In October 2008 the PSA conducted an audit of wages and working conditions for foreign employees at the Mongstad refinery outside Bergen. The PSA ordered NEM not to use employees for whom the company could not provide documentation of wages and working conditions.
This order was appealed by NEM to the AID. The Ministry has arrived at a different understanding than the PSA’s interpretation of the regulations (Section 6 of the Regulations relating to information duty, duty to ensure and right of inspection).
The AID points out that the PSA could not issue an order to NEM for submission of documentation concerning the contracted employees’ wages and working conditions. The PSA thus did not have the authority to make a decision on stoppage due to insufficient compliance with the order.
The PSA will consider proposals for revisions of the regulations with a view towards making the main contractor formally accountable, in line with the formal responsibility the main contractor has in other land-based activities (pursuant to the Regulations relating to information duty, duty to ensure and right of inspection).
Contact in the PSA:
Olaf Thuestad, director for regulatory development