HSE course for safety representatives

According to the Working Environment Act §6-5 employers are obliged to ensure that safety representatives and members of the working environment committee receive the training necessary to perform their duties in a proper manner.

This course has the purpose to provide such training. In this course you will be introduced to the Working Environment Act (AML) with emphasis on Health, Safety and Environment. We also undergo internal control regulations, and provides a thorough review of what safety delegate tasks entail.

Good luck!

The Working Environment Act Chapter 1

§ 1-2 The Act shall apply to undertakings that engage employees. The exception is shipping, hunting and fishing.
§ 1-8 The employee is anyone who performs work in the service of another.
§ 1-8 The employer is defined anyone who has engaged an employee to perform work in his favor. The provisions on employer also applies in the employer managing the company.

Employers must work targeted that accidents and injuries are avoided, and implement measures necessary to prevent situations that could affect the health, safety and environment. Employers must actively use the Working Environment Act and its regulations to promote continuous improvement in health, safety and environment in business.

The Working Environment Act Chapter 1

      § 1-1 The Purpose of the Act is

• To secure a working environment that provides a basis for a healthy and meaningful working situation, that affords full safety from harmful physical and mental influences.
• To have a standard of welfare at all times consistent with the level of technological and social development of society.
• To ensure sound conditions of employment and equality of treatment at work
• To facilitate adaptations of the individual employee’s working situation in relation to his or her capabilities and circumstances of life.
• To provide a basis whereby the employer and the employees of undertakings may themselves safeguard and develop their working environment
• To foster inclusive working conditions.
• Pursuant registry contains key regulations within the Working Environment Act. You can find an overview of the regulations associated with different companies here. We recommend finding those who are relevant for you.

Duties of the employer

§ 2-1 Employer has some duties listed in the Working Environment Act. This means that the employer shall:

• § 2-1 Ensure that the provisions laid down in and pursuant to this Act are complied with.
• § 2-2 Ensure a safe work environment for persons other than the employer’s own employees, including workers hired from temporary-work agencies or other companies and one-man enterprises. You can read more abot this here.
• § 3-1 In order to safeguard the employees’ health, environment and safety, the employer shall ensure that systematic health, environment and safety work is performed at all levels of the undertaking. This shall be carried out in cooperation with the employees and their elected representatives.

Duties of the employer

• § 3-2 Employer must familiarize themselves with and develop procedures and instructions to ensure safety and reduce workplace risks. this includes that employees are informed of accident risks and health hazards that may be connected with the work, and that they receive the necessary training, practice and instruction.
• § 3-4 In connection with the systematic health, environment and safety work, the employer shall, assess measures to promote physical activity among the employees.

Duties of the employer

• § 3-5 The employer shall undergo training in health, environment and safety work.
• § 4-3 The work shall be arranged so as to preserve the employees’ integrity and dignity.
• § 4-6 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.

Employees’ duty to cooperate

§ 2-3 You as an employer depends on your employees contribute to HSE work. Employer's obligation is mandatory, and means that the employee must:

• Employees shall cooperate on the design, implementation and followup of the undertaking’s systematic work on health, environment and safety.
• Take part in the organised safety and environmental work of the undertaking and shall actively cooperate on implementation of measures to create a satisfactory and safe working environment.
• Use the prescribed protective equipment, exercise caution and otherwise contribute to prevention of accidents and injury to health.

Employees’ duty to cooperate

• Immediately notify the employer and the safety representative and to the extent necessary other employees when employees become aware of faults or defects that may involve danger to life or health and they themselves are unable to remedy the fault or defect.
• Ensure that the employer or the safety representative is notified as soon as employees become aware of harassment or discrimination at the workplace.
• Cooperate on preparation and implementation of follow-up plans in connection with total or partial absence from work owing to accidents, sickness, fatigue or the like.
• Employees charged with directing or supervising other employees shall ensure that safety and health are taken into consideration when work that comes under their areas of responsibility is being planned and carried out.

