Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (Akava), the Finnish Confederation of Professionals (STTK), the Federation of Finnish Enterprises (SY) and the Confederation of Finnish Industries (EK) on Conventions Nos 155 and 187, communicated with the Government’s reports.

Application of Convention 155 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes the adoption of several new legislative measures to strengthen OSH, as well as ongoing preparations to update specific regulations. The Committee notes the Government’s indication in its report that ensuring compliance with OSH legislation has been the main focus, aimed at preventing occupational accidents and diseases through a risk-based approach, guided by the Framework Plan for Occupational Safety and Health Divisions (2024–2027). Supervision and inspection activities have remained central to enforcement, with some 8,100 inspections in 2024, 9,300 in 2023 and 9,845 in 2022. Ensuring availability of up-to-date information and its dissemination have been part of these efforts including the use of various communications channels. The Committee takes note also of the indication that the Government has conducted problem analysis and targeted actions in high-risk sectors such as private health and social services as well as in the employment service sector, particularly for temporary agency workers. The Committee further notes the concerns of SAK, Akava and STTK particularly related to psychological risks, the increased violence related to work during 2022–2024 and an increase in the number of accidents at work. The Committee requests the Government to continue providing information on the impact of the measures adopted in view of reducing occupational accidents and diseases, including inspection findings, follow-up actions, and progress achieved, particularly in the high-risk sectors identified.

Articles 5(c) and 19(d) of Convention No. 155, Article 4(3)(c) of Convention No. 187. OSH training and qualifications. Following its previous comments, the Committee notes the Government’s indication that the pertinent provisions related to training criteria or requirements for persons with OSH responsibilities are included in the Occupational Safety and Health Act (738/2002) and in the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). The Committee also notes that the SAK, Akava and STTK raise concerns regarding the lack of OSH training in numerous workplaces or qualification requirements for individuals responsible for OSH in the workplace. The Committee requests the Government to continue providing information on the measures envisaged to ensure that persons with responsibilities for OSH are provided with adequate and appropriate training and possess the necessary competence to carry out their duties effectively.

General provisions

I. Action at the national level

Article 2(1) of Convention No. 187. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. Following its previous comments, the Committee notes the measures taken by the Government to reduce threats of workplace violence and address psychosocial risks, including the integration of these objectives into the Implementation Plan for the Policy for the Work Environment and Well-being at Work 2030. The Committee notes with interest the 2023 amendment to the Occupational Safety and Health Act clarifying that both physical and psychosocial workload factors must be included in workplace risk assessments. The Committee further notes the continuation of the Mental Health at Work Programme, which promotes preventive approaches to mental health and supports cooperation between workplaces and occupational health services, and the establishment of a tripartite working group to prepare legislative amendments for improving the working conditions of platform workers. The Committee notes that the SAK, Akava and STTK refer to OSH risks related to climate change and platform work. The Committee requests the Government to continue providing information on the measures taken and results achieved to promote continuous improvement of OSH, including the impact of the Mental Health at Work Programme and provide information on progress in implementing the objectives of the Policy for the Work Environment and Well-being at Work until 2030 under the 2024–2027 Implementation Plan.

Articles 4, 8, 13 and 19(f) of Convention No. 155. Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. Following its previous comments, the Committee takes note that, under section 23 of the Occupational Safety and Health Act (OSH Act), workers have the right to remove themselves from work situations presenting an imminent and serious danger to their life or health, and that the OSH authority does not have detailed data on the exercise of this right. The Committee further notes that the prevention of violence and harassment remains a key objective in the Policy Implementation Plan 2024–27. The Committee also notes the observations of SAK, Akava and STTK indicating insufficient prevention measures and persistent psychosocial risks including a rise in workplace violence. The Committee requests the Government to continue providing information on the practical application of the right of workers to remove themselves from situations which they had reasonable justification to believe presented an imminent and serious danger to their life or health, and on the impact of the measures taken to prevent injury to health, including those arising from violence and harassment at work.

Article 5(1) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodical review of a national OSH programme. Following its previous comments, the Committee notes that the Policy for the Work Environment and Well-being at Work until 2030 aims at ensuring healthy and safe workplaces regardless of the form of employment, place of work, sector or size of the workplace. It notes that the Policy was updated in 2024 to reflect changes in working life, and that both the policy and its Implementation Plan 2024–2027 have been developed in collaboration with social partners, relevant stakeholders and institutions. The Implementation Plan includes concrete actions to achieve the Policy’s objectives and builds on analyses of the previous Implementation Plan. The Committee requests the Government to continue providing information, on the evaluation and review of the Implementation Plan 2024–2027 and how these contribute to the formulation of subsequent plans. The Committee requests the Government to continue to provide information on the consultations held with social partners on these matters.

II. Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. Following its previous comments, the Committee notes the Government’s indication that, under section 29 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006), employees in workplaces with fewer than ten employees have the right, though not the obligation, to elect an OSH representative. It further notes that, where no representative is elected, cooperation on occupational safety and health matters takes place in accordance with section 17 of the Occupational Safety and Health Act (738/2002) which includes a general provision on cooperation between employers and employees. The Committee requests the Government to continue providing information on the practical functioning of OSH cooperation in small undertakings, as well as on any other arrangements to promote cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures in those workplaces.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (Radiation Protection Convention, 1960 (No. 115), Guarding of Machinery Convention, 1963 (No. 119), Hygiene (Commerce and Offices) Convention, 1964 (No. 120), Benzene Convention, 1971 (No. 136), Occupational Cancer Convention, 1974 (No. 139), Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), Occupational Health Services Convention, 1985 (No. 161), Asbestos Convention, 1986 (No. 162), Safety and Health in Construction Convention, 1988 (No. 167), Chemicals Convention, 1990 (No. 170), Prevention of Major Industrial Accidents Convention, 1993 (No. 174), Safety and Health in Mines Convention, 1995 (No. 176), Safety and Health in Agriculture Convention, 2001 (No. 184)) adopted by the Committee in 2022, for which the Government will be requested to reply in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 115Previous comment on Convention No. 119Previous comment on Convention No. 120Previous comment on Convention No. 136Previous comment on Convention No. 139Previous comment on Convention Nos 148, 170 and 174Previous comment on Convention No. 155 and its Protocol of 2002Previous comment on Convention No. 161Previous comment on Convention No. 162Previous comment on Convention No. 167Previous comment on Convention No. 176Previous comment on Convention No. 184Previous comment on Convention No. 187 

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK) on Conventions Nos 115, 120, 136, 139, 148, 161, 167, 184 and 187 and of the Finnish Confederation of Professionals (STTK) on Conventions Nos 139, 161, 162 and 187, communicated with the Government’s reports.

Application of Conventions Nos 115, 119, 120, 136, 139, 148, 155, 161, 162, 167, 170, 174, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes that, according to the Government’s reports, the number of work-related accidents for salary and wage earners fell from 96,396 in 2015 to 86,606 in 2020, but the private health and social services sector saw occupational accidents increase from 4,408 in 2015 to 5,651 in 2020. The Committee also notes the Government’s indication that, while occupational accidents in the construction sector have generally decreased, work categorized under the “employment service” sector, which includes temporary agency work, shows a high frequency of accidents, with workers assisting in industry and construction experiencing the majority of accidents in that category. The Committee notes the Government’s statement that the number of recognized occupational diseases in the working-age population has decreased for several years, with, in particular, fewer cases of noise-induced hearing loss and asbestos-related diseases. According to the SAK’s observations on Convention No. 148, however, noise injury remains the most common occupational disease in Finland and better protection of pregnant workers from noise and vibration is a topical challenge under focus. The Government does not respond to those observations. The Committee thus requests the Government to continue to indicate the measures taken or envisaged to decrease the number of occupational accidents and diseases, particularly in the above-mentioned workplaces with increasing or persistently higher rates of occupational injuries, and for those workers engaged in the "employment service " sector, including temporary agency work.

Article 11 of Convention No. 115, Article 6 of Convention No. 136, Articles 2(2) and 3 of Convention No. 139, Articles 15(3) and 20(1) of Convention No. 162, and Article 28 of Convention No. 167. Monitoring of exposure levels. Notification to the competent authority. The Committee notes the SAK’s observations on Conventions Nos 115, 136, 139 and 167 expressing concerns regarding the adequate monitoring, in practice, of workers’ exposure levels to benzene and radiation, and shortcomings regarding notifications of carcinogens to the register for workers at risk of exposure to carcinogenic substances and processes (the ASA register), particularly in the construction sector. The STTK, in its observations on Conventions Nos 139 and 162 also refers to an increase in the ASA register, in the period 2010–19, of about 3,000 workers exposed to carcinogens, and of workers exposed to asbestos (4,003 workers in 2019). The Committee takes due note of the Government’s indication that the rising number of workers exposed to carcinogens in the ASA register is linked to greater awareness of statutory notification requirements and to legislative reforms, including the adoption of the Act on the List and Register of Workers Exposed to Carcinogenic Substances and Methods (452/2020). The Committee requests the Government to continue to provide information on any measures taken or envisaged to further strengthen the implementation of statutory requirements regarding the monitoring of workers’ exposure levels to carcinogens, including benzene and asbestos, and of notification requirements to the ASA register.

