The safety representative (verneombud) has a rare and strong right: to stop work that is life-threatening. The right is in section 6-3 of the Working Environment Act (arbeidsmiljøloven).
When can the safety representative stop work?
The safety representative can stop the work if the safety representative believes that there is immediate danger to the employees' life or health, and the danger cannot be averted straight away in another way.
Both conditions must be met:
- The danger is immediate. It is not enough that an arrangement is unfortunate or that you disagree with the employer.
- There is no simpler way to remove the danger at once, for example by someone securing the place.
Examples could be an unsecured pit that people walk right beside, or an unguarded machine where a hand could be drawn into a moving part.
How far can the stoppage go?
- The stoppage can apply only to what the safety representative considers necessary to avert the danger.
- The stoppage lasts until the Labour Inspection Authority (Arbeidstilsynet) has taken a position on whether the work can continue.
- The safety representative must report immediately to the employer or a representative that the work has been stopped, and why.
- The safety representative is not liable for damages for loss that the stoppage causes the business.
The chief safety representative (hovedverneombud) can also stop work, regardless of what the individual safety representative thinks. But the chief safety representative cannot reverse a stoppage that a safety representative has started.
What if there is no immediate danger?
Then the route is different. The safety representative warns the employees and the employer, follows up the matter, and reports to the Labour Inspection Authority or the working environment committee (arbeidsmiljøutvalget, AMU) if nothing happens (section 6-2). The right to stop work is for acute dangers.
The employee's own duty
All employees have duties under section 2-3. Among other things they must:
- use required protective equipment and act with care,
- warn the employer and the safety representative straight away of faults and defects that may threaten life or health and that they cannot put right themselves,
- stop the work if it cannot continue without danger to life or health,
- tell the employer about injury or illness they believe is caused by the work.
Stopping your own work is therefore a duty for every individual. The safety representative's right to stop work is an extra right that applies to other people's work.
Reporting accidents
Under section 5-2, if an employee dies or is seriously injured in an accident at work, the employer must:
- notify the Labour Inspection Authority and the nearest police authority straight away and by the quickest means,
- confirm the notification in writing. The safety representative must receive a copy of the confirmation.
The safety representative must also be notified of all accidents at work, near misses and occupational diseases in the area. This is part of the tasks in section 6-2. Reports of less serious accidents and illness follow from separate regulations.
After a stoppage or an accident
- Make sure the place is secured and nobody comes to harm.
- Write down what happened, when, and who was present.
- Ask for the matter to be taken up in the working environment committee or in the risk assessment, so that it does not happen again.
Remember
- A stoppage requires immediate danger to life or health that cannot be averted straight away.
- The stoppage lasts until the Labour Inspection Authority has taken a position.
- Report to the employer immediately.
- The safety representative has no liability for damages.
- Deaths and serious injuries are reported at once to the Labour Inspection Authority and the police.