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

Chapter 6. Safety representatives

Section 6-1.Obligation to elect safety representatives

(1) Safety representatives shall be elected at all undertakings subject to this Act. At undertakings with fewer than five employees, the parties may agree in writing upon a different arrangement, which may involve agreeing that the undertaking shall not have a safety representative. Unless otherwise provided regarding the period of validity of the agreement, it shall be considered to apply for two years from the date of signature. The Norwegian Labour Inspection Authority may, following a concrete assessment of the circumstances at the undertaking, decide that it shall nevertheless have a safety representative. At undertakings with more than 10 employees, two or more safety representatives may be elected.
(2) The number of safety representatives shall be decided according to the size of the undertaking, the nature of the work and working conditions in general. If the undertaking consists of several separate departments or if employees work shifts, at least one safety representative shall generally be elected for each department or shift team. Each safety area shall be clearly delimited and shall not be larger than that the safety representative can have full control and properly attend to his duties.
(3) Undertakings with more than one safety representative shall have at least one senior safety representative, who shall be responsible for coordinating the activities of the safety representatives. The senior safety representative shall be elected from among the safety representatives or other persons who hold or have held positions of trust at the undertaking.
(4) Notices giving the names of those acting as safety representatives at any given time shall be posted at the workplace.
(5) The Ministry may issue regulations with further provisions concerning the number of safety representatives, concerning elections, including conditions governing the right to vote and eligibility, concerning the right of the local trade union to appoint safety representatives, and the safety representatives' term of office.

Section 6-2.Duties of safety representatives

(1) The safety representative shall safeguard the interests of employees in matters relating to the working environment. The safety representative shall ensure that the undertaking is arranged and maintained and that the work is performed in such a manner that the safety, health and welfare of the employees are safeguarded in accordance with the provisions of this Act. The first and second sentences shall apply correspondingly for hired employees and independent contractors who perform work in close connection with the undertaking.
(2) The safety representative shall particularly ensure:
a.that employees are not exposed to hazards from machines, technical installations, chemical substances and work processes,
b.that safety devices and personal protective equipment are provided in adequate numbers, that they are readily accessible and in proper condition,
c.that the employees receive the necessary instruction, practice and training,
d.that work is otherwise arranged in such a way that the employees can properly perform the work regarding health and safety,
e.that notifications concerning occupational accidents, etc. are made, pursuant to section 5-2,
f.that the employees’ psychosocial working environment is safeguarded.
(3) As soon as a safety representative learns of circumstances that may result in accidents and health hazards, the safety representative shall immediately notify the employees at the location, and if the safety representative is unable to avert the danger himself, he shall bring the matter to the attention of the employer or the employer's representative. When so notified, the employer shall give the safety representative a reply. If no action has been taken within a reasonable space of time, the safety representative shall notify the Labour Inspection Authority or the working environment committee.
(4) The safety representative shall be consulted during the planning and implementation of measures of significance for the working environment within the representative's safety area, including establishment, exercise and maintenance of the undertaking's systematic health, environment and safety work, cf. section 3-1.
(5) The safety representative shall be informed of all occupational diseases, occupational accidents and near accidents in his or her area, of reports and measurements relating to occupational health and of any faults or defects detected.
(6) The safety representative shall familiarise himself with current safety rules, instructions, orders and recommendations issued by the Labour Inspection Authority or the employer.
(7) The safety representative shall participate in inspections of the undertaking by the Labour Inspection Authority.
(8) The Ministry may by regulation issue further provisions concerning the activities of the safety representatives and concerning the representatives' duty of secrecy. Such provisions may provide that the safety representative shall perform tasks assigned to the working environment committee pursuant to section 7-2 when the undertaking has no such committee. The authority to make decisions pursuant to section 7-2, fourth paragraph, third sentence, and section 7-2, fifth paragraph, may not be vested in the safety representative.

Section 6-3.The safety representative's right to halt dangerous work

(1) If a safety representative considers that the life or health of employees is in immediate danger and such danger cannot be averted by other means, work may be halted until the Labour Inspection Authority has decided whether work may be continued. Work may only be halted to the extent the safety representative considers it necessary to avert danger.
(2) The halting of work and the reason for this shall be reported without delay to the employer or the employer's representative.
(3) The safety representative is not liable for any loss suffered by the undertaking because of work being halted pursuant to the provision laid down in the first paragraph.

Section 6-4.Special local or regional safety representatives

(1) In building and construction undertakings, in connection with loading and unloading of goods and otherwise when special circumstances so necessitate, the Ministry may provide in regulations that special local safety representatives shall be appointed. Such safety representatives may be assigned responsibilities, duties and rights as referred to in sections 6-2 and 6-3 in relation to employers at the workplace.
(2) The Ministry may provide in regulations that there shall be arrangements regarding regional safety representatives covering several undertakings within a single geographical area.
(3) Regulations issued pursuant to this section may include provisions concerning how the safety representatives shall be appointed, what responsibilities they shall have, and how the costs of their activities shall be distributed.

Section 6-5.Costs, training, etc.

(1) The employer shall ensure that safety representatives receive the training necessary to enable them to perform their duties properly. The safety representative has the right to attend the necessary training in the form of courses held by the employee organisations. The Ministry may by regulation lay down further requirements regarding such training.
(2) Safety representatives shall be allowed the time necessary to perform their duties properly. As a rule, these duties shall be performed within normal working hours.
(3) The employer is responsible for the costs of training and other costs associated with the work of the safety representatives. The duties of the safety representatives that must be performed outside normal working hours pursuant to section 10-4 shall be remunerated as overtime work.
(4) The employer shall ensure that the office of the safety representative shall not involve a loss of income for the safety representative or in any other way impair his terms and conditions of employment.