Article 12 of Convention No. 115, Article 9 of Convention No. 136, Article 5 of Convention No. 139, Article 11 of Convention No. 148, Articles 3, 4 and 12 of Convention No. 161, Article 21 of Convention No. 162, and Article 11 of Convention No. 176. Occupational health services. Health surveillance and medical examinations. Following its previous comments on occupational health services, the Committee notes that one of the objectives of the Government Resolution entitled “Työterveys 2025” (“Occupational Health Care 2025”), published in 2017, is for all employers to have organized appropriate occupational health care, regardless of company size. In this regard, the Committee notes the Government’s indication that 74 per cent of workplaces in Finland have no more than ten employees, according to a 2018 review, and that the Government has undertaken research and other measures to promote occupational health care for small businesses and entrepreneurs. According to the observations of the SAK and the STTK on Convention No. 161, however, some small employers fail to arrange occupational health care at all, and the implementation of occupational health services still has shortcomings, particularly for people engaged in various forms of casual employment, agency work and platform work. The SAK considers that, even in jobs with particular risks, medical examinations and guidance and counselling remain incomplete or wholly unimplemented. In addition, the SAK indicates in its observations under Conventions Nos 162 and 167 that occupational health care is still poorly implemented in the entire construction sector, and that people exposed to asbestos have difficulties securing medical examinations after their employment has ended. The Committee notes the Government’s indication that investigations are being envisaged to determine whether an alternative to the current occupational health card could be found, for the organization and implementation of occupational health care and health monitoring in construction work. The Committee requests the Government to provide further information on the measures taken to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as necessary, after their employment has ended. The Committee also requests the Government to continue to provide information on the measures taken to progressively develop occupational health services for all workers. Additionally, the Committee requests the Government to provide information on the implementation of occupational health services in all sectors, including on the impact of initiatives undertaken in the construction sector in this regard.

Articles 5(c) and 19(d) of Convention No. 155, Article 4(3)(c) of Convention No. 187, Article 22(3) of Convention No. 162 and Article 7(b) of Convention No. 184. OSH training and qualifications. The Committee notes that, in its observations on Conventions Nos 162 and 184, the SAK expresses concerns regarding the adequacy of OSH training for certain workers engaged in asbestos demolition work, such as “posted” workers or entrepreneurs, and for foreign workers engaged in agricultural work. In its observations on Convention No. 187, the SAK also indicates that Finland lacks training criteria or qualification requirements for individuals responsible for OSH at the workplace, including OSH managers responsible for OSH cooperation and OSH representatives. The Committee requests the Government to indicate the measures taken to ensure that adequate and appropriate training and comprehensible OSH instructions and any necessary guidance or supervision are provided to workers in agriculture, taking into account differences in language (Article 7(b) of Convention No. 184). It also requests the Government to provide further information on how employers ensure that all workers exposed or likely to be exposed to asbestos are informed about the health hazards related to their work, instructed in preventive measures and correct work practices and receive continuing training in these fields (Article 22(3) of Convention No. 162). The Committee further requests the Government to indicate whether it envisages adopting training criteria or qualification requirements for persons with OSH responsibilities at the workplace.

A.General provisions

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Article 9 (labour inspection) of Convention No. 155, Article 3(c) of the Protocol and Article 3(3) (national preventive safety and health culture) of Convention No. 187, which responds to its previous requests.

I.Action at the national level

Article 2(1) of Convention No. 187. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. The Committee takes due note of the adoption in 2019 of the policy for the work environment and well-being at work until 2030, developed in consultation with social partners, which specifies the strategy of the Ministry of Social Affairs and Health and guides its operations to ensure OSH at all workplaces, regardless of the form of employment. The SAK and the STTK, in their observations on Convention No. 187, take the view that certain OSH risks have yet to be adequately addressed, including psychosocial risks and OSH risks involved in platform work. In this respect, the Committee notes that the Ministry of Social Affairs and Health has adopted a Mental Health at Work Programme, implemented in cooperation with the Finnish Institute of Occupational Health and other partners. The Committee requests the Government to continue to provide information on the measures taken topromote continuous improvement of OSH and the results thereof, including the impact of the Mental Health at Work Programme.It requests the Government to provide information on measures taken towards the improvement of the OSH of platform workers and to address psychosocial risks of those workers.

Articles 4, 8, 13 and 19(f) of Convention No. 155. Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. Following its previous comments, the Committee notes the measures taken by the Government to reduce threats of workplace violence, including by setting the prevention of violence, harassment and inappropriate treatment in the workplace as an objective of the Implementation Plan for 2022–23 of the policy for the work environment and well-being at work until 2030. The Committee notes that, according to the SAK’s observations on Convention No. 187, threats of physical violence have arisen at approximately one in six workplaces (14 per cent) and direct physical violence had occurred at one in ten workplaces (10 per cent) during the 2017–20 period. The Committee thus requests the Government to provide further information on occurrences where workers have exercised their right to remove themselves from work situations which they had reasonable justification to believe presented an imminent and serious danger to their life or health. The Committee requests the Government to continue to provide information on the impact of measures taken toprevent injury to health, including due to violence and harassment at work.

Article 5(1) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodical review of a national OSH programme. The Committee takes due note of the adoption of the Implementation Plan 2022–23 for the policy for the work environment and well-being at work until 2030. The Committee notes that the actions in the Implementation Plan are monitored annually with reporting and their effectiveness assessed with agreed indicators. The Committee requests the Government to continue to provide information on the evaluation and review of the Implementation Plan 2022–23, in consultation with social partners, as well as on how this evaluation contributes to the formulation of subsequent implementation plans.

II.Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. In reply to its previous request concerning the right of higher-ranking workers to elect OSH representatives, the Committee notes the Government’s indication that senior staff are also deemed to be employees for elections as representatives. The Committee also notes the observations of the SAK on Convention No. 187, underlining that the Act on occupational safety and health enforcement and cooperation on occupational safety and health at workplaces (44/2006) only requires the election of an OSH representative at workplaces with at least ten employees, and that about 20,000 workplaces have fewer than ten employees. The Committee requests the Government to provide information on the election of OSH representatives, in practice, in undertakings with less than ten employees, as well as on any other arrangements to promote cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures in those workplaces.

Occupational Health Services Convention, 1985 (No. 161)

Article 16 of the Convention. Supervision of occupational health services. Following its previous comments, the Committee notes the Government’s information on the results of labour inspections between 2016–21, including its indication that the multidisciplinary nature of occupational health services has clearly improved since 2015, and that only 7 per cent of occupational health care units fell short of satisfying basic conditions. The Committee also notes the observations of the SAK on Convention No. 161, according to which enforcement work in the field of occupational health is usually confined to verifying the existence of an occupational health care agreement. With reference to its preceding comments on the development of occupational health services, the Committee requests the Government to provide further information on measures taken or envisaged to strengthen the supervision of the operation of occupational health services.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3(1) (effective protection of workers in light of available knowledge) and 6(1) (maximum permissible doses) of Convention No. 115, which responds to its previous request.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 1(1) and (3) (list of carcinogenic substances and agents) and 6(a) (national laws and regulations) of Convention No. 139, which responds to its previous request.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (national laws or regulations), 9 (technical and supplementary organizational measures) and 12 (control of the use of processes, substances, machinery and equipment) of Convention No. 148, which responds to its previous request.

Article 16(b) of the Convention. Appropriate inspection. Following its previous comments, the Committee notes the information provided by the Government on the results of inspections undertaken, as well as the observations of the SAK on Conventions Nos 120 and 148, which consider that clean air requirements gained new significance during the pandemic, and that attention should be paid to enforcement regarding air measurements. The Committee notes the Government’s statement that labour inspectors do not always oblige employers to measure airborne exposure levels, if they consider that the risks are assessed and managed by other means. The Committee requests the Government to provide further information on measures taken to strengthen supervision of the application of Convention No. 148.

Chemicals Convention, 1990 (No. 170)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 5 (advance notification, authorization, classification and labelling of chemical substances),and 12(d) (duration for maintaining records) of Convention No. 170, which responds to its previous request.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (coherent national policy),and 9(f) and (g) and 20(c) (consultation of workers and their representatives on the documented system of major hazard control, safety report, emergency plans and procedures and accident reports) of Convention No. 174, which responds to its previous request.

C.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 6 (labour inspection), 10 (comfortable and steady temperature), 14 (sufficient and suitable seats) and 18 (protection against noise) of Convention No. 120, which responds to its previous request.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 34 (reporting on occupational accidents and diseases)and 35(b) (labour inspection services) of Convention No. 167, which responds to its previous request.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3 (policy on safety and health in mines), 5(2)(d) (compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences), 5(4)(a) (mine rescue, first aid and appropriate medical facilities), 5(4)(b) (adequate self-rescue respiratory devices), 5(4)(c) (securing abandoned mine workings), 5(4)(d) (safe storage, transportation and disposal of hazardous substances and waste), 7(b) (safe commissioning, maintenance and decommissioning of mines), 7(c) (measures to maintain ground stability), 7(d) (provision of two exits), 7(g) (operation plan and procedures for a safe system of work), 7(i) (stopping operations and evacuation of workers), 10(b) (supervision of mine work), 10(d) (investigation and report on accidents and dangerous occurrences), 13(1)(f) (selecting OSH representatives), 13(4) (protection against discrimination and retaliation) of Convention No. 176, which responds to its previous request.

Article 10(c) of the Convention. Recording system of the names and probable location of all persons who are underground. The Committee notes that section 23 of the Government Decree on the Safety of Blasting and Excavation Work (644/2011), as amended, requires the provision of a communication and warning system between supervisors and employees that can enable verification of the location of an employee. The Committee requests the Government to provide further information on measures taken to give effect to Article 10(c) in situations other than demolition or blasting work.

