Act relating to the working environment, working hours and employment protection, etc. (Working Environment Act)

Chapter 4. Requirements regarding the working environment

Section 4-1.General requirements regarding the working environment

(1) The working environment in the undertaking shall be fully satisfactory when the factors in the working environment that may influence the employees' physical and mental health and welfare are assessed separately and collectively. The standard of safety, health and working environment shall be continuously developed and improved in accordance with developments in society.
(2) When planning and arranging the work, emphasis shall be placed on preventing injuries and diseases. The organisation, arrangement and management of work, working hours, and wage systems, including the use of performance-related pay, technology, etc., shall be organised in such a way that the employees are not exposed to adverse physical or mental strain and that due regard is paid to safety considerations.
(3) It shall be assessed whether there are any special risks associated with working alone in the undertaking. Measures necessary for preventing and reducing any risk of working alone shall be implemented to meet the statutory requirements regarding a fully satisfactory working environment.
(4) The undertaking shall be arranged for employees of both sexes.
(5) Passageways, sanitary facilities, work equipment, etc. shall to the extent possible and reasonable be designed and arranged so that employees with disabilities can work at the undertaking.
(6) The Ministry may issue regulations concerning restricting permission to employ certain groups of employees who may be particularly vulnerable to accidents or health hazards and concerning relocation of such employees.
(7) The Ministry may issue regulations requiring the use of HSE cards by employees in branches where this is necessary or appropriate to safeguard the employees' health, environment and safety and concerning lists of persons at any time employed at the workplace. If so ordered by the Ministry, the public authorities shall be obliged, notwithstanding the duty of secrecy, to provide the issuer of HSE cards with all information from public registers that is necessary for the issue of HSE cards.
(8) When consideration for health, environment and safety so indicates, the Ministry may issue regulations stating that undertakings that provide cleaning services or services in connection with maintenance and repair of motor vehicles, must be approved by the Labour Inspection Authority and concerning the detailed contents of such an approval arrangement. When such approval is required, it will be unlawful to use services operated by undertakings with no such approval.

Section 4-2.Requirements regarding arrangement, participation and development

(1) The employees and their elected representatives shall be kept continuously informed of systems used in planning and performing the work. They shall be given the training necessary to enable them to familiarise themselves with these systems, and they shall take part in designing them.
(2) The design of each employee's working situation shall pay regard to the following:
a.arrangements shall be made to enable the employee's professional and personal development through his or her work,
b.the work shall be organised and arranged concerning the individual employee's capacity for work, proficiency, age and other conditions,
c.emphasis shall be placed on giving employees the opportunity for self- determination, influence and professional responsibility,
d.employees shall as far as possible be given the opportunity for variation and for awareness of the relationships between individual assignments,
e.adequate information and training shall be provided so that employees can perform the work when changes occur that affect their working situation.
(3) During reorganisation processes that involve changes of significance for the employees' working situation, the employer shall ensure the necessary information, participation and competence development to meet the requirements of this Act regarding a fully satisfactory working environment.
(4) The Ministry may by regulation issue further provisions concerning the implementation of the requirements of this section.

Section 4-3.Requirements regarding the psychosocial working environment

(1) The work shall be organised, planned and carried out to ensure that the psychosocial working environment factors in the undertaking are fully justifiable with regard to employee health, safety and welfare.
(2) In addition to conditions as referred in the third to sixth paragraphs, psychosocial working environment factors include:
a.unclear or conflicting requirements and expectations in the work,
b.emotional demands and burdens relating to working with people,
c.workload and time pressures that result in an imbalance between the work to be performed and the time available,
d.support and help in the work.
(3) The work shall be arranged to preserve the employees' integrity and dignity.
(4) Efforts shall be made to arrange the work to enable contact and communication with other employees of the undertaking.
(5) The employee shall not be subjected to harassment, including sexual harassment, or other misconduct. Harassment means acts, omissions or statements that have the purpose or effect of being offensive, frightening, hostile, degrading or humiliating. Sexual harassment means any form of unwanted sexual attention that has the purpose or effect of being offensive, frightening, hostile, degrading, humiliating or troublesome.
(6) Employees shall, as far as possible, be protected against violence, threats and undesirable strain as a result of contact with other persons.
(7) The Ministry may by regulation issue further provisions concerning the implementation of the requirements of this section.

