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NORWAY ESH AUDIT PROTOCOL – Preview Copy Selected material shown; consider material incomplete in this copy

Norway

Environment, Health & Safety Profile and Checklist

2014

Prepared by

The Isosceles Group 50 Congress Street Boston, MA 02109

Copyright 2014 by The Isosceles Group

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General Overview of Norway Norway (Figure 1) is one of the Nordic countries, occupying the western part of the Scandinavian Peninsula, with a total area of 323,878 sq km. It is bordered by the North Sea, the Norwegian Sea and Barents Sea in the west; Russia, Finland and Sweden in the east; and the Skagerrak (an arm of the North Sea) in the south. It extends about 1,100 mi (1,770 km) from the North Sea along the Norwegian Sea to more than 300 mi (483 km) above the Arctic Circle, the farthest north of any European country. It is slightly larger than New Mexico. Nearly 70% of Norway is uninhabitable and covered by mountains, glaciers, moors, and rivers. Most of the country consists of mountains and plateaus. Forests are found almost as far north as Nordkapp (the North Cape). Galdhø Peak, at 8,100 ft (2,469 m), is Norway's highest point, and the Glåma (Glomma) is the principal river, at 372 mi (598 km) long. Norway's temperate climate is the result of the warming Gulf Stream. Summers are remarkably mild for the latitude, while winters are long, cold, and very snowy. Rainfall is very heavy in the west.

Figure 1 – Map of Norway

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Norway is a country of socio-economic equality with a high standard of living and a homogeneous population (4.7 million – July 2012 estimate). Apart from Oslo and adjacent suburbs, there are no metropolitan cities in Norway. Norwegians usually live in small communities with well-developed road, air, and ferry communication. The official language is Nowegian but there are also some small Finnish-speaking communities. The predominant religion is the Church of Norway (85.7%), while other religions include Pentecostal, Roman Catholic, and Muslim. Norwegian per capita income ranks among the world’s highest. North Sea oil and gas fields are one of the cornerstones of the Norwegian economy. Other major industries upon which Norway relies are fishery, pulp and paper, forestry, mining, manufacturing, and shipping. Traditionally, however, the country is a fishing nation, with 90% of its catch exported. Whaling, a subject of controversy, has resumed despite an international ban. Fish farming is a growth sector, with government assistance, and Norway is now the world's leading producer of salmon. Norway is a constitutional monarch, and its legal system is based on a mixture of customary law, civil law, and common law traditions. The Supreme Court or Hoyesterett renders advisory opinions to legislature when asked. Supreme Court justices are appointed by the monarch. The chief of state is King Harald V. Norway's government is headed by a prime minister. The Cabinet or State Council is appointed by the monarch with the approval of the Parliament. Following parliamentary elections, the leader of the largest party or leader of a coalition is usually appointed prime minister by the monarch, with the approval of the Parliament. The legislative branch is a modified unicameral Parliament or Storting which, for certain purposes, divides itself into two chambers. Norway is not a member of the European Union; it rejected such membership in referenda held in 1972 and 1994. Norway is divided into 19 provinces (fylker). These are Akershus, Aust-Agder, Buskerud, Finnmark, Hedmark, Hordaland, More og Romsdal, Nordland, Nord-Trondelag, Oppland, Oslo, Ostfold, Rogaland, Sogn og Fjordane, Sor-Trondelag, Telemark, Troms, Vest-Agder, and Vestfold. Dependent areas are Bouvet Island, the island of Jan Mayen, and the archipelago of Svalbard.

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Approach to Environmental and Occupational Health & Safety Issues Environmental Policy Norway became one of the first countries in the world to launch an independent Ministry of the Environment, on May 8, 1972, as a result of continued public concern regarding the environment. Environmental considerations are no longer a segregated policy area but are rather routinely integrated into draft legislation and regulation at the three levels of government existing in Norway: the local, district, and federal levels. As is the case in other European countries, not all areas of environmental protection rest with the Ministry of the Environment. In Norway, forestry issues are handled by the Agriculture Ministry, and water regulation is the Ministry of Petroleum and Energy’s responsibility. Additionally, the Norwegian Cabinet comprises a separate ministry dealing with issues involving fisheries, a key component to Norway’s economy. The Ministry of Environment is responsible for formulating federal environmental policy, which is then forwarded to the Cabinet, as a whole, for discussion and possible adoption. A key Ministry function is subsidiary oversight. Most Norwegian environmental legislation is implemented and enforced by one of the Ministry’s subordinate agencies. Many federal environmental laws simply outline the legislation’s purpose and goals, and then name the subsidiary body responsible for implementation and enforcement. Thus, the subsidiary bodies have the potential of significantly impacting the country’s environmental condition. Subordinate to the minister and state secretary are six departments and a communication unit. The departments are:

• The Department for Organizational and Economic Affairs; • The Department for Nature Management; • The Department for Cultural Heritage Management; • The Department for Climate Change and Pollution Control; • The Department for International Cooperation; and • The Department for Regional Planning.

Each department is led by a director general. Several departments also house secretariats for various government initiatives. The Environment Ministry also supervises five independent environmental agencies, including:

• The Directorate for Nature Management; • The Directorate for Cultural Heritage; • The Norwegian Polar Institute; • The Norwegian Mapping Authority; and • The Climate and Pollution Agency.