Article 13(1)(a) and (b) and 13(3). Rights of workers under national laws and regulations. The Committee notes section 19 of the Occupational Safety and Health Act (738/2002), as amended, which provides a notification obligation for workers to the employer and the OSH representative without delay of any faults and defects discovered in working conditions or working methods, machinery, other work equipment, personal protective equipment or other devices that may cause risk or hazard to the safety or health of employees. The Committee also takes due note of the Government’s statement that, while there are no specific provisions on reporting to authorities, it is normal practice and the starting point for people to communicate with the authorities, even in their capacity as an employee. The Committee nevertheless recalls that, under Article 13(1) and (3), the procedures for the exercise of the right of workers to report accidents, dangerous occurrences and hazards to the competent authority, and their right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the competent authority, shall be specified by national laws and regulations. The Committee accordingly requests the Government to indicate the measures envisaged, including any legislative amendments, to give full effect to Article 13(1)(a) and (b) of the Convention.

Article 13(2)(c). Right of safety and health representatives to have recourse to advisers and independent experts. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with national laws and regulations, safety and health representatives have the right to have recourse to advisers and independent experts.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. Coherent national policy. Following its previous comments, the Committee notes the Government’s indication that no strategies have been prepared yet for specific sectors in Finland. The Committee requests the Government to indicate whether it envisages taking measures to adopt a strategy for the agricultural sector, after consultation with the social partners.

Article 5. Labour inspection in agriculture. The Committee refers the Government to its comments adopted in 2022 under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 19(b). Minimum accommodation standards. The Committee notes the concerns of the SAK in its observations under the Convention, indicating that, because regulations governing accommodation are enforced by several public authorities, no single agency bears primary responsibility. The SAK indicates that employees housed in facilities provided by the employer have reported miserable conditions. The Committee requests the Government to indicate the measures taken or envisaged to ensure the enforcement of accommodation standards for agricultural workers.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration)), 170 (chemicals) and 174 (prevention of major industrial accidents) together.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 6(2) of the Convention. Collaboration of two or more employers at one workplace. The Committee notes the Government’s indication, in reply to its previous request, concerning the elements that are being controlled by the OSH authorities in regard to workplaces where two or more employers undertake activities simultaneously.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the Government’s indication, in reply to its previous request, that where the continued assignment of a worker involving exposure to noise and vibration is considered medically inadvisable, it is now common practice to organize consultations at the workplace level with the worker and employer, an occupational health-care expert, a safety and health representative or a shop steward or other support person. Where an employer is unable to offer an assignment without the inadvisable exposure, a request may be made to the accident insurance company for the compensation of costs for vocational rehabilitation, for example from retraining for work without exposure to air pollution, noise or vibration.

Articles 4, 9, and 16(b). Measures to ensure the protection of workers against hazards from air pollution, noise and vibration. The Committee previously noted the observations made by the Central Organization of Finnish Trade Unions (SAK) concerning the prioritization by enterprises of the removal of occupational hazards over the use of personal protective equipment, as well as their insufficient measurements to control the exposure of workers to air pollution in enterprises, particularly small and medium enterprises (SMEs). In this respect, the Committee notes the Government’s reference to the guidance provided by the competent authorities, particularly targeted at SMEs, on means for removing hazards from air pollution, vibration and noise, and on air measurements. The Committee also notes the Government’s indication that additional resources would be required to intensify control measurements of air pollution by the OSH authorities. Concerning the control activities of the OSH authorities, the Committee notes from the statistical information provided in the 2016 Annual Report of the OSH Administration in Finland that there appears to be a general positive trend in the number of OSH inspectors and inspections. However, it also notes from the statistics provided in the Government’s report that the number of accidents caused by noise and vibration was rising (from 121 in 2009 to 254 in 2013). The Committee requests the Government to provide detailed statistical information on the inspections conducted in the area of air pollution, noise and vibration, the violations detected and the measures taken as a result, with particular reference to the decisions issued by the OSH authorities to remove the cause of occupational hazards, and the number of air measurements undertaken by the OSH authorities. The Committee also requests the Government to continue to provide information on the developments in recent years concerning the number of workplace accidents caused by noise and vibration, as well as the number of cases of occupational disease.

Article 12. Control of the use of processes, substances, machinery and equipment. The Committee previously noted the Government’s indication that there are no notification requirements for employers with regard to the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards, but that the OSH authorities monitor exposure to occupational hazards from air pollution, noise and vibration at the workplace level.

With regard to the previous observations made by the SAK concerning major deficiencies in the supervision of products resulting in the exposure of workers to risks from air pollution, noise and vibration, the Committee notes the Government’s indication that the market surveillance by OSH authorities of machinery and equipment controls the information and instruction requirements where machinery exceeds the statutory value limits with regard to noise and vibration, but not the entry of such machinery on the market. In the absence of any notification and authorization procedures, the Committee requests the Government to provide detailed information on how the competent authorities ensure the control of processes, substances, machinery and equipment, which are likely to expose workers to risks resulting from air pollution, noise or vibration.

Article 14. Research in the field of prevention and control of hazards. The Committee notes the information provided by the Government, in response to its previous request concerning the evaluation of risks due to air pollution, vibration and noise at the workplaces, including in SMEs.

Chemicals Convention, 1990 (No. 170)

The Committee notes the Government’s first report.

Article 5 of the Convention. Advance notification and authorization. Classification and labelling of chemical substances. In its comment on the application of the Occupational Cancer Convention, 1974 (No. 139) published in 2016, the Committee noted that the tripartite Advisory Committee on Occupational Safety Regulation was about to begin work on a legislative reform, and that this reform would include provisions concerning the obligation to register certain chemicals with carcinogenic potential. The Committee requests the Government to provide information on any relevant developments, including on any modified legislative requirements concerning the nature of hazardous chemicals and substances to be notified and authorized, classified and labelled.

Article 12(d). Obligations of employers concerning exposure. Duration for maintaining records. The Committee notes the provisions in the national legislation on the obligations of employers, particularly in the Government Decree on Chemicals at Work (No. 715/2001), giving effect to Article 12(a), (b) and (c) of the Convention. The Committee notes that the Government does not provide information on the duration of records of the monitoring of the working environment and the exposure of workers using hazardous chemicals to be kept. The Committee therefore requests the Government to provide information on the duration of the monitoring requests to be kept, as prescribed by the competent authority (Article 12(d)).

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the Government’s first report.

Article 4 of the Convention. Coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication in its report that the tripartite Advisory Committee on Safety Technology of the Ministry of Employment and Economy drafted a major accident prevention policy related to the use of dangerous chemicals. The Committee requests the Government to provide a copy of that major accident prevention policy.

Articles 9(f) and (g) and 20(c). Consultation of workers and their representatives on the documented system of major hazard control, safety report, emergency plans and procedures and accident reports. The Committee notes that the Government refers to the general provisions on cooperation with workers at the enterprise level in the Occupational Safety and Health Act (738/2002) and the Act on Occupational Safety and Health Enforcement and the Cooperation on Occupational Safety and Health at Workplaces (44/2006). However, the Committee notes an absence of information on the measures taken to give effect to the requirements of Article 20(c) concerning the consultation of workers in the preparation of the safety report of the installation, the emergency plans and the procedures and accident reports. It also notes an absence of information on measures giving effect to the requirements of Article 9(f) and (g) concerning consultation with workers and their representatives on the system of major hazard control, and the discussion with them on the lessons learned concerning the improvement of that system. The Committee requests the Government to specify whether there are specific provisions giving effect to the consultation requirements of workers and their representatives as provided for in Articles 9(f) and (g) and 20(c) of the Convention.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

The Committee notes the observations made by the Central Organisation of Finnish Trade Unions (SAK), communicated with the Government’s report.

Articles 3(1) and 6(1) of the Convention. Effective protection of workers in light of available knowledge; maximum permissible doses. In its previous comment, the Committee noted the SAK’s observations that the dose limits for work-related exposure to radiation defined by the Radiation and Nuclear Authority (STUK) should be stricter on the current research data. The Committee welcomes the Government’s indication in its report that, to implement the new Council Directive 2013/59/EURATOM which establishes new dose limits for the exposure of workers to radiation stricter than the present dose limits in Finland, the Ministry of Social Affairs and Health has started the process to comprehensively reform radiation legislation, and that the SAK is involved in the sub-working group which deals with the sections concerning workers. The Committee notes that, in its last observations, the SAK also refers to this legislative reform. The Committee invites the Government, in the process of reforming its radiation legislation, to take into consideration the indications contained in its general observation of 2015. It requests the Government to provide a copy of any new legislation concerning radiation, once adopted.

