational injuries and new source compilations, as and when they become available.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

The Committee notes the observations of the International Organisation of Employers (IOE) and the Confederation of Norwegian Enterprise (NHO), jointly submitted in October 2020. It further notes the additional observations of the Confederation of Norwegian Enterprise (NHO) and the observations of the Norwegian Confederation of Trade Unions (LO), both communicated together with the Government's report. The Government is requested to provide its comments in this respect.

Article 2 of the Convention. Insertion of labour clauses in public contracts. In its previous comments, the Committee requested the Government to provide updated detailed information on the manner in which Regulation No. 112/2008, as amended, is applied in practice, and to communicate a summary of the evaluation concerning the Regulation. The Government refers once again to the evaluation of the Regulation carried out by the Office of the Auditor General of Norway and that the results of the evaluation were published in an official report in 2016. The 2016 report found that public authorities do not always have adequate procedures and systems in place to prevent social dumping in their procurement processes. In this context, the 2016 report noted a clear correlation between the development of such procedures and systems and compliance with the Regulation. The Government reiterates that, while in some 86 per cent of procurements, public authorities include information indicating that the contract would contain a labour clause, compliance is generally higher among central authorities in comparison to smaller municipalities. The Government indicates that, according to the 2016 report, lack of understanding of the requirements of the Regulation seems to be an important reason for inadequate compliance, and there is potential for improving the information and guidance on how to apply the Regulation. The Committee notes that, following the advice of the Office of the Auditor General, the Government has taken a number of measures to ensure a work-life without social dumping in public procurement. The Committee further notes that, in September 2018, the Government developed and published a new online guide on the Regulation on Pay and Working Conditions in Public Contracts. The Government reports that the Ministry of Labour and Social Affairs has requested the Agency for Public Management and eGovernment (Difi) to take measures to develop the online guide further, as well as to familiarise the public authorities with its contents. The Committee notes with interest that a similar guide has also been developed with respect to the public procurement legislation with the objective of limiting the number of subcontractors in the contract chain in sectors that are particularly vulnerable to social dumping. In their observations, the NHO and the IOE express their support of the Ministry of Labour and Social Affairs' initiative in tasking Difi with developing the online guide further to assist the public authorities in giving effect to the Convention. Nonetheless, they point out that any measures taken to disseminate information about the Regulation must ensure transparency and distinguish between best practices and applicable mandatory law. The Committee notes the Government's indication that it plans to evaluate compliance with the Regulation once the guide on the Regulation on Pay and Working Conditions in Public Contracts has been accessible online for some time. In addition, in its allocation letters to all governmental agencies for 2018 and 2019, the Government has urged that public procurements be carried out in such a way as to combat work-related crime. With respect to the LO observation on including pension schemes as a part of the employees’ wage and working conditions, the NHO and the IOE concur with the Government's view that the Convention does not imply any obligations concerning occupational pension schemes. The Government indicates that it has appointed a committee of experts to examine several issues related to public procurement and public financing of welfare services. This committee will also look into questions related to pay and working conditions and pension schemes for employees employed by providers of welfare services. The Government reports that the Labour Inspection Authority's resources have been increased by 110 million Norwegian kroner from 2013 to 2019, including approximately 34 million kroner for combating work-related crime. The Government adds that several public authorities have developed their own models for public procurement that aim to promote decent work and fight work-related crime, social dumping and the exploitation of workers across supply chains. These models implement standard contract terms, including terms relating to labour rights that are stricter than those currently required by procurement regulations. The Committee notes that the Government has initiated the making of a guide for public authorities who want to use such stricter standards in their public contracts. In its observations, the Norwegian Confederation of Trade Unions (LO) indicates that the European Surveillance Authority (ESA) has sent a letter of formal notice to the Government concerning restrictions on subcontracting in the field of public procurement in Norway, in which it expresses the view that the relevant Norwegian public procurement law does not comply with EEA-law. ESA has also requested information concerning the municipal public procurement policies (models) used to combat work-related crime. The LO further observes that the Norwegian Government has rejected a proposal from the Labour Party to change the national public procurement law based on the new ruling of the EC-court (Case C 395/18- Tim SpA). The ruling stated that the requirement to ensure that providers comply with environmental, social and labour provisions in public procurement is a cardinal value equal to the other basic principles such as transparency, competition, predictability and non-discrimination. The Committee notes that the LO will continue to work to include the new ruling in national law. It also notes the observations of the IOE and the NHO, indicating that any measures taken to give effect to Convention No. 94 must be subject to an assessment of relevant EEA/EU Law on free movement and rules concerning public procurement. The Committee requests that the Government continue to provide information on the manner in which the Convention is applied, including, for instance, labour inspection reports, indicating the number of inspections of public administration contracts carried out, the number and type of violations detected and the sanctions imposed, if any. It further requests the Government to keep the Office informed of any developments in the relevant national legal and regulatory framework as well as with respect to evaluations of the Regulation on Pay and Working Conditions in Public Contracts.

