§ 42 Offshore periods
Offshore periods shall not exceed 14 days.
In cases of exceptional and temporary need, the employer can extend the offshore period by up to seven days for a single period, after having discussed the matter with the elected employee representative.
In cases as mentioned in the second subsection, the Petroleum Safety Authority Norway can decide to extend the offshore period beyond seven days.
As regards employees with special qualifications, the Petroleum Safety Authority Norway can, upon application, approve offshore periods in excess of 14 days in certain cases. A statement from the relevant working environment committee shall accompany the application.
Employees are entitled to exemption from extended offshore periods on conditions laid down in Section 10-6, tenth subsection of the Working Environment Act.
Section last changed: 01 January 2011
The section continues parts of previous Section 52 of the Framework Regulations. For requirements for work-free periods between offshore periods, reference is made to Section 39.
The term ”exceptional and temporary need” as mentioned in the second subsection, continues the conditions for overtime according to the previous Working Environment Act. See also Odelsting Proposition No. 49 (2004-2005) page 164. This entails that planned activities such as planned shutdowns are not, in and of themselves, a sufficient reason for expanding the offshore period.
If fog or the like makes it impossible to travel to and from the facility, the Petroleum Safety Authority Norway is not required to make an administrative decision extending the offshore period. The personnel on the facility at all times, shall also be able to work on the facility in a normal manner. If the situation becomes protracted, it may be necessary to consider other alternative transport alternatives. In situations where the stay on the facility becomes very prolonged, it should also be considered whether it is prudent to continue the activities with the existing workforce.
The fourth subsection has especially been used where there has been a shortage of a type of labour in Norway, and it has therefore been necessary to obtain qualified labour abroad.