Requirements regarding the working environment

" § 4-1 General requirements regarding the working environment:

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 judged separately and collectively. The standard of safety, health and working environment shall be continuously developed and improved in accordance with developments in society."

• The undertaking shall be arranged for employees of both sexes.
• 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.

Requirements regarding the working environment

• It should be emphasized to prevent injuries and diseases when planning and arranging the work. 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.

Requirements regarding the working environment

§ 4-2 Requirements regarding arrangement, participation and development

• The employees and their elected representatives shall be kept continuously informed of systems used in planning and performing the work.

§ 4-3 Requirements regarding the psychosocial working environment

• The work shall be arranged so as to preserve the employees’ integrity and dignity. Efforts shall be made to arrange the work so as to enable contact and communication with other employees of the undertaking.
• Employees shall, as far as possible, be protected against violence, threats and undesirable strain as a result of contact with other persons.

Requirements regarding the working environment

§ 4-4 Requirements regarding the physical working environment

• Physical working environment shall be fully satisfactory.
• The workplace shall be equipped and arranged in such a way as to avoid adverse physical strain on the employees.

§ 4-5 Particularly concerning chemical and biological health hazards

• Chemicals and biological substances shall be manufactured, packed, used and stored in such a way that employees are not subjected to health hazards.

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

• 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.

Requirements regarding the working environment

§ 5-1 Recording of injuries and diseases

• The employer shall ensure that all personal injuries occurring during the performance of work are recorded. The same shall apply to diseases assumed to have been caused by the work or by conditions at the workplace.

§ 5-2 The employer’s notification obligation

• If an employee dies or is seriously injured as the result of an occupational accident, the employer shall immediately and by the quickest possible means notify the Labour Inspection Authority and the nearest police authority.

Working conditions, labor relations and inclusive workplace

Work environment

We have now gone through the legal requirements for working conditions. It is also important to be aware of the positive and negative health consequences work environment may result.

• Employers and employees should make sure to identify the physical and psychosocial work environment on a regular basis as part of internal control procedures. A good working environment will provide a basis for a meaningful and healthy employment situation. Where the working environment is really good, the employees also takes the responsibility of, and contribute positively to a good work environment for everyone.

Working conditions, labor relations and inclusive workplace

• Harassment, conflicts, violence and threats can provide mental and physical health problems, which can lead to illness, and in severe cases to disability retirement. Overall poor psychosocial working can lead to huge costs for society and the employer, but primarily it affects the individual worker, who gets their quality of life ruined.

Working conditions, labor relations and inclusive workplace

Working environment and work relations

Key points to achieve a good working environment and good working relationships are:

• Good communication and good cooperation.
• Professional and personal development.
• Collaboration and participation of the employees.
• Predictability and transparency with regard to the division of responsibilities in the business.

Working conditions, labor relations and inclusive workplace

Inclusive workplace

Inclusive workplace (IA in norwegian) aims to provide room for all those who can and want to work. To work for an inclusive workplace entails

• To arrange for workers so that they maintain their health and work.
• To arrange for employee who suffers reduced capacity for work and employees with disabilities.
• To ensure systematic prevention and monitoring of sick leave.
• To implement measures to prevent the exclusion of workers.
• You can read more about IA her og her.

Safety representative

Duties and functions of safety representatives

The safety representative must ensure that the legal requirements for the work environment are being met and notify if they become aware of circumstances that could result in accidents and damage to health. Although safety representative has supervisory and control functions, it does not mean that the employer's responsibility for safety and the working curtailed.

§ 6-1 Obligation to elect safety representatives

• Safety representatives shall be elected at all undertakings subject to this Act.
• At undertakings with less than five employees, the parties may agree in writing upon a different arrangement or agree that the undertaking shall not have a safety representative.
• 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.
• Undertakings with more than one safety representative shall have at least one senior safety representative.

Safety representative

§ 6-2 Duties of safety representatives

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 safety representative shall particularly ensure:

• that employees are not exposed to hazards from machines, technical installations, chemical substances and work processes
• that safety devices and personal protective equipment are provided in adequate numbers, that they are readily accessible and in proper condition
• that the employees receive the necessary instruction, practice and training
• that work is otherwise arranged in such a way that the employees can perform the work in a proper manner with regard to health and safety
• that notifications concerning occupational accidents, etc. are made, pursuant to section 5-2.

