Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Occupational Safety and Health Convention, 1981 (No. 155) - Finland (Ratification: 1985)

1. The Committee notes the information contained in the Government’s report and the observations made by the Central Organization of Finnish Trade Unions (SAK), which were attached to the report.

2. Article 4 of the Convention. National policy. The Committee notes the SAK’s observations that, in their view, the industrial protection strategy prepared by the Advisory Committee on Occupational Safety and Health does not constitute a national policy giving effect to the Convention. The SAK claims that this strategy mainly concerns occupational safety and health issues within the scope of the Ministry of Social Affairs and Health and as such does not constitute an occupational health-care policy. In this respect, the Committee notes the Government’s statement that its programme of 2003 includes several measures to improve occupational safety and health in working life, such as a special programme (the “Veto programme”) that was launched for 2003-07 to provide support to the strategy and that the Occupational Safety and Health Strategy launched in 1998, is monitored by the Ministry of Social Affairs and Health together with the Advisory Committee on Occupational Safety and Health, in which the social partners are represented. It further notes that two follow-up reports were prepared in 2001 and 2005. The Committee requests the Government to provide additional information in its next report on the practical application of this Article, particularly information on the occupational health-care policies developed in this context, as well as on the follow-up report on the Occupational Safety and Health Strategy in 2005.

3. Article 5(e). Protection of workers from disciplinary measures. The Committee notes with interest the detailed information provided by the Government concerning the application of sections 8, 9, 17 and 23 of the Occupational Safety and Health Act No. 738 of 2002 and, in particular, section 2 of Chapter 7 and section 2, paragraph 1, of Chapter 2, of the Employment Contracts Act No. 55 of 2001, giving effect to the provisions in Article 5(e) of the Convention to protect workers from disciplinary measures as a result of action properly taken by them in conformity with the national policy on occupational safety and health.

4. Articles 14 and 19(d). Occupational safety and health training. The Committee notes the additional clarifications provided by the Government regarding the content of section 14 of the Occupational Safety and Health Act, giving effect to the requirement for the employers to provide workers with training in occupational safety and health, in accordance with the Convention. The Committee requests the Government to provide additional information on the practical application of the requirement for employers to also provide training for occupational safety and health delegates.

5. Article 19(a) and (b). Cooperation between workers and employers. The Committee notes that the cooperation between workers and employers is provided in section 2, Chapter 3, of the Employment Contracts Act, section 17 of the Occupational Safety and Health Act and in Chapter 5 of Act No. 44 of 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters. The Committee requests the Government to provide detailed information in its next report on the practical application of the cooperation between workers, their representatives and the employer.

1. The Committee notes the detailed information contained in the Government’s first report regarding the Protocol to Convention No. 155 and the observations submitted by the SAK, which were attached to the Government’s report. It notes that the Protocol appears to be almost fully applied, but requests the Government to provide the following additional information.

2. Article 1(a) and (d) of the Protocol. The notion “commuting accident”. The Committee notes that section 4(2) of the Employment Accidents Act defines “work-related accidents” as “accidents either occurring at the workplace or on the direct way between the place of work and the worker’s residence with no distinction made between worker’s principal or secondary residence”. The Committee requests the Government to provide additional information in its next report on the manners ensuring that work-related accidents cover as a commuting accident or injury, the place where workers usually take their meal or where they usually receive their remuneration, as provided in Article 1(d) of the Protocol.

3. Article 2. National legislation. The Committee notes the observations submitted by the SAK that since the last legislative measures were adopted, no further tripartite consultations on matters related to recording and notifications of accidents or illnesses have taken place. It further notes that section 46(4) of Act No. 44 of 2006 provides that further regulations may be issued as to the content and manner in which the reporting of occupational accidents and diseases is to be carried out. The Committee requests the Government to provide information in its next report on whether it is envisaged to give further effect to this Article by issuing regulations under section 46(4) of Act No. 44 of 2006 in tripartite consultations.

4. Articles 3(a), 4(a) and (c). Recording and notification of “dangerous occurrences” and “suspected cases” of occupational accidents and diseases. The Committee notes the SAK’s observations that recent legal amendments to both Act No. 608 of 1948 and to Employment Accidents Ordinance No. 850 of 1973 appear to have restricted the statistical information collected by the Institute of Occupational Health and that the recording and notification requirements in national legislation now only apply to accidents that have resulted in death or serious injury and only to occupational diseases of the kind listed in Occupational Diseases Act No. 1343 of 1988. The SAK states that there is no longer an obligation to report on “dangerous occurrences” and “suspected cases” of occupational accidents or diseases. The Committee requests the Government to provide its comments on the observations made by the SAK and to provide additional information on how effect is given to the requirement in this Article to record “dangerous occurrences” and “suspected cases” of occupational diseases.

5. Article 3(c). Duration for maintaining records. The Committee notes that section 41(f) of the Employment Accidents Act (No. 648 of 1948) provides the time period that insurance companies have to keep their records on occupational accidents and diseases. The Committee requests the Government to provide information in its next report on the duration that records on occupational accidents and diseases are to be maintained by employers.

6. Article 7. Statistical information. The Committee notes the Government’s statement that Finland introduced, as from 1 January 2003, the European methodology to code accidents at work, and that there are not yet any relevant time series available to compare recent developments. The Committee requests the Government to provide in its next report statistical information on occupational accidents, occupational diseases and, if available, “dangerous occurrences” and “commuting accidents”, as well as the analyses thereof, disaggregated by gender, if available.