The Committee notes the observations of the Confederation of Norwegian Enterprise (NHO), the Norwegian Confederation of Trade Unions (LO) and the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Articles 1 and 2 of the Convention. Gender pay gap. The Committee notes, from the statistical information provided by the Government, that the gender pay gap (full-time equivalent of monthly average earnings) slightly decreased from 2015 to 2019 (women’s earnings as a ratio of men’s going from 85.3 to 87.6 per cent). In terms of occupation, the gap is highest for managers, managing directors and chief executives, professionals, and technicians and associate professionals, where the above-mentioned ratio ranged from 81.2 to 82.2 per cent in 2019. As noted by the Government, it is in the financial and insurance sector that the gap is the largest, with women’s earnings being, on average, 72.2 per cent that of men’s. The Committee asks the Government to provide information on the measures taken or envisaged to reduce the gender pay gap, and to continue to provide statistical information on the evolution of the gender pay gap in the public and private sectors.

Principle of equal remuneration for work of equal value. Legislation. In its previous comment, the Committee asked the Government to: (1) indicate the specific policy and programmes developed to explicitly tackle the gender pay gap and promote equal pay for work of equal value; and (2) provide information on the types of measures that have been taken to target and address pay inequalities in the workplace reported by employers, as well as information on the implementation of the duty to disclose wage information; and information on any impact the new law would have on the legal protections and the practical implementation of equal pay for work of equal value. Referring to its comments under the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), the Committee notes the information provided by the Government and the adoption of the Equality and Anti-Discrimination Act (EADA), which entered into force on 1 January 2018, replacing the four previous acts on gender equality and anti-discrimination, as well as the further amendments to the EADA, entered into force on 1 January 2020. More specifically, it notes that the amended version of Section 26 of the EADA provides that all public undertakings, regardless of size, and private undertakings that ordinarily employ more than 50 persons shall, in the context of their operations, investigate whether there is a risk of discrimination or other barriers to equality, “including by reviewing pay conditions by reference to gender and the use of involuntary part-time work”, every two years. The same shall apply to private undertakings that ordinarily employ between 20 and 50 persons if that is requested by workers’ or employers’ representatives. In this regard, the Committee notes that, in its 2020 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) stated its concerns about: (1) the effectiveness of this provision, as private employers with fewer than 50 employees, which is the case for over 97 per cent of private employers, are fully or conditionally exempted from this duty to report; and (2) the reportedly low level of compliance with the duties to take action and to report. It recommended strengthening penalties for non-compliance with such duties (E/C.12/NOR/CO/6, 2 April 2020, paragraphs 16 and 17). The Committee also notes that Section 34 of the EADA provides that “Women and men in the same undertaking shall receive equal pay for the same work or work of equal value. Pay shall be set in the same way, without regard to gender.” It recalls that: (1) the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise, as it allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers; and that (2) ensuring a broad scope of comparison is essential for the application of the principle of equal remuneration given the continued prevalence of occupational sex segregation (see 2012 General Survey on the Fundamental Conventions, paragraphs 697–699). In view of the above, the Committee asks the Government to provide information on: (i) the measured impact of the new legislation and its implementation in practice, including the types of measures taken when employers report pay inequalities in the workplace, as well as specific policies and programmes developed to explicitly tackle the gender pay gap and promote equal pay for work of equal value; and (ii) any measures taken or envisaged to amend the legislation so that the scope of application of the principle of equal remuneration for work of equal value goes beyond the same establishment or enterprise.

