11 More effective chemicals administration

The Government intends to ensure that the management regime for chemicals is organised in such a way that health, working environment and external environment concerns are integrated into the system in the best possible way.

Rules that are intended to improve health, environmental and safety standards must be complied with if they are to give results. Inspection and enforcement measures must be extensive enough to be a good tool for ensuring compliance with the legislation. There must be a real risk of incurring sanctions in cases of non-compliance. The Government will strengthen control and enforcement of the legislation to reduce releases of pollutants and reduce the number of products on the market that do not comply with the legislation. This will give greater assurance of health, environmental and consumer safety, and in addition raise awareness of the legislation and provide greater equality before the law. Publication of the results of inspection and control will also be used to improve the information provided to consumers before they purchase products.

11.1 Organisation of the chemicals administration

The Government will:

• consider whether there is a need to strengthen cooperation and coordination between different agencies in order to ensure that effective and consistent health and environmental assessments and risk reduction measures are used in the administration of medicines and cosmetics

• consider whether administrative agencies should cooperate more closely on monitoring the dispersal of plant protection products and biocides in the environment. This will include consideration of the appropriateness of such cooperation

• evaluate the consequences of giving one agency the overall responsibility for the legislation on classification and labelling of chemicals with respect to health and environmental hazards

• merge the Product Register and the Norwegian Pollution Control Authority and establish an advisory committee for the Product Register

• strengthen cooperation on international issues of relevance to hazardous substances.

Photo: Marianne Otterdahl-Jensen

General considerations

In the current chemicals administration, the division of responsibilities depends partly on areas of use (for example, the Ministry of Agriculture and Food is responsible for pesticides, while the Ministry of Health and Care Services is responsible for medicines), partly on the interests to be protected (for example, the Ministry of Labour and Social Inclusion is responsible for instruments for protecting worker health, and the Ministry of the Environment for policy instruments for protecting consumer health), and partly according to the properties of the chemicals themselves (for example, chemicals in cosmetics are the responsibility of the Ministry of the Environment if they are environmentally hazardous, but come under the Ministry of Health and Care Services if they are hazardous to health). The Ministry of Justice and the Police is responsible for instruments relating to chemicals that are under pressure or are a fire or explosion hazard, and particularly the safety of third parties. This ministry is also responsible for the legislation on the transport of dangerous goods (including chemicals) by road and rail. The Ministry of Fisheries and Coastal Affairs is responsible for the state emergency response system for acute pollution. The Ministry of the Environment is responsible for regulatory measures relating to direct releases of hazardous substances, including releases from shipping.

This means that in special cases, assessments of the risks associated with particular chemicals may be carried out by different agencies depending on whether they pose risks to ordinary consumers, patients, workers, agricultural workers, employers or the natural environment. Because of the way responsibilities are split, the same substances may also be regulated differently in different products, and in some cases, health and environmental considerations are not taken fully into account. There is only limited expertise on the effects of the use of chemicals on health and the external environment, and this is split between several administrative agencies.

There have already been several reviews of the way the chemicals administration is organised. In 2001, Statskonsult carried out an analysis of the division of responsibilities and cooperation between agencies involved in chemicals management, and proposed ways of improving coordination. As a result, cooperation has been established on joint regulations, such as the Chemicals Labelling Regulations.

In addition, a cooperation forum on chemicals has been established, where the Ministry of the Environment, the Ministry of Labour and Social Inclusion, the Ministry of Health and Care Services, the Ministry of Justice and the Ministry of Agriculture and Food and their subordinate agencies are all represented. The forum was established in response to an investigation by the Office of the Auditor General of the authorities’ monitoring and control of hazardous chemicals, which concluded that it was necessary to strengthen coordination between the ministries and other agencies with responsibilities in this area. The Government will evaluate whether cooperation between the relevant ministries and directorates can be made even better and more effective.

The chemicals agencies also cooperate on participation and development of legislation in international forums such as EU expert and working groups. In addition to the development of legislation in the EU/EEA, the Norwegian authorities have to follow up various international agreements and programmes on hazardous chemicals to which Norway is a party. In the Government’s view, close contact between the different ministries and directorates on international efforts is particularly important. This ensures that Norway provides well-founded input and puts forward consistent views in initiatives for the development of effective rules in various forums. The agencies already cooperate on participation in various international forums and the views presented there. However, the Government believes that even better results can be achieved through closer cooperation, and will therefore strengthen cooperation on international issues relating to hazardous substances. This will require coordinated and broad-based efforts within Norway.

With the introduction of the new EU chemicals legislation, REACH, there will be an even greater need for consistent and coordinated management of chemicals in Norway.

The Strategic Approach to International Chemicals Management (SAICM) is an integrated approach to dealing with problems associated with chemicals in all sectors (including health, the working environment, food and agriculture), and will provide an effective overall framework for activities to improve control of the use of dangerous chemicals internationally. Under the SAICM, each country is expected to establish a national coordination forum. Norway’s cooperation forum on chemicals currently fulfils this function, and when the Government reviews the forum, it will particularly consider how Norway can best fulfil its international commitments.

Specific fields

At present, the Ministry of the Environment is responsible for all regulation relating to both health and environmental effects of chemicals where no separate regulatory measures have been laid down. Medicines, cosmetics, plant protection products and chemicals for occupational use are some types of uses or products that are separately regulated.

Cosmetics

Currently, the health authorities are responsible for ensuring that cosmetics do not have adverse effects on consumer health, while the environmental authorities are responsible for preventing environmental damage from the same products. The Norwegian Labour Inspection Authority is responsible for inspection and enforcement measures to prevent harmful exposure of hairdressers and other workers to cosmetic products they use for occupational purposes.

Norway’s key legislation for ensuring that cosmetic products do not represent a health risk for people or animals is the Cosmetics Act with appurtenant regulations. The Norwegian Food Safety Authority administers this legislation, which implements the EU Cosmetics Directive in Norwegian law. In addition to regulating the products that come within the scope of the Cosmetics Directive, the Norwegian Cosmetics Act also includes provisions on body care products for animals, tattooing products and other products intended for injection into the skin for cosmetic purposes, and external healthcare preparations that are used to prevent, alleviate or treat health problems that are not caused by disease. The cosmetics legislation thus applies to a wide range of products that are used in direct contact with the body for hygienic and health-related purposes. Under this legislation, it is prohibited to place any products that may represent a risk to human or animal health on the market.