Article 12. Medical examinations. With reference to its previous comment, where it noted the SAK’s concerns that health inspections are not carried out on all workers, the Committee notes the Government’s indication that under section 33 of Radiation Act 1512/1991, the medical surveillance of category-A workers (that is, workers whose effective dose caused by their work exceed 6 mSv per year) shall be executed by the approved medical practitioner before the radiation work begins and at least once a year in the course of work. The Committee also notes the indication that during the 2010–15 period, the STUK observed two instances where the health surveillance of a category-A radiation worker was neglected and consequently issued a corrective order. The Government states that the STUK has not observed the manifestation of such negligence especially among short-term workers but that it will pay more attention to this issue in its future inspections. The Committee also notes the Government’s indication that Council Directive 2013/59/EURATOM contains provisions on the protection of outside workers. The Committee takes note of this information.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the Government’s indication, in reply to its request for information, that occupational health care experts monitor the health of workers exposed to radiation and, when necessary due to health reasons, recommend stopping the exposure. If the employer is unable to offer alternative employment to the worker, the accident insurance company can provide compensation for the costs of vocational rehabilitation or, if rehabilitation is not an option, due to for example age or other illnesses limiting a person, there is a possibility for the worker to be provided with a disability pension. The Committee takes note of this information.

Application in practice. With reference to its previous comments where it noted the indication of the SAK that the occupational health-care provisions are not supervised and no statistics are available on the implementation of statutory health inspections, the Committee takes note of the information provided by the Government according to which occupational health and statutory medical examinations are supervised through occupational safety inspections, whose guidelines provide that if the employer has neglected to arrange medical examinations in work that presents a special risk of illness, the inspector issues an improvement notice to the workplace. The Committee also notes that according to the Social Insurance Institution of Finland, an average of one million occupational medical examinations are performed annually and that 17 per cent of examinations in 2011 and 20 per cent in 2012 were performed because of a special risk of illness.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations of the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), communicated with the Government’s report.

Articles 2 and 9 of the Convention. National policy and multidisciplinary occupational health services. The Committee notes the Government’s indication in its report, in response to its previous request for further information on the multidisciplinary nature of occupational health services, that according to data from 2010 on the implementation of the Occupational Health Care Act, 94 per cent of caregiving organizations had a specialist nurse, 63 per cent had a specialist physician, 82 per cent had a physiotherapist and 67 per cent had a psychologist. In this respect, 73 per cent of clients obtained services from an occupational health care service provider with a team comprising qualified nurses and doctors. The Government also provides information on the adoption in 2013 of the updated Government Decree on the principles of good occupational health practice, the content of occupational health care and the educational qualifications required for professionals and experts. The Committee takes note of this information.

Articles 3 and 4. Development of occupational health services for all workers in consultation with the social partners. The Committee notes the Government’s indication that public and private employers are required to arrange occupational health-care services for all staff, including employees made available to them from other entities. In 2010, occupational health care covered 91 per cent of wage earners, while small enterprises had the lowest coverage rate and only 60 per cent of workplaces with fewer than ten employees were covered. The Committee notes that the AKAVA considers that the obligation to arrange occupational health-care services is not implemented as required by the Convention. In this respect, the Government provides that it has implemented several projects to increase the provision of occupational health care for small enterprises, and that measures aimed at improving occupational health-care coverage in small enterprises were prepared on a tripartite basis in 2015. The Committee requests the Government to continue providing information on the development of occupational health services for all workers, and particularly the implementation and impact of the measures prepared in 2015 to improve coverage in small enterprises, as well as on the consultations undertaken in this regard.

Article 16. Supervision of occupational health services. The Committee notes the Government’s indication that between 2011 and 2015, the focus of occupational safety and health enforcement was to supervise the provision of occupational health care, and that instructions were issued in 2013 that inspections should verify that employers have concluded agreements for the provision of occupational health care. Since 2011, there have been 26,275 inspections of the provision of occupational health care, resulting in 1,637 advisory notices, 2,780 improvement notices and the submission of 50 cases directly to the occupational safety and health authorities. However, the SAK observes that the health authority does not monitor the actual content of occupational health-care services. It refers in this regard to reports of occupational diseases being identified at workplaces with no corrective measures being implemented. The AKAVA emphasizes that inspections are more often conducted in business entities with a workforce of at least 50 employees, with significant variations in the number of inspections undertaken between sectors. Moreover, both the SAK and AKAVA note that only 86 per cent of inspected workplaces with a special risk of disease have undertaken the required medical examinations. The Committee requests the Government to continue providing information on the measures taken to strengthen the supervision of the operation of occupational health services.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 17(1) of the Convention. Removal work. The Committee previously noted observations by the Finnish Construction Trade Union, a member of the Central Organisation of Finnish Trade Unions (SAK), indicating that asbestos removal work was being conducted and supervised by persons with inadequate training, that there were no qualification requirements for persons who conduct asbestos mapping, and that the authorization for working and removal of asbestos had been transferred to entities without the necessary qualifications through mergers and acquisitions.

In this respect, the Committee notes with interest the adoption of the Government Decree on Safety of Asbestos Work (798/2015), which contains requirements for the qualifications of persons carrying out survey work. Section 3 of the Decree requires employers, pursuant to their duty to analyse and assess the exposure of employees to asbestos, to undertake regular air measurements, and specifies that the person carrying out the measurements must have the necessary vocational skills to take and assess samples. Section 7 of the Decree provides that the developer or other party steering or controlling a construction project that may include asbestos removal work shall ensure that an asbestos survey is carried out, and that the person carrying out the asbestos survey shall be acquainted with asbestos, its occurrence and the demolition of structures and vocationally competent to carry out the planned survey. Section 7(5) provides that these requirements also apply to the employer exercising the main authority in a shared workplace. The Government indicates in its report that the Decree was prepared by the tripartite Advisory Committee on Occupational Safety Regulations, taking into account the observations of the SAK. Moreover, the Government indicates that the Occupational Safety and Health Act was amended in 2013 to require the keeping of a list of workers engaged on the same construction site, which will promote the monitoring of asbestos exposure.

Article 20(2) and (3). Records of the monitoring of the working environment and access to records. The Committee previously noted the observations of the SAK that the register of workers at risk of exposure to carcinogenic substances and processes (the ASA register) does not maintain records on the exposure of workers working in Finland but employed by companies registered outside the country. In this respect, the Committee notes the Government’s statement that exposure information for workers of companies registered in other countries should be gathered collectively in the system of the country of origin, as this would enable a complete picture of total exposure. The Committee requests the Government to provide information on the measures taken to ensure that the workers concerned, their representatives and the inspection services have access to these records, pursuant to Article 20(3) of the Convention.

Article 21(1). Medical examinations. The Committee previously noted the observations of the SAK that, despite the legislative requirements, medical examinations are not always provided for workers exposed to asbestos after their employment has ended and that workers employed by companies registered outside Finland are not provided with the statutory medical examinations and health monitoring services. The Committee notes the Government’s reply, referring to the Decree on Medical Examinations in Work that Presents a Special Risk of Illness (1485/2001) and indicating that the Decree applies to temporary and posted workers, pursuant to section 2 of the Posted Workers Act (1146/1999). The Government states that compliance with these requirements is monitored, and that informative guidance has been provided with a view to improving awareness in this respect. The Government also indicates that, pursuant to targeted monitoring of companies with a licence to perform asbestos removal undertaken in 2011, one of the most frequently noted shortcomings was related to the monitoring of the health of workers performing asbestos removal. The Committee requests the Government to continue providing information on the measures taken in practice to ensure that all workers who have been exposed to asbestos are provided with the necessary medical examinations to monitor their health.

Article 21(4). Provision of other means of maintaining income. The Committee notes the information provided by the Government in response to its previous request indicating that, if employees are not able to continue working without compromising their health, a consultation is undertaken between the worker, the employer and an expert on occupational health care, as well as a safety and health representative or a shop steward. If the workplace is unable to offer another position for the worker, accident insurance covers the costs incurred in vocational rehabilitation, including retraining. If age or illnesses limit a person’s ability to work, a disability pension may be provided. The Committee takes note of this information.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

With reference to its previous comments, the Committee notes the information provided by the Government on the effect given to Articles 2 and 15 of the Convention.

Legislation. The Committee notes the information provided by the Government regarding the amendment of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health (No. 44/2006) in 2011 (No. 1327/2011) and 2013 (No. 603/2013) and the amendment of the Government Decree on the Safety of Machines (400/2008) in 2011 (265/2011). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application of the Convention in practice. The Committee notes the general information provided by the Government according to which the number of occupational safety and health inspections has increased from 20,072 in 2010 to 24,145 in 2014 and that, in the course of these workplace inspections, the number of statements to police and prosecutors varied between a high of 855 in 2012 to a low of 542 in 2014, the number of prohibitions on use have increased from 14 in 2010 to 50 in 2014 and the number of binding decisions has varied between a low of 200 in 2011 to a high of 252 in 2013 (it was 229 in 2014). The Committee requests the Government to provide information specific to the application of this Convention, including on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the information provided by the Government regarding the amendments of Occupational Safety and Health Act No. 738/2002 in 2012 (No. 396/2012) and 2013 (Nos 329/2013 and 364/2013). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 6 of the Convention. Labour inspection. Article 10. Temperature at the workplace. Article 14. Sufficient and suitable seats supplied for workers. Article 18. Protection against noise. Application in practice. With reference to its previous comments where it noted the concerns expressed by the Central Organization of Finnish Trade Unions (SAK) in relation to the application of these provisions, the Committee notes the information provided by the Government and in particular the fact that inspections are conducted in workplaces of all sizes and used to monitor the working conditions in these workplaces. The Committee requests the Government to provide information on the application of the Convention in practice, including relevant excerpts of labour inspection reports, the number, nature and cause of occupational accidents and diseases reported, the number and nature of the contraventions reported, etc.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

With reference to its previous comments in relation to the application of Article 1(1) of the Convention, the Committee notes the information provided by the Government on the application of the Convention to shipyards through the Decree on the Safety of Construction Work (No. 205/2009).