Articles 2 and 4. Collective agreements and cooperation with workers’ and employers’ organizations. Previously, the Committee asked the Government to provide information on the specific measures taken by the social partners to achieve equal pay between men and women in both the private and public sectors, including any agreements reached to address pay inequalities, and any activities undertaken to raise awareness of the principle of the Convention among workers, employers and their representatives. The Committee notes the Government’s statement that the social partners are responsible for conducting wage negotiations, the authorities acting as legislator and facilitator, and its reference to the Norwegian Technical Calculation Committee for Wage Settlements as well as to the Council for Working Life and Pensions Policy and its working group on equality in working life. In this regard, the Committee also notes UNIO’s observations that the basic equal pay issue is not going to be resolved as long as the responsibility for wage determination rests solely on the social partners. It further notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its 2017 concluding observations, underlined that the wage gap, in a horizontally and vertically gender-segregated employment market, had only slightly narrowed (and increased as the level of education rose) and that collective wage negotiations by social partners may have led to collective bargaining agreements that include gender discriminatory wages. It recommended that the Government establish a structure to monitor collective bargaining agreements to ensure that they are not gender discriminatory (CEDAW/C/NOR/CO/9, 22 November 2017, paras. 36 and 37). The Committee notes that the Government did not provide any examples of specific measures taken, or agreements reached, by the social partners to address pay inequalities and achieve equal pay between men and women, nor of any activities undertaken to raise awareness of the principle of the Convention. The Committee asks the Government, once again, to provide information on any specific measures taken by the social partners and through tripartite cooperation, to address pay inequalities and achieve equal pay between men and women in both the public and private sectors; as well as on any activities undertaken to raise awareness of the principle of equal remuneration for work of equal value among social partners and the general public.

Article 3. Objective job evaluation. The Committee notes that, in reply to its previous comment on the issue, the Government reiterates that objective job evaluation is not used in Norway and that there has been no review of this position since the last report. It also notes UNIO’s observation that there has been a hearing in Parliament taking as an example the Icelandic equal pay standard and certification system and that objective job evaluation is a relevant method for considering wage inequalities, provided users are trained to provide relevant data. In view of the persistent gender pay gap, the Committee requests the Government to provide information on any measures taken or envisaged to introduce objective job evaluation measures. Please also provide information on any action taken to address pay differentials between female- and male-dominated occupations so as to determine whether the work is of equal value, based on objective criteria free from gender bias.

Enforcement. The Committee previously requested information on the number and outcome of equal pay cases addressed by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal. In this regard, it notes that amendments to the Act relating to the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal (Equality and Anti-Discrimination Ombud Act, EAOA) were adopted by Parliament on 11 June 2019 and entered into force on 1 January 2020. The Committee notes the information provided by the Government on the activities of the Tribunal, including a recent case where the Tribunal concluded that there had been a violation of the law by a university offering a significantly higher salary to a male candidate for a position of associate professor than what it paid a woman recently hired for the same position. It also notes UNIO’s observation that the very few complaints on this matter and the even fewer decisions in favour of the complainant, clearly show that women have little protection against individual pay discrimination and no protection against structural pay discrimination. The Committee asks the Government to provide information on the measures taken or envisaged to raise awareness on the available means of redress. It also asks the Government to continue to provide information on the number and outcome of equal pay cases addressed by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal.

The Committee notes the observations of the Norwegian Confederation of Unions for Professionals (UNIO), which were submitted with the Government’s report, and the observations of the UNIO and the Norwegian Confederation of Trade Unions (LO), which were submitted with the Government’s report under the Equal Remuneration Convention, 1951 (No. 100). It also notes the further observations submitted by the Confederation of Norwegian Enterprise (NHO) and the International Organization of Employers (IOE) on 1 October 2020. The Committee requests the Government to provide its comments in this respect.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government and the social partners this year, as well as on the basis of the information at its disposal in 2019.

