Workplace adaptations

No employee should become ill or injured as a result of their work. For this reason, employers have a duty to ensure that systematic and preventive health, environment and safety work is performed in the enterprise.

The employer must ensure that no employees experience detrimental

• psychological strain
• physical strain

The employer must consider measures for all employees, e.g. how

• work is organised
• work is managed
• work tasks are distributed

In addition, the employer must actively focus on positive and health-promoting factors in the working environment.

In addition to the general adaptation duty, the employer must design the workplace and organise the work in consideration of the individual employee’s

• capacity for work
• competence
• age
• other factors, such as stage of life, mobility and functional ability

Work shall be adapted to ensure that each individual employee has opportunities for

• professional and personal development in their work
• self-determination, influence and professional responsibility
• variation in the workday
• recognition of how different work tasks are related
• receiving information and training whenever changes affecting their work situation occur

Adaptations for pregnant employees

The employer must ensure that a pregnant employee is not subjected to harmful influences that may harm the foetus. If such risks are present, the employer must implement adaptations for the pregnant employee by adapting their work tasks or finding another suitable role within the enterprise (relocation).

Read more about adaptations and relocations for pregnant employees (in Norwegian)

For employees with reduced capacity for work, the employer’s individual adaptation duty goes further. For these employees, the employer has a special duty to implement adaptations. The primary intention behind this adaptation duty is to help employees on sick leave be able to return to work as soon as possible, and to implement adaptations so they are able to continue working.

The adaptation duty applies regardless of whether the reduced capacity for work

• is temporary or long-term
• is work-related or not
• relates to physical, mental, social or complex factors
• is caused by an accident, long-term strain, illness or disability

In such cases, it is also important that the employee expresses their adaptation needs. This should be done in the regular dialogue between the employer and the employee.

The adaptation duty also applies independently of

• the employee’s age
• whether the employee works full-time or part-time
• whether the employment is permanent or temporary

How to implement adaptations?

It would be preferable for the employee to continue in their established role. This could mean that the employer must

• adapt the work or the working hours
• change the equipment used in the work
• implement work-related measures, such as providing training or adapting the physical workplace

The employer and employee must work together to find good solutions. If the employee is on sick leave for an extended period of time, a follow-up plan must be prepared.

Read more about follow-up of employees on sick leave

If the employee with a reduced capacity for work is unable to continue in their normal role, even with adaptations, the employer must consider offering the employee other suitable work within the enterprise.
The term “suitable work” refers to any work that

• is equivalent to the employee’s former work in terms of tasks, responsibilities and compensation 
• the employee is qualified for and has the skills to perform 
• the employee is able to perform despite their reduced capacity for work 

The employer is responsible for finding other suitable work within the enterprise, but the employee has a duty to contribute.

The employee has a right to training if required

If it could be an option to offer other work that required a certain amount of training, the training will be included in the duty to offer other “suitable work”. The employee is entitled to the training that any new hire would receive.

The employer must consider relocation throughout the enterprise

The employer must look for other suitable work (relocation) throughout the enterprise, not just in the department where the employee used to work.

The employer’s duty does not extend so far as to create a new position for the employee. Nevertheless, if a suitable position for which the employee is qualified is available or opens up, it shall be offered to the employee.

If relocation to another role is being considered, the employee and the employee representative must be consulted before a decision is made.

The employer must have tried every potential adaptation option before employment can be terminated on grounds of the employee no longer being able to perform the work.