The Product Control Act and appurtenant regulations, which are administered by the Norwegian Pollution Control Authority and the Directorate for Civil Protection and Emergency Planning, apply to all products that may result in injury to health or environmental disturbance. The Product Control Act provides the legal authority to prohibit or require the labelling of such products. However, since the legislation administered by the health authorities contains provisions designed to prevent direct injury to health from cosmetics, the environmental authorities are only responsible for preventing environmental damage from cosmetic products. Many chemicals have effects on both health and the environment. In certain cases, it can therefore be difficult to distinguish clearly between the health and environmental effects of cosmetic products. In some cases, a constituent of a cosmetic product may have adverse environmental effects, but is not harmful to a person using the product. Occupational exposure to cosmetic products can also cause problems. Exposure levels for hairdressers and other occupational groups who use such products in the course of their work are generally higher than for the general public. Thus, products that are not harmful to the ordinary consumer may be harmful when used for occupational purposes. In response to many cases of health problems among hairdressers as a result of exposure to hairdressing products, the Norwegian Labour Inspection Authority has carried out several inspection campaigns targeting hairdressing salons.

At European level, the directives that govern classification and labelling and risk assessment incorporate provisions on environmental considerations. These directives have been implemented in Norwegian legislation in the form of regulations under the Product Control Act. The EU legislation also deals with the health effects of chemicals. Protection of the environment will be improved with the new EU chemicals legislation, REACH. This is because it will require the registration of substances that are also used in cosmetic products, and manufacturers and importers will have to obtain information on environmentally hazardous substances and the risks associated with their use. The new legislation will thus directly affect which substances may be used in cosmetic products. The system of classification and labelling of health and environmental properties, which is being continued under REACH, is of crucial importance for communicating risks to consumers. However, cosmetic products are not labelled pursuant to this legislation, since the Cosmetics Directive is applicable.

Cosmetic products may contain substances that are also found in other consumer products, such as paints and cleaning products. Assessment of both health and environmental effects of other consumer products is the responsibility of the environmental authorities. Agencies in the health sector are also involved in evaluation of health effects. Risk assessments are carried out by the Norwegian Scientific Committee for Food Safety, while the overall evaluation of health and environmental considerations is carried out by the environmental authorities.

In the Government’s view, the regulation of hazardous substances in different product groups should be more uniform. This must primarily be achieved by influencing the development of EU legislation in these areas. To ensure that Norway can pursue an active European policy and influence the development of common European rules so that they incorporate health and environmental considerations as fully as possible, the Government considers it important to carry out uniform national evaluations of the health and environmental effects of substances that are used both in cosmetic products and in other consumer products. The positions Norway puts forward in different EU forums should be closely coordinated and agreed. Following these principles will make it more likely that provisions introduced on the grounds of a substance’s adverse health effects are as similar as possible, whether they apply to cosmetic products or to other consumer products.

There is already close cooperation between the competent authorities, but further steps should be considered to ensure that both health and environmental considerations are incorporated in the best possible way work on cosmetics. The subordinate agencies of the Ministry of the Environment, the Ministry of Health and Care Services and the Ministry of Labour and Social Inclusion (the Norwegian Pollution Control Authority, the Norwegian Food Safety Authority, the Norwegian Medicines Agency and the Norwegian Labour Inspection Authority) are starting to evaluate possible measures to ensure that assessments of hazardous substances in cosmetic products and in other consumer products are as consistent as possible. Cosmetic products also include health care products, and the evaluation will include other health care products, such as medicines and medical equipment. Ways of improving inspection and enforcement of the legislation will also be considered.

Medicines

Environmentally hazardous substances in medicines can spread to the environment in various ways, for example through municipal waste water systems. Studies have shown that a number of substances from medicines are present in the environment. The main source is probably the normal use of medicines by people and animals. The Norwegian Medicines Agency is responsible for authorisation of medicines in accordance with the regulations. Legislation on medicinal products has been incorporated into the EEA Agreement, so that Norway participates fully in European cooperation in this field, and Norwegian legislation has been harmonised with EU legislation. However, the Norwegian Pollution Control Authority is responsible for monitoring the state of the environment. This means that the health and environmental effects of substances that are found both in medicines and in other products are evaluated by different agencies. At present, there is little coordination of these processes.

The Government will consider whether there is a need to strengthen cooperation and coordination between different agencies in order to ensure that effective and consistent health and environmental assessments and risk reduction measures are used in the administration of medicines.

Biocidal products and plant protection products

In Norway, the main responsibility for legislation on the authorisation of biocidal products and plant protection products, two groups of products that in some cases contain the same active substances, lies with the Norwegian Pollution Control Authority and the Norwegian Food Safety Authority respectively. Under the regulations relating to biocidal products, substances must be evaluated with respect to effects on the working environment, health and the external environment, and the regulations were therefore laid down by the environmental and the working environment authorities pursuant both to the Product Control Act and to the Working Environment Act. The Ministry of Agriculture and Food has sole responsibility for the legislation on plant protection products.

Requirements for the documentation to be submitted for biocidal products and plant protection products are comprehensive and very similar, and similar expertise is also needed for management of these two product groups. Plant protection products and biocidal products can only be authorised if they do not cause unacceptable harm to people, livestock, animals and plants, biodiversity, or the environment otherwise.

The new regulatory and administrative framework for food production and food safety in Norway is based on an overall, risk-based farm-to-fork approach covering all factors relevant to food production. The Norwegian Food Safety Authority is the competent authority for processing of applications for authorisation of plant protection products. Risk assessments for these products are the responsibility of the Norwegian Scientific Committee for Food Safety, which is a subordinate agency of the Ministry of Health and Care Services, while the Norwegian Food Safety Authority is responsible for risk management.

The administrative procedures for biocidal products are somewhat different from those for plant protection products. The EU runs a review programme for active substances, and the Norwegian Pollution Control Authority is taking part in this. All final decisions on authorisation of active substances are taken by the EU. When the directive was implemented in Norwegian regulations, appropriate arrangements were agreed for cooperation between the relevant directorates. The working environment authorities (National Institute of Occupational Health) and the health authorities (Norwegian Institute of Public Health) are now involved in reviews of active substances.

Norway has been granted a derogation from implementation of the EU directive on plant protection products, but work done by the EU on these products is used as part of the basis for Norwegian evaluations, and the Norwegian Food Safety Authority follows the EU’s work closely. These differences mean that Norway’s work on biocidal products is currently more closely linked to EU rules, obligations and time limits than it’s work on plant protection products.

Administrative responsibility for assessment of biocidal products and plant protection products in the EU lies with the Directorates-General for Environment and for Health and Consumer Protection (DG Sanco), respectively. However, DG Environment is developing a thematic strategy on the sustainable use of pesticides. It is important for Norway to coordinate its participation in relevant forums in this field, and to benefit from international knowledge development in all areas relevant to chemicals management. The goal should be to ensure responsible use of plant protection products and biocidal products, so that food is safe to eat and unnecessary harmful exposure of people and the environment is prevented.