Article 1(1)(a) and (b) of the Convention. Legislative developments. The Committee notes the adoption of the Equality and Anti-Discrimination Act (EADA), which entered into force on 1 January 2018, replacing the four previous Acts on gender equality and anti-discrimination: the Gender Equality Act, the Ethnicity Anti-Discrimination Act (ethnicity, religion and belief), the Anti-Discrimination and Accessibility Act (disability) and the Sexual Orientation Anti-Discrimination Act (sexual orientation, gender identity and gender expression). It also notes the amendments to the Working Environment Act (WEA, already amended in 2015), which entered into force on 1 January 2019, and the amendments to the EADA, as well as to the Act relating to the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal (Equality and Anti-Discrimination Ombud Act, EAOA), which entered into force on 1 January 2020. Section 6 of the EADA prohibits discrimination on the basis of gender, pregnancy, leave in connection with childbirth or adoption, care responsibilities, ethnicity (which includes national origin, descent, skin colour and language), religion, belief, disability, sexual orientation, gender identity, gender expression, age or combinations of these grounds. In addition to information on the development of the new legislation, the Committee, in its previous comments, had requested information on any guidance and educational materials designed to promote its implementation. It notes that the Government did not provide information on the latter in its report. Noting the concerns of UNIO and LO that the 2015 amendments to the WEA – which purported to help give employees and employers greater flexibility and opportunities to find local solutions to secure more working hours for part-time positions and more full-time employment – would impair gender equality and protection in the working environment, the Committee also asked the Government to provide specific information on the impact of these amendments on the participation of men and women in the labour market and their employment status and conditions of work. In this regard, the Government indicates that a four-year research project was set up to monitor the effects of the amendments to the WEA. According to the Government, its findings indicate that the share of temporary employment has remained stable with a slight increase for young workers (the group where it is the highest) in the last three to four years. The gender disparities are also stable over time, with women more likely to be in temporary employment than men. In this regard, the Committee notes the UNIO’s observations that persistent pressure on working time arrangements, in particular shift-work with long working hours and night work, are having health-related consequences that are not taken into account, especially in the health sector where female workers predominate. The Committee asks the Government to provide information on the measured impact of the new legislation and its implementation in practice. Please also provide information on any guidance and educational materials designed to promote its implementation.

Article 1(1)(a). Sex. The Committee notes the Government’s indication that the upholding of the prohibition of sexual harassment was exclusively reserved to the ordinary courts of justice until the Anti-Discrimination Tribunal was also given this mandate as of 1 January 2020. The Government provides information on the 11 cases registered by the Tribunal as of 3 July 2020. The Committee also notes that, in reply to its request to provide information on the implementation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, in the area of employment and occupation, the Government indicates that the relevant measures have not yet been implemented but that they will be by 2020. The evaluation report should be available by March 2021. The Government started to work on a new action plan covering the next four years. The Committee asks the Government to continue to provide information on the cases of sexual harassment, in employment or occupation, brought before the Anti-Discrimination Tribunal and their outcomes. It also reiterates its request to the Government to provide information on the implementation of the action plan against discrimination based on sexual orientation, gender identity and gender expression 2017–2020, in so far as it involves action against discrimination and harassment in employment and occupation (including a copy of the evaluation report). Please also provide a copy of the new action plan.

Article 1(1)(a). Social origin, race and colour. In its previous comment, the Committee encouraged the Government to include explicit protection against discrimination related to “social origin” and “colour” in any new consolidating legislation for the purposes of clarity and conformity with Article 1(1)(a) of the Convention. It notes with interest that section 6 of the new EADA explicitly prohibits discrimination on the basis of “ethnicity” and specifies that it “includes national origin, descent, skin colour and language”. However, the legislation still does not explicitly provide for the prohibition of discrimination based on social origin. In this regard, the Committee notes the Government’s statement that the reference to the prohibition of discrimination on “other essential aspects of a person” (in section 1 of the EADA) also covers ‘social origin’ and its reiterated opinion that “social origin is mostly covered by the provision against discrimination on the basis of ethnicity, which also includes descent”. The Committee recalls, once again, that discrimination based on “social origin” refers to situations in which an individual’s membership of a class, socio-occupational category or caste determines his or her occupational future (see General Survey on the fundamental Conventions, 2012, paragraph 802). Thus, there may be instances where the concept of “social origin” extends beyond “descent” and “ethnicity”. The Committee notes the information provided on cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal. In view of the above, the Committee asks the Government to continue providing information on any cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal specifically addressing discrimination related to social origin within the meaning of the Convention, including information on the number, nature and outcome of such cases. Please also provide information on any measures taken or envisaged to prohibit explicitly discrimination based on social origin.

Discrimination on the basis of political opinion. The Committee previously hoped that the Government would be in a position to report the concrete steps taken to ensure that all domestic workers were protected against discrimination on the ground of political opinion and to report any new measures adopted to this end. The Committee notes the Government’s indication that it is currently examining the necessary amendments to the legislation in order to be able to ratify the Domestic Workers Convention, 2011 (No. 189), and that protection against discrimination is part of the review. The Committee asks the Government to keep it informed of any progress made towards ensuring that all domestic workers are protected against discrimination on the ground of political opinion.

