The working environment is not only about falls and machines. How the work is organised, how people speak to each other and how much they are expected to get done also affect health. The law calls this the psychosocial working environment and the organisational working environment.
Organisation of the work (section 4-2)
Under section 4-2 of the Working Environment Act (arbeidsmiljøloven), the work must be arranged so that the employees:
- know the systems used in planning and carrying out the work, and receive training in them,
- have the chance for professional and personal development,
- have self-determination and influence over the work, and variety in it,
- receive good information and training when the work changes.
In a reorganisation, the employer must ensure information, participation and skills development.
The psychosocial working environment (section 4-3)
Section 4-3 requires that the work is organised, planned and carried out so that the psychosocial conditions are fully satisfactory for the health, safety and welfare of employees. The law mentions, among other things:
- unclear or conflicting demands,
- workload and time pressure,
- emotional demands and strains in work with people,
- support in the work from managers and colleagues.
The law also requires that the work is arranged so that employees' integrity and dignity are protected, and that they can have contact and communication with others at the workplace.
Harassment and improper conduct
Employees must not be subjected to harassment, sexual harassment or other improper conduct. Harassment means acts, omissions or remarks that have the effect or purpose of being offensive, frightening, hostile, degrading or humiliating. Bullying and exclusion can also be harassment or other improper conduct.
Employees must also, as far as possible, be protected against violence, threats and undue strain in contact with others, for example customers, patients and pupils.
What must you do as a manager?
- Prevent. Include psychosocial conditions in the risk assessment. Look at workload, roles, leadership, cooperation and conflicts.
- Set standards. Say clearly that harassment and bullying are not acceptable. Lead by example.
- Have routines. Everyone must know who they can talk to and what happens when someone reports a problem.
- Take every case seriously. Do not wait for a formal complaint. If you know of a possible case, you have a duty to look into it.
- Investigate thoroughly and fairly. Hear both parties, write down what is said and protect the person who reports.
- Follow up. Put measures in place and check later that the problem is solved.
Conflicts
Not all conflicts are harassment. Differences of opinion and disagreement are normal. But unresolved conflicts can develop into bullying and sickness absence. Step in early, talk to those involved and, if needed, use a mediator, the occupational health service (bedriftshelsetjeneste) or HR support.
Whistleblowing
Employees have the right to report wrongdoing in the business (aml chapter 2 A). Retaliation against a person who reports in a proper way is prohibited. Businesses that regularly have at least five employees must have written whistleblowing routines (section 2 A-6). Smaller businesses must also have such routines when conditions in the business call for it. The routines must be made together with the employees and be easy for everyone to find.
Remember
- The psychosocial working environment is part of the HMS work and must be included in the risk assessment.
- Harassment and improper conduct are prohibited (section 4-3).
- You must step in when you learn of possible cases.
- Retaliation against whistleblowers is prohibited.