Observation (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

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.