Article 34. Reporting on occupational accidents and diseases. With reference to its previous comments in relation to the observations by the Central Organization of Finnish Trade Unions (SAK), the Committee notes the Government’s indication that official statistics do not include the occupational accidents which occur to “posted” foreign workers insured outside Finland by their employers, and that there is no possibility to change this situation with legislation or by applying administrative obligations. The Committee also notes the indication that the Ministry of Social Affairs and Health is aware that the termination of the register for the health monitoring of construction workers (RAKETTI) has worsened occupational health care in the construction industry. Furthermore, the Committee notes that the Government has not responded to the previous observation of the SAK according to which occupational health-care services in the construction industry are poor, with inadequate accommodation for workers and workspaces. Recalling the broad scope of the Convention applicable to all workers, the Committee requests the Government to take the necessary measures to ensure that all occupational accidents and diseases which occur in the construction industry, notwithstanding the type of insurance of the workers concerned, are reported to the competent authority and to provide information in this respect. It also once again requests the Government to provide information on the measures taken to respond to the observations of the SAK as regards the functioning of the occupational health-care services in the construction industry.

Article 35(b). Provision of appropriate labour inspection services. Application in practice. The Committee notes the information provided by the Government according to which an average of 5,000 inspections, covering about 90,000 workers, were conducted annually in the construction industry during the 2010–14 period, and during which an average of 10,000 instructions to improve working conditions were issued. It also notes the indication that the registration and monitoring of inspection allocations, instructions issued and binding instructions have become much more efficient since the introduction of the VERA electronic inspection implementation system. Furthermore, the Committee notes that the number of workplace accidents in the construction industry among wage earners, resulting in incapacity lasting four working days or more during the 2009–13 period has remained relatively stable, with the number of accidents in construction decreasing from 39 annually in 2009, 2010 and 2011 to 34 in 2013. Noting the broad scope of the Convention and that the definition of “worker” in Article 1 refers to any person engaged in construction (not only wage earners), the Committee requests the Government to provide full and detailed information on the application of the Convention in practice, including information on the number of workers (including as a percentage of those engaged in construction) covered by the legislation, the number and nature of the contraventions reported, and the number and nature of occupational accidents and cases of occupational disease reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), communicated with the Government’s report.

With reference to its previous comment, the Committee notes the information provided by the Government on the effect given to Article 6(3) of the Convention concerning the measurement of the concentration of benzene.

Article 9. Medical examination of workers. With reference to its previous comments, the Committee notes the information provided by the Government on the training of future occupational hygienists and the training of licenced physicians in occupational health care, but that no further information is provided on the measures taken to ensure that all workers concerned undergo pre-employment and periodic medical examinations. The Committee requests the Government to provide detailed information on the measures taken to ensure that all workers employed in work processes involving exposure to benzene or to products containing benzene undergo pre-employment and periodic medical examinations.

Application in practice. With reference to its previous comment, the Committee notes that the Government indicates that the Finnish Institute of Occupational Health collects information on worker exposure to benzene using both air measurements and biological samples and that, considering the number of workers exposed to benzene has remained steady for many years, preventive procedures should be developed, including the provision of information and the induction and training of workers. According to the statistics provided by the Government, 1,675 workers (1,557 men and 118 women) were exposed to benzene in 2012 and the most common occupations of exposed workers included mechanics or repairpersons working on motor vehicles, aircrafts and agricultural and industrial machines, plastic processing machine operators, and oil or gas refinery process operators. The Committee also notes that the SAK continues to express concerns as regards the exposure of workers to benzene. The SAK observes that the number of workers exposed to benzene, as reported in the register for workers at risk of exposure to carcinogenic substances and processes (ASA register), has not decreased in the past decade. The SAK also states that the exposure of workers is not comprehensively assessed and that approximately 2,000 to 3,000 workers in the motor fuel supply chain and 8,000 service station workers can occasionally be exposed to benzene. The Committee requests the Government to provide information on the preventive measures that have been taken with a view to decrease the number of workers exposed to benzene or decreasing products containing benzene. It also requests the Government to continue to provide information on the application of the Convention in practice, including statistics on the number of workers exposed to benzene or products containing benzene, the number and nature of infringements reported and the measures taken to address them, and the number and nature of cases of occupational disease reported.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the information provided by the Government in its report, in reply to its previous comment, on Articles 14 (animal handling) and 20 (working time arrangements) of the Convention.

Article 4. National policy. The Committee notes the Government’s indication in its report that the activities of the Occupational Health and Safety Administration (OHSA) are guided by Socially Sustainable Finland 2020, the strategy adopted in 2011 by the Ministry of Social Affairs and Health, and by the Policies for the work environment and well-being at work until 2020, which concern all working life in the country and therefore do not contain sector-specific goals. The Committee also notes the indication that while it was decided that no progress reports would be done regarding the implementation of the strategy and the Policies, the tripartite Advisory Committee on Occupational Safety and Health (OSH) has reviewed the aspects relating to the OHSA and the social partners will collaborate with the OHSA to carry out the goals and activities of the Policies. Furthermore, the Committee notes that as part of a preliminary study on a modern accident programme, commissioned by the Department for Occupational Safety and Health in 2014, a study was conducted on the accumulation of occupational health problems among agricultural entrepreneurs in order to enable a better targeting of preventive measures in organizations promoting occupational safety. The Committee requests the Government to continue to provide information on its national policy in agriculture, particularly with regard to its targeted focus and outcome. The Committee also requests the Government to provide details on the review process of the national policy, the involvement of the social partners in this process and the manner in which past progress is used to formulate future policies.

Article 5. Labour inspection. With reference to its previous comments, the Committee notes the Government’s indication that agricultural enterprises in the country are mainly micro-enterprises and that inspection activities targeted at agriculture are therefore mainly targeted toward small enterprises. It also notes the indication that between the months of June 2010 and December 2014, a total of 2,102 primary production workplaces were inspected. With reference to the 2010 observations of the Central Organization of Finnish Trade Unions (SAK), the Committee notes the indication of the Government that inspectors must be able to carry out inspections in different industry sectors and that they are consequently chosen and trained to be multi-skilled, in addition to receiving necessary additional training in different areas of responsibility and on a national basis. Furthermore, the Committee notes that due to the fact that the lines of production that employ seasonal workers are centred in different parts of the country, the evaluation of inspection targets relating to the application of the Convention to young workers and foreign seasonal workers in berry picking and horticulture is carried out on a regional level. The Department of OSH, in an attempt to provide a clear picture of the implementation of supervision and its results on a national level, has concluded an agreement for the OSH responsibility area of eastern Finland to coordinate the supervisory projects in agriculture, beginning in 2014. The Committee requests the Government to provide further information on the measures taken to ensure that there are a sufficient number of inspectors specializing in agriculture. It also asks the Government to provide information on the outcome of the coordination of the supervisory projects in agriculture by eastern Finland, particularly with regard to the goal of obtaining a clear picture of the implementation of supervision and its results on the national level.

Application in practice. The Committee notes the statistical information provided by the Government on the number of accidents in agriculture, forestry and fishing for the 1999–2013 period, and notes in particular that the number of accidents has remained relatively steady since 2005, when the reform on health care full-cost renewal was implemented. The Committee also notes the information provided by the Government in its report on the application of the Labour Inspection (Agriculture) Convention, 1969 (No. 129), which indicates that there was one suspected case of occupational disease recorded per 262 wage earners in agriculture and one case per 862 wage earners in forestry, with the most common occupational diseases in primary production including respiratory allergies, dermatopathies, noise trauma and stress injuries. In this regard, the Committee notes the indication that agricultural entrepreneurs or workers do not need to know the mechanism for reporting occupational diseases, as this is covered by the statutory health-care services. The Committee requests the Government to provide a general indication of the manner in which the Convention is applied in the country, including information on the number of workers protected by the measures giving effect to the Convention, including the number of seasonal workers and foreign workers, the number and nature of infringements reported, and the number, nature and cause of accidents reported, among others. It also requests the Government to provide further information on the measures taken to ensure that all occupational diseases and suspected cases of occupational diseases are reported to the competent authority.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Mining Act (No. 621/2011), the Decree on Mining Activities (No. 391/2012), the Decree on Mining Safety (No. 1571/2011) and the Decree on the Safety of Blasting and Excavation Work (No. 644/2011), which give effect to most of the Articles of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 3 of the Convention. Policy on safety and health in mines. The Committee requests the Government to provide information on the measures taken after consultation with the most representative organizations of employers and workers concerned, to formulate, carry out and periodically review a policy on safety and health in mines.

Articles 5(4)(a) and 9(d). Provision of appropriate medical facilities and transportation from the workplace. The Committee notes the information provided by the Government on first aid and mine rescue, but notes that no information is provided with regard to the provision of appropriate medical facilities, pursuant to Article 5(4)(a) of the Convention, or relating to the obligation of employers to provide workers who have suffered from an injury or illness at the workplace with appropriate transportation from the workplace and access to appropriate medical facilities, as required under Article 9(d). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that appropriate medical facilities and appropriate transportation are provided to injured or ill workers.