Article 2. Equality of opportunity and treatment for men and women. In its previous comment, the Committee asked the Government to provide information on: (1) the steps taken to address gender discrimination related to pregnancy and the Ombud’s recommendations; (2) the significant measures taken to address the promotion of gender equality in employment and occupation, including entrepreneurship; (3) the specific measures taken to address the vertical and horizontal dimensions of labour market gender segregation and their impact, including statistical information; and (4) any complaints, decisions and rulings by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal concerning gender discrimination in employment, in particular based on the ground of pregnancy. The Committee notes: (1) the Government’s indication, on the one hand, that women only hold 25 per cent of the positions in the executive committees of the 200 largest companies in Norway, that 86 per cent of their CEOs are men, and that, in 2017, only 30 per cent of entrepreneurs were women, and, on the other hand, that the newly adopted EADA provides strong protection against discrimination for pregnant women and parents who use their rights to parental leave; (2) a number of initiatives put in place to achieve a less gender-divided education and labour market in the near future such as additional points given to the under-represented gender in university applications, and projects such as “Men in Healthcare” or “Girls and Technology”; and (3) the information provided in the report on cases handled by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal established by the EAOA as well as by their predecessors. Regarding the statistical information provided by the Government, the Committee notes that, in 2019, women represented 70 per cent of employees in the public sector and only 36 per cent in the private sector. They represented 80 per cent of workers in human health and social work activities and only 9 per cent in construction. The Committee asks the Government to continue to provide information on the initiatives taken to promote gender equality in employment and occupation and to address the vertical and horizontal dimensions of labour market gender segregation. Please provide information, including labour market statistical information, on the progress achieved. The Committee also asks the Government to continue to provide information on any complaints, decisions and rulings by the Equality and Anti-Discrimination Ombud and the Anti-Discrimination Tribunal concerning gender discrimination in employment.

Equality irrespective of race, colour or national extraction. Previously, the Committee asked the Government to identify policies and other steps taken to improve education levels, access to skills development and employment opportunities for men and women of Roma, Tater/Romani and immigrant backgrounds, and to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of any such measures. The Committee notes the Government’s indication that Norway does not keep registers on the basis of ethnicity and therefore cannot measure levels of employment according to ethnic origin but that a white paper concerning national minorities will be presented to Parliament in 2020. The Committee also notes the concluding observations of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the United Nations Human Rights Committee (CCPR) and the United Nations Committee on Economic, Social and Cultural Rights (CESCR), in which they indicated that they remained concerned that: (1) unemployment rates of persons belonging to ethnic minorities or with migrant backgrounds remain high (11.2 per cent) and the unemployment rate among immigrants is more than three times as high as the general population, with immigrants from Africa having the lowest employment rates; (2) there is a lack of clear guidelines on preventing discrimination in recruitment processes; and (3) there is a persistence of, and an insufficient focus on, the harassment and discrimination faced by ethnic minorities and persons of immigrant background in the workplace. The CERD requested the Government to ensure that the new action plan against racism and discrimination on the grounds of ethnicity and religion or other related action plans or studies provide for the investigation of and address harassment and discrimination faced by ethnic minorities and persons of immigrant background in the workplace (CERD/C/NOR/CO/23-24, 2 January 2019, paragraphs 17-18, CCPR/C/NOR/CO/7, 25 April 2018, paragraphs 8 and 9, and E/C.12/NOR/CO/6, 2 April 2020, paragraph 20). The Committee further notes the Government’s pledge to prioritize investment in education, qualification and skills in its ‘integration strategy’; to strengthen its efforts to prevent segregation and exclusion; and to amend the integration schemes in order to obtain better results. It notes that in July 2019, the Government introduced changes to provide increased opportunities for education and that it simplified the wage subsidy scheme. The Committee asks the Government to provide information on the measured impact and progress achieved in relation to: (i) the integration strategy; (ii) the white paper concerning national minorities; and (iii) the action plan against racism and discrimination on the grounds of ethnicity and religion. It reiterates its request to the Government to indicate how gender equality concerns are specifically taken into account in the formulation and implementation of such measures.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Articles 2 and 3. Collective agreements and cooperation with workers’ and employers’ organizations. The Committee notes the information provided by the Government, in reply to its previous request, including the fact that the Advisory Committee on Labour Market and Pension Issues, a tripartite body, discusses regularly the topic of gender equality (with a subgroup on working life) with a view to promoting activities geared towards gender equality in business undertakings and knowledge-sharing.