While the Ministry of Environment is the chief environmental entity at the federal level, environmental offices are established also at the county and municipal levels. Copyright 2014 by The Isosceles Group

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Health and Safety Policy Norway established worker health and safety legislation as the Worker Protection and Working Environment Act, on February 4, 1977 (also known as the Working Environment Act). The Act stipulates that all employees in Norwegian companies must have a satisfactory working environment. It is the intent of the Act to apply to all businesses with employees, except for the merchant marine and the fishing fleet. All companies are obliged and are responsible for adopting a systematic approach to, and for maintaining, a satisfactory working environment. Employees have both the right and obligation to participate in work to ensure this. The primary set of regulations concerning health and safety are the Regulations Relating to the Systematic Health, Environment and Safety Activities in Enterprises (Internal Control Regulations). These regulations were laid down in December 1996, in pursuance of the Working Environment Act. The Labour Inspection Authority is the governmental agency in Norway that issues regulations relating to the Working Environment Act and regulations, and provides guidance and supervision with respect to the act and any regulations they issue. These regulations are more detailed than the Act itself. Any business failing to comply with these regulations renders itself liable to a penalty. The Labour Inspection Authority’s overall objective is a healthy working environment for all, safe and secure employment conditions, and meaningful work for the individual. The Labour Inspection Authority encourages enterprises to work systematically towards compliance with the working environment laws and regulations. The Labour Inspection Authority ensures that enterprises comply with the requirements of the Working Environment Act and associated regulations. Supervision will mainly be aimed at enterprises with the poorest working conditions, where there is little willingness to correct problems, and where the agency's efforts will have the greatest effect. This is done by:

• Internal Control Audits Reviews of enterprises' internal control systems to reveal whether regulations and procedures are being followed. An audit can take place over several days.

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Verifications/Inspections Intermittent tests are used to check whether internal control systems function well and whether companies meet legal requirements.

• Investigating Accidents

All serious and life threatening accidents are investigated by the Labour Inspection Authority.

The Labour Inspection Authority has also been working systematically with industries struggling with major working environment problems. There have been campaigns in a number of sectors, including the health sector, hotels and restaurants, construction, transport, agriculture, and the police. The purpose of these campaigns has been to motivate individual enterprises to focus upon their own working environment and make improvements through internal control routines. Single day campaigns with mass inspections and broad media coverage are carried out several times each year. They are usually focused on a single issue, like the existence of written contracts of employment and the proper labeling of chemicals In dealing with enterprises that do not comply with the requirements of the Working Environment Act, the Labour Inspection Authority may respond with:

• Orders When statues and regulations are violated, the agency may give the enterprise an order to correct the situation within a given time limit. This is done in writing, and the recipient has the opportunity to lodge an appeal.

• Coercive Fines If the order is not complied with, coercive fines may be imposed. The size of the fine is dependent upon several factors, but the main rule is that it shall be unprofitable to violate the Working Environment Act.

• Shutdown of Operations

An enterprise may be shut down with immediate effect if the life and health of its employees are in imminent danger. Shutdowns may also be imposed when enterprises fail to comply with orders given.

• Police Response

The agency may report enterprises to the police for serious breaches of the act. A serious violation can result in fines or, in the worst case, imprisonment.

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Regulatory Agencies Environmental A list of Norwegian Environmental Departments and Agencies with current addresses, phone numbers, email and web addresses can be accessed at:

http://www.regjeringen.no/en/dep/md/about-the-ministry/organisation.html?id=692.

The more relevant departments are presented below.

• Ministry of the Environment

The Ministry of the Environment, established on May 8, 1972, is responsibile for carrying out the environmental policies of the Government. In addition to initiating, developing, and carrying out its own measures, the Ministry of the Environment is instrumental in influencing other Ministries and sectors at the national level. The Ministry coordinates the environmental policy objectives of the Government, while at the same time, ensuring follow-up and monitoring results of environmental policies. The environmental administration also contributes in ensuring that international cooperation at all levels is expanded and reinforced.

Address: P.O.Box 8013 Dep N-0030 Oslo Telephone: +47 (22) 24 90 90 Facsimile: +47 (22) 24 95 60 Website: http://www.regjeringen.no/en/dep/md.html?id=668 Email: [email protected]

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Environmental Laws and Regulations A listing of applicable Norway environmental laws and regulations is presented in Table 1. The laws and regulations can be accessed online at the following website:

Table 1

Norway Environmental Legislation

(Laws and regulations are presented by area of coverage and then chronologically by promulgation date)

Topic Area and Legislation Title Date of

Promulgation or Most Recent

Amendment

General Environmental

• Act No. 31 of 2003 Relative to the Right to Information Regarding the Environment and the Right to Participate in Decision-Making Processes Affecting the Environment (Environment Information Act)

4/11/2008

• Regulation on Environmental Impact Assessment 5/26/2009

• Act No. 50 of 1990 Relating to the Generation, Conversion, Transmission, Trading, Distribution and Use of Energy etc. (Energy Act)

6/24/2010

• Act 11 June 1976 No. 79 Relating to the Control of Products and Consumer Services (Product Control Act) 3/3/2011

• Act of 13 March 1981 No. 6 Concerning Protection Against Pollution and Concerning Waste (Pollution Control Act) 3/3/2011

