Appendix 2: Roles, responsibilities and tasks
Both the Working Environment Act and the main agreement between the parties point out the necessity of participation and cooperation in order to achieve a good working environment.
Conflicts can always arise as a natural consequence of the goals, structures, work processes and division of work that apply in the organization at any given time.
In addition to giving the employer overall responsibility for handling conflicts, labour laws and agreements provide both rights and obligations that all employees must comply with. In addition, a number of third parties that have a formal role are also specified, such as safety representatives, union representatives and the occupational health service.
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Managers
In this context, the manager (employer) means any manager who has personnel responsibility.
Managers are responsible for organising and managing the work in such a way that no employees are exposed to unfortunate physical or mental strain.
The manager is responsible for ensuring that everyone in the workplace has a fully satisfactory working environment.
Managers have an overall responsibility for implementing the necessary measures to safeguard a good and safe working environment, and to ensure that the working environment is fully satisfactory at all times. If a manager becomes aware of a possible conflict situation, the manager has a duty of care towards those concerned, and a duty to actively bring an undesirable situation to an end.
It is the manager's responsibility to ensure that the case is followed up in line with the university's guidelines for conflict management:
- Take care of the duty to take action,
- ensure that all parties to the conflict are properly safeguarded,
- relate to what has actually happened and what consequences the situation has for those involved, and
- ensure that the necessary measures are implemented to restore a satisfactory working environment.
Employees often contact managers to ask for advice in confidence, this is a relationship of trust that is important in the exercise of leadership. However, it is important to be aware of the manager's duty to take action in the event of suspicion of conditions that affect the working environment.
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Safety delegate
The safety delegate shall safeguard the interests of the employees in matters relating to the working environment (Section 6-2 of the Employment Act), including the psychosocial working environment.
The safety delegate shall ensure that cases of harassment or other improper conduct are raised with the employer, and ensure that the employer follows up reports within a reasonable time.
The safety delegate has a duty to notify the employer of circumstances they consider may entail a health risk to anyone; cf. Section 6-2 (3) (lovdata.no). This means that if the safety delegate is made aware of circumstances that may constitute a violation of the Working Environment Act, they have a duty to report this to the employer even if the injured party does not wish to do so.
The safety delegate has a duty of confidentiality as to who has made the inquiry, but the safety delegate service is, however, obliged to act independently of the duty of confidentiality in the event of suspicion of danger to life and health.
The specific handling of the conflict must be left to the employer, and the safety representative must ensure that the employer follows up on what is reported.
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Union representative
The trade unions' elected representatives must safeguard the interests of their members in relation to legislation and agreements, this is described in more detail in the Basic Agreement in the State (regjeringen.no, in norwegian only). Union representatives can act as advisers in conflict cases.
In the prevention of harassment, improper conduct and harsh personal conflicts, the employee representatives can be both an important support for employees and a partner for the employer. It is important that the employee representative tells employees what kind of opportunities they have and what consequences such cases entail.
Union representatives do not have a duty to, but have the right to, report conditions that may constitute a violation of the Working Environment Act. This applies even if the person who has sought advice from them wants confidentiality in the case.
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Division of roles between safety delegates and trade union representatives
The trade unions' representatives and the safety delegates are important players who both contribute to the university's attractiveness as a workplace and to the continuous development and improvement of the working environment. Safety delegates and union representatives are actors in the same arena, but have different starting points and tasks, and the roles spring from different legal bases. A document has been prepared that specifies the division of labour between the safety delegate service and the trade unions at OsloMet, which provides a summary of the most important differences and roles.
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HR
The HR staff must be familiar with the university's guidelines for conflict management, and know who to contact. If they receive inquiries about possible conflict situations, they must inform about applicable guidelines, procedures and legislation, and at the same time assist in establishing contact with the right person.
If you are unsure of what applies in this type of case, you should seek advice from someone who can help - from the local HR section manager or HR director.
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Colleague
All employees have a duty to participate when working environment problems arise (aml. § 2-3). Employees must actively participate in the implementation of measures that are implemented to create a good and safe working environment. It is part of the duty to cooperate to ensure that the employer or safety representative is informed as soon as it becomes aware that harassment or discrimination is taking place in the workplace.
The duty to cooperate applies even if the colleague who is exposed to the matter does not wish to proceed with the case. If you are unsure of how to proceed to speak up, a union representative, local HR unit or safety representative can be contacted for advice.
No one shall under any circumstances take punitive measures (gossip, revenge, suspension, scolding and the like) against the person who has allegedly behaved unacceptably or the person who has reported such activity. Such behaviour will also be a violation of the Working Environment Act
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Occupational health service
The occupational health service can have different roles in this type of case. They will assist in creating healthy and safe working conditions, and can be involved if needed. They must be independent, have a duty of confidentiality and be neutral.
The occupational health service can be a good adviser for managers, safety representatives, union representatives and employees who are unsure of what it would be right to do if they suspect or experience that may be conflict situations.
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The university's senior management
The Rector has the overall responsibility for OsloMet's systematic health, safety and environment work, including mapping of the working environment and risk, systems for handling complaints, advice/management support for managers. The management of these tasks has been delegated to subordinate units.