Article 5(4)(b). Obligation to provide and maintain adequate self-rescue respiratory devices. The Committee notes that pursuant to section 15(2) of the Occupational Safety and Health (OSH) Act, employers shall acquire and provide for use by employees auxiliary equipment or other devices whenever the nature of the work, the working conditions or appropriate work performance require it and when it is necessary in order to avoid the risk of injury or illness. The Committee notes however that the legislation specific to mining does not contain a provision on self-rescue respiratory devices to be provided to workers in underground coal mines and other underground mines, when necessary, in accordance with Article 5(4)(b) of the Convention. The Committee requests the Government to provide information on the measures taken to ensure that employers have the obligation to provide and maintain adequate self-rescue respiratory devices for workers in underground coal mines and other underground mines, where necessary.

Article 5(4)(d). Safe storage, transportation and disposal of hazardous substances and waste. The Committee notes that section 11 of the Decree on the Safety of Blasting and Excavation Work regulates the storage of explosives in the workplace and that section 13 of the Mining Act provides that the exploration permit holder must prepare a waste management plan for extractive waste. The Committee requests the Government to provide further information on the measures taken to ensure the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine.

Article 7(c). Measures to maintain ground stability. The Committee notes that section 2(8) and (9), of the Decree on Mining Safety provide that the mine must be planned, designed and constructed so that rock structure is taken into account and tunnels are strengthened. The Committee requests the Government to provide further information on the steps taken to ensure the maintenance of the stability of the ground in areas to which people have access in the context of their work.

Article 7(d). Provision of two exits, each of which is connected to separate means of egress to the surface. The Committee notes that section 32(3) of the OSH Act provides that workplaces shall have a sufficient number of appropriate means of egress and rescue access routes, which must always be kept free. The Committee notes however that legislation specific to mining does not contain a provision specifically requiring two exits from every underground workplace. The Committee requests the Government to provide specific information on the measures taken to ensure that, whenever practicable, two exits are provided from every underground workplace, each of which is connected to separate means of egress to the surface.

Article 7(g). Operation plan and procedures for a safe system of work. The Committee notes that pursuant to section 3 of the Decree on the Safety of Blasting and Excavation Work, the employer must prepare a safety plan for blasting and excavation work. Noting an absence of information on measures taken with respect to other hazards, the Committee requests the Government to provide information on the measures taken to ensure that employers draw up and implement an operating plan and procedures to ensure a safe system of work and the protection of workers, including but not limited to, blasting and excavation work.

Article 10(b). Supervision of mine work. The Committee notes that pursuant to section 8 of the Decree on the Safety of Blasting and Excavation Work, demolition work is managed and monitored by the workplace director of blasting work and that demolition work must not start before the director is named. The Committee requests the Government to provide information on the measures taken to ensure that adequate supervision and control are provided on each shift to secure the safe operation of the mine, including but not limited to blasting and demolition work.

Article 13(4). Protection against discrimination and retaliation. The Committee notes that section 23(4) of the OSH Act provides that workers who remove themselves from work shall not be liable for the losses caused by this action. However, it notes an absence of information on the exercise, without discrimination or retaliation, of the other rights referred to in Article 13(1) and (2) of the Convention. The Committee requests the Government to provide information on the measures taken to ensure that all of the rights referred to in Article 13(1) and (2) can be exercised without discrimination or retaliation.

Article 5(2)(d). Compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences. Article 5(4)(c). Protective measures to secure abandoned mine workings. Article 7(b). Safe commissioning, maintenance and decommissioning of mines. Article 7(i). Stopping operations and evacuation of workers to a safe location. Article 10(c) and (d). Investigation and report on accidents and dangerous occurrences. Article 11. Health surveillance of workers. Article 13(1)(a) and (b) and (f). Report of accidents, the right to request and obtain inspections, and the right to collectively select safety and health representatives. Article 13(2). Rights of safety and health representatives. The Committee notes that no information is provided on the application of these provisions of the Convention. The Committee requests the Government to provide information on the effect given in law and practice to Articles 5(2)(d), 5(4)(c), 7(b) and (i), 10(c) and (d), 11, 13(1)(a) and (b) and (f) and 13(2) of the Convention.

Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country, including, for example, extracts from inspection reports and, where such statistics exist, information on the number and nature of the infringements reported, the number and cause of accidents recorded and the measures taken to remedy them.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the joint observations of the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA) and the Central Organisation of Finnish Trade Unions (SAK), communicated with the Government’s report, in which they indicate that they refer to their observations communicated in 2010.

The Committee also notes the information provided by the Government, in reply to its previous comments, concerning Articles 4(1) (maintain, progressively develop and periodically review a national system for occupational safety and health (OSH)), 4(3)(c) (provision of OSH training), (g) (collaboration with relevant insurance or social security schemes), (h) (OSH information and advisory services, and the supporting mechanisms for progressive improvements of OSH in micro-enterprises, in small and medium-sized enterprises and in the informal economy) and 5(2) (requirements to be met by the national programme) of the Convention.

Article 2(1) of the Convention. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. The Committee notes that in its 2010 observations, the SAK stated that the OSH Strategy of the Ministry of Social Affairs and Health (the Ministry) did not meet the needs for working life, did not include a section on occupational health and occupational health care and did not include measures related to mental health and work-related illness. In this regard, the Committee notes the Government’s indication that Government Decree No. 708/2013 on the principles of good occupational health practice, the content of occupational health care and the educational qualifications required of professionals and experts, introduced the concept of occupational health cooperation between employers, workers and their representatives and occupational health care providers in implementing the Occupational Health Care Act. It also notes that Socially Sustainable Finland 2020, the policy adopted in 2011 by the Ministry, and the Policies for the work environment and well-being at work until 2020 address the importance of mental well-being and maintain that occupational diseases and mental health problems must be reduced. The Committee requests the Government to continue to provide information on its efforts to promote the continuous improvement of OSH through the development of a national policy, national system and national programme.

Article 3(3). Promoting basic principles and developing a national preventive safety and health culture that includes information, consultation and training. With reference to the observations submitted by the SAK in 2010, the Committee notes the information provided by the Government on the 2011 OSH policies, which pay particular attention to OSH in relation to the working environment and well-being at work through the planning of activities based upon a sufficient knowledge base, stakeholder cooperation, systematic monitoring and analysis of the operating environment and coordination in project and development activities. The Committee also notes the indication that, in addition to the creation of an OSH network aimed at effectively improving the working environment and well-being at work through cooperation at the national, local and workplace levels, legislative instruments on OSH will be drafted in cooperation with social partners in order to keep them updated and in accordance with the needs of working life. The Committee requests the Government to provide detailed information on the consultations held with the most representative organizations of employers and workers in relation to the formulation of the national policy on OSH, and to continue to provide information on the measures taken to give effect to this Article of the Convention.

Article 5(1). Formulation, implementation, monitoring, evaluation and periodical review of a national programme on OSH. The Committee notes that in its 2010 observations, the SAK emphasized that the national OSH policy should be monitored and assessed on a regular basis, which required improved statistics, a more detailed analysis of occupational accidents, as well as the reporting and compilation of statistics on all cases of occupational diseases, work-related illnesses and hazardous and dangerous occurrences. In this regard, the Committee notes the information provided by the Government according to which the effectiveness of occupational health care is assessed through its annual report and through the monitoring of absences due to sickness, occupational accidents and occupational diseases. It also notes the indication that the Advisory Committee on OSH regularly discusses the implementation of the OSH policy and adopts follow-up reports every three years. The Committee requests the Government to continue to provide information on the measures taken to formulate, implement, monitor, evaluate and periodically review its national programme on OSH, and to provide information on the consultations held in this regard with the most representative organizations of employers and workers.

Application in practice. The Committee notes the information provided by the Government, attached to its report on the application of the Labour Inspection Convention, 1947 (No. 81), which indicates that 22,340 workplace inspections were conducted by the OSH Authorities in 2013, during which 8,223 improvement notices were made, 979 occupational accidents and 50 occupational diseases investigated, and 230 OSH offences and breaches reported to the police for investigation. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and cases of occupational disease reported, and disaggregated by sector.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), communicated with the Government’s report.

With reference to its previous comments, the Committee notes the information provided by the Government in its report on the effect given to Article 6(c) of the Convention concerning appropriate inspection services for the purpose of supervising the application of the Convention.

Articles 1(1) and (3) and 6(a) of the Convention. List of carcinogenic substances and agents. With reference to its previous comments, the Committee notes the Government’s indication in its report that the tripartite Advisory Committee on Occupational Safety Regulations is about to begin work on a legislative reform, modifying the legislation so that the new decree would include provisions on the obligation to register all of the chemicals with a hazard statement indicating carcinogenic potential, as defined in the EU Regulation on Classification, Labelling and Packaging (No. 1272/2008). It also notes the indication that other substances and agents not listed in EU Regulation No. 1272/2008 would be separately listed in the decree. Furthermore, the Committee notes the indication of the SAK that the list of carcinogenic substances and agents which must be reported to the register for workers at risk of exposure to carcinogenic substances and processes (the ASA register) should be updated by including workers exposed to certain substances, including formaldehyde and crystalline silica. The Government indicates, in reply, that the exposure agents referred to by the SAK would mostly be covered by hazard statements, and that other necessary measures would be taken into account during the preparation of the decree. The Committee requests the Government to provide information on developments concerning the legislative reform on the obligation to register hazardous chemicals and substances and to continue to provide information on the manner in which the observations of the SAK are taken into account in the process.