Enforcement. The Committee previously asked the Government to report on the work undertaken to strengthen the enforcement system. The Committee notes the Government’s indication that this system was reorganized in 2018: the handling of complaints was transferred from the Ombud to the new Tribunal whose statements and decisions can be challenged in the court system. The Committee notes the Government’s indication that the Tribunal may award redress only in cases regarding employment but that, notwithstanding a conclusion that a violation has been committed, it will award redress (for non-monetary losses) only if the plaintiff has submitted a claim to that effect. In most cases, the claim for financial loss must be pursued before a court of law. The Committee also notes that: (1) the CERD, in its concluding observations, emphasized that, while there is an active reporting duty set out in the EADA requiring employers to take active measures to promote equality, there are no penalties for failure to do so, and asked the Government to ensure that the EADA includes penalties for lack of compliance (CERD/C/NOR/CO/23-24, paragraphs 17 (e) and 18 (e)); (2) UNIO, in its observations, regrets that the duty to account for measures taken to promote equality is weakened for gender equality in the new consolidated legislation; (3) LO does not consider that a gender neutral law represents a strengthening but welcomes the 2020 revision of the EADA and the EAOA (strengthening the employers’ obligation to promote equality and transferring the individual complaint mechanism in cases of sexual harassment from the courts to the Anti-Discrimination Tribunal); and (4) NHO and IOE underline the need for procedural rights with regard to the Anti-Discrimination Tribunal procedure, namely a fair assessment of evidence and secure basic principles. The Committee asks the Government to provide information on cases handled by the Anti-Discrimination Tribunal, other than those reported under the grounds above, including those who may have been challenged in court, and the outcome of such procedure. It also requests the Government to indicate the measures taken to enforce the duty of employers, under the EADA, to report on their active promotion of equality, and the results achieved.

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019. The Committee notes the observations from the Norwegian Confederation of Trade Unions (LO) sent with the Government’s report.

Articles 1 and 2 of the Convention. Employment trends and measures to address the COVID-19 pandemic. The Committee notes that in reply to its previous request, the Government provides labour market data on the level and trends of employment, unemployment and underemployment from 2008 to 2019. The Government indicates that before the COVID-19 outbreak, the employment situation in Norway was characterized by a relatively high employment rate, in particular among women, low unemployment rate and low underemployment. The Committee notes that according to the statistics the total employment rate for workers aged 15–74, for 2019 was 67.8 per cent, compared to 67 per cent in 2018. While there was still a significant gender employment gap (70.5 per cent of men and 65.1 per cent of women are employed), this was smaller than that of other European countries. The employment rate of young workers (aged 15-24) was 50.4 per cent for men and 50.9 per cent for women in 2019. The Committee notes that the Government indicates that the COVID-19 crisis has had a major impact on the Norwegian economy and the labour market. The registered unemployment rate reached a historically high level in 2020 and the drop in employment has been considerable. The latest figures from the Labour Force Survey (LFS) show that employment has fallen by 1.5 percentage point from February to June 2020. The Committee requests the Government to continue to provide detailed statistics concerning the employment trends and their evolution, particularly taking into account the effects of the COVID-19 pandemic.

Labour market measures and COVID-19. The Committee notes the Government’s indication that in 2019 nearly 69,900 persons participated in active labour market measures on average per month. About 14,200 of them were unemployed and 52,700 were persons with disabilities. Youth, immigrants from non-EEA countries and long-term unemployed were given special priority for participation. The Government further indicates that a literature review on the impact of labour market measures in Norway carried out in 2019 concluded that labour market measures have a positive impact on employment. However, participation in the programmes reduce the participants time for job-search, causing longer unemployment spells. The impact of the measures differs both within measures and within groups of participants. National and international research shows that in general, labour market measures carried out in a regular work place yield better results than training measures in a sheltered environment. The figures for 2019 show that among those unemployed, 67 per cent found a job six months after the services ceased. For people with disabilities, 43 per cent were employed six months after the services ceased. The Government indicates that while these figures have been relatively stable for many years, they cannot be interpreted as the result of the assistance given by the Labour and Welfare Administration. The Government further adds that to compensate income losses due to the COVID-19 pandemic, a number of measures have been temporarily introduced in 2020. These measures include: (i) extensive changes to the unemployment benefits scheme, including lowering the eligibility criteria; (ii) increasing the level of compensation, and increasing the opportunities to take part in formal education whilst receiving unemployment benefits; (iii) additional amendments to the unemployment benefits scheme specific for temporarily laid-off workers (resulting in the state taking a larger part of the pay obligations and securing a higher level of compensation for the temporarily laid-off worker); (iv) new schemes to secure income to groups that normally are not covered by the existing unemployment benefit scheme (apprentices, self-employed and freelancers). Furthermore, the employers’ period for paying compensation for sick-leave as a result of the corona virus outbreak has been reduced. Self-employed and freelancers will get sick-leave compensation earlier. The quota for care allowance is increased and the employers’ compensation period for care allowances has been reduced. Furthermore, the maximum periods to access some allowances have been prolonged (for example, the temporary benefits work assessment allowance (AAP) and the Qualification Programme). The Government has introduced a temporary salary compensation scheme for employers that bring back to work those employees who had been laid off as a result of the situation. The Committee requests the Government to continue to provide information on the labour market measures taken to address and mitigate the negative impact of the COVID-19 pandemic. The Government is also requested to provide statistics on the impact of those measures on job retention and employment creation including for persons with disabilities.