Cooperation between the Norwegian Food Safety Authority and the Norwegian Pollution Control Authority is well organised. However, they should cooperate more closely on monitoring the spread of all types of pesticides to the environment and on learning more about the risks associated with their use and the relationship between the use and release of these products and their presence in the environment. The Government therefore intends to strengthen cooperation and build up knowledge in this area; see also Chapter 6 on building up knowledge about chemicals.

The EU chemicals legislation

Norway will advocate a high level of protection for health and the environment in the development of EU chemicals legislation, and will play an active role in all relevant forums where decisions on chemicals management are made.

Chemicals legislation comes within the scope of the EEA Agreement, so that harmonisation of Norwegian legislation is generally required. Much of the framework for Norwegian chemicals legislation is thus determined in the EU, and this poses a special challenge to the development of effective chemicals management in Norway. Norway’s opportunities for influencing developments in this area lie in participation in EU expert groups and committees. To make its voice heard in the EU, Norway needs a high level of expertise, sound scientific arguments and agreed Norwegian positions. The same applies in negotiations on other international legislation.

Under the EEA Agreement, Norway shares EU chemicals legislation for all areas except plant protection products. New comprehensive chemicals legislation, the REACH regulation, is in the process of being adopted by the EU (see Chapter 5 for further details). One reason why a new policy is needed is that the current legislation permits the use and release of chemicals even though information on the long-term impacts on health and the environment is lacking for most substances. The current legislation has proved to be ineffective in providing information on the health and environmental effects of chemicals, and in identifying the risks associated with their use, handling and release. Stricter legislation can provide substantial benefits by providing better protection for the environment, consumers and workers.

The current basic chemicals legislation in the EU includes legislation on existing and new substances, on the classification and labelling of dangerous substances (the directives relating to substances and preparations), and on safety data sheets. Administrative responsibility for the Norwegian legislation implementing the EU rules is split between several bodies. The Norwegian Pollution Control Authority, the Norwegian Labour Inspection Authority, the Petroleum Safety Authority Norway and the Directorate for Civil Protection and Emergency Planning all have powers under the legislation on classification and labelling of chemicals. The Norwegian Pollution Control Authority and the Norwegian Labour Inspection Authority are responsible for the legislation on new substances and safety data sheets. The relevant regulations are laid down by the Ministry of the Environment and the Ministry of Labour and Social Inclusion.

REACH will replace the legislation on existing and new substances and on safety data sheets. The legislation on classification and labelling will probably be retained separately, but will be closely linked to a number of provisions in REACH. This legislation determines how substances are to be classified according to their hazardous properties and how they are to be labelled when they form constituents of chemical products. The classification of a substance also determines how it may be used. The adoption of REACH will probably not entail changes in the working environment legislation, or in legislation applying to fire and explosion hazards. Environmental assessments of cosmetic products will come within the scope of REACH, but the Cosmetics Directive, which is intended to prevent injury to health caused by cosmetic products, will not be affected (see above).

REACH will give industry a clearer responsibility for obtaining information on and classifying chemicals, while the authorities will have more responsibility for laying down the underlying requirements for testing and risk assessment, for quality assurance and evaluation of data, and for taking steps to restrict and phase out the most dangerous substances. The EU considers it important to ensure effective management of the new legislation at Community level. The European Chemicals Agency is therefore being set up to manage the registration, evaluation, authorisation and restriction processes and to coordinate a network of competent authorities, one to be designated by each member state.

With the introduction of REACH, it will be even more important to improve the efficiency of chemicals management in Norway. REACH will be part of the basis for chemicals management, since identification of the hazardous properties of chemicals and the risks associated with their use and identification of substances with unacceptable properties will all take place within the framework of REACH. This is work of fundamental importance that will be used as a basis for implementing measures in different administrative fields.

The Norwegian Pollution Control Authority has been designated as Norway’s competent authority and responsible for implementing REACH at national level. The classification and labelling directives will be retained as separate legislation, but will be closely linked to the provisions of REACH. The classification and labelling rules will also be amended in accordance with the new Globally Harmonized System of Classification and Labelling of Chemicals (GHS), see Chapter 4. The Government will assess the consequences of transferring responsibility for the health and environmental aspects of these directives to the competent authority for administering REACH in Norway, so that one Norwegian authority has sole responsibility for all the basic chemicals legislation. This would be similar to the system that already exists in Sweden and Denmark. Transferring the responsibility for classification of physico-chemical hazards will not be considered.

For Norway, the main elements of work on the basic chemicals legislation involve working directly with the EU in working groups and in the new European Chemicals Agency, implementing national legislation, interpreting the legislation, and inspection and enforcement. The Norwegian Pollution Control Authority is responsible for coordinating Norway’s implementation of the current EU chemicals legislation, and cooperates extensively with other relevant authorities that are involved in the process and responsible for inspection and enforcement within their areas of responsibility.

In 2001, an interministerial group reviewed the distribution of responsibilities and cooperation between agencies involved in chemicals management, and recommended closer consideration of whether to give one agency sole responsibility for the rules on classification and labelling. The consequences of this will be evaluated in a project involving the relevant authorities and as part of the preparations for the introduction of REACH. To ensure that the project provides a sound basis for any decisions to transfer responsibilities, it will include a review of current roles, responsibilities and tasks in this field and the consequences and advantages of reorganisation. This work will not affect the inspection and enforcement activities of the different agencies. Each agency will continue to be responsible for ensuring compliance with the legislation within its own sphere of responsibility, as is the case today.

The Product Register

Under REACH, there will be comprehensive requirements for registration of chemicals with the European Chemicals Agency. To avoid double registration and ensure efficient use of data, Norway will evaluate the rules for declaration to the Product Register in connection with the introduction of REACH. However, the Product Register holds information on the chemical composition of products, which will not be included in registration under REACH, and which is important in chemicals management. It will be important to simplify routines and ensure good communication between the Product Register and the European Chemicals Agency register. The current levels of security and data quality must be maintained. It will therefore be appropriate to integrate the Product Register into the Norwegian Pollution Control Authority when REACH is introduced, to ensure that national requirements are maintained and that data are used effectively.

The expertise available in the Product Register and the Norwegian Pollution Control Authority can be more fully used if the two agencies are merged. Integrating the Product Register’s expertise in registering and systematising data with the Norwegian Pollution Control Authority’s expertise in evaluating the health and environmental risks associated with chemicals will provide a better basis for comprehensive analyses and for providing the general public with information on chemicals. This will provide a better basis for efforts by all users of chemicals. The authorities will encourage wider use of interdisciplinary analyses in joint projects.

