August 31, 2023
Until recently, we received signals that branches of foreign companies in Norway (NUF) did not have to use BHT services because these branches do not constitute legal person in Norway. However, the interpretation has recently changed. All companies operating in Norway, including foreign companies operating as branches, must cooperate with BHT. Of course, this applies to enterprises covered by the above regulation.
The Labor Inspection Authority informs that each application will be individually evaluated, and meeting all conditions does not guarantee approval.
NOTE!!! The password "Exemption from BHT" entitles you to a 10% discount on an hourly consultation with Novum experts!
Author:Anna Korpalska
Source:Arbeidstilsynet
Earlier this year new regulations have been introduced. They consern Norwegian occupational health services. These companies may perform employee health check-ups, help entrepreneurs with risk assessments and issue annual safety reports for enterprises. Bedriftshelsetjeneste (BHT) companies, have not fully met the expectations of the Norwegian Labor Inspection Authority. It was decided to improve their operations to better serve as advisors and support for entrepreneurs and employees.
Who is required to sign an agreement with BHT?
The regulation specifying the industries in which signing an agreement with BHT is mandatory is clear and straightforward.
What about branches of foreign companies in Norway (NUF)?
Until recently, we received signals that branches of foreign companies in Norway (NUF) did not have to use BHT services because these branches do not constitute legal person in Norway. However, the interpretation has recently changed. All companies operating in Norway, including foreign companies operating as branches, must cooperate with BHT. Of course, this applies to enterprises covered by the above regulation.
You can apply for an exemption from the obligation to cooperate with BHT.
The Norwegian Labor Inspection Authority explains that companies may apply for an exemption from the obligation to cooperate with BHT if they meet the following criteria:
- Companies that have their own program equivalent to Norwegian occupational medicine services (BHT). It must be adapted to the risk conditions in the company but does not have to meet the requirements necessary to obtain authorization from Arbeidstilsynet for BHT companies.
- Companies whose working environment does not contain risk factors that are normal in a given industry.
- Companies that have a written agreement with external experts who can help prevent risky situations together with the company
- Companies that use a foreign equivalent of BHT. The foreign occupational medicine unit must be familiar with Norwegian regulations. The foreign BHT must know what services it should provide in accordance with Norwegian regulations.
The Labor Inspection Authority informs that each application will be individually evaluated, and meeting all conditions does not guarantee approval.
The exemption is limited in time to a maximum of three years. It is granted on the condition that all the prerequisites for obtaining it are met throughout this period.
An application for exemption must contain a lot of information. If you would like to consult the possibility of applying for an exemption, please feel free to contact us!
NOTE!!! The password "Exemption from BHT" entitles you to a 10% discount on an hourly consultation with Novum experts!
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