Some businesses have no safety representative (verneombud). In exposed industries there is therefore a separate arrangement with regional safety representatives. The safety representative is also in close contact with the Labour Inspection Authority (Arbeidstilsynet).
What is a regional safety representative?
A regional safety representative (regionalt verneombud) is a safety representative who does not belong to one single business. The arrangement has its basis in section 6-4 of the Working Environment Act (arbeidsmiljøloven) and is set out in the Regulations on organisation, management and employee participation (forskrift om organisering, ledelse og medvirkning).
There are two arrangements:
- Building and construction (Regulations chapter 5). Applies to building and construction work with temporary or mobile workplaces. The regional safety representatives for building are appointed by Fellesforbundet (the United Federation of Trade Unions), and for civil engineering by Norsk Arbeidsmandsforbund (the Norwegian Union of General Workers).
- Accommodation, catering and cleaning (Regulations chapter 6). Applies, among others, to businesses that must have a serving licence or an alcohol licence, cleaning businesses covered by the Labour Inspection Authority's cleaning scheme, and businesses that offer accommodation. The regional safety representatives in this arrangement are employed and appointed by the Labour Inspection Authority.
Both arrangements also apply to businesses without employees. In the hotel, restaurant and cleaning industries, regional safety representatives are appointed for four years at a time. The employers in the industries pay for the arrangement through a fee.
What do they do?
A regional safety representative works at workplaces that have not elected a safety representative or set up a working environment committee as the law requires. They can:
- make the employer and employees aware of the duty to elect a safety representative (section 6-1),
- report to the Labour Inspection Authority if a safety representative is still not elected,
- have the same authority as a safety representative under section 6-2, first to sixth paragraphs, and section 6-3 until a safety representative is elected. This means, among other things, that they can stop dangerous work,
- take part in the Labour Inspection Authority's inspections,
- make employers aware of the duty to agree in writing who coordinates the health and safety work when several businesses work at the same place (section 2-2),
- point out the duty to set up an AMU where it applies.
They have the right to information from the businesses, as an elected safety representative does, and they have a duty of confidentiality in the same way as other safety representatives.
The qualifications are strict. In the hotel, restaurant and cleaning industries, at least three years of experience from the industry and at least two years of experience as a safety representative are required. The requirements can be waived in special cases (Regulations section 6-2).
A regional safety representative does not replace an ordinary one
The arrangement is a supplement. The regional safety representative works where no safety representative has been elected. If the business has its own safety representative, that person looks after the safety work. The employer therefore cannot use the arrangement as a reason for not having a safety representative.
The safety representative and the Labour Inspection Authority
The Labour Inspection Authority is the state supervisory authority for the working environment. The safety representative's relationship with the authority:
- The safety representative must take part when the Labour Inspection Authority carries out an inspection of the business (section 6-2, seventh paragraph).
- The safety representative must report to the Labour Inspection Authority if the employer does not put dangerous conditions right within a reasonable time.
- After a stoppage, the Labour Inspection Authority decides whether the work can continue.
- The Labour Inspection Authority can require the business to have a safety representative, even if the parties have agreed otherwise in a business with fewer than five employees.
- The Labour Inspection Authority can also order the employer to provide more extensive training for safety representatives and AMU members (Regulations section 3-21).
Anyone can contact the Labour Inspection Authority with questions, and employees have the right to blow the whistle on matters of concern.
Remember
- Regional safety representatives exist in building and construction, and in accommodation, catering and cleaning.
- They work where no safety representative has been elected, and then have the same authority, including to stop dangerous work.
- After a stoppage, the Labour Inspection Authority decides.
- The safety representative takes part in the Labour Inspection Authority's inspections.