The Product Register plays an important role in the implementation of the EU Biocidal Products Directive in Norway, among other things because all such products must be declared to the Product Register. Registration and authorisation of biocidal products can be made more effective by merging the Product Register and the Norwegian Pollution Control Authority.

The Product Register is also an important instrument for the working environment authorities. It plays a crucial role in ensuring that supervisory authorities and workers receive necessary information on hazardous substances that are used in business and industry. When the two agencies are merged, it will therefore be important to ensure that the Product Register does not give less priority to substances that are primarily a problem during occupational use. Steps will therefore be taken to maintain the focus on these substances.

The merger will give the Product Register better access to the wide range of expertise available within the Norwegian Pollution Control Authority. It will also put the authorities in a better position to assist occupational groups who are at risk from chemicals. The important cooperation between the Product Register and other bodies (particularly those that used to be represented on the board of the Product Register) must also be continued. After the merger, the Product Register will have a prominent position in the Norwegian Pollution Control Authority, so that both industry and the authorities will recognise where to find the expertise they need. The Government will establish an advisory committee for the Product Register, with representatives of the authorities and other parties concerned. The committee will be responsible for safeguarding user interests and continuing the important cooperation between the Product Register and other bodies. The Product Register has drawn up a proposal for the mandate and composition of the advisory committee, which is now being considered. In addition, formal cooperation agreements will be drawn up in certain areas to deal with the areas of responsibility of the working environment and other relevant authorities. Furthermore new routines will be drawn up to ensure a satisfactory flow of information between administrative agencies and between the authorities and the social partners.

11.2 Strengthening the inspection and enforcement regime

The Government will

• control compliance with all new legislation within the sphere of responsibility of the environmental authorities within two years of its entry into force

• intensify inspection and enforcement, giving special priority to

  • strengthening controls in areas where there are unilateral Norwegian rules

  • carrying out more inspection campaigns for selected product groups

  • intensifying inspection of small and medium-sized enterprises that release hazardous substances to the environment

  • increasing the number of inspection campaigns targeting small and medium-sized enterprises where workers are exposed to harmful substances

  • intensifying controls of imported products from countries without rules corresponding to EU/EEA legislation

  • playing an active role in efforts to strengthen international inspection and enforcement activities

  • strengthening border controls in cooperation with the customs authorities and further strengthening cooperation with other supervisory authorities and the Norwegian Consumer Council

• carry out special inspections of compliance with requirements relating to the use and releases of chemicals and with requirements relating to handling of chemicals in the event of accidents at small and medium-sized enterprises

• carry out special inspections of enterprises that use hazardous substances as auxiliary materials in production and that generally have little knowledge of the effects of chemicals in the event of accidents

• in the working environment field, give priority to inspection of steps taken by enterprises to prevent injury to health from occupational exposure to chemicals, both onshore and in the petroleum industry offshore

• focus particularly on importers and distributors of chemical products and articles, and apply stricter sanctions if they are found to have breached the law

• strengthen inspection of enterprises where hazardous chemicals are present in such quantities that they may cause major accidents.

11.2.1 Current status

Several supervisory authorities are involved in inspection and enforcement relating to chemicals. Releases of hazardous substances to the environment and chemicals in products are the responsibility of the Norwegian Pollution Control Authority and the offices of the county governors unless otherwise determined by special legislation. Special legislation has been adopted for medicines, cosmetic products and pesticides, and for chemicals used for occupational purposes. The Norwegian Labour Inspection Authority is the competent authority when chemicals that are hazardous to health are used in the working environment, and the Petroleum Safety Authority Norway, is both a working environment authority and the safety authority on the Norwegian continental shelf and for certain onshore petroleum installations and pipeline systems. The Norwegian Food Safety Authority, the Norwegian Medicines Agency and the Norwegian Board of Health Supervision are the competent authorities for medicines, cosmetic products for people and animals, medical equipment, drinking water and chemical residues in food. The Food Safety Authority is also responsible for pesticides, veterinary products, feedingstuffs, fertilisers and food packaging. The purpose of the Food Act is both to ensure that food is safe and wholesome and to promote health concerns, and both elements are for example relevant in the case of pesticides. The Food Safety Authority, the Medicines Agency and the Board of Health Supervision are responsible only for the safety of other product categories with respect to health. See section 11.1 for more details.

The responsibilities of the Directorate for Civil Protection and Emergency Planning include all handling of chemicals that represent a fire or explosion hazard, with a particular focus on safety for the surroundings and third persons. The Directorate is also the competent authority for all transport of dangerous goods by road and rail. Furthermore, it is responsible for cross-sectoral coordination focusing on major accidents and emergencies for which the public sector is responsible for maintaining an emergency response. The Norwegian Industrial Safety and Security Organisation is responsible for inspection of emergency response systems in enterprises that have more than 40 employees and handle dangerous chemicals.

Cooperation between the supervisory authorities that are responsible for administration of the regulations relating to systematic health, environmental and safety activities in enterprises (Norwegian Pollution Control Authority, Norwegian Labour Inspection Authority, Directorate for Civil Protection and Emergency Planning, Norwegian Industrial Safety and Security Organisation and Petroleum Safety Authority Norway) has been formalised. There is also close cooperation between these agencies and others that are not competent authorities under these regulations, such as the Norwegian Food Safety Authority and the Norwegian Medicines Agency.

Inspection and enforcement activities have proved to be an effective instrument. For products in particular, contravention of the legislation is often not revealed until the authorities carry out controls.

Inspection and enforcement by the Norwegian Pollution Control Authority and the offices of the county governors

The Pollution Control Authority and the offices of the county governors target imports and sales of products and chemicals, production activities, measures to prevent the spread of pollution from polluted soil and sediments, and various types of waste management. In recent years, priority has been given to inspection of smaller enterprises that do not have discharge permits under the Pollution Control Act, for examples importers and distributors of articles, engineering firms, construction firms and firms that collect and treat hazardous waste. An effective inspection and enforcement system should be risk-based, so that the focus when planning activities and setting priorities is on the areas where there is most risk of health or environmental damage. One goal in all the areas mentioned above is to prevent releases and dispersal of those hazardous substances for which the authorities have set official targets, either for the reduction of releases or for phasing out their use.

A systematic, risk-based inspection and enforcement regime has helped to reduce releases of hazardous substances. However, experience indicates that firms still lack information on and risk assessments for the chemicals and auxiliary substances they use. Firms that hold discharge permits from the Norwegian Pollution Control Authority are inspected regularly. They are divided into four control classes, and the frequency of inspections is determined by the level of the risk of pollution.

Source Norwegian Pollution Control Authority

The introduction of further requirements in regulations pursuant to the Pollution Control Act will further increase the need for inspection and enforcement activities: for more information, see Chapter 7.2.

