The Labor Minister is open to changes in the law after Aftenposten revelations
The Norwegian Occupational Safety and Health Administration let Hyttegiant slip fines of NOK 800,000 after life-threatening conditions in the workplace. The Minister of Labor is now opening the door for legislative changes.
Aftenposten revealed before the summer how one of Norway’s largest cabin builders received a record-breaking fine of millions of kroner from the Norwegian Labor Inspectorate.
After the fine, the offenses continued. The company was stopped 15 more times, because there was an “imminent danger to life and health” on the construction sites.
The Norwegian Labor Inspection Authority established at FH Entreprenør that he could have been fined an additional NOK 800.00. Nevertheless, they decided to put an end to the offences. In this way, the cabin giant did not have to pay a single kroner.
Labor Minister Marte Mjøs Persen (Ap) was shocked by what she read.
– In this type of case, there must be an even stricter response, said Persen.
Now the Minister of Labor warns that it may be appropriate to consider changes to the law if the Norwegian Labor Inspection Authority does not tighten up the use of infringement fees:
- The freedom the supervisory authority currently has to choose whether to issue a fine can be revoked.
- Today’s maximum limit for infringement fees of 1.6 million can be increased.
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Keeps it open
The Minister of Labour’s move comes in the wake of Aftenposten’s disclosure being taken up in the Storting before the summer.
Mímir Kristjánsson (R) reacted to the revelation and to the Norwegian Labor Inspectorate’s reply that they would not investigate their own practice.
In a written question, the Rødt politician is required to answer how the Labor Minister would follow up.
The wallet black that she believes it is now natural to look at the Norwegian Labor Inspection Authority’s sanctioning apparatus, including the provisions on infringement fees.
– It is happening in light of recent developments in this case, Persen tells Aftenposten.
She points out that the ministry notified the Norwegian Labor Inspection Authority already in January to increase the use of infringement fees and their size.
Aftenposten’s disclosure concerned offenses committed in 2019, i.e. the year before this signal was given.
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Considering increasing the fee
This week Aftenposten mentioned that there were 47 serious accidents on Norwegian construction sites this summer. Eight died. The Norwegian Labor Inspection Authority fears even more deaths.
Today, the authority cannot give any businesses a higher fee than 15 G, which corresponds to NOK 1.6 million.
– There has been a development in society since the ceiling was set. I therefore do not rule out that it may be appropriate to initiate work to increase the statutory ceiling for infringement fees, says Persen.
– But before I possibly decide on further work, I want to see how the Norwegian Labor Inspection Authority’s practice develops in light of the management signals that have been given. Until then, I am keeping it open as to how we will possibly follow this up.
Considering revoking discretion
According to the current legislation, the Norwegian Labor Inspection Authority is free to decide for itself whether offenders should be punished.
Aftenposten has access to the authority’s own guidelines on the use of infringement fees. She wrote:
“The Labor Inspectorate has no obligation to impose an infringement fee if the conditions are met, it is only an option”.
It is this freedom to choose that made it possible for them to impose fines of NOK 800,000 on a large cottage company. Despite the fact that grounds for issuing fines had been established in three advance warnings.
– I want to see if the practice develops in light of the signals we have given, before I decide whether we should start work to look more closely at the legislation, says Persen.
– Does that mean that you will assess whether the Norwegian Labor Inspection Authority should be as free in the exercise of discretion as it is today, if the practice does not develop in line with the management signals?
– Exactly, that’s what I’m saying. And I don’t want to prejudge what the outcome will be until I see the development, says Persen.
At the same time, she helps:
– Through the dialogue we have had with the Norwegian Labor Inspection Authority, we see that they have already used more infringement fees, and that they have increased the size of the fees. I am satisfied that they have followed up on that.
– Lacks action
Storting representative Mímir Kristjánsson (R) is not satisfied with the Minister of Labour’s answer.
– The Norwegian Labor Inspection Authority is working contrary to the minister’s instructions. Nevertheless, they have said that they will not investigate themselves, and the minister is allowing the Norwegian Labor Inspectorate to continue as before. The consequence is that the minister lets those who endanger life and health get away with it, says Kristjánsson.
He believes Persen lacks action.
– The minister postpones the major clean-up in working life when she allows the Norwegian Labor Inspection Authority to be evasive when dealing with companies that commit serious offences. The Norwegian Labor Inspection Authority must become much tougher. That is the minister’s responsibility.