Safety representative

If a safety representative learns of circumstances that could result in accidents and damage to health, the safety representative shall immediately notify the workers, and the employer or his representative shall be informed of the circumstances if the safety representative can not avert the danger.

Safety representative shall be consulted during the planning and implementation of measures that are significant for work environment within the safety area, including the establishment, implementation and maintenance of the systematic health, safety and environmental standards, cf. § 3-1.

The safety representative shall be informed of all occupational diseases, work accidents and near accidents in his area, relating to occupational health reports and measurements, and whether any errors and defects detected.

The safety representative shall familiarize themselves with the current safety rules, instructions, regulations and recommendations issued by the Labour Inspectorate or the employer.

The safety representative shall participate in the Labour Inspection Authority's inspections.

Safety representative

It is important to prepare clear procedures and descriptions of the safety representatives tasks and obligations. The safety representative shall serve as a liaison between management and other employees.

One of the tasks of the safety representative is to conduct safety inspections, where they control that the conditions at the workplace is in compliance with HSE regulations and company policies.

The safety representative shall carry

• Safety Survey Schedule
• Safety Survey Protocol

As a method during safety inspections.

Read more about the duties of safety representatives here.

Safety representative

Confidentiality

The safety representative is obliged to prevent others from gaining access to or knowledge of what they in connection with the performance of their duties as regards personal matters or technical devices, production methods, business analyzes and calculations and business secrets or, when this information is of such a nature that others may utilize them in their own business activities.

The duty of confidentiality means that safety representatives may not discuss or disclose matters that are under this obligation unless the person concerned consents.

Safety representative

Training

It is the employer's duty to ensure that the safety representative receive the training necessary to enable it to exercise its duties in a responsible manner. The training shall be adapted to individual business needs and challenges. Employers and employees in individual agencies can arrange for a shorter training time than 40 hours.

If the agency is bound by a collective agreement, the parties must in business comply what the employers and workers organizations have agreed on when they apply number of hours or specific procedures for determining the course duration. The training should preferably take place during working hours, and all expenses are paid by the employer. When training to spare, you get wages for normal working hours, but not overtime pay.

Safety representative

Time to work

The safety representative shall have the time necessary to perform the tasks in a proper manner, and basically it's the safety representative himself that determines how much time is required. It can be distinguished from more routine tasks and instances in which the safety representative must intervene in dangerous situations in the work.

The routine aspects of the safety delegate work should be discussed in cooperation with the employer, so that this can be adapted safety delegate other work. If unforseen situations arise that requires that the safety representative intervenes, the safety representative shall always be able to leave their work.

Safety representative

We recommend having these documents / pages available (in addition to the Working Environment Act and its associated regulations) in the work:

- Roles in the HSE work

- The safety representative's tasks and role

Remember that theese documents / pages is in norwegian.

Working environment committees

§ 7-1 Obligation to establish working environment committees

• Undertakings which regularly employ at least 30 employees shall have a working environment committee on which the employer, the employees and the occupational health service are represented.
• Working environment committees shall also be formed in undertakings with between 10 and 30 employees when so required by any of the parties at the undertaking.

Working environment committees

§ 7-2 The duties of the working environment committee

The working environment committee shall consider:

• Questions relating to the occupational health service and the internal safety service.
• Questions relating to training, instruction and information activities in the undertaking that are of significance for the working environment.
• Plans that require the consent of the Labour Inspection Authority pursuant to § 18-9.
• Other plans that may be of material significance for the working environment, such as plans for construction work, purchase of machines, rationalisation, work processes, and preventive safety measures.
• Establishment and maintenance of the undertaking’s systematic health, environment and safety work, cf. § 3-1.

Full overview of the duties of the working environment committee can be found here.

§ 7-4 Costs, training, etc.

• The employer is responsible for the costs of training.