The Norwegian Pollution Control Authority is also the supervisory authority for the Product Control Act and appurtenant regulations. Inspections in recent years have particularly revealed breaches of the legislation on the content of hazardous substances in articles. They have also shown that many importers of chemicals are not familiar with the legislation and do not comply with the requirements for declaration to the Product Register, or do not label chemicals satisfactorily. In 2005, inspections of importers of chemicals resulted in eight products being withdrawn from the market. Non-compliance with the legislation is particularly widespread among small and medium-sized enterprises.

Nationwide inspection campaigns have proved to be a very useful tool for reaching many of the firms that import, market and use articles containing hazardous substances and firms that collect and handle hazardous waste. The Pollution Control Authority has been responsible for planning, implementing and reporting on these campaigns, while the offices of the county governors have carried out most of the inspections and followed up the results locally. Such campaigns are repeated annually or every few years. Some have already been repeated, so that it is possible to look at trends over time. For example, nationwide campaigns against CCA-treated timber were carried out in 2003 and 2004, involving about 650 inspections in all. The campaigns included notification of inspection, inspections, analyses and information to the industry and the media. As a result of the focus on the problem and the close dialogue with the large firms in this industry, the campaigns removed illegal CCA-impregnated timber from the market.

Source Norwegian Pollution Control Authority

Systematic inspection and enforcement activities over a long period generally reduce the sales and use of products containing the prohibited substances that have been targeted. This has for example happened after inspection campaigns over several years targeting products containing PCBs, impregnated products containing chromium and arsenic, and products intended for small children that contain phthalates.

Inspection and enforcement by the Norwegian Labour Inspection Authority

The primary objectives of the Labour Inspection Authority are to prevent injury to health and promote an inclusive working life. The Authority’s inspection activities are risk-based, focusing on those risk factors in the working environment that involve the greatest risk of injury to health and exclusion from the labour market. Hazardous exposure to chemicals is one of the Authority’s priorities.

The working environment authorities have two functions as regards chemicals. One is to ensure that employers meet their obligations to protect employees against harmful exposure to chemicals. The other is to follow up the legislation on classification and labelling and on safety data sheets for chemicals used for occupational purposes. The chemicals legislation for which the Labour Inspection Authority is responsible has largely also been made applicable within the Petroleum Safety Authority’s area of authority.

Employers have the primary responsibility for protecting workers against harmful exposure to chemicals and for compliance with the legislation. The Labour Inspection Authority’s role as regards chemicals, wherever they are used for occupational purposes, is to oversee compliance with the relevant parts of the working environment legislation. The Authority supervises all activities that may result in harmful exposure to chemicals in the working environment, including production, use, storage and destruction.

Textbox 11.1 Inspection campaigns to eliminate PCB releases

Inspections of the PCB content of ballasts in old light fittings and discarded insulating double-glazed windows are an important means of preventing PCB releases. As a general rule, ballasts containing PCBs should not have been in use after 1 January 2005, or at the latest 1 January 2008 if certain conditions were met. Plans for phasing out their use should have been in place before the deadline. An inspection campaign in 2005 showed that only half of the firms inspected had complied with these requirements. One in four firms had taken no steps to phase out the use of ballasts containing PCBs. Moreover, one quarter of the glaziers inspected were not complying with the rules for dealing with discarded windows, and a third of them were operating as «free riders» in the take-back scheme. The first inspection campaign was in 2004, and it is being repeated every year until 2007. Projections indicate that the high level of demolition, renovation and construction activities in Norway will continue in the next few years. This means that products containing PCBs will be phased out rapidly. Experience indicates that some of the waste containing PCBs will not be dealt with through approved channels.

Source Norwegian Pollution Control Authority

The environmental authorities are therefore carrying out systematic inspection campaigns, providing more information and applying stricter sanctions. Experience shows that firms that are already complying with the legislation wish the authorities to step up their inspection and enforcement activities to maintain equal conditions of competition. The inspection campaigns have resulted in the collection of larger quantities of products containing PCBs.

Between 2003 and 2006, the Labour Inspection Authority conducted a national inspection campaign against hazardous exposure to chemicals, focusing on selected industries.

So far, the results show that 75 % of the firms are not systematic in their approach to chemicals and their use, and have not carried out risk assessments of exposure to chemicals in the workplace. Of the firms that have carried out risk assessments, well under half have included objective measurements of exposure. Results are poorest in small and medium-sized enterprises. Recently, the Labour Inspection Authority has also given priority to chemicals management in branches such as hairdressing, sewage treatment and health care, where workers are exposed to chemicals, and found that 15 % of the firms that had carried out an evaluation had also held staff training and drawn up training plans for handling of chemicals.

The Labour Inspection Authority is responsible for coordinating inspection and enforcement in the health, safety and environment field for all land-based industry except onshore facilities in the petroleum industry. This responsibility applies to the supervisory authorities under the health, safety and environment regulations, i.e. the Labour Inspection Authority itself, the Norwegian Pollution Control Authority, the Norwegian Industrial Safety and Security Organisation, the Directorate for Civil Protection and Emergency Planning and the Norwegian Radiation Protection Authority. In addition, it applies to the Norwegian Board of Health as the supervisory authority for the Gene Technology Act. Coordination is intended to ensure that all the agencies act effectively and consistently, prevent contradictory decisions or decisions that an overall assessment suggests would have undesirable effects, and avoid unnecessary double reporting.

The Labour Inspection Authority is responsible for coordination at both central and local level, including guidelines on inspection and enforcement, joint training of staff, an inspection database, inspection campaigns, a joint website and a joint working group on legislation.

Since the Working Environment Act defines substances that are hazardous to health very broadly, the Labour Inspection Authority also cooperates with the Norwegian Food Safety Authority (including the veterinary authorities) on control of the use of such substances by the aquaculture industry and in pesticides and in cosmetics used by hairdressers, with the Norwegian Medicines Agency as regards exposure to medicines, for example chemotherapy drugs, and with the health authorities as regards for example exposure to acrylates in connection with dental treatment.

Inspection and enforcement by the Petroleum Safety Authority Norway

Chemicals are an important area of responsibility for the Petroleum Safety Authority, and one that is given high priority. The Authority is responsible for coordinating inspection and enforcement in the offshore petroleum industry, and has developed complete health, safety and environment legislation together with the Norwegian Pollution Control Authority and the Norwegian Board of Health. Experience of carrying out joint inspections of integrated chemicals management with the Norwegian Pollution Control Authority has been positive. As the safety authority, the Petroleum Safety Authority is responsible for enforcing technical and safety management requirements designed to prevent releases of chemicals, including oil and gas, to the external environment, and uses substantial resources on this task. The Petroleum Safety Authority is also responsible for ensuring compliance with the regulations relating to major accident hazards on the Norwegian continental shelf and for certain onshore petroleum installations and pipelines. See also Chapter 7.3 and Chapter 8.

