The audit was carried out in April and May 2021.

Background

Supervising temporary hires and equality rules pursuant to the Working Environment Act is part of the government’s efforts to ensure a safe and responsible labour market.

The Ministry of Labour and Social Affairs has required the PSA to strengthen its commitment to combating irresponsible employment and work-related crime, to supervise and check that enterprises are complying with the legal requirements for temporary hires, and to follow up that equality requirements are met.

The PSA has the authority to supervise compliance with the terms for hiring personnel from temporary work agencies and the requirement for equal treatment when workers are hired.

This extended supervisory responsibility also covers fulfilment by the company hiring workers of its duty to provide information to the temporary work agency.

Goal

The goal of the audit was to follow up whether Kaefer was complying with the requirements of the Working Environment Act when hiring personnel from temporary work agencies.

It was directed at temporary personnel working on offshore facilities and at petroleum plants on land.

Findings

The audit identified two nonconformities. These involved:

  • illegal hiring of personnel from temporary work agencies
  • deficiencies in routines for identifying, correcting and preventing breaches of the regulations on hiring from temporary work agencies.

Notice of order

We have identified serious breaches of the regulations, and hereby give notice of the following order.

Pursuant to section 18-6, paragraph 1 of the Working Environment Act, see section 14-22, paragraph 1 of the Working Environment Act, see section 14.9, paragraph 2, and section 3-1, paragraph 2, litera e of the Working Environment Act, Kaefer Energy Norge is ordered to do the following.

  1. Hiring of temporary workers who are not doing work of a temporary nature must cease.
  2. Where Kaefer considers hires to comply with the law, Kaefer must describe the assessments made.
  3. Kaefer must adopt routines to identify, correct and prevent breaches of the regulations on hiring from temporary work agencies.

The deadline for compliance with the order is 16 August 2021. We must be informed when the order has been complied with.