New legislative amendment: clarification of the requirements for the psychosocial working environment
Before the Members of the Parliament took their summer break, they adopted a number of legislative changes - including an amendment to the Working Environment Act's requirements for the psychosocial working environment. Here is a brief review of the amendment and some reflections on what it may mean for employers.
The legislation involves changes to section 4-3 of the Working Environment Act, which sets requirements for the psychosocial working environment. The purpose of the amendment is not to change current law, but to help clarify the requirements. Through the amendment, the requirements have been lifted into the current legal text, making it easier for employers and employees to understand and comply with them.
The amendment must be seen in the light of a growing need to strengthen the psychosocial working environment, which has received increased attention both in the EU and in the Nordic countries. In Norway, both the Norwegian Working Environment Institute (STAMI) and the Norwegian Labour Inspection Authority have focused on the topic.
STAMI's Factbook on Working Environment and Health 2024 shows that one in three employees with sickness absence of more than 14 days has an absence that is work-related.
The Norwegian Labour Inspection Authority's report Need for better regulation of the Working Environment Act's requirements for the psychosocial working environment, prepared as part of an investigation initiated in 2021, points to the need for legislative changes and strengthened guidance efforts. On this basis, on October 1, 2024, the Norwegian Labour Inspection Authority submitted a proposal for a more comprehensive regulation of the psychosocial working environment for consultation. To ensure coherence between law and regulation, a proposal to amend section 4-3 of the Working Environment Act was sent out at the same time - in agreement with the Ministry.
The amendment entails a new first and second paragraph in section 4-3 of the Working Environment Act. The other parts of the provision are unchanged. The new first and second paragraphs read as follows:
(1) The work shall be organised, planned and carried out so that the psychosocial working environment factors in the enterprise are fully acceptable with regard to the employees' health, safety and welfare.
(2) Psychosocial working environment factors are, in addition to conditions as mentioned in the third to sixth paragraphs, inter alia
- unclear or conflicting demands and expectations at work
- emotional demands and strains when working with people
- workload and time pressure that result in an imbalance between the work to be performed and the time available
- support and assistance at work.
Littler's observation is that the psychosocial working environment is on the agenda in many Norwegian organisations. Employers often turn to us with questions about working hours, especially in relation to employees in managerial or particularly independent positions. Even though these positions are exempt from the working hours regulations in the Working Environment Act, the employer is obliged to consider safety, health and welfare when organising working hours. This follows from sections 4-1 and 10-2 first, second and fourth paragraphs of the Working Environment Act.
The new regulation in section 4-3, second paragraph, letter c clarifies that the employer is obliged to prevent an imbalance between the workload and the time actually available. This is a challenge that often arises in positions with great responsibility and a high degree of autonomy - typically leading or particularly independent roles. In such roles, it's not uncommon for the workload to increase gradually, without necessarily being recognised in time.
The result can be an overall workload that, over time, cannot be reconciled with the available working hours, which can jeopardise both health and the working environment. Littler's advice is that employers follow up on employees in managerial and particularly independent positions through regular conversations about workload and priorities - and assess the need for measures that ensure a sound working environment over time.
Through the allocation letter for 2025, the Norwegian Labour Inspection Authority has received increased funding to strengthen, among other things, the companies' work on prevention within the working environment, health and safety. The Labour Inspection Authority naturally focuses on the workload of employees, and for employees who are exempt from the working hours regulations, it is particularly important that the employer can document which measures have been implemented to ensure a fully acceptable working environment - also for these employees. It is important that employers follow up on work-related sick leave and can refer to measures that have been implemented if and when the Labour Inspection Authority comes to inspect.
Another aspect of the amendment is that although it is not intended to change current law, it may contribute to increased awareness and knowledge among employees and thus more allegations of violations - also regarding conditions that have not previously been considered to be in violation of the requirements of the Working Environment Act.
Employees may, for example, express dissatisfaction with work tasks, prioritisations or requirements, which can increase the level of conflict in the workplace and ultimately lead to whistleblowing cases. As part of the company's preventive work, it may therefore also be appropriate to review internal routines and, in particular, ensure that whistleblowing and conflict management routines are as good as they should be.
The amendment enters into force on 1 January 2026.