Inspection and enforcement by the Norwegian Food Safety Authority

The work of the Norwegian Food Safety Authority is based on the principle that an inspection and enforcement system should be effective and clearly targeted. The Authority runs an extensive inspection and enforcement regime under the Food Act, the Prevention of Cruelty to Animals Act, the Act relating to veterinary surgeons and other veterinary personnel, and the Cosmetics Act. This involves a wide variety of activities. For example, the Authority inspects the use of medicines for animals by veterinary personnel. Product-related inspection and enforcement activities deal with the presence and regulated use of chemical substances in food, drinking water, packaging for food, fodder and cosmetic products. There are also checks on use and sales. Other activities target production. For a number of products, inspection and enforcement activities focus on labelling and the use of substances as constituents in products, and also to some extent on whether correct information is provided during marketing. Control of possible microbial contamination is important for example with respect to cosmetic products. In 2005 Norway introduced provisions to improve animal welfare in its cosmetics legislation. As a result, the Norwegian Food Safety Authority is now responsible for ensuring that goods that have been tested on animals are not placed on the market if alternative test methods are available. In addition to cosmetic products that are regulated by EU legislation, the Norwegian Cosmetics Act also applies to skin injection products for cosmetic purposes, products to alleviate health problems that are not caused by disease, and body care products for animals. Regulations have been drawn up relating to these products, and the Food Safety Authority is responsible for their enforcement as well.

The Food Safety Authority also runs monitoring programmes for plant protection products, food packaging, foreign substances (including residues of medicines), additives and cosmetic products.

Inspection and enforcement by the Directorate for Civil Protection and Emergency Planning

Establishments that are required by the regulations relating to major-accident hazards to produce safety reports (85 in all) are inspected annually by one of the five supervisory authorities for the regulations. This alone represents a minimum of one to one and a half man-years of work. The responsibilities of the Directorate for Civil Protection and Emergency Planning include chemicals that represent a fire or explosion hazard and the transport of dangerous goods, and inspection and enforcement activities and preventive work in this field account for about 35 man-years. In addition, the municipal fire services carry out inspections.

The Directorate uses substantial resources in inspection and enforcement relating to enterprises that use hazardous chemicals, by means of inspection, preventive work such as information and advice, and reviews and surveys and development of legislation work. The Directorate gives very high priority to supervision of preventive measures by firms related to the safety of surrounding areas and third parties. This work also has indirect and direct environmental benefits. Another area of growing importance is how controls on land use in areas around such firms are enforced, both by enterprises themselves and by municipalities through their zoning plans. In addition, the Directorate for Civil Protection and Emergency Planning has put considerable effort into surveying transport patterns for dangerous chemicals, in order to put society in a better position to deal with the safety, preparedness and environmental challenges associated with such transport. The Directorate also cooperates extensively with other authorities (the police, the public road authorities and the customs authorities) to ensure that there is satisfactory management and control of transport of dangerous chemicals.

Inspection and enforcement by the Norwegian Industrial Safety and Security Organisation

The Norwegian Industrial Safety and Security Organisation provides guidelines on the organisation of industrial enterprises’ own emergency response systems for chemicals. These apply to enterprises that have carried out a risk analysis and determined that they need an emergency response system. In all, 187 large industrial enterprises are required to maintain emergency response systems to deal with accidents involving dangerous chemicals. Emergency response capabilities must be appropriately dimensioned on the basis of the risks identified. Systems include personnel who have received training and taken part in exercises, and the appropriate equipment to deal with incidents on-site at the enterprise. The internal emergency response is coordinated with the local public-sector systems and must comply fully with statutory requirements for the emergency response to acute pollution laid down by other authorities. The Industrial Safety and Security Organisation uses about seven man-years on inspection and enforcement relating to the emergency response systems that particular enterprises are required to maintain under the Civil Defence Act.

Large industrial enterprises are focusing more on the emergency response for dealing with chemical pollution. The Norwegian Industrial Safety and Security Organisation has established a training scheme for chemical diving in this connection system. However, the Organisation considers that inspection and enforcement activities targeting small and medium-sized enterprises should be expanded.

11.2.2 Expanding the inspection and enforcement regime

Chemicals-related inspection and enforcement involves a number of different agencies, which are responsible for different types of activities and enterprises. Cases of non-compliance with the legislation on hazardous substances are frequently revealed. An effective inspection and enforcement regime is needed to ensure safe, legal handling of chemicals and prevent illegal releases and accidents, thus protecting health and the environment. Highest priority must be given to ensuring compliance with the legislation of greatest importance for health, safety and the environment.

A complete, systematic, risk- and goal-based inspection and enforcement regime

Inspection and enforcement activities will continue to focus on releases of and exposure to hazardous substances from land-based and offshore production, waste, contaminated soil and sediments and, not least, products. The many small sources of pollution that spread hazardous substances to the external environment and the working environment will continue to receive priority.

To ensure general compliance with new legislation, controls at all stages of the chain of distribution are important. The Government therefore intends to control compliance with all new legislation within the sphere of responsibility of the environmental authorities within two years of its entry into force.

The introduction of the new EU chemicals legislation REACH will entail major new tasks. The Norwegian Pollution Control Authority, as Norway’s competent authority, will play an important part in cooperation on REACH and this will require additional resources. It will be necessary to establish appropriate routines for inspection and enforcement that take account of both national and international requirements and goals. The Pollution Control Authority will also play a central coordinating role vis-à-vis the future European Forum for Exchange of Information on Enforcement that is to be established under REACH. The Government will also play an active part in activities planned under the Strategic Approach to International Chemicals Management (SAICM) and the international conventions on hazardous chemicals and hazardous waste in order to strengthen inspection and enforcement.

Inspection campaigns have been found to give satisfactory results, and these activities should therefore be continued and expanded. The close cooperation that has been established between the county governors’ offices and the Norwegian Pollution Control Authority will be further developed, as will cooperation between the supervisory authorities for the regulations relating to systematic health, safety and environmental activities in enterprises. One goal for inspection and enforcement relating to products and chemicals is to ensure more systematic and risk-based follow-up of importers, in order to ensure learning and compliance with the legislation where this is needed most. This can be achieved within the framework of a coordinated inspection and enforcement regime.