• Regulations Relating to Pollution Control (Pollution Regulations) 3/2012

Air Quality/Emissions

• Act of 17 December 2004 No. 99 Relating to Greenhouse Gas Emission Allowance Trading and the Duty to Surrender Emission Allowances (Greenhouse Gas Emission Trading Act) (amended)

5/25/2012

Water

• Regulation of 4 December 2001 No. 1372 Concerning Water Supply and Water Intended for Human Consumption (Drinking Water Regulations)

7/6/2007

• Act No. 82 of 2000 on River Systems and Groundwater (Water Resources Act)

6/25/2010

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Occupational Health and Safety Laws and Regulations Applicable Norwegian occupational health and safety laws and regulations are presented in Table 2. The regulations can be accessed online at the following government website:

Table 2 Norway Occupational Health and Safety Legislation

(Laws and regulations are presented by area of coverage and then chronologically by promulgation or effective date)

Topic Area and Legislation Title Date of

Promulgation or Most Recent

Amendment

General Occupational Health and Safety

• Regulations Relating to Systematic Health, Environmental and Safety Activities in Enterprises (Internal Control Regulations) 4/2005

• Act of 17 June 2005 No. 62 Relating to Working Environment, Working Hours and Employment Protection, etc. (Working Environment Act) 6/1/2009

Health and Safety Representatives and Committees

• Regulation No. 7 of 29 April 1977 Relating to Safety Delegates and Working Environment Committees 1/1/2003

Employee Well-Being

• Regulation No. 551 of 30 April 1998 Relating to Work with Children and Young People 8/20/2007

Work Environment

• Regulation No. 170 of 16 February 1995 Relating to Workplaces and Work Premises 8/9/2006

• Regulation No. 972 of 6 October 1994 Relating to Safety Signs and Signaling in the Workplace 12/2/2009

Machinery, Equipment, and Controls

• Regulation No. 721 of 9 June 1999 Relating to Pressure Equipment (RPE) 7/10/2002

• Regulation No. 608 of 26 June 1998 Relating to Use of Work Equipment 10/15/2010

Chemical and Substance Management

• Regulation No. 443 of 30 April 2001 Relating to Protection Against Exposure to Chemicals in the Workplace (the Chemical Regulations) 4/29/2005

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ENVIRONMENTAL PROFILE QUESTIONS Questions for this Profile were based on the various laws and regulations presented earlier that were readily available and translated. Questions were categorized under one or more of the following titles:

• General Environmental Requirements • Air Quality/ Emissions. • Wastewater Discharges. • Water Resources. • Hazardous Waste Management • Solid (Non-Hazardous) Waste Management. • Radioactive Materials Handling and Disposal. • Hazardous/ Dangerous Substances Compliance Programs. • Environmental Noise. • Tank Storage Management. • Remediation. • Property Transactions/ Due Diligence. • External Emergency Planning.

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General Environmental Requirements

No. General Environmental Requirements Checklist Questions Regulatory

Citation

1.1 Does the facility possess, do, or initiate anything that may involve a risk of pollution? If so, does the facility ensure that measures are taken to prevent such pollution from occurring? Regulatory Note: If pollution has already occurred, the facility must ensure that measures are taken to stop or remove the pollution or limit its effects. The facility also has a duty to take steps to mitigate any damage or nuisance resulting from the pollution or from measures to counteract it. Explanatory Note: For the purpose of this Act, “pollution” means:

i) The introduction of solids, liquids, or gases to air, water, or ground;

ii) Noise and vibrations; iii) Light and other radiation to the extent decided by the

pollution control authority; and iv) Effects on temperature,

that cause or may cause damage or nuisance to the environment.

Pollution Control Act (2011), §6; §7

1.2 Has the facility applied to the pollution control authority for a permit for any activity that may cause pollution? Regulatory Note: The pollution control authority may rescind or alter the conditions attached to a permit issued in accordance with this Act or regulations pursuant thereto, or impose new conditions, and if necessary, withdraw the permit, if:

i) The damage or nuisance caused by the pollution proves to be significantly greater than, or different from that anticipated when the permit was issued;

ii) The damage or nuisance can be reduced without unreasonable cost to the polluter;

iii) New technology makes substantial reduction of the pollution possible;

Pollution Control Act (2011), §11; §18

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No. General Environmental Requirements Checklist Questions Regulatory

Citation

iv) The conditions laid down in the permit are not necessary for the purpose of counteracting pollution;

v) The advantages to the polluter or others of relaxing or rescinding conditions will be substantially greater than the damage or nuisance to the environment that will result; or

vi) This otherwise follows from the rules for reversing decisions that are currently in force.

A permit may, in any case, be withdrawn or altered if it is more than 10 years since it was issued.

1.3 Is the facility planning any activity which may involve serious pollution at a new site or significant developments of a new character at a site where there is existing activity? If so, has the facility, at an early stage of the planning process, sent notification to the pollution control authority? Regulatory Note: The pollution control authority may decide that any person planning any activity for which notification is mandatory shall carry out an environmental impact assessment to reveal any effects of pollution. The environmental impact assessment shall normally include a study of:

i) Which types of pollution the activity will generate during normal operations and in the event of all conceivable types of accidents, and the likelihood of such accidents;

ii) What short- and long-term effects the pollution may have; iii) Alternative locations, production processes, purification

measures, and ways of recovering waste that have been evaluated, and reasons for the solutions chosen by the applicant; and

iv) How the activity will be integrated into the general and local development plans for the area, and if relevant, how it will restrict future planning.