Information and consultation

§ 8-1 Obligation regarding information and consultation

• In undertakings that regularly employ at least 50 employees, the employer shall provide information concerning issues of importance for the employees’ working conditions and discuss such issues with the employees’ elected representatives.

§ 8-2 Implementation of the obligation regarding information and consultation

Information and consultation must involve:

• The undertaking’s activities and economic situation.
• Expected workforce situation in the undertaking.
• Decisions that may result in considerable changes in the organisation of work or conditions of employment.

Chapter 9 Control measures in the undertaking

§ 9-1 Conditions for control measures in the undertaking

• The employer may only implement control measures in relation to employees when such measures are objectively justified by circumstances relating to the undertaking and it does not involve undue strain on the employees.
• Learn more about how and when it should be performed control measures in the business in §9-2.
• The law about obtaining health information on appointment of employees is regulated in the Working Environment Act § 9-3.

§ 9-5 Access to employees’ e-mail, etc.

Here you can read about employers’ right of access to employees’ e-mail, etc. It is regulated by regulations in the Personal Data Act.

Working hours

§ 10-1 Definitions

• For the purposes of this Act, working hours means time when the employee is at the disposal of the employer.
• For the purposes of this Act, off-duty time means time when the employee is not at the disposal of the employer.

Working hours

§ 10-2 Working hour arrangements

• Working hours shall be arranged in such a way that employees are not exposed to adverse physical or mental strain.
• An employee who regularly works at night shall be entitled to exemption from the working-hour arrangement that applies to the employee group if such exemption is needed by the employee concerned for health, social or other weighty welfare reasons and can be arranged without major inconvenience to the undertaking.

§ 10-4 Normal working hours

• Normal working hours must not exceed nine hours per 24 hours and 40 hours per seven days. You can find the exceptions here.

Working hours

§ 10-6 Overtime

• Work in excess of agreed working hours must not take place except in cases when there is an exceptional and time-limited need for it.
• If in the case of some employees the work exceeds the limit prescribed by the Act for normal working hours, the time in excess is regarded as overtime.
• Overtime work must not exceed ten hours per seven days, 25 hours per four consecutive weeks or 200 hours during a period of 52 weeks.

Working hours

• An employee shall be entitled to exemption from performing work in excess of agreed working hours when he or she so requests for health reasons or for weighty social reasons. The employer is otherwise obliged to exempt an employee who so requests when the work can be postponed or performed by others without harm.
• The overtime supplement shall be at least 40 percent.
• Learn more about the regulations on overtime here.

§ 10-7 Account of working hours

• An account shall be kept of the hours worked by each employee. This account shall be accessible to the Labour Inspection Authority and the employees’ elected representatives.

Daily and weekly off-duty time and breaks

§ 10-8 Daily and weekly off-duty time

• An employee shall have at least 11 hours continuous off-duty time per 24 hours.
• An employee shall have a continuous off-duty period of 35 hours per seven days.
• There are exceptions.

§ 10-9 Breaks

• An employee shall have at least one break if the daily working hours exceed five hours and 30 minutes. The breaks shall collectively amount to at least 30 minutes if the daily working hours total at least eight hours.
• When the employee is not free to leave the workplace during the break, the break shall be regarded as part of the working hours.
• Learn more about breaks here.

Daily and weekly off-duty time and breaks

§ 10-10 Work on Sundays

• No work shall be performed from 6.00 p.m. on the day preceding a Sunday or public holiday until 10.00 p.m. on the day preceding the next working day. Learn more about work on sundays here.

§ 10-11 Night work

• Work between the hours of 9.00 p.m. and 6.00 a.m. is night work. Learn more about night work here.

Chapter 11 Employment of children and young persons

§ 11-1 Prohibition against child labour

• Children under 15 years of age or attending compulsory education shall not perform work subject to this Act. The exception is cultural work or the like, light work provided the child is 13 years of age or more, work that forms part of their schooling or practical vocational guidance approved by the school authorities provided the child is 14 years of age or more. Persons under 18 years of age must not perform work that may be detrimental to their safety, health, development or schooling.
• Learn more about employment of children and young persons here.