Reform of the Labour and Welfare Administration (NAV). Concerning the merging of the Public Employment Services (PES), the National Social Insurance Administration (NSIA) and the municipal social cash benefit offices, the Government reports that there is a continuous ambition to improve the efficiency of the Labour and Welfare Administration, particularly to reallocate resources to benefit those most in need. Measures are currently being taken to improve the use of information and communication technology (ICT) with the digitalization and automation in the applications for and management of benefits. Furthermore, measures are taken to improve skills and competencies of staff. The Government adds that in the framework of a local government reform, the number of regional offices was reduced from 19 to 12 offices in 2019, and there are now 326 Nav-offices. The Government further reports that the rise in unemployment and the number of temporarily laid-off workers due to the COVID-19 outbreak has put the Labour and Welfare Administration under substantial pressure. From 1 January to 1 September 2020 the agency received 561 000 applications for unemployment benefits, which is five times as many as those received in the same period in 2019. The Committee requests the Government to continue to provide information on the activities carried out by the Labour and Welfare Administration (NAV) and their impact on the promotion of full, productive and freely chosen employment. The Government is requested to indicate the specific measures adopted by the NAV to address the challenges posed by the COVID-19 pandemic.

Particular categories of workers vulnerable to decent work deficits. The Committee requested the Government to provide detailed information, including statistical data, on the impact of the employment measures implemented under the Inclusive Work Life Agreement (IW agreement) and other measures targeting specific categories of workers vulnerable to decent work deficits, including women, young persons, older workers, persons with disabilities and migrant workers, as well as rural workers and those in the informal economy. It also requested the Government to provide information on measures taken or envisaged to foster gender parity in employment in all age groups and across all populations, particularly among members of disadvantaged groups. The Government indicates that the IW agreement, which exists since 2001, was re-negotiated in 2018. A revised 4-year agreement has been in force as of January 2019. The agreement aims for a 10 per cent reduction in sick leave and for a reduction in withdrawal from work life. The Committee notes in this regard that LO emphasizes that in the period from 2001 to 2018 there has been a reduction of 13 per cent in sick leaves, although the original target was 20 per cent, a target reached only by six industries. The Committee further notes the disaggregated statistical data provided by the Government on the employment situation of young persons, older workers, persons with disabilities and immigrants for the period 2008-2019. The Government further indicates that the labour market measures are universal and that access to the different programmes is based on an individual work ability assessment. In general, the measures are not targeted to specific disadvantaged groups, although youth, immigrants from non-EEA countries and long-term unemployed are given special priority for participation. The Government adds that according to the Labour force survey, the employment rate of persons with disabilities was of 40.6 per cent in the second quarter of 2020, which shows a significant drop for 2020. Besides, the reduction is more pronounced than that of the total population which shows that the gap in employment between the total population and persons with disabilities has increased. The Committee notes that in the report “Beijing+25, the situation of women and girls in Norway: development, progress and measures 2014-2019”, the Government provides information concerning the measures taken to promote women full-time employment and greater participation in the labour market which include, for example: the mapping by employers of the use of involuntary part-time employment; improving the organization of future working hours; and ensuring the preferential right of part-time employees (mainly women) to an extended position. The report also enumerates the measures adopted to address traditional gender segregation in the labour market and in education as well as measures taken to foster migrant women job opportunities. The Committee requests the Government to continue to provide detailed information, including statistical data, on the impact of the employment measures on specific categories of workers vulnerable to decent work deficits, including women, young persons, older workers, persons with disabilities and migrant workers as well as any measure aimed at fostering gender parity. The Government is requested to provide specific information on the particular situation and challenges faced by workers belonging to these groups in accessing and remaining in the labour market due to the COVID-19 pandemic and the measures adopted to address them.