Pollution Control Act (2011), §13

1.4 Has the facility prepared an environmental impact statement? If so, does the facility ensure that said statement is made available to the competent pollution control authority for examination?

Pollution Control Act (2011), §14

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No. General Environmental Requirements Checklist Questions Regulatory

Citation

Regulatory Note: The pollution control authority may decide that parts of the statement shall be made public before the whole statement is available.

1.5 Does the facility hold the requisite permit and have plans for major replacement of equipment that will make it technically possible to prevent pollution in a significantly improved manner than when the permit was issued? If so, has the facility given advance notification to the pollution control authority?

Pollution Control Act (2011), §19

1.6 Has the facility been closed or have operations ceased? If so, has the facility taken the necessary action, at any given time, to prevent pollution? Regulatory Note: If the facility or operations may result in pollution after closure or stoppage, the pollution control authority shall be given reasonable prior notice of this.

Pollution Control Act (2011), §20

1.7 Does the facility have an on-site wastewater treatment installation? If so, has the facility received a discharge permit that includes the condition that the installation is constructed so that it can receive wastewater from another municipality or another property? Explanatory Note: “Wastewater treatment installation” means an installation for the transport and treatment of wastewater. The term “wastewater” means both sanitary and industrial wastewater and stormwater runoff.

Pollution Control Act (2011), §21; §22

1.8 Does the facility operate a waste storage site or waste treatment and disposal plant that may result in pollution, or that may be unsightly? If so, has the facility applied for, and received the pertinent permit? Regulatory Note: Conditions may be imposed in the permit, for instance, as regards transport, treatment, recovery, and storage of

Pollution Control Act (2011), §27; §29

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No. General Environmental Requirements Checklist Questions Regulatory

Citation

waste, and measures to prevent the facility from becoming unsightly. Explanatory Note: “Waste” means discarded objects of personal property or substances. Surplus objects and substances from service industries, manufacturing industries, and treatment plants, etc. are also considered to be waste. Wastewater and exhaust gases are not considered to be waste.

1.9 Has there been an occurrence of acute pollution or a danger of acute pollution? If so, has the facility immediately notified the nearest police authority? Explanatory Note: “Acute pollution” means significant pollution that occurs suddenly and that is not permitted in accordance with provisions set out in, or issued pursuant to this Act.

Pollution Control Act (2011), §38; §39

1.10 Does the facility possess, do, or initiate anything that may generate pollution or result in waste problems? If so, does the facility provide the pollution control authority or other public bodies with any information necessary to enable them to carry out their tasks pursuant to this Act?

Pollution Control Act (2011), §49

1.11 Does the facility ensure that all installations that are covered by the provisions in this chapter are registered with the competent authority, and that any substantial change is also reported to the competent authority? Regulatory Note: The installation shall be registered by completing and submitting a standardized report form which can be obtained from the competent authority.

Pollution Regulations (2012), §9.4

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Air Quality/Emissions

No. Air Quality/Emissions Checklist Questions Regulatory

Citation

1.12 Is the facility engaged in any activities that result in CO2 emissions? If so, has the facility applied for a discharge permit? Regulatory Note: This Act applies to CO2 emissions in connection with:

i) Energy production; ii) Refining of mineral oil; iii) Coke production; iv) Production and processing of iron and steel, including

roasting and sintering of iron ore; and v) Production of cement, lime, glass, glass fiber, and ceramic

products. The Act does not apply to emissions from the combustion of biomass and/or the combustion of hazardous or municipal waste.

Greenhouse Gas Emission Trading Act (2012), §3; §4

1.13 Has the facility provided the pollution control authorities with prior notification of any changes in the nature or scale of an activity that may have a bearing on whether the conditions set out in a decision pursuant to Section 8 are satisfied?

Greenhouse Gas Emission Trading Act (2012), §10

1.14 Does the facility, by March 1st of each year, report to the pollution control authorities, on CO2 emissions during the previous calendar year to which the duty to surrender allowances applies? Regulatory Note: If, by April 1st in any year, the facility has not reported its emissions pursuant to the provisions of Section 16 or provisions laid down pursuant thereto, the pollution control authorities shall suspend the right of the facility to transfer allowances within the registry of allowances until a satisfactory report on emissions has been provided.

Greenhouse Gas Emission Trading Act (2012), §16; §19

1.15 Does the facility carry out the following measurements of air emissions at an incineration plant?

i) Continuous measurements of total dust, TOC, HCl, HF, SO2, NOX, and CO; and

Waste Regulations (2012), §10.21

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No. Air Quality/Emissions Checklist Questions Regulatory

Citation

ii) At least one measurement, every 6 months, of heavy metals and dioxins. However, one measurement at least every 3 months shall be carried out for the first 12 months of operation.

