Even with good HMS work, accidents and illness can happen. Then you have duties both to the employee and to the authorities.
When something happens
- Help the injured person. Call 113 in case of serious injury.
- Secure the place, so nobody else is hurt.
- Notify those who must be notified (see below).
- Record the incident as a non-conformity (avvik) and investigate the cause.
- Correct the situation and update the risk assessment.
Reporting serious accidents (section 5-2)
If an employee dies, or is seriously injured, in a work accident, the employer must immediately notify:
- the Labour Inspection Authority (Arbeidstilsynet) and
- the nearest police authority
in the fastest way. You must also confirm the notification in writing and send a copy to the safety representative (verneombud). The regulations have more reporting requirements, for example for acute poisoning and work-related illness. See the Labour Inspection Authority's guidance on what must be reported.
Reporting to NAV and insurance
In case of occupational injury, a report must be sent to NAV (the Norwegian Labour and Welfare Administration). The employer also has a duty to have occupational injury insurance for the employees. Tell the injured person what rights they have, and help with the report. Remember that a work accident can give a right to compensation and other benefits.
Sickness absence: prevent and follow up
Following up sickness absence is closely linked to the HMS work. It is cheaper and better to prevent than to repair. Look at workload, working environment, conflicts and physical strain.
The employer period
In case of illness, the employer pays sick pay during the employer period of 16 calendar days (National Insurance Act, folketrygdloven, section 8-19). After that, NAV pays.
Adaptation and follow-up (section 4-6)
After an accident, illness or wear, you must, as far as possible, make sure that the employee keeps or gets suitable work, preferably normal work with adaptations. If it is relevant to move the person to other work, the employee and the employee representatives must be consulted before the matter is decided. You must also:
- make a follow-up plan together with the employee at the latest when the absence, whole or partial, has lasted 4 weeks, unless it is obviously unnecessary, and send it to the person who certified the sick leave,
- call a dialogue meeting about the plan at the latest within 7 weeks in case of full sick leave, unless it is obviously unnecessary,
- document the follow-up and the meeting.
NAV must hold a new dialogue meeting at the latest when the sick leave has lasted 26 weeks, unless it is obviously unnecessary (National Insurance Act section 8-7 a). The employer must take part.
Protection against dismissal during illness (section 15-8)
You cannot dismiss an employee because of illness or accident during the first 12 months after the incapacity for work began. A dismissal in this period is regarded as based on the absence, unless something else is overwhelmingly probable.
Privacy
You can ask what the employee is able to do and what needs to be adapted. You have no right to demand a diagnosis. Health information is sensitive personal data and must be treated confidentially.
Use what you learn
Go through accidents and near misses with the safety representative and the working environment committee (AMU). What happened? Why? What must change? This turns incidents into improvement, and the other employees see that reports are taken seriously.
Remember
- Serious accident: report immediately to the Labour Inspection Authority and the police.
- Occupational injury: report to NAV, and remember occupational injury insurance.
- Follow-up plan within 4 weeks, dialogue meeting within 7 weeks.
- Do not demand a diagnosis. Protect the information.