Updates made to the Non-Discrimination Act and the Act on Occupational Health and Safety

At a glance

• As of 1 June 2023, the Act on Occupational Health and Safety and the Non-Discrimination Act have been updated.

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The Act on Occupational Health and Safety 

The Act on Occupational Health and Safety has been amended to clarify the need for employers to more effectively take into account personal circumstances such as those relating to age when conducting risk assessments and providing training. An individuals personal circumstances may in some instances require employers to take employee specific actions over general actions to ensure the employee's health and safety at work. In addition, the amendments also clarified that employers, when conducting risk assessments, must cover psychosocial risk factors as well as physical risks.

The Non-Discrimination Act

The Non-Discrimination Act has been amended to provide further clarification as to what an employer must consider when assessing the status of equality and non-discrimination at the workplace.

The Act highlights that the different grounds of discrimination must be considered, including in relation to recruitment practices. The anti-discrimination plan (mandatory for companies with at least 30 employees) must include, not only actions to promote equality, but also set out how the employer came to the conclusion that the actions in question are needed, what needs to be done to promote equality and where any potential challenges lie. From the perspective of the supervising authority, the anti-discrimination plan should address discrimination grounds and include actions that are relevant to the workplace in question. When considering reasonable accommodations for a disabled person, it is the needs of the person that shall be primarily considered.