1.16 Does the facility operate a waste incineration plant? If so, does the facility, as far as possible, prevent the occurrence of abnormal operating conditions which cause the exceedance of set emission limit values? Regulatory Note: If the emission limit values are still exceeded as a result of inevitable technical disturbances or failures in the treatment plants or measurement equipment, the incineration of waste must not continue for more than 4 hours uninterrupted. The total operating time under such conditions shall be less than 60 hours over 12 consecutive months.

Waste Regulations (2012), §10.29

1.17 Have the emission limit values for a waste incineration plant been exceeded, or have other abnormal conditions occurred which have, or may have pollution-related consequences? If so, has the competent authority been notified without undue delay?

Waste Regulations (2012), §10.30

Wastewater Discharges

No. Wastewater Discharges Checklist Questions Regulatory

Citation

1.18 Does the facility have an on-site wastewater treatment installation? If so, has the facility received a discharge permit that includes the condition that the installation is constructed so that it can receive wastewater from another municipality or another property? Explanatory Note: “Wastewater treatment installation” means an installation for the transport and treatment of wastewater. The term “wastewater” means both sanitary and industrial wastewater and storm water runoff.

Pollution Control Act (2011), §21; §22

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No. Wastewater Discharges Checklist Questions Regulatory

Citation

1.19 Does the facility have an on-site wastewater treatment installation? If so, does the facility assume responsibility for the operation and maintenance?

Pollution Control Act (2011), §24

Water Resources

No. Water Resources Checklist Questions Regulatory

Citation

1.20 Does the facility ensure that any measures in a river system are planned and implemented so as to harm or inconvenience public or private interests as little as possible? Explanatory Note: “Measures in a river system” are watercourse installations and other measures in a river system that, by their nature, are apt to affect the rate of flow, water level, the bed of a river, or direction or speed of the current, or the physical or chemical water quality in a manner other than by pollution.

Water Resources Act (2010), §3; §5

1.21 Do all measures in the river system meet all requirements that may reasonably be set to safeguard against hazards to people, property, or the environment?

Water Resources Act (2010), §5

1.22 Does the facility ensure that it does not implement measures in a river system that may be of appreciable harm or nuisance to any public interest in the river system or the sea, unless the facility has obtained a license from the water authorities?

Water Resources Act (2010), §8

1.23 Is the facility responsible for measures in a river system that can cause substantial harm to people, property, or the environment? If so, does the facility have an emergency preparedness plan that provides guidelines for what is to be done if an accident occurs, or in the event of a sudden increase of risk? Regulatory Note: The plan shall be modified or replaced as needed.

Water Resources Act (2010), §38

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No. Water Resources Checklist Questions Regulatory

Citation

1.24 Is it ensured that abstracti on of groundwater is limited to what the groundwater reservoir will tolerate?

Water Resources Act (2010), §44

1.25 Does the facility ensure that it obtains a license for the following types of abstraction of water?

i) Abstraction of water in excess of a limit that the water authorities have stipulated in regulation;

ii) Abstraction of water in excess of the scope that is natural for the activity normally engaged in on such properties; and/or

iii) Other rights to, or impact on groundwater, provided the water authorities have determined this in regulation or in the individual case.

Water Resources Act (2010), §45

Hazardous Waste Management

No. Hazardous Waste Management Checklist Questions Regulatory

Citation

1.1 Does the facility ensure that it does not empty, leave, store, or transport waste in such a way that it is unsightly or may cause damage or nuisance to the environment? Regulatory Note: Any person in violation of the above shall arrange for the necessary clean-up measures. Explanatory Note: “Waste” means discarded objects of personal property or substances. Surplus objects and substances from service industries, manufacturing industries, and treatment plants, etc. are also considered to be waste. Wastewater and exhaust gases are not considered to be waste.

Pollution Control Act (2011), §27; §28

1.2 Does the facility operate a waste storage site or waste treatment and disposal plant that may result in pollution or that may be unsightly? If so, has the facility applied for, and received the pertinent permit?

Pollution Control Act (2011), §29

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No. Hazardous Waste Management Checklist Questions Regulatory

Citation

Regulatory Note: Conditions may be imposed in the permit, for instance, as regards transport, treatment, recovery, and storage of waste, and measures to prevent the facility from becoming unsightly.

Solid (Non-Hazardous) Waste Management

No. Solid (Non-Hazardous) Waste Management Checklist Questions

Regulatory Citation

1.1 Does the facility ensure that it does not empty, leave, store, or transport waste in such a way that it is unsightly or may cause damage or nuisance to the environment? Regulatory Note: Any person in violation of the above shall arrange for the necessary clean-up measures. Explanatory Note: “Waste” means discarded objects of personal property or substances. Surplus objects and substances from service industries, manufacturing industries, and treatment plants, etc. are also considered to be waste. Wastewater and exhaust gases are not considered to be waste.

Pollution Control Act (2011), §27; §28

1.2 Does the facility operate a waste storage site or waste treatment and disposal plant that may result in pollution or that may be unsightly? If so, has the facility applied for, and received the pertinent permit? Regulatory Note: Conditions may be imposed in the permit, for instance, as regards transport, treatment, recovery, and storage of waste, and measures to prevent the facility from becoming unsightly.

