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Articles 5(a), 10, 16, 17 and 18 of the Convention. Increase in the number of labour inspectors and inspection activities. Collaboration of the labour inspection services with the authorities responsible for education and the judicial authorities. Further to its previous request concerning the geographical distribution of inspection staff, the Committee notes the detailed information provided by the Government in this respect. In particular, it notes with satisfaction that the numbers of inspectors have increased from 277 in 2007 to 315 in 2008, which has resulted in a significant increase in the number of workplaces inspected.
The Committee also notes with interest that guidelines to ensure uniform practice in relation to violations of the legal provisions covered by the Convention are in force and that there has been a rise in the number of judicial decisions following reported violations as a result of the development of better cooperation between the labour inspectorate, the police and the judicial authorities.
While recognizing that the number of reported offences referred to the police has increased over the past five years, the Norwegian Confederation of Trade Unions (LO) nevertheless considers that the number is low in relation to the number of violations reported by the Government in its report on the application of the Occupational Cancer Convention, 1974 (No. 139). They consisted in particular of failure to comply with the obligation to train workers responsible for certain types of work or to provide personal protective equipment, reported on the occasion of an inspection campaign targeting particularly sensitive branches. The Committee noted in a comment addressed to the Government in 2009 that through appropriate training for labour inspectors, the Labour Inspection Authority has adopted measures to extend the supervision of health risks related to chemicals, and particularly carcinogenic substances and agents, with a view to improving the quality of supervision. The Government has also launched a major campaign in four different sectors with a view to raising competence levels and reducing the risks of infection due to solvents and risks of dermatological and respiratory problems among workers. Furthermore, in its report on Convention No. 139 received by the Office in January 2010, the Government reports significant progress in the field of prevention as reported by the labour inspectorate during a second verification campaign in workplaces in which violations had been identified.
Article 14. Cooperation in the notification of industrial accidents and cases of occupational disease. The Committee notes with interest in the Government’s report relating to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), that the labour inspectorate has been able to cooperate in the establishment of an electronic hospital register of the accidents treated in all Norwegian hospitals, including a special module for the registration of industrial accidents. However, according to the Government, cases of occupational disease remain under-declared despite the obligation placed on medical practitioners to notify them to the labour inspectorate; nevertheless, the Committee notes with interest that the difficulties relating to the slowness of the manual processing of documents are being resolved through the collaboration of the labour inspectorate with the Norwegian Medical Association for the establishment of an electronic system of reporting based on the electronic patient journal and the secure electronic portal known as “Health Net”. The Committee requests the Government to keep the ILO informed of any progress achieved in the communication to the labour inspectorate of data on industrial accidents and cases of occupational disease, the impact of this progress on activities for the prevention of occupational risks in workplaces and their results.
Articles 10 and 16 of the Convention. Temporary reduction in labour inspection activities. The Committee notes that the Government has not provided a report and that it has not added any comments to those made in its report received by the ILO on 5 November 2007, to which it attached the observations made by the Norwegian Confederation of Trade Unions (LO). The organization expressed concerns with regard to the impact of the transfer of the central labour inspectorate from Oslo to Trondheim on inspection activities, though it was confident that the situation would be restored to normal in the end. The Committee would be grateful if the Government would provide information in its next report on the geographical distribution of labour inspection staff and statistics showing developments relating to inspection activities during the period covered by the next report.
Article 14. Notification of the labour inspectorate of industrial accidents and cases of occupational disease. The Committee would be grateful if the Government would provide information on the measures taken to improve the system of reporting cases of occupational disease, as well as their results.
[The Government is asked to reply in detail to the present comments in 2010.]
The Committee notes that the Government’s report, in reply to its previous comments, and the observation made by the Confederation of Trade Unions (LO) on the application of the Convention, attached to the report, were only received on 5 November 2007 and cannot therefore be examined at the Committee’s present session. The Committee will examine them with any comment that the Government may wish to make on the points raised by the LO at its next session (November–December 2008).
The Committee notes the Government’s report indicating the main changes that have occurred in application of the Convention during the period covered, the statistical data on industrial accidents by branch of employment that occurred during the period 2002-03 and the labour inspection reports for 2003 and 2004.
The Committee also notes the Government’s partial replies to the matters raised by the Norwegian Confederation of Trade Unions (LO) in the comments the latter communicated to the ILO in February 2004 and to the further comments from the same organization, transmitted with its report.
1. Dissolution of the Labour Inspection Consultative Council. In its 2004 comment, the LO expressed concern at the manner in which the Council of the Labour Inspection Authority in which consultations were held between the authorities and the social partners has been dissolved. From the LO’s point of view, the recent reorganization of government services responsible for safety and health at work and the environment has had an impact on their spheres of competence. In addition, the removal of the Directorate of Labour Inspection from Oslo to Trondheim has resulted in supplementary financial constraints prejudicial to its operation, particularly for supervising compliance with legislation and regulations concerning health and safety at work throughout the transition period. The LO regretted in particular that the removal had been made without any consultation with the social partners.