Entitlement to leave of absence

§ 12-1 Prenatal examinations

• A pregnant employee is entitled to leave of absence with pay in connection with prenatal examinations if such examinations cannot reasonably take place outside working hours.

§ 12-2 Pregnancy leave

• A pregnant employee is entitled to leave of absence for up to twelve weeks during pregnancy.

§ 12-3 Leave of absence to care for a child

• In connection with childbirth, the father is entitled to two weeks’ leave of absence.

§ 12-4 Maternity leave

• After giving birth, the mother shall have leave of absence for the first six weeks.

Entitlement to leave of absence

§ 12-5 Parental leave

• Parents shall be entitled to leave of absence for a total of 12 months.
• An employee who has sole responsibility for the care of a child shall be entitled to leave of absence for a period of up to two years.

§ 12-9 Child’s or childminder’s sickness

• Employees who have children in their care are entitled to leave of absence when necessary to attend a sick child. The right to leave of absence applies up to and including the calendar year of the child’s twelfth birthday. An employee shall be entitled to a maximum of 10 days’ leave of absence per calendar year or a maximum of 15 days if the employee has two or more children in his or her care. An employee who has sole responsibility for the care of a child shall be entitled to twice the number of days of leave.

Entitlement to leave of absence

§ 12-11 Educational leave

• An employee who has worked for at least three years and who has worked for the same employer for the last two years shall be entitled to full or partial leave for up to three years in order to attend organised courses of education. Leave will only be granted for vocational studies.

§ 12-12 Military service, etc

• An employee shall be entitled to leave of absence in connection with compulsory or voluntary military service or similar national service.  An employee who wishes to continue his or her employment after completion of such service shall notify the employer before commencing the service.
• Learn more about entitlement to leave of absence here.

Protection against discrimination

§ 13-1 Prohibition against discrimination

• Discrimination on the basis of political views, membership of a trade union, sexual orientation, disability or age is prohibited.

You can learn more about this in

-The Gender Equality and Anti-discrimination Act here

-The Sexual Orientation Anti-Discrimination Act (english here, norwegian here)

Appointment

Chapter 14 about employment

• The employer shall inform the employees concerning vacant posts in the undertaking. Workers hired from temporary-work agencies shall be similarly informed.
• An employee who has been dismissed owing to circumstances relating to the undertaking shall have a preferential right to a new appointment at the same undertaking unless the vacant post is one for which the employee is not qualified.
• The preferential right shall also apply to an employee who is temporarily engaged, not substitutes, and who, owing to circumstances relating to the undertaking, is not offered continued employment.
• Part-time employees have a preferential right to an extended post rather than that the employer shall create a new appointment in the undertaking.

Appointment

• In the event of a breach of the provisions concerning preferential rights, an employee may claim compensation.
• All employment relationships shall be subject to a written contract of employment.
• In employment relationships of a shorter duration than one month or in connection with hiring out of labour, a written contract of employment shall be entered into immediately.
• You can find a list of minimum requirements regarding the content of the written contract here.
• An employee shall be appointed permanently. Temporary employment may nevertheless be agreed upon.
• The same rules apply for temporary-work agencies.

Termination of employment relationships

Chapter 15 - Termination of employment relationships.

• Before making a decision regarding dismissal with notice, the employer shall, to the extent that it is practically possible, discuss the matter with the employee and the employee’s elected representatives unless the employee himself does not desire this. Such discussions shall concern both the grounds for dismissal and any selection between two or more employees regarding who is to be dismissed.
• For the purposes of this Act, “collective redundancies” shall mean notice of dismissal given to at least 10 employees within a period of 30 days without being warranted by reasons related to the individual employees. You can find more information about requirements and employers' obligations around collective redundancies here.
• Periods of notice: Unless otherwise agreed in writing or laid down in a collective pay agreement, a period of one month’s notice shall be applicable to either party. In the case of employees who, when notice is given, have been in the employ of the same undertaking for at least five consecutive years, 55 at least two months’ notice shall be given by either party. If the employee has been in the employ of the same undertaking for at least ten consecutive years, at least three months’ notice shall be given by either party.

