The safety representative (verneombud) is the employees' own link in work on the working environment. The rules are in chapter 6 of the Working Environment Act (arbeidsmiljøloven) and in chapter 3 of the Regulations on organisation, management and employee participation (forskrift om organisering, ledelse og medvirkning).
The duty to have a safety representative
Every business covered by the Working Environment Act must elect a safety representative (section 6-1).
There is one exception for the smallest businesses:
- If the business has fewer than five employees, the parties can agree in writing on another arrangement. That can also mean having no safety representative.
- The agreement lasts two years, unless something else is laid down.
- The Labour Inspection Authority (Arbeidstilsynet) can still require a safety representative after an assessment of the specific business.
The limit was ten employees up to and including 2023. Older sources may therefore give other figures. Always read the current text on lovdata.no.
How many safety representatives?
- If the business has more than ten employees, more than one safety representative can be elected.
- The number depends on the size of the business, how the work is organised and other circumstances. Where there are separate departments or shifts, as a main rule at least one safety representative is elected for each.
- Each safety area (verneområde) must be clearly defined and small enough for the safety representative to keep an overview.
- The working environment committee (arbeidsmiljøutvalget, AMU) divides the business into safety areas. If there is no committee, the local trade union does it after the employer has given its opinion.
Chief safety representative
If the business has more than one safety representative, there must be at least one chief safety representative (hovedverneombud).
- The chief safety representative is chosen from among the safety representatives or from other employees who hold or have held a position of trust.
- The chief safety representative coordinates the safety representatives' work and decides which safety representative a case belongs to.
- In other respects the chief safety representative has the same authority as a safety representative. They can also stop dangerous work, but cannot reverse a stoppage made by another safety representative.
- The chief safety representative is a voting member of the AMU. A deputy must also be elected.
How is the safety representative elected?
Sections 3-2 and 3-4 of the Regulations say, among other things:
- The safety representative is elected by and from among the employees in the safety area, and must have experience and insight into the working conditions.
- All employees have the right to vote, except the business's chief executive (øverste daglige leder).
- The election is a majority election run by an election board (valgstyre) of one to three people. All employees and local trade unions can propose candidates. If votes are tied, the result is decided by drawing lots.
- A local trade union that alone organises the majority in the safety area can appoint the safety representative instead.
- If the employees refuse to elect one, the employer appoints the safety representative, for two years at most at a time.
- The term of office is two years at a time.
- A deputy can be elected, but this is not required. If the safety representative leaves, the deputy takes over for the rest of the term (Regulations sections 3-3 and 3-4).
Who can be elected?
- Only employees can be elected. The employer, and anyone who runs the business in the employer's place, cannot be elected.
- Managers with personnel responsibility can be elected, but the Labour Inspection Authority advises against it. The roles of manager and safety representative can conflict.
- Employees have a duty to take part in the organised health and safety work (section 2-3). A safety representative is therefore not meant to step down in the middle of the term. The position ends if the safety representative leaves the business or moves to permanent work in another safety area (Regulations section 3-4).
Making the election known
- Management must receive written notice of who has been elected. Until the notice has been given, nobody can demand to be recognised as a safety representative.
- The names of the safety representatives must be announced by a notice at the workplace.
Remember
- Every business must have a safety representative. With fewer than five employees, something else can be agreed in writing.
- The term of office is two years.
- Everyone except the chief executive can vote.
- More than one safety representative means there must be a chief safety representative.