Pollution Control Act (2011), §29

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Radioactive Materials Handling and Disposal

No. Radioactive Materials Handling and Disposal Checklist Questions

Regulatory Citation

1.1 Does the facility ensure that all manufacture, import, export, transport, transfer, possession, installation, use, handling, and waste disposal of radiation sources is performed properly to guarantee that risks to those performing any such activity, to other persons, or to the environment, do not arise? Regulatory Note: Human activity that entails increased exposure to ionizing radiation from sources occurring naturally in the environment shall also be performed properly. Explanatory Note: “Radiation” means ionizing and non-ionizing radiation. “Ionizing radiation” means radiation from radioactive matter, x-ray radiation, and particle radiation. “Non-ionizing radiation” means optical radiation, radio frequency radiation, electrical and magnetic fields, or other radiation with corresponding biological effects and ultrasound. “Radiation source” means radioactive substances, products, or equipment containing such substances, as well as installations, apparatus, or equipment which may emit radiation.

Act on Radiation Protection and Use of Radiation (2011), §3; §5

1.2 Are all employees and other associated persons afforded such instruction or training as is necessary to ensure that they have sufficient qualifications or knowledge in the field of radiation protection and the safe use of radiation? Regulatory Note: Visitors and others with access to the facility shall, where necessary in the interest of radiation protection, be provided with information about precautions that must be taken.

Act on Radiation Protection and Use of Radiation (2011), §7

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Hazardous/Dangerous Substance Compliance Requirements

No. Hazardous/Dangerous Substance Compliance Requirements Checklist Questions

Regulatory Citation

1.26 Does the facility adhere to the restrictions on certain substances and preparations cited in these Regulations?

Product Regulations (2012), Chapter 2

1.27 Is it ensured that the production, sale, or use of substances or preparations that contain polychlorinated biphenyls (PCBs), CAS no. 1336-36-3, is prohibited?

Product Regulations (2012), §2.1

1.28 Is it ensured that the sale, use, or re-use of finished products that contain PCBs is prohibited?

Product Regulations (2012), §2.1

1.29 Is it ensured that products containing PCBs are secured against leakage?

Product Regulations (2012), §2.1

1.30 Does the facility ensure that it does not manufacture, import, export, sell, and/or use substances or preparations that contain mercury or mercury compounds?

Product Regulations (2012), §2.3

1.31 Does the facility ensure that it does not manufacture, import, export, or sell finished products that contain mercury or mercury compounds?

Product Regulations (2012), §2.3

1.32 Is it ensured that producing, importing, exporting, and/or selling packaging in which the combined content of lead, cadmium, mercury, and hexavalent chromium exceeds 100 mg/kg is prohibited? Explanatory Note: “Packaging” means all products that are used to contain, protect, or deliver a product from manufacturer to user or consumer. Non-returnable articles used for the same purpose are also deemed to be packaging.

Product Regulations (2012), §2.15

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Environmental Noise

No. Environmental Noise Checklist Questions Regulatory

Citation

1.1 Have the average indoor noise levels at the facility during the day exceeded 42 dB LpAeq, 24h? If so, are the appropriate measures implemented?

Pollution Regulations (2012), §5.4(1)

1.2 Does the facility map noise levels down to 35 dB LpAeq, 24h? Regulatory Note: The map shall be updated every 5 years. In special cases, the competent authority may issue an order to update the existing maps.

Note: For the minimum requirements for strategic noise mapping, see Chapter 5, Appendix 2 (Attachment B of this report).

Pollution Regulations (2012), §5.5

1.3 Are outdoor noise levels and the sound passage through façades measured using proper professional methods, and any deviations from these methods documented?

Pollution Regulations (2012), §5.7

Remediation

No. Remediation Checklist Questions Regulatory

Citation

1.1 Does the facility ensure that it does not empty, leave, store, or transport waste in such a way that it is unsightly or may cause damage or nuisance to the environment? Regulatory Note: Any person in violation of the above shall arrange for the necessary clean-up measures. Explanatory Note: “Waste” means discarded objects of personal property or substances. Surplus objects and substances from service industries, manufacturing industries, and treatment plants, etc. are also considered to be waste. Wastewater and exhaust gases are not considered to be waste.

Pollution Control Act (2011), §27; §28

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External Emergency Planning

No. External Emergency Planning Checklist Questions Regulatory

Citation

1.1 Has the facility prepared an environmental impact statement? If so, does the facility ensure that said statement is made available to the competent pollution control authority for examination? Regulatory Note: The pollution control authority may decide that parts of the statement shall be made public before the whole statement is available.

Pollution Control Act (2011), §14

1.2 Has there been an occurrence of acute pollution or a danger of acute pollution? If so, has the facility immediately notified the nearest police authority? Explanatory Note: “Acute pollution” means significant pollution that occurs suddenly and that is not permitted in accordance with provisions set out in, or issued pursuant to this Act.

Pollution Control Act (2011), §38; §39

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HEALTH AND SAFETY PROFILE QUESTIONS

Questions for this Profile were based on the various laws and regulations presented earlier that were readily available and translated. Questions were categorized under one of the following titles:

• General Occupational Health and Safety Requirements. • Health and Safety Representatives and Committees. • Worker Right-to-Know/Hazard Communication. • Employee Medical and Well-Being Requirements. • Work Environment and Controls. • Machinery, Equipment, and Controls. • Electrical Safety. • Chemical and Substance Management. • Industrial Hygiene and Exposure Limits. • Personal Protection Equipment. • Internal Emergency Response Requirements. • Ergonomics and Work Organization.

