Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

1. The Committee notes the information contained in the Government’s report and the attached legislation.

2. Article 1, paragraph 1, of the Convention. The Committee notes with interest the amendment by Ordinance No. 415 of 20 March 2003 to Ordinance No. 443 of 30 April 2001 on protection against exposure to chemicals at work (Chemicals Ordinance) widening the rules on carcinogens to include mutagenic substances and the introduction of a limit value for wood dust from hardwoods. It understands that a further amendment was adopted on 25 January 2005 (No. 48) introducing a new Chapter VI A - issuing special rules for work carried out with cement containing chromium IV.

3. The Committee also notes with interest the adoption of Ordinance No. 1139 of 16 July 2002 on classification, labelling, etc. of dangerous chemicals (repealing Ordinance No. 996 of 21 August 1997), particularly Annex VI containing the substances list determining the carcinogenic substances and agents that are classified as carcinogenic and mutagenic in order to harmonize with European Union (EU) rules. It notes the Government’s statement that at the moment Norway is exempted from the EU rules with respect to 12 substances. It notes that the exemption of nine of these substances is due to the fact that the Norwegian classification of cancer-inducing characteristics is stricter. In addition, the EU in April 2004 adapted its rules as regards two of them. The Committee also notes that under section 7 of Ordinance No. 1139 of 2002, when information is obtained that a substance is carcinogenic, mutagenic or toxic to reproduction, this information must be communicated to the Norwegian Pollution Control Authority (Statens forurensningstilsyn).

4. The Committee notes the Government’s statement that the list mentioned above of limit values have the same legal significance as the Ordinance. It notes that the administrative limit values are used to assess the standard of the working environment at enterprises where the atmosphere is contaminated with chemical substances. It notes that these values are set with a basis in technical, financial and medical assessments and when a limit value is overstepped, the employer is required to investigate the cause immediately and to institute immediate preventive and protective measures to improve the situation (section 17 of the Chemicals Ordinance). The Committee notes that administrative limit values were adopted on 6 September 2001 for silicon carbide fibre and that Norway, in May  2004, recommended to the Commission that the EU prepare an occupational exposure limit for silicon carbide fibre. The Committee requests the Government to continue to provide information on measures taken or envisaged to add other substances and agents to this list.

5. Article 3. Measures taken to protect workers against the risks of exposure to carcinogenic substances or agents and record keeping. The Committee notes the Government’s statement with respect to the Prevention of Harmful Effects of Tobacco Act of 9 March 1973 that it is enforced through ordinary on-site inspections. It notes the Government’s statement that the Labour Inspection Authority finds that the smoking ban imposed by the Act is respected in most places of work, although major problems can be found in the food and drink serving industry. It further notes the Government’s information that the rules governing consent for building alterations of workplaces under section 19 of Act No. 4 of 1977 respecting workers’ protection and work environment will govern no smoking zones, and that as of 1 June 2004 smoking is no longer permitted indoors at establishments serving food and/or drink. The Committee requests the Government to continue to provide information on the implementation of the total ban of smoking in public places, particularly in establishments serving food and/or drink as well as in the nursing and care services sector.

6. The Committee notes that employers are obliged to keep records of employees (under section 28 of the Chemicals Ordinance) who, according to a risk assessment, are exposed to carcinogenic or mutagenic chemicals and employees whose work involves lead and lead compounds. It notes that the record must contain the employee’s name, personal identification number, position and place of work along with data on what chemical substances he/she is exposed to, how and in what concentration the exposure occurs, and the time and duration of exposure. The Committee notes that the information shall be retained for at least 60 years after the exposure ceased, that it may not be destroyed without the Labour Inspection Authority’s permission and if the enterprise closes down, the record shall be transferred to the Directorate of Labour Inspection. It further notes that the record shall be available to safety and health personnel, safety delegates, members of the working environment committee and other individuals specifically assigned to promote safety and health at the workplace and the Labour Inspection Authority.

7. Article 5. Medical examinations and biological or other tests. The Committee notes the Government’s statement that the primary aim of medical examination of employees prior to their employment is to assess an employee’s general state of health through the worker’s medical history and requisite tests in order to establish if there are any medical factors indicating that the employee should not be exposed to carcinogenic substances. It notes that this includes medical conditions such as impaired immune defence or earlier cancer disease liable to pose increased risk, or eczema on hands that is considered to expose the employee to increased risk when handling carcinogenic substances. Having previously noted that medical examinations thereafter shall be carried out at regular intervals, the Committee requests the Government to provide information with its next report on the regularity of these medical examinations.

8. Part IV of the report form. General appreciation of the practical application of the Convention. The Committee notes the Government’s statement that the Labour Inspection Authority has taken steps to increase the scope and quality of its oversight of chemical health hazards, including carcinogenic substances and agents. It notes in particular that this is to be carried out through training of inspection personnel and that a major campaign is currently being undertaken in four different industries aiming to raise levels of competence and to reduce the likelihood of employees developing solvent-related disorders and skin and respiratory ailments. The Committee requests the Government to provide detailed information with its next report on the results obtained from these measures.

9. The Committee notes that during the period from 31 May 2001 to 31 May 2004, sanctions were applied 18 times for violation of sections 23-28 of the Chemicals Ordinance concerning carcinogenic or mutagenic chemicals and agents. It notes that during the reporting period the local Labour Inspectorate reported one case to the police concerning one enterprise for violating the Working Environment Act (sections 8(1)(e), 11(1) and (2), 12(4)(b) and 142(b)) in respect of carcinogenic chemicals and that the case currently is under investigation. The Committee asks the Government to provide information with its next report on the outcome of this case and to continue to provide information, disaggregated by sex, if possible, on the practical application of the Convention, particularly through labour inspection.