As a managing director or other manager, you have a personal responsibility for a safe workplace. The law that governs this is the Working Environment Act (arbeidsmiljøloven, "aml"). It applies to almost everyone who has employees in Norway. Here is what the law expects of you.
What the law aims to achieve
The law is meant to secure a working environment that is fully satisfactory. This means the working environment must be safe and healthy for body and mind, based on an overall assessment of all conditions at the workplace (section 4-1). The law also gives employees the right to take part in decisions and secure terms of employment.
Who is the employer?
The employer is the business. In practice, it is the person who runs the business, often the managing director or the board. You can pass tasks on to other managers. But the overall responsibility stays with the employer. You can delegate tasks, not the responsibility.
The employer's duties
- Section 2-1 sets requirements for the employer, and section 2-2 covers responsibility for people other than your own employees, for example hired-in staff and contractors who work for you.
- Section 3-1 requires you to make sure that systematic health, environment and safety work (HMS work) is carried out at all levels of the business, in cooperation with the employees and their representatives.
- Section 3-5 requires that the employer personally completes training in health, environment and safety work. This course gives an introduction that can be part of that training.
What does section 3-5 actually say?
The provision is short: the employer must complete training in HMS work. The ministry may set further requirements in regulations, but for the employer's training there are no such requirements today. This means:
- The law does not say how many hours the training must be.
- The law does not say who must give the training or how.
- There is no public scheme that assesses courses for employers.
- The Labour Inspection Authority (Arbeidstilsynet) says that the duty is personal and cannot be delegated, and that you must be able to document in writing that the training has been completed.
You must make sure yourself that you have the knowledge you need to lead the HMS work in your business. A course certificate from us shows that you have completed the course and passed the test. It is not a qualification set or assessed by the authorities. The training should fit the risks in your business and industry. You decide for yourself whether this course covers your needs or whether you need more.
Managers at all levels
Managers who are not the employer also have a responsibility. Under section 2-3, third paragraph, an employee who leads or supervises others must make sure that safety and health are taken into account when planning and carrying out the work within their area of responsibility. This applies no matter how many people you lead.
The employer must make sure that those who lead or supervise others have the skills needed to do so safely (section 3-2). How much training is needed depends on the responsibility and the risk.
The employees' duties
Employees also have duties (section 2-3). Among other things, they must:
- use protective equipment and follow procedures,
- warn about dangers and report accidents,
- help to make the HMS work effective.
Employees also have the right to report wrongdoing in the business, and they must not be subjected to retaliation. You will learn more about this in lesson 6.
The Labour Inspection Authority
The Labour Inspection Authority (Arbeidstilsynet) is the authority that checks that the law is followed. It can carry out inspections, issue orders and, in serious cases, impose fines. You will learn more in lesson 10.
Remember
- You can delegate tasks, but not the overall responsibility.
- Section 3-5: the employer must personally complete training in HMS work.
- The law sets no requirement for number of hours, course provider or approval scheme for this training.
- Your managers have a responsibility of their own under section 2-3, and you must make sure they have the skills (section 3-2).