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§ 18 Qualification and follow-up of other participants

When entering into a contract, the responsible party shall ensure that the contractors and suppliers are qualified to fulfil the regulatory requirements relating to health, safety and the environment. Furthermore, the responsible party shall follow up to ensure that the participants comply with the requirements while performing the assignment in the activities covered by these regulations.
The operator shall ensure that any deficiencies in other participants' management of health, safety and the environment are corrected, and that the necessary adjustments are made with respect to its own and other participants' management systems, to ensure the necessary uniformity.
Section last changed: 01 January 2011

The first subsection clarifies obligations assigned to the responsible party according to the health, safety and environment legislation and Section 7. The first subsection also covers participants other than the operator, and e.g. imposes on contractors a duty to follow up their subcontractors. As regards the operator, the first subsection clarifies certain elements in the operator's see-to-it duty that follow from Section 7, second subsection.
This provision involves the relationship between the operator's management system and other participants' systems. The provision entails that the operator, to ensure that the totality is safeguarded, shall evaluate the other systems before, during and after signing a contract, as well as during execution of the activity.
The second subsection, together with Section 17, or together with other Norwegian legislation, entails that the operator shall use others participants' management systems as a basis insofar as possible. However, the operator shall consider the suitability of these management systems based on the activity to be carried out, and determine whether there is a need to implement corrective measures. Caution should be shown as regards intervening in already established management systems. Other Norwegian legislation could be the Regulations relating to systematic health, safety and environment work in enterprises and regulations under maritime legislation (in Norwegian only).