Article 2. Replacement of carcinogenic substances and agents by non-carcinogenic or less carcinogenic substances and agents. The Committee notes the information provided by the Government regarding the decreasing number of workers exposed to carcinogenic substances between 2007 and 2012, including environmental tobacco smoke (from 6,986 to 69), asbestos (from 1,298 to 1,022) and ethylene thiourea (from 51 to 4), and that the quantity of formaldehyde manufactured or imported to Finland has decreased from 57,000 tonnes in 2007 to 33,000 tonnes in 2014. The Committee also notes that according to the SAK, more work is necessary to decrease the exposure of workers and replace harmful substances with less harmful ones. The Committee requests the Government to continue to provide information on the measures taken to replace carcinogenic substances and agents by non-carcinogenic or less carcinogenic substances and agents and to decrease the exposure of workers to such substances.

Article 3. Protection of workers and registration of workers exposed to carcinogenic substances and agents. The Committee notes that in response to the concerns expressed by the SAK in 2010, the Government indicates that regardless of their form of employment, workers who have been exposed to carcinogenic substances should be registered in the ASA register, that employers must organize statutory occupational health care and that inspectors monitor employers’ compliance with these obligations. The Committee also notes the indication that periodic medical examinations are not a prerequisite for receiving compensation for an occupational illness and that pursuant to section 3 of the Occupational Diseases Act (No. 1343/1988), employers are liable for providing compensation when the work performed in their service might have last caused the illness, regardless of whether periodic medical examinations were conducted or not. Furthermore, the Committee notes the indication of the SAK that doubts remain as to whether every workplace is aware of the procedure to report the workers exposed to carcinogenic agents to the ASA register and that occupational hygiene measurements to gather information on exposure agents are only conducted in some workplaces, which can cause problems later on for ill workers claiming compensation. The Committee requests the Government to provide information on the measures taken to respond to the issues raised in the observations of the SAK as regards the reporting of workers exposed to carcinogenic substances and agents to the ASA register, and conducting occupational hygiene measurements in workplaces.

Application in practice. The Committee notes the information provided by the Government that the number of workers added to the ASA register, which steadily decreased from 23,551 in 2007 to 16,063 in 2010, has increased to 16,854 in 2012. It also notes that, in the course of 408 inspections relating to employers’ reporting obligation to the ASA register, 140 employers were given written advice to improve the situation, improvement notices were issued in six cases and one case was transferred to the authorities for decision. Furthermore, the Committee notes the specific information on inspections conducted in relation to workers’ exposure to asbestos and tobacco smoke. The Committee requests the Government to continue to provide relevant statistical information on the application of the Convention in practice, including information on the number and nature of the contraventions reported, the number, nature and cause of cases of disease, etc.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Central Organisation of Finnish Trade Unions (SAK), communicated with the Government’s report.

It also notes the information provided by the Government regarding the effect given to Articles 4 (on national policy), 14 and 19(d) of the Convention, (on occupational safety and health training).

Article 9. System of inspection. With reference to its previous comments, the Committee notes the Government’s indication that workplace monitoring during the 2012–15 period was conducted with a view to avoiding and reducing harmful workplace factors, including threats of violence by customers, harmful harassment and inappropriate treatment. The Committee notes that AKAVA reiterates the concerns it raised in its 2010 observations and indicates that the abolition of occupational safety and health (OSH) inspectorates and the merging of the OSH authority with the state regional administration have made accessibility to the OSH authority more difficult for private customers. In this regard, the Committee requests the Government to refer to its previous comments under the Labour Inspection Convention, 1947 (No. 81).

Articles 4, 8, 13 and 19(f). Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. With reference to its previous comments, the Committee notes the Government’s indication that the provisions on work-related violence include section 27 of the Occupational Safety Act on the threat of violence, section 12 of the Occupational Health Care Act and section 2 of the Government Decree 1485/2001 on Medical Examinations in Work that Presents a Special Risk of Illness, and that the OSH Administration published guidelines in 2010 for the monitoring of physical violence and its threat, valid until the end of 2014. In this regard, the Committee notes that AKAVA refers to its 2010 observation and indicates that work-related violence and threats of violence occur daily, especially in fields of public sector employment like health care, social services and education, making it a continuous accident risk. AKAVA also reiterates the 2010 statement of the Union of Professional Social Workers Talentia on the inadequacy of the national legislation and guidelines and the fact that workers who evaluate their duties as posing a major threat, and consequently refuse to perform them, can be considered as refusing to work without a valid reason. The Committee requests the Government to provide further information on the measures taken or envisaged to prevent accidents and injury to health occurring in the context described by AKAVA. It also requests the Government to provide information on the measures taken to ensure the adequate protection of workers from undue consequences relating to their removal from situations presenting an imminent and serious danger.

Article 20. Cooperation at the level of the undertaking. The Committee notes the observations of AKAVA according to which higher-ranking workers do not have a statutory right to elect their own OSH representatives and that, as a result, the work-related strain and risk factors affecting these workers are not sufficiently discussed in workplaces’ cooperation schemes on OSH. The Committee requests the Government to respond to the matters raised by AKAVA in its next report.

Article 3(c) of the Protocol. Duration for maintaining records. With reference to its previous comments, the Committee notes that the Government does not clarify the meaning of “a suitable period of time” with regard to the maintenance of records. The Committee therefore once again requests the Government to provide clarification as to the practical meaning of “a suitable period of time” with regard to the obligation of employers to maintain records on occupational accidents.

Application in practice. The Committee notes the information provided by the Government according to which compensation was paid for 117,000 occupational accidents in 2014 by the Federation of Accident Insurance Institutions, and that 20 workers died in workplace accidents both in 2013 and 2014, in addition to 12 deaths in commuting accidents in 2013. It also notes that indicators for accident frequency have remained stable between 2013 and 2014, with the highest accident frequency recorded in the sectors of construction and administrative and support services. With regard to occupational diseases, the Committee notes that 4,602 cases of occupational disease were compensated in 2013, as compared to 4,404 in 2012, that one of the most common diseases relates to noise trauma and that the occurrence of occupational diseases, in proportion to the number of workers, is highest in the sector of vehicle preparation. The Committee requests the Government to continue to provide information on the application of the Convention in practice, the number, nature and cause of occupational accidents and cases of disease registered, and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided including the new legislation which gives further effect to the Convention. The Committee also notes the information provided regarding new legislation, including, in particular, the Government Decree on safety of machines (400/2008) regarding requirements for the design and construction of machinery. The Committee further notes the communication from the Central Organization of Finnish Trade Unions (SAK) included in the Government’s report.

Article 2 of the Convention. The sale, hire and transfer of machinery. The Committee notes that, in response to the concerns previously raised by the SAK regarding the importation of non-European market machinery into the country, the Government only refers to the fact that the Ministry of Social Affairs and Health monitors the origin of imported machinery and does not respond to the Committee’s previous query regarding the 2001 national occupational accident prevention programme; the plans to control the market of machinery and equipment to prevent the penetration of the Finnish market by dangerous machinery, in cooperation with other European and Nordic market control authorities, and the supervision projects implemented between 2003–05 which focused on the preconditions for products to be allowed on the market and their user safety. The Committee requests the Government to provide further information on the impact of the accident prevention and supervision projects implemented in 2001 and 2003–05, respectively, and to comment on the comments submitted by the SAK regarding dangerous machinery penetrating the Finnish market.

Article 15. Labour inspection services. With reference to its previous comments the Committee notes that the SAK continues to voice concerns regarding the number of occupational accidents related to the use of machines and devices, and the insufficient resources available for market surveillance. The SAK also observes that the market surveillance lacks organization; that it mainly consists of random contacts in response to dangerous occurrences or accidents and that, as the distinction between products marketed for consumer use and occupational use remains problematic, the exchange of information and cooperation between authorities should be promoted. The Committee notes that the Government responds by referring to the fact that the Ministry has organized training for inspectors with the aim of implementing and developing more effective inspections and that the market surveillance authority experts and Regional State Administrative Agencies’ inspectors convene mainly twice a year on the subject of the market surveillance of machinery. Noting that the Government also reports that the number of occupational safety and health inspections declined from 20,477 in 2008 to 19,916 in 2009, the Committee requests the Government to provide detailed information in its next report on the application of the Convention in practice taking into account the comments raised by the SAK.

Part V of the report form. Application in practice. The Committee notes the information provided regarding a number of campaigns and other initiatives, including the Occupational Safety to the Top of the World List Programme
2001–05 and the Zero Accident Forum which both, reportedly, have had a positive impact. The Committee also notes the statistical information submitted that the proportion of occupational accidents per 100,000 employees, involving employees in the woodworking industry, and for which compensation was paid, declined by more than 10 per cent between 2005 and 2008. It also notes the more general information that in the case of all workplace inspections for the period 2005–09 the number of notifications and statements to the prosecutors varied between a high in 2005 of 358 and a low in 2008 of 196, and that both the number of prohibitions on use and the number of binding decisions increased sharply from 53 and 39 in 2005 to 353 and 184 in 2009. The Committee requests the Government to continue to provide detailed information and statistics on the application of this Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information and new legislations contained in the Government’s report including the comments submitted by the Central Organisation of Finnish Trade Unions (SAK). With respect to the comments by the SAK and one of it’s members, JHL, on temporary and fixed-term employees, issues arising out of working alone and the arrangement of statutory breaks, and certain working environments causing distributions to employees’ circadian rhythms, the Committee refers to its comments under Convention No. 155.

