§ 43 Night work
Section 10-11 of the Working Environment Act does not apply to the scope of these regulations.
Work between 2300 hours and 0600 hours or between 0000 hours and 0700 hours is night work.
Night work is permitted when
- it is necessary to maintain production or the work is related to activities directly linked to drilling and well operations, including necessary support functions,
- the health, safety and environment risk is reduced by carrying out the work at night, or
- operation of the facility has been shut down and the work does not entail any special risk.
Prior to starting any work, the employer shall discuss the necessity of night work with the employees' elected representatives.
Working hours for employees who work more than three hours during the night, shall not exceed eight hours in the course of 24 hours if the work entails a special risk or significant physical or psychological strain. The employer and the employee's elected representatives in enterprises bound by collective wage agreements, can enter into written agreements for exemption from the provisions in the previous sentence. In such case, the employees shall be ensured equivalent compensating rest periods or, where this is not possible, other suitable protection.
The provisions in this section also apply to employees in senior or particularly independent positions.
Section last changed: 01 January 2011
The provision's second subsection does not prevent both alternatives being used for various shift arrangements and employee groups at the same enterprise.
Work that is ”necessary to maintain the production” according to the third subsection litera a, also includes the operation of transport systems in connection with the production and necessary planned maintenance of equipment where this work requires a full shutdown of production on other manned or simpler facilities. See Section 3 of the Facilities Regulations. Support functions can be maritime operations that are necessary to secure the facility, necessary lifting operations and catering services and repair of equipment necessary to restore the operation, and which can be carried out immediately with available equipment and personnel.
The risk reduction according to the third subsection litera b shall be evaluated based on an individual and comprehensive assessment as regards the individual employee's safety and health and as regards major accident risk. Work that falls under this provision can be maintenance activities that are necessary to restore physical barriers or HSE-critical functions, cf. Section 46 of the Activities Regulations. This can also involve work that will entail an increased risk if it is stopped for the night because it leaves the facility in a state that can lead to increased risk. It can also involve utilising a ”weather window” for exceptional and temporary activities. The provision cannot be waived by planning so much simultaneous activity during the day that it would be safer to move parts of the activity to the night.
That ”operations on the facility are shut down” according to the third subsection, litera c, entails that there is no production or any drilling or well operations taking place, e.g. during planned shutdowns.
The fourth subsection corresponds to Section 10-11, third subsection of the Working Environment Act. The term ”employee representative” is not limited to union representatives. This can also be the safety delegate service. Reference is also made to the Guidelines regarding Section 13 of the Framework Regulations regarding this term, which in turn references the Working Environment Act in this regard.
The fifth subsection corresponds to Section 10-11, sixth and eighth subsections of the Working Environment Act. The provision does not impact the regular working hours, but is a limitation in the duration of night work in very special situations. The provision does not prevent employees having, as a point of departure, a regular working time of 12 hours, but if the work is particularly hazardous or entails considerable physical or psychological strain, no more than eight hours shall be worked.
As regards the assessment of what can be considered particularly hazardous work or involve considerable physical or psychological strain, the basis shall be that night work is, in general, a strain, and that the work carried out on the shelf, is not risk-free.