Termination of employment relationships

• Periods of notice run from and including the first day of the month following that in which notice is given.
• Notice shall be given in writing. The notice given by an employer shall be delivered to the employee in person or be forwarded by registered mail to the address given by the employee. The notice shall be deemed to have been given when it is received by the employee.
• The notice shall include informing of the employee’s right to demand negotiations and to institute legal proceedings.
• An employee who leaves after lawful dismissal is entitled to a written reference from the employer. The reference shall state the employee’s name, date of birth, the nature of the work and the duration of employment.

Chapter 17-19 Disputes, Regulatory supervision of the Act and Penal provisions

So far we have been through the most important chapters, paragraphs and regulations of the Working Environment Act in accordance with the Health, safety and environment work. We have provided a description of how to conduct systematic health, safety and environmental standards with regard to the law and internal regulations.

• When it comes to issues of disputes, regulatory bodies and punishment, we recommend reading the Working Environment Act § 17, § 18 and § 19, which is the last chapters of the Working Environment Act. Here you will find, among other information on disputes over working conditions, what regulatory supervision you have to deal with, and review of penalty and offenses.

Regulations on Internal Control

Systematic health, environmental and safety activities in enterprises (Internal Control) (english here, norwegian here) shall promote efforts to improve conditions in enterprises in regard to the working environment and safety. Regulations require the person resposible for the enterprise to introduce and exercise internal control. Which means systematic measures designed to ensure that the activities of the enterprise are planned, organised, performed and maintained in conformity with requirements laid down in or pursuant to the health, environmental and safety legislation.

• As resposible for the enterprise you shall promote efforts to improve conditionsthe regulations stipulate a number of requirements for monitoring systematic health, environment and safety work. As responsible for the enterprise, it is your responsibility to follow up on this.
• If your business is covered by internal control regulations, you should have a system to promote improvement in such areas as working environment and safety, prevention of human health or environmental disturbances from products or consumer services, etc. The aim is therefore to ensure that problems are detected and taken care of in time. Internal control is quality assurance.
• All businesses have an internal system to ensure that they comply with HSE legislation. The employees shall participate in the introduction and performance of internal control.

Regulations on Internal Control

• Find the requirements which apply to your industry, and familiarize yourself with these through the different links here.
• Find the guidance to internal regulations on Labour Inspection Authoritys sides here.

You have to:

• Know the regulatory requirements applicable to business.
• Have goals for HSE work in the business.
• Identify dangers and problems.
• Creating a plan with measures to reduce risk.
• Have procedures to identify, correct and prevent breaches of requirements in the HSE legislation.
• Ensure that all employees have knowledge and skills that enable them to perform their work, so that all relevant environmental, health and safety requirements are met.
• Work systematically to ensure that the procedures are working and are followed up.

Regulations on Internal Control

The most important part of the health, safety and environmental standards are of course the implementation of the measures, but parts of the work should nevertheless be documented in writing. Here it should be made clear until when and how various factors are assessed and controlled, and how to prevent, detect and correct errors.

The internal control system shall include written documentation of:

• Established health, environmental and safety objectives.
• Organisational responsibilities.
• identifying risk factors.
• HSE action plan.
• Procedures for handling the faults or defects
• Quality assurance of HSE routines.

By taking our HSE course you can get access to a complete internal control system. Here you will have access to all documentation you need to meet the requirements of (HSE Act) systematic health, safety and environmental standards.

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Completion of the course

HSE course for safety representatives is now complete!

The next step is to take HSE test.

You take the test by clicking the "next button" (right arrow).

The course and test is facilitated using the following sources

• Work Act and its regulations
• Briefing on participation and safety representative service (Arbeidstilsynet Bestillingsnr. 383)
• internal Control Regulations
• Employer's obligation to go through training in HSE work (Labour Inspection Order no. 588)
• Regulations on systematic HSE work (Labour Inspection Order no. 544)

Good luck with the HSE work!