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General Occupational Health and Safety Requirements

No. General Occupational Health and Safety Requirements Checklist Questions

Regulatory Citation

2.1 Does the facility, in order to safeguard the employees’ health, environment, and safety, ensure that systematic health, environment, and safety work is performed at all levels of the undertaking? Regulatory Note: This shall be carried out in cooperation with the employees and their elected representatives.

Working Environment Act (2009), §3.1(1)

2.2 Does the facility carry out the following to ensure systematic health, environment, and safety work?

i) Establish goals for health, environment, and safety, and have an overall view of the facility’s organization, including how responsibility, tasks, and authority for work on health, environment, and safety are distributed;

ii) Make a survey of hazards and problems and, on this basis, assess risk factors in the facility, prepare plans, and implement measures in order to reduce the risks;

iii) During planning and implementation of changes at the facility, assess whether the working environment will be in compliance with the requirements of this Act, and implement the necessary measures;

iv) Implement routines in order to detect, rectify, and prevent contraventions of requirements laid down in, or pursuant to this Act;

v) Ensure systematic prevention and follow-up of absence due to sickness;

vi) Ensure continuous control of the working environment and the employees’ health when necessitated by risk factors at the facility; and

vii) Conduct systematic supervision and review of the systematic work on health, environment, and safety in order to ensure that it functions as intended.

Working Environment Act (2009), §3.1(2)

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Health and Safety Representatives and Committees

No. Health and Safety Representatives and Committees Checklist Questions

Regulatory Citation

2.1 Does the facility, in order to safeguard the employees’ health, environment, and safety, ensure that systematic health, environment, and safety work is performed at all levels of the undertaking? Regulatory Note: This shall be carried out in cooperation with the employees and their elected representatives.

Working Environment Act (2009), §3.1(1)

2.2 Does the facility provide occupational health services if so necessitated by risk factors at the facility? Regulatory Note: The assessment of whether such an obligation exists shall be made as part of the implementation of the systematic health, environment, and safety measures. The occupational health service shall assist the employer, the employees, the working environment committee, and safety representatives in creating safe and sound working conditions.

Working Environment Act (2009), §3.3(1); §3.3(2)

Worker Right-to-Know/Hazard Communication

No. Worker Right-to-Know/Hazard Communication Checklist Questions

Regulatory Citation

2.1 Is work to be carried out that may involve particular hazards to life or health? If so, are written instructions prepared, prescribing how the work is to be done and what safety measures are to be implemented?

Working Environment Act (2009), §3.2(3)

2.2 Does the facility, in connection with systematic health, environment, and safety work, develop routines for internal notification or implement other measures that facilitate internal notification concerning censurable conditions at the facility?

Working Environment Act (2009), §3.6

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No. Worker Right-to-Know/Hazard Communication Checklist Questions

Regulatory Citation

2.3 Are employees and their elected representatives kept continuously informed of systems used in planning and performing the work? Regulatory Note: The employees and their elected representatives shall be given the training necessary to enable them to familiarize themselves with these systems, and they shall take part in designing them.

Working Environment Act (2009), §4.2(1)

Employee Medical and Well-Being Requirements

No. Employee Medical and Well-Being Requirements Checklist Questions

Regulatory Citation

2.3 Does the facility provide occupational health services if so necessitated by risk factors at the facility? Regulatory Note: The assessment of whether such an obligation exists shall be made as part of the implementation of the systematic health, environment, and safety measures. The occupational health service shall assist the employer, the employees, the working environment committee, and safety representatives in creating safe and sound working conditions.

Working Environment Act (2009), §3.3(1); §3.3(2)

2.4 Does the facility ensure the following regarding the psychosocial working environment?

i) The work shall be arranged so as to preserve the employees’ integrity and dignity;

ii) Efforts shall be made to arrange the work so as to enable contact and communication with other employees of the facility;

iii) Employees shall not be subjected to harassment or other improper conduct; and

iv) Employees shall, as far as possible, be protected against violence, threats, and undesirable strain as a result of contact with other persons.

Working Environment Act (2009), §4.3

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Work Environment and Controls

No. Work Environment and Controls Checklist Questions Regulatory

Citation

2.1 Is it ensured that the working environment at the facility is fully satisfactory when the factors in the working environment that may influence the employees’ physical and mental health and welfare are judged separately and collectively?

Working Environment Act (2009), §4.1(1)

2.2 Is the workplace arranged for employees of both sexes? Working Environment Act (2009), §4.1(3)

2.3 Are passageways, sanitary facilities, etc., to the extent possible and reasonable, designed and arranged so that employees with disabilities can work properly?

Working Environment Act (2009), §4.1(4)

2.4 Is it ensured that physical working environment factors, such as factors relating to buildings and equipment, indoor climate, lighting, noise, radiation, etc. are fully satisfactory, with regard to the employees’ health, environment, safety, and welfare?

Working Environment Act (2009), §4.4(1)

2.5 Is the workplace equipped and arranged in such a way as to avoid adverse physical strain on the employees, with any necessary aids made available to the employees?

Working Environment Act (2009), §4.4(2)

2.6 Are notices posted at the workplace, indicating the names of those acting as safety representatives at any given time?