Articles 3 and 7 of the Convention. National policy on vocational rehabilitation and employment of persons with disabilities. In its previous comments, the Committee requested the Government to provide information on the measures taken in cooperation with the social partners to ensure that vocational rehabilitation measures are made available to all categories of persons with disabilities, as well as to describe the impact of the measures taken to promote employment opportunities for persons with disabilities on the open labour market. In this context, the Government refers to information contained in its report on the application of the Employment Policy Convention, 1964 (No. 122), according to which, in 2018, an average of over 70,100 persons per month participated in active labour market measures, of which 53,750 were persons with disabilities. The Government indicates that scientific evaluations of the different measures over the years concluded that they have a positive impact on employment. It adds that the labour market situation of persons receiving services or benefits from the Labour and Welfare Administration is monitored six months after services or benefits cease. The Committee notes that, according to the figures for 2018, six months after cessation of services or benefits, 66 per cent of unemployed persons had secured employment, compared to 42 per cent of persons with disabilities. The Government indicates that these figures have remained relatively stable for many years. The Committee notes that, in 2018, the overall employment rate of persons with disabilities between the ages of 15 and 66 was 43.9 per cent, compared to 74 per cent for the general population. The Committee notes that, in its initial report to the Committee on the Rights of Persons with Disabilities (CRPD/C/NOR/1, 7 December 2015, paragraphs 251–254 and 259–260), the Government refers to a number of measures taken to promote employment for persons with disabilities, including: the Jobs Strategy for Persons with Disabilities, adopted in 2012, which focuses on persons with disabilities under the age of 30; the Follow-up Plan for Work and Mental Health 2013-2016, which aims to assist persons with mental health disorders to complete an education and participate in working life; and the Inclusive Working Life Agreement (IW) 2014–2018, a tripartite agreement aimed, inter alia, at increasing the employment of persons with disabilities. With respect to vocational rehabilitation, the Committee notes the absence of information in the Government's report with regard to measures taken to ensure that vocational rehabilitation measures are made available to all persons with disabilities. The Committee requests that the Government provide detailed updated information including statistical data disaggregated by sex and age, regarding the nature and impact of active labour market measures taken to promote employment opportunities for persons with disabilities on the open labour market, including information with regard to the status and impact of the Job Strategy for Persons with Disabilities, the Follow-up Plan for Work and Mental Health and the Inclusive Working Life Agreement. In addition, the Committee reiterates its request that the Government provide information concerning the measures taken in consultation with the social partners and the representative organizations of and for persons with disabilities to ensure that vocational rehabilitation measures are made available to all categories of persons with disabilities.

COVID-19 pandemic. In light of the profound socio-economic impacts of the COVID-19 pandemic, the Government is invited to provide updated information on the impact of the crisis on the application of the Convention in relation to the employment of persons with disabilities.

Comments adopted by the CEACR: Norway

Adopted by the CEACR in 2021

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C132 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C148 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

National policy

National system

National OSH Programme

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Occupational Cancer Convention, 1974 (No. 139)

3. Asbestos Convention, 1986 (No. 162)

4. Chemicals Convention, 1990 (No. 170)

C. Protection in specific branches of activity

1. Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

2. Safety and Health in Construction Convention, 1988 (No. 167)

3. Safety and Health in Mines Convention, 1995 (No. 176)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Comments adopted by the CEACR: Norway

Display the list by:

Adopted by the CEACR in 2021

C014 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C030 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C081 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C132 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C148 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2021, published 110th ILC session (2022)

C155 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

A. General provisions

OSH and its promotional framework (Conventions Nos 155 and 187)

National policy

National system

National OSH Programme

B. Protection against specific risks

1. Radiation Protection Convention, 1960 (No. 115)

2. Occupational Cancer Convention, 1974 (No. 139)

3. Asbestos Convention, 1986 (No. 162)

4. Chemicals Convention, 1990 (No. 170)

C. Protection in specific branches of activity

1. Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

2. Safety and Health in Construction Convention, 1988 (No. 167)

3. Safety and Health in Mines Convention, 1995 (No. 176)

C160 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C094 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C122 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C159 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)