The last Thursday broadcast of Radio Wataha, the guest of which was Paweł Borun from Soluton AS, concerns the issue of compliance with construction law in Norway. The subject was raised for a reason. Recently, the Norwegian Labor Inspectorate (nor. Arbeitstilsynet) more and more frequently inspects foreign construction companies operating in Norway. In their course, a number of irregularities were detected among foreign enterprises, and some of them, unfortunately, came from Poland.
It is worth remembering that when operating on the Norwegian market, you must comply with the law in force in that country. As practice shows, some companies, unfortunately, forget about it. As a result, on the one hand, they risk penalties, and on the other hand, they weaken the image of Polish enterprises, which lowers the level of Norwegian confidence. Thus, it has a negative impact on the tendency to use the services of Poles.
Failure to comply with the law causes bad opinions
You can see how negatively the irregularities detected during inspections affect the opinion of Polish companies on the fanpage of the Norwegian Labor Inspectorate. It is worth quoting one of the comments that was added under the entry regarding the inspection carried out on construction site in Stavanger.
“The construction industry in Norway is the biggest scandal in Norwegian history after the Second World War.
An ethnic Norwegian who is educated in Norway does not get a job because Eastern Europeans have taken over the entire industry. They are often poorly paid, work as slaves, do not know Norwegian / English, Norwegian building codes " (translation from Norwegian, original spelling).
Such opinions are becoming more common. This has a negative impact on the expansion of Polish companies into the Norwegian market, which is attractive for many reasons. Especially considering the higher rates than those possible in Poland. Therefore, it is even more important to observe the law.
What are the obligations of a construction company? - Poles are reliable, but they do not know the law
Poles are known for their diligence and the fact that they carry out the work entrusted to them in a reliable and timely manner. However, these features are not enough to fully gain the trust of Norwegians who place great emphasis on compliance with the law. As Paweł Borun emphasizes in his broadcast, he personally knows examples of many Polish companies that do their job properly. The problem, however, is that they do not know the technical language of Norwegian and Norwegian construction law. For this reason, in the case of inspections of local institutions, they suffer double consequences - on the one hand, they are threatened with penal consequences, on the other hand, the level of trust decreases. Not only for this particular company, but also for everyone who has their headquarters outside Norway.
Raising competences - this is the mission of Soluton AS
Bearing in mind these problems, Soluton AS has implemented a tool that allows it to effectively improve the competences of Polish builders. In addition, it also works well in providing assistance in keeping construction documentation. Paweł Borun, the guest of the Radio Wataha program, emphasized that it is also worth knowing the basic formal rules that apply when providing construction services.
First: company registration
The basic condition for functioning on the Norwegian market is company registration. As Paweł Borun emphasized, carrying out any activities without taking this step is unprofitable. The most popular forms of business activity are sole proprietorships or partnerships. More information can be obtained from specialized consulting companies.
What are the responsibilities of the construction company? -Second: HMS cards
The second criterion that the company must meet is ensuring that every employee at the construction site has his HMS card (nor. Byggekort). Without it, no one has the right to even enter the construction site. Penalties for non-compliance with this requirement are high, and these issues are especially watched by the Norwegian Labor Inspectorate.
The company can issue such cards on condition that it is a Norwegian VAT payer. Therefore, it is not necessary to do without a proper notification at the Tax Office. In addition, each employee must be employed on the basis of a written employment contract.
Employer Responsibilities
As the guest of the Radio Wataha broadcast emphasized, the owner of the company who employs employees must undergo appropriate HMS training for the employer himself (nor. Dalig leder). It is worth ensuring that such training takes place in Polish. Thanks to this, he will be sure that he has understood everything exactly. It is important from the point of view of construction law. More details can be found on the website: https://www.kurshmspopolsku.no/
Third: employee equipment and training
Another important issue is ensuring the appropriate equipment of the employee. This mainly applies to clothing and accessories that are necessary for the activities performed. The construction law requires every worker on the construction site to have a protective helmet, appropriate shoes and other things that provide the necessary protection.
Occupational Health and Safety Specialist
The employer should also ensure that the team includes an employee responsible for health and safety at work (or Vernembud trgo), commonly known as the "green helmet". Before he is posted, the employer must provide and pay for appropriate training. This is due in particular to paragraph 6 of the Labor Code. As Paweł Borun emphasized, the details of when such an obligation arises and what exactly the Norwegian Labor Code says are issues that will be discussed in subsequent broadcasts.
What are the duties of a construction company? - Health and safety training
When discussing the issue of training, one cannot ignore the position ones. This is especially true for people working with specific machines and devices. It is worth knowing that before it is allowed to use it, it must be trained in this area. In practice, this means that a person working with grinders, saws and other construction equipment must be trained in its use.
Fourth: documentation
Among the necessary documentation, there are basically three categories: carried out during construction, those necessary for its completion, and documentation kept in connection with the employment of workers. There are also optional documents, the possession of which, however, makes it easier to attract new business partners.
Internal control system
During construction, documentation related to the internal control system (nor. Intarnkontrollsystem), otherwise known as KS HMS, should be kept. These are formalities that should be ensured as part of systematic work for health and safety. This is related to all checklists for the implementation of individual construction stages, keeping a register of accidents at work, rules of routine conduct at individual stages of work, risk assessment, HMS plan, SJA, etc.
More at www.program.soluton.no.
How to set up a company in Norway?
Documents necessary after completion of construction
Regardless of the nature of the construction, each company is required to present the necessary documentation upon its completion. It is Forvaltning, drift og vedlikehold dokumentansjon, abbreviated as FDV. It covers all issues related to administration, operation and maintenance.
In practice, this means that the contractor of construction works is obliged to provide the client with precise instructions regarding the use and administration of the given building. This is important to avoid damage and other irregularities. It is worth knowing that it is the construction company that takes full responsibility for ensuring that the completed investment meets the strict construction standards and construction law regulations in Norway.
Employee documents
The employer is also obliged to keep employee documentation. Paweł Borun from Soluton AS emphasizes that from 1 July 2017 every entrepreneur is obliged to keep an electronic crew list. It is worth knowing about it, because it is one of the first things that the Norwegian Labor Inspectorate checks during an inspection.
A company employing employees must also have a signed contract with the company health service (Nor. Bedriftshelsetjeneste). Purely theoretically, such a decision is left to the employer, who will not suffer any consequences during the first inspection by the Labor Inspectorate. However, due to the working conditions on the construction site, it is worth considering signing it.
Quality management
The construction company must also maintain documentation related to quality control. In such a case, its owner is obliged to fill out a sjekkelist. The obligation is to note deviations, sort photos from each construction stage, keep a list of employees in terms of where they are currently located and what numbers of construction cards have been assigned. In fulfilling these obligations, the proprietary electronic system Soluton AS, which is fully polonized, will be helpful. However, this issue will be raised in future broadcasts.
Central godkjent
Theoretically, the document commonly known as "Gusient" is not obligatory, but it makes it easier to obtain lucrative contracts. These are construction qualifications confirming having appropriate skills in the performance of specific construction works. In practice, for example, when laying a roof, such permissions are not required, because the contractor assumes all responsibility for quality aspects anyway. However, Norwegians place great emphasis on the quality of the services provided. You may find that having a Gusient will make it easier to attract customers. This issue, however, will be discussed in more detail in subsequent programs, which will be hosted by Paweł Borun from Soluton AS. Until next Thursday!