The Government will systematically seek to integrate the county governors’ offices more closely into the inspection and enforcement regime for products, substances and preparations, as has been done under the Pollution Control Act up till now. This has required careful consideration of the division of responsibilities according to the type of legislation involved, the expertise available and the firms to be controlled. In the light of this, and to improve the efficiency of inspection and enforcement, the authority of the county governors’ offices will from the beginning of 2007 be extended so that they can also control compliance with the provisions of the Product Control Act and relevant regulations laid down by the environmental authorities. The county governors’ offices will thus be able to carry out all inspection and enforcement activities for individual firms.

Photo: Marianne Otterdahl-Jensen

Experience has shown that it is particularly small and medium-sized enterprises, including importers and distributors, that fail to comply with the legislation. An important task is therefore to ensure that these actors make more systematic efforts to comply with the environmental legislation. If this does not happen, the authorities will intensify advice and supervision. The main focus will be on actors at the first stage in the chain of distribution, such as importers and manufacturers, in order to prevent further use and spread of dangerous chemicals and products. In future, the inspection and enforcement regime for products and chemicals will be even more systematic and risk based, and inspections will be carried out regularly, as has been done for firms that hold discharge permits under the Pollution Control Act. Firms will be followed up closely and systematically, to ensure that they build up considerably more knowledge of the legislation and improve levels of compliance. The Norwegian Customs and Excise Authority has a great deal of information on importers, the types of products and quantities imported, and countries of origin, and is therefore an important partner in this context. This type of information is very important when determining which firms should be inspected.

A joint supervisory group has already been established to coordinate the work of the supervisory authorities in the field of health, environment and safety (Norwegian Pollution Control Authority, Norwegian Labour Inspection Authority, Directorate for Civil Protection and Emergency Planning and Petroleum Safety Authority Norway), and the Norwegian Board of Health Supervision and the Norwegian Food Safety Authority also participate regularly at its meetings. The group’s tasks are to coordinate procedures and inspection and enforcement activities, and a joint inspection database is a key element in this cooperation. The group is headed by the Norwegian Labour Inspection Authority. The Government intends to continue the close cooperation that has been established between these agencies at national level, for example with joint inspection campaigns at regional and national level. To make the inspection and enforcement system more effective and clearly goal-based, steps will be taken to draw other relevant administrative agencies and institutions in the chemicals field into this work. This will involve the establishment of cooperation with other bodies such as the Consumer Council of Norway, Statistics Norway and the Norwegian Customs and Excise Authority. Cooperation with the customs authority is particularly important as a means of stopping exports and imports of prohibited chemicals as quickly as possible. In this context, close cooperation and, if appropriate, joint action with supervisory and customs authorities in other countries is also important.

The Government wishes to establish suitable indicators of the effectiveness of different types of inspection and enforcement. A good deal of work has been done on this internationally, but no good solution has been found. It is difficult to separate the effects of inspection and enforcement activities from those of other instruments that are used at the same time. To measure what effect inspection has in smaller firms, the Norwegian Pollution Control Authority and the county governors’ offices will carry out repeated inspection campaigns at regular intervals over several years. This will make it possible to see whether compliance with the legislation improves over time. If it does not, this will be an indication that inspection and enforcement by the authorities, including the advice they provide, are inadequate, and that these activities should be expanded. Repeated inspection campaigns to prevent imports and sales of CCA-treated timber (see figure 11.3) have resulted in a much higher level of compliance with the legislation. Inspections of compliance with the regulations relating to major-accident hazards have been repeated at the same establishments for the past three years, and this has given the supervisory authorities a clear picture of the level of compliance and how this is changing. There has been a considerable improvement in the extent to which firms comply with the principle of the right to information by providing information to the public.

Product-related inspection and enforcement

The Government will further develop inspection and enforcement activities as a means of reducing illegal and irresponsible use of hazardous substances where compliance with the legislation is particularly important for public health and the environment. Stricter regulation of chemicals and products intended for use by ordinary consumers will increase the need for inspection and control further. In the Government’s view, inspection campaigns targeting specific product groups are particularly effective, and campaigns targeting these categories of articles will therefore be carried out:

• electrical and electronic equipment

• toys

• plastics

• textiles

• products containing PCBs

• building materials.

Cooperation between the relevant authorities is important in this context. There is already cooperation between the Norwegian Pollution Control Authority and the Directorate for Civil Protection and Emergency Planning as regards electrical and electronic equipment and products containing PCBs, and this will be continued.

The Government will also intensify controls of chemicals in consumer products. Moreover, inspection of importers of chemicals will be intensified, focusing on topics such as classification and labelling, declaration to the Product Register and the use of illegal substances and products. Inspection and enforcement by the environmental authorities will focus particularly on importers of consumer products.

Inspection and enforcement by the Norwegian Labour Inspection Authority in this field targets producers, importers and distributors of chemicals. Establishments that produce, import and/or place chemicals that carry warning labelling on the market in quantities exceeding 100 kg per year are required to declare them to the Product Register. The inspection and enforcement regime for producers, importers and distributors of chemicals for occupational use will be systematic and risk based, and will include written reporting by firms, on-site inspections and audits, and also activities such as unannounced inspections and inspection campaigns.

The relevant supervisory authorities will be required to cooperate and coordinate their activities in order to optimise the use of resources and performance.

Furthermore, the Government will ensure that consumers are provided with more information in connection with controls of consumer products. A single web portal is planned for all the supervisory authorities to make information on dangerous products that have been found in the EU and Norway more accessible. Information on illegal consumer products that are on the market and other information that can help consumers to make environmentally sound choices will be available here.

The Government will also intensify inspection and enforcement in areas where Norway has different rules from the EU. In these areas, there is even less reason to be confident that products imported to Norway comply with the legislation. In addition, there are special problems with respect to products imported from outside the EU, and inspection and enforcement should target these products in particular.

Inspection and enforcement related to industrial processes

The Government intends the inspection and enforcement regime to contribute to implementation of its chemicals policy. For enterprises that hold discharge permits, important issues will be compliance with the duty to apply the substitution principle and the duty of care, the content of hazardous substances in raw materials and production chemicals, the handling of hazardous substances, safety data sheets, the delivery of hazardous waste and satisfactory internal control systems.

For enterprises that do not hold discharge permits, the Government will ensure that inspection and enforcement focus particularly on compliance with the requirement to maintain an internal control system, the use of prohibited and dangerous substances, handling and delivery of hazardous waste by small enterprises, municipal and private facilities for hazardous waste and final disposal of hazardous waste. Such activities are generally organised in the form of national and regional inspection campaigns in cooperation between the Norwegian Pollution Control Authority and the county governors’ offices. The pollution control authorities will follow up the work done in 2006, which has focused on municipal and private facilities for hazardous waste, the use of chemicals and handling of hazardous waste in smaller manufacturing firms and repair shops, delivery and handling of discarded windows containing PCBs, steps to phase out light fittings containing PCBs, and shipyards.