The Committee notes that, according to the Government, the relocation of the Directorate of Labour Inspection was the result of a government decision and approved by the Norwegian Parliament. The Government undertook, however, to ensure that the labour inspection authority would fulfil its obligations under section 74 of the Act relating to worker protection and the working environment as soon as the Directorate of Labour Inspection was installed. The Committee requests the Government to keep the ILO informed of any changes in the operation of the labour inspectorate in aspects associated with the changes mentioned by the LO and to indicate the measures taken or envisaged to promote collaboration, in accordance with Article 5(b) of the Convention between the labour inspectorate and employers’ and workers’ organizations.
2. Inspection staff and collaboration of experts and technicians. In a more recent comment, the LO stated that there had been a reduction in the labour inspection capacities which no longer fulfilled the requirements of Article 9 of the Convention under which each member shall take the necessary measures to ensure that duly qualified technical experts and specialists, including specialists in medicine, engineering, electricity and chemistry, are associated in the work of inspection, for the purpose of securing the enforcement of the legal provisions relating to the protection of workers’ health and safety. According to the LO, the reorganization of the inspection services has resulted not only in a decrease in the number of experts and specialist technicians but also in the number of inspectors in general. It requests that measures should be taken to reinforce numbers in order to bring them into compliance with the requirements of Article 10 and that, as provided in Article 16, workplaces should be inspected as often and as thoroughly as necessary. The Government has stated that these assertions of LO are unfounded and that not only has there been no reduction in the inspection staff but that personnel will be transferred from the directorate to the regions according to the new organizational model. The Committee hopes that the Government will not fail to keep the Office informed of progress made in this direction and that it will supply statistical information illustrating the geographical distribution of inspection staff broken down by category and speciality under the new organizational model.
3. Reporting of occupational accidents and diseases. According to the LO, in the current state of the system for reporting occupational accidents and diseases, there is gross underreporting. The LO considers it necessary that measures be taken to ensure that these statistics reflect the actual situation more faithfully. The Government, for its part, states that not all occupational diseases are compensated – notably, musculoskeletal and psychiatric diseases are excluded. The Government states, furthermore, that the lack of reporting of cases of occupational disease is due to the existence of two systems, one administered by the social security system and the other vested in the responsibility of all doctors who diagnose a disorder of occupational origin. According to the Government, most doctors neglect to carry out properly their obligations in this regard. The Committee would be grateful if the Government would indicate the measures taken or envisaged to remedy this lack which is clearly prejudicial to the sufferers and their dependants and to supply supplementary information in reply to the point raised by the LO on the subject of failings in the occupational accidents reporting system.
4. Failings in the system for taking proceedings against violations. According to the LO, the procedure for proceedings against violators of the legislation, which falls within the competence of the labour inspectors, is subject to a laborious procedure incompatible with the requirements of Article 17 of the Convention which provides that prompt legal proceedings shall be taken. The LO considers that the current procedure undermines the authority of the labour inspectors. Noting the lack of comment by the Government on this view expressed by the LO, the Committee requests to Government to indicate how it is ensured that labour inspectors carry out their supervisory function effectively in its dual educational and repressive aspect, when the second aspect is necessary to obtain compliance with the law.
The Committee notes the communication by the Government of the comment made by the Norwegian Confederation of Trade Unions (LO) concerning the application of the present Convention and of Convention No. 129. The Government is asked to communicate in its next report to the ILO, for examination by the Committee at its next session, any information which it considers useful with regard to the points raised by the Organization, and with regard to those raised in the observation of 2003.
The Committee notes the Government’s report and the annual report of inspections for 2002 as well as the attached report on the activities of labour inspection in the Oslo region for the same year. The Committee notes with interest the contribution of research institutions to identifying the needs and priorities of labour inspection, as well as the manner in which the cooperation provided under Article 5(a) of the Convention is being developed between the inspection services, on the one hand, and the various government services and departments engaged in similar activities, on the other hand. In this respect, it notes that a joint database on occupational health and safety has been created with the Directorate for Fire and Electrical Safety, the Industrial Health and Security Organization and the Pollution Control Authority in order to ensure the rational coordination of their respective activities, and that a framework for cooperation at the local and regional levels has been established between the labour inspection services and county employment centres in order to exchange information and explore opportunities for joint action. Noting the Government’s statement on the reinforcement of inter-institutional collaboration targeting certain enterprises in particular, the Committee would be grateful if the Government would provide information on the various forms of this collaboration and its impact on the results of inspection activities.
The Committee notes the Government's report. It requests the Government to provide further information on the points raised below.
1. Annual inspection reports (Articles 20 and 21 of the Convention). With reference to its previous direct request, the Committee notes that no annual inspection report has been received. It hopes that the Government will provide such reports within the time limits set by Article 20 containing all the information enumerated in Article 21.
2. Periodic reporting. The Committee recalls that detailed reports should be provided for Convention No. 81, which is regarded as a priority Convention. It requests the Government to supply in its next report information on the application of each of the Articles of the Convention, in conformity with the report form approved by the Governing Body.
Article 21 of the Convention. The Committee has noted the annual reports of the Labour Directorate for the years 1993-95. It hopes that the Government will continue to provide such reports within the time-limits set by Article 20 containing all the information enumerated in Article 21 of the Convention (including paragraphs (b) and (c) of this Article).
Articles 20 and 21 of the Convention. The Committee notes that no annual reports on the activities of the labour inspection services have been received. The Committee wishes to underline the importance it attaches to the publication and transmission to the Office of such reports within the time-limits set by Article 20 and containing all the information enumerated in Article 21 of the Convention.