Working Environment Act (2009), §6.1(4)

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Machinery, Equipment, and Controls

No. Machinery, Equipment, and Controls Checklist Questions Regulatory

Citation

2.1 Is all work equipment, to the extent possible and reasonable, designed and arranged so that employees with disabilities can work properly?

Working Environment Act (2009), §4.1(4)

2.2 Is care taken when machines and other work equipment are being installed and used, to ensure that employees are not subjected to undesirable strain as a result of vibration, uncomfortable working positions, etc.?

Working Environment Act (2009), §4.4(2)

2.3 Are machines and other work equipment designed and provided with safety devices so that employees are protected against injuries?

Working Environment Act (2009), §4.4(3)

2.4 Is it ensured that all work equipment to be used is constructed and arranged so that workers are protected against damage to life and health?

Regulation No. 608 (2010), §7

2.5 Has the facility assessed the risks and taken the necessary measures to ensure that work equipment made available to workers is suitable for the intended work? Regulatory Note: When it is not possible to fully ensure that work equipment can be used without risk of damage to life and health, the facility shall take measures to limit the risks as much as possible.

Regulation No. 608 (2010), §7; §46A.5

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Electrical Safety

No. Electrical Safety Checklist Questions Regulatory

Citation

2.1 Are all serious incidents involving electrical equipment reported to the Directorate for Civil Protection and Emergency Planning?

Regulation No. 1164 (2008), §5

2.2 Is all electrical equipment clearly marked, in Norwegian, with the necessary information for safe use? Regulatory Note: If this is not possible, the information must be provided in an accompanying manual.

Regulation No. 1164 (2008), §11

Chemical and Substance Management

No. Chemical and Substance Management Checklist Questions Regulatory

Citation

2.3 When handling chemicals or biological substances, is the working environment so arranged that employees are protected against accidents, injuries to health, and excessive discomfort?

Working Environment Act (2009), §4.5(1)

2.4 Are chemicals and biological substances manufactured, packed, used, and stored in such a way that employees are not subjected to health hazards?

Working Environment Act (2009), §4.5(1) Chemical Regulations (2005), §12

2.5 Is it ensured that chemicals and biological substances that may involve health hazards are not used if they can be replaced by other substances or by another process that is less hazardous for the employees?

Working Environment Act (2009), §4.5(2) Chemical Regulations (2005), §8

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Industrial Hygiene and Exposure Limits

No. Industrial Hygiene and Exposure Limits Checklist Questions Regulatory

Citation

2.1 Is it ensured that the use and other handling of asbestos and material containing asbestos are prohibited? Explanatory Note: “Asbestos” is the fibrous, crystalline silicates Chrysotile (white asbestos), Crocidolite (blue asbestos), amosite (brown asbestos), Anthophyllite, Tremolite, and Actinolite. “Asbestos fiber” is a fiber with a length of more than 5 micrometers, a breadth of less than 3 micrometers and a length/breadth ratio greater than 3:1.

Regulations Relating to Asbestos (2005), §4; §6

2.2 Has the facility conducted a survey to ascertain how and to what extent the workers may be exposed to asbestos dust, and on the basis of the survey, assessed the risk to the workers’ health and safety? Regulatory Note: The risk assessment shall be updated when so indicated by new information or changes in the work. The risk assessment shall be carried out in cooperation with the workers or their representatives. Explanatory Note: “Asbestos dust” is asbestos fibers suspended in the air or settled asbestos fibers that may become suspended in the air of the working environment.

Regulations Relating to Asbestos (2005), §4; §8

Personal Protection Equipment

No. Personal Protection Equipment Checklist Questions Regulatory

Citation

2.5 When satisfactory precautions to protect life and health cannot be achieved by other means, does the facility ensure that satisfactory personal protective equipment (PPE) is made available to the

Working Environment Act (2009), §3.2(2)

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No. Personal Protection Equipment Checklist Questions Regulatory

Citation

employees, that the employees are trained in the use of such equipment, and that the equipment is used?

Regulation No. 608 (2010), §10

2.6 Does the facility ensure that all PPE provided to the employee meets the requirements provided in Regulation No. 819 of 19 August 1994 Relating to Construction, Design, and Manufacture of Personal Protective Equipment, and are marked with the CE mark?

Regulation No. 1425 (1995), §7

2.7 Does the facility ensure that PPE used in the workplace provides fully satisfactory protection at all times, and conforms to the following?

i) Does not result in increased risks; ii) Is suitable or can be adapted to the employee; and iii) Is adapted to the current work.

Regulation No. 1425 (1995), §7

Internal Emergency Response Requirements

No. Internal Emergency Response Requirements Checklist Questions

Regulatory Citation

2.1 Does the facility ensure that the necessary safety measures are taken to prevent and limit fire, explosion, or other accidents?

Fire and Explosion Prevention Act (2002), §6

2.2 Does the facility maintain building structures, safety equipment, and other safety measures in proper condition to prevent fire, explosion, or other accidents occurring, and also to ensure that these operate at all times according to their purpose?

Fire and Explosion Prevention Act (2002), §6

2.3 Does the facility ensure that after any fire, explosion, or other accident, the property is guarded and other necessary safety measures are undertaken, if the leader of the Fire Service so demands?

Fire and Explosion Prevention Act (2002), §6

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