One of the tasks of the Directorate for Civil Protection and Emergency Planning within inspection and enforcement is to promote systematic, integrated health, environmental and safety activities at major-accident hazard establishments so that they maintain adequate safety standards.

Another of the Directorate’s tasks is to ensure that industrial establishments that handle dangerous substances give priority to security measures to ensure that such substances are not accessible for use by persons with malicious intent. The Directorate will focus particularly on establishments where releases of dangerous substances could have major impacts on the surrounding population, and especially those where there is insufficient security and safety awareness.

The Government will continue its systematic efforts vis-à-vis the industrial sector by laying down requirements for firms to obtain information, carry out risk assessment and apply the substitution principle to process chemicals. Moreover, inspections carried out by the county governors’ offices as part of a system of inspection campaigns organised by the Norwegian Pollution Control Authority will be continued and further developed, and cooperation will be expanded to include other supervisory authorities.

Greater emphasis on international cooperation on inspection and enforcement

Norway imports a large proportion of the chemicals and products it uses, and condition on the Norwegian chemical market therefore reflect those on the international market. Norway’s chemicals legislation is largely harmonised with EU legislation. As discussed earlier, it will be important to strengthen international cooperation on inspection and enforcement under the new EU chemicals legislation, REACH. Norway is also bound by international conventions that make it necessary to have a common understanding of the legislation.

Norway is already playing an active part in Nordic and European cooperation on inspection and enforcement. For example, Norway is a member of the Chemical Legislation European Enforcement Network (CLEEN), an informal organisation that organises and carries out European enforcement projects. The aim is to control compliance with EU/EEA legislation on hazardous substances. Some of the topics that have been dealt with in recent years are enforcement of the legislation on classification and labelling of chemical substances and products, safety data sheets, the cadmium content of products, the use of ozone-depleting substances, the content of azo colorants in products, and sales of chemicals via the Internet.

The European Union Network for the Implementation and Enforcement of Environmental Law is an informal network for the whole EEA, which focuses particularly on implementation of the Directive concerning integrated pollution prevention and control (the IPPC Directive) and the directives on waste management. Norway participates in the IMPEL Network on an equal footing with EU member states, and thus has the opportunity to influence European inspection and enforcement efforts and obtain information on developments in inspection and enforcement systems relating to pollution in EU member states, and their priorities. The Government will therefore give priority to this work.

The Directorate for Civil Protection and Emergency Planning is taking part in cooperation under the auspices of the EU on information exchange and development and harmonisation of inspection and enforcement activities relating to major accident hazard establishments.

The chemicals legislation is complicated, and expert knowledge is needed to ensure proper enforcement. The Government will therefore facilitate competence building at all administrative levels. It is important to establish appropriate working methods for a future inspection and enforcement regime, that will satisfy both national and international requirements and goals. In addition, it is important to ensure that interpretation and enforcement are as uniform as possible in the different EU and EFTA countries. The Government therefore wishes the Norwegian authorities to play an active role in the Nordic and European inspection and enforcement networks.

11.2.3 Stricter sanctions for non-compliance

If inspections reveal breaches of the legislation, it is important to give a clear message that the situation must be rectified. This is necessary to ensure compliance with requirements that are introduced. However, in serious cases involving releases of hazardous substances, it is not enough to make a firm aware of its duty to put matters right. Sanctions are needed, and there must be a price for breaches of rules that have been laid down to protect health and the environment.

The supervisory authorities reveal a large number of cases of non-compliance every year. Most of these are minor contraventions, and are quickly corrected by the firms in question. The normal sanction in these cases is for the supervisory authority to issue an order, which may be supplemented by a coercive fine that is effective from a specified time limit and until the situation has been rectified. A coercive fine may also be payable each time contravention takes place. Coercive fines are intended to put further pressure on firms to rectify the situation by a specified time limit. The amount of the fine is large enough that it does not pay to allow the illegal situation to continue, and in certain cases it may be as high as several million NOK. In most cases, firms do take action once they have been notified that a coercive fine will be imposed. The Government considers this to be a very effective instrument, which will be widely used in future as well.

Source Norwegian Pollution Control Authority

The most serious cases are reported to the police. This is primarily considered in cases where there has been serious contravention of an act, regulations or a permit, unacceptable conduct on the part of the firm, or a serious environmental impact or the possibility of one. It is also a suitable response if the same firm is repeatedly found to have breached the law. Penalties are a strong deterrent, and the practice followed by the pollution control authorities is in accordance with the recommendations of the National Authority for Investigation and Prosecution of Economic and Environmental Crime in Norway. Once firms involved in waste management, polluting activities or production are aware that contravention will be reported, the level of compliance improves. However, relatively few cases involving products have been reported to the police so far. It is therefore important that the police and prosecuting authority also become more familiar with the legislation on products and chemicals. As regards explosives, there has been a large increase in the number of cases reported to the police by the Directorate for Civil Protection and Emergency Planning because the rules on safe storage have been contravened.

It is important to improve compliance with the legislation in order to reduce sales and use of illegal hazardous substances. Now that repeated inspection campaigns have been carried out in a number of sectors, the Government intends that stricter sanctions will be applied if firms persist in non-compliance with provisions of particular importance for avoiding adverse impacts on health and the environment. Both coercive fines and reporting to the police will therefore be more widely used. Administrative sanctions in the form of fines may also be considered to be an effective instrument in the future.

In addition to these sanctions, the working environment authorities can order operations at an establishment to be stopped if the firm fails to comply with orders issued pursuant to the Working Environment Act within the specified time limit, or if there is an immediate risk to workers’ life and health. The pollution control authorities also have the power to order an establishment to stop part or all of its operations if its releases of pollutants are higher than specified in its discharge permit. Closure of operations can have major consequences for a firm, and is often felt to be a more serious step than being reported to the police. It is therefore only used in special cases. The Fire and Explosion Prevention Act also authorises the closure of operations if there has been an accident or a risk of a serious accident. In the past two years, higher fines have been imposed after serious breaches of provisions in the fire and explosion legislation relating to the safety of third parties.

Table 11.1 shows an overview of product-related inspection and enforcement by the Norwegian Labour Inspection Authority in the period 1999 – 2005. This targets warning labelling, safety data sheets and declaration of chemicals for occupational use to the Product Register. Most cases of non-compliance involve breaches of the rules on safety data sheets. Figure 11.7 shows sanctions implemented against employers by the Norwegian Labour Inspection Authority for breaches of the chemicals legislation in the period 1995 – 2005. It shows the large total number of cases where sanctions were imposed, and indicates how they are split between different areas.

Source Ministry of Labour and Social Inclusion