The Norwegian government has proposed amendments to the Working Environment Act Section 4-3 on requirements for the psychosocial working environment.
The purpose of the amendments is to clarify and elaborate on the Working Environment Act's requirements for a fully justifiable working environment in the psychosocial area, with the aim of providing better guidance and greater awareness of what companies should work on to create a good psychosocial working environment.
In this blog, we look at what the changes mean and what you as an employer need to do going forward.
The background to the changes to the psychosocial working environment
The psychosocial work environment concerns how work is organized, planned and carried out. Typical features of a stressful psychosocial work environment are environments characterized by, for example, time pressure and stress, unclear requirements and expectations, as well as high emotional demands and strains when working with people.
In recent years, both Norway and other European countries have focused more strongly on the importance of promoting a good psychosocial working environment.
In Norway, the psychosocial working environment has also been discussed more considering recent discussions on sick leave. According to the "Factbook on Working Environment and Health 2024" (in Norwegian) from the National Institute of Occupational Health (STAMI), one in three employees in Norway who have been absent for more than 14 days report that the absence was work-related. Calculations from Oslo Economics 2018 (in Norwegian) show that a non-optimal working environment costs Norwegian companies around NOK 30 billion annually and society around NOK 75 billion annually.
A stressful psychosocial working environment can therefore have ripple effects not only for the employees who experience it, but also for employers.
Against this background, the government has proposed amendments to section 4-3 of the Working Environment Act on requirements for the psychosocial working environment. The amendments will enter into force on 1 January 2026.
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What do the amendments entail?
The new amendments entail a new first paragraph in section 4-3, which states that "work shall be organized, planned and carried out so that the psychosocial working environment factors in the company are fully justifiable with regard to the employees' health, safety and welfare." The current section 4-3 only specifies certain factors in the psychosocial working environment. This change means that the legal provision will cover all factors of importance to the psychosocial working environment.
In addition, a new second paragraph will be included that specifies several important psychosocial working environment factors that employers must consider in their preventive working environment work. These include unclear or contradictory demands and expectations, emotional demands and strains when working with people, workload and time pressure that entail an imbalance between the work to be performed and the time available, as well as support and assistance in the work.
It is important to emphasize that the proposal does not involve any material change to current law. The amendments are implemented to clarify current law and raise awareness.
On the other hand, the amendment will result in clearer expectations and guidance for employers in their work with the psychosocial working environment.
Highlighting these factors can also help make both employers and employees aware that these factors are covered by the statutory requirements for soundness, thus contributing to more activity in preventive work.
What should employers do going forward?
Although the amendment does not materially change the current rules, the requirements and expectations of employers will be highlighted.
Our recommendation is that employers should map out whether the organization has challenges related to the new specific factors that are now highlighted in the law:
Examine whether requirements and expectations in the work are unclear or contradictory. This typically relates to work tasks, the quality of the work to be performed, areas of responsibility, work methods, work procedures, distribution of roles, time consumption, work pace or working hours.
Assess whether emotional demands and strains arise when working with people. This is typical for employees who work closely with patients, relatives, clients or children.
Assess whether workload and time pressure are out of balance with the work to be done and the time available.
Facilitate support and help in the work, for example from managers or colleagues, if necessary.
In addition, it will be a good opportunity for the organization to review its existing HSE system and procedures considering the updated rules. This may include conducting employee surveys to map the company's psychosocial working environment, providing management training through courses and programs, or revising routines and procedures to ensure compliance with the current working environment requirements.
It will be essential for employers to be able to document their work on the psychosocial working environment, which should be on an equal footing with the physical working environment. Thorough work on internal procedures will therefore pay off later if problems arise.
Do you need guidance on employment law and facilitation in your company?
Are you unsure how your company can meet the new requirements for a psychosocial working environment? Our lawyers and advisors have extensive experience of employment law and workplace facilitation, and can help you ensure that the requirements of the Working Environment Act are met. Get in touch for a no-obligation chat.
IN NEED OF NORWEGIAN LABOR LAW GUIDANCE?
Our labor law lawyers are happy to assist. Contact us today!