Section 4-4.Requirements regarding the physical working environment

(1) Physical working environment factors such as factors relating to buildings and equipment, indoor climate, lighting, noise, radiation and the like shall be fully satisfactory with regard to the employees' health, environment, safety and welfare.
(2) The workplace shall be equipped and arranged in such a way as to avoid adverse physical strain on the employees. Necessary aids shall be made available to the employees. Arrangements shall be made for variation in the work and to avoid heavy lifting and monotonous repetitive work. When machines and other work equipment are being installed and used, care shall be taken to ensure that employees are not subjected to undesirable strain as a result of vibration, uncomfortable working positions and the like.
(3) Machines and other work equipment shall be designed and provided with safety devices so that employees are protected against injuries.
(4) Living quarters made available to employees by the employer shall be properly constructed, equipped and maintained. Any house rules shall be drawn up in consultation with employees' representatives.
(5) The Ministry may by regulation issue further provisions concerning the implementation of the requirements of this section and may here provide that the provisions shall apply to the lessors of premises and the like.

Section 4-5.Particularly concerning chemical and biological health hazards

(1) When handling chemicals or biological substances, the working environment shall be so arranged that employees are protected against accidents, injuries to health and excessive discomfort. Chemicals and biological substances shall be manufactured, packed, used and stored in such a way that employees are not subjected to health hazards.
(2) Chemicals and biological substances that may involve health hazards shall not be used if they can be replaced by other substances or by another process that is less hazardous for the employees.
(3) The undertaking shall have the necessary routines and equipment to prevent or counteract injuries to health due to chemicals or biological substances.
(4) The undertaking shall keep a record of hazardous chemicals and biological substances. The record shall include information on physical, chemical and hazardous properties, preventive safety measures and first-aid treatment. Containers and packaging for chemicals and biological substances shall be clearly labelled with the name and composition and a warning in Norwegian.
(5) The Labour Inspection Authority may in individual cases wholly or partly exempt from the provisions of this section in connection with research and analysis or the like.
(6) The Ministry may by regulation issue further provisions concerning the implementation of the requirements of this section and may here provide that a record shall be kept of employees who are exposed to specified chemicals or biological substances.
(7) The Ministry may in regulations issue further provisions concerning the use, registration, assessment, approval, reporting, information, restriction or other handling of chemicals.

Section 4-6.Particularly concerning adaptation for employees with reduced capacity for work

(1) If an employee suffers reduced capacity for work as a result of an accident, sickness, fatigue or the like, the employer shall, as far as possible, implement the necessary measures to enable the employee to retain or be given suitable work. The employee shall preferably be allowed to continue his normal work, possibly after special adaptation of the work or working hours, alteration of work equipment, work-oriented measures or the like.
(2) If, pursuant to the first paragraph, it is appropriate to transfer an employee to other work, the employee and the employees' elected representatives shall be consulted before deciding the matter.
(3) Unless regarded as evidently unnecessary, the employer shall in consultation with the employee prepare a follow-up plan for return to work following an accident, sickness, fatigue or the like. Work on the follow-up plan shall commence as soon as possible, and the plan shall be prepared at the latest when the employee has been wholly or partly absent from work for four weeks. The follow-up plan shall contain a review of the employee's responsibilities and capacity for work. The plan shall also contain appropriate measures by the employer, appropriate measures involving the assistance of the authorities and plans for further follow-up. The employer shall ensure that the follow-up plan is communicated to the health professional responsible for granting sick leave as soon as it is prepared and after four weeks at the latest. The employer shall moreover ensure that the updated plan is sent to the Labour and Welfare Service at the latest one week before dialogue meetings called by the Labour and Welfare Service, cf. section 25-2, third paragraph of the National Insurance Act.
(4) The employer shall summon the employee to a dialogue meeting concerning the contents of the follow-up plan at the latest within seven weeks after the employee has been wholly absent from work owing to an accident, sickness, fatigue or the like unless this is clearly unnecessary. In the case of employees who are partly absent from work for the above reasons, such a meeting shall be held when deemed appropriate by the employer, the employee or the health professional responsible for granting sick leave. If so wished by both the employer and the employee, or by the employee only, the health professional responsible for granting sick leave shall be summoned to the dialogue meeting. In the event of extraordinary circumstances associated with the working situation of the health professional responsible for granting sick leave, he or she may be exempted from the obligation to participate in the dialogue meeting. The Labour and Welfare Service, occupational health service and other relevant actors may be summoned if so wished by the employer or employee. The same applies to other relevant actors, with the exception that medical personnel who are treating or have treated the employee may not be summoned if the employee objects to this.
(5) The employer shall be able to document how the provisions concerning the follow- up plan and dialogue meeting have been followed up, including the persons who were summoned to and attended the dialogue meeting.
(6) The Ministry may by regulation issue further provisions concerning the implementation of the requirements of this section.