Article 6 of the Convention. Labour inspections. The Committee notes the Government’s statistical report on labour inspections carried out during 2006 to 2009. The Committee further notes the occupational safety and health regional administration focus during the contract period of 2008 to 2011 on controlling threats of violence from customers, manual lifting, moving and repetitive tasks in the trade sector. The Committee also notes in regard to this aspect the concerns expressed by the SAK on inadequate labour inspections. Several workplaces schedule the cleaning and arrangement of products for display during night hours and information should therefore be collected on the number of labour inspections conducted outside office hours. The Committee requests the Government to provide further information on the outcome of such focus and on the concern raised by SAK. The Committee would also be grateful if the Government could endeavour to provide relevant statistical information disaggregated by gender.

Article 10. Temperature at the workplace. With reference to its previous comments the Committee notes the Government’s response that limit values for health hazards posed by cold workplaces have not been defined. It also notes the Government’s suggestions on how harm caused by cold workplaces can be controlled through the use of ISO 15743 as a checklist to identify risk factors. The Committee further notes that the Government states that labour inspections are conducted in workplaces of all sizes including small enterprises. The Committee notes, however, that the SAK observes that reductions of temperature-related problems for cashiers have not been successful, due to the fact that occupational safety and health surveillance does not cover self-employed shop owners. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure protection of workers from exposure to excessively cold temperatures.

Article 14. Sufficient and suitable seats supplied for workers. The Committee notes the SAK comments that employees of speciality stores do not always have a place to sit for image reasons. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that sufficient and suitable seats are supplied for workers and that workers are given reasonable opportunities to use them.

Article 18. Protection against noise. The Committee notes the SAK comment that noise hazards particularly occur in connection with bottle return systems. The Committee requests the Government to provide information on measures undertaken or envisaged to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible by appropriate and practical means.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information and new legislation provided which gives further effect to the Convention. The Committee also notes in particular, the Decree of the Ministry of Social Affairs and Health on the classification criteria and labelling rules for chemicals (807/2001). The Committee further notes the communication from the Central Organization of Finnish Trade Unions (SAK) included in the Government’s report.

Article 6(3) of the Convention. Measurement of the concentration of benzene. With reference to its previous comments, the Committee notes that the Government in its report refers to section 7 of the government Decree on Chemical Agents at Work (715/2001), which applies to the measurement of binding limit values of chemicals (benzene) and to risk assessment related to benzene, include monitoring biological samples. The Committee also notes the statistics provided by the Finnish Institute of Occupational Health on benzene exposure measurements between 2004–07, in particular, 16 people working in the oil refinery industry and contaminated soil treatment duties exceeded the threshold limit. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits of exposure to benzene are not exceeded at the workplace, including workplaces in the oil refinery industry.

Article 9. Medical examination of workers. The Committee notes the Government’s publication of Medical examinations in occupational health care, which includes instructions for the medical examination of people at risk from exposure to benzene. The Committee also notes in regard to this aspect the concern expressed by the SAK regarding the lack of physicians or occupational hygiene experts working in occupational safety and health enforcement. The Committee requests the Government to indicate measures taken to ensure that all workers concerned undergo pre-employment and periodic medical examinations and that such medical examinations are carried out under the responsibility of a qualified physician, approved by the competent authority, or of various categories of physicians whose qualifications or functions make them especially competent to carry out such examinations.

Part IV of the report form. Application in practice. The Committee notes the statistics provided by the Government, in particular, the 2007 report highlighting that 1,565 workers (1,461 men and 104 women) were exposed to benzene, that the number of workers exposed varied between 1,400 and 1,700 over the last ten years, but that it is not known whether these cases of exposure were the result of procedures undertaken in breach of regulations. The Committee requests the Government to continue to provide similar and up-to-date information with its forthcoming reports, including extracts from inspection reports with information on the number and nature of infringements reported.

Part V of the report form. Observations of SAK. The Committee notes that in response to the concerns previously raised by the SAK, the Government indicates that the regional administrative agencies’ inspectors receive training in chemical-related safety and surveillance issues and that communication and cooperation with stakeholders on chemical-related issues ensures that employers are made aware of their responsibilities. The Committees notes, however, that, in its most recent communication, the SAK notes that benzene exposure still occurs in Finnish workplaces and that it is not always understood that gasoline contains benzene. The SAK also highlights that a survey by the Finnish Institute of Occupational Health shows the need for a substantial increase in the frequency of occupational hygiene measurements, as well as for taking into account benzene exposure through the skin. The Committee requests the Government to indicate measures envisaged in response to the comments raised by the SAK.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided, including reference to legislative developments since the last report. The Committee further notes the comments from the Central Organisation of Finnish Trade Unions (SAK) and the Finnish Construction Trade Union, included in the Government’s report.

Article 1(1) and (3) of the Convention. List of carcinogenic substances and agents. With reference to its previous comments, the Committee notes the information that Finnish legislation on the prevention of work-related cancer risks covers only categories 1 and 2 of the EU classification of carcinogenic substances and agents, but not those attended by less evidence of the cancer risks they pose to humans; that the scope of Finnish legislation and responsibility to register also covers exposure to agents classified as carcinogenic by the EU, such as environmental tobacco smoke and hardwood dust; that legislation on occupational disease compensation covers for example the risk of lung cancer caused by crystalline silica, although the EU has not classified this as a carcinogenic substance; that Finland complies with EU legislation on the classification of carcinogenic substances and agents; and that it complies with the interpretation of the carcinogenicity of substances and agents by the International Agency for Research on Cancer (IARC). The Committee also notes the comments from SAK that, in their view, ethylene trichloride and formaldehyde should be included in the list of carcinogenic substances, that the Finnish Construction Trade Union considers that creosote and mould should be viewed in the same way as asbestos, and that quartz dust should be included in the list of carcinogenic substances and agents. Noting that the Government does not address the SAK comments in its report, the Committee asks the Government to respond thereto in its next report.

Article 2. Carcinogenic substances and agents replaced by non-carcinogenic or less carcinogenic ones. The Committee notes with interest the information for the developments in the period 2002–07 regarding the decreasing number of persons exposed to the following substances: asbestos (from 1,894 to 1,298); tobacco smoke (from 12,317 to 7,047); carbon tetrachloride (from 287 to 66); 1.4-dioxane (from 177 to 83); amitroles (from 112 to three); dieldrin (from 119 to seven); and lindane (from 131 to nine), that the number of persons exposed to vinyl chloride and ethylene oxide have also decreased, that the exclusion of copper-chrome-arsenic salts used in wood preservatives from the EU market in the autumn of 2007 has reduced the number of workers exposed to chrome and arsenic, but that some enterprises use creosote as a wood preservative causing workers to be exposed to poly aromatic hydrocarbon (PAH) compounds. The Committee also notes that, in the glass industry, arsenic oxides classified as carcinogenic have been replaced with less carcinogenic antimony compounds. The Committee requests the Government to continue reporting on further developments in this respect.

Article 3. Protection of workers and registration of workers exposed to carcinogenic substances and agents. The Committee notes the information provided regarding the register of workers at risk of exposure to carcinogenic substances and processes (ASA register), and that following the required pre-employment medical examinations, including the provision of information on the potential health hazards in the workplace and on risk prevention, workers exposed to carcinogenic substances for at least 20 days are added to this register. As regards environmental tobacco smoke, the registration criterion is a minimum of 40 workdays per year of exposure. However, workers exposed to unusually high doses of carcinogenic factors in a short period of time as a result of an accident, production error, unusual work process, or other corresponding reason, must always be added to the register. The Committee also notes the statement that, while Finland complies with EU legislation on the classification of carcinogenic substances and agents, and with the interpretation of the carcinogenicity of substances and agents by the IARC, a more restrictive list is used for the purposes of this ASA register, and that a registration system based on the Finnish list would require a multifold commitment in comparison to the current situation and cannot be regarded as providing any corresponding advantages to OSH activity. The Committee further notes the statement of the Finnish Institute of Occupational Health that work-related cancers may be prevented through more efficient steering of risk assessment resources and targeted reduction of exposure in connection with high-risk tasks. The Committee notes the absence of information on how the more restrictive list used for the purposes of the ASA register is developed and the criteria used for selecting the substances and agents the exposure to which will trigger registration. The Committee also notes the issue raised by SAK in that the registration system and organization of statutory occupation health-care services for exposed workers in irregular employment is a concern, because, if statutory periodic medical examinations are not performed, workers are ineligible for compensation. The Committee requests the Government to provide further information on how the list of substances relevant for the ASA register is established and to respond to SAK’s concerns in its next report.

Article 6(c). National legislation and labour inspection. The Committee notes that the Ministry of Social Affairs and Health’s occupational safety and health manual for 2010 has been published and that the Department of Occupational Safety and Health is currently preparing a manual for inspectors on the surveillance of chemicals in the workplace. The Committee requests the Government to provide copies of the manual for inspectors once it has been adopted.

Part IV of the report form. Application in practice. The Government notes the brief statistical information provided by the Government concerning the decreasing number of persons added to the ASA register: from 28,028 in 2005 (of which 40 per cent were women) to 23,346 in 2007 (of which 34 per cent were women). The Committee asks the Government to continue to provide relevant statistical information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided, including references made to new legislation adopted including, in particular, the information provided regarding Act No. 400 of 2008, requiring machinery to be designed and constructed in such a way that the safety and health risks caused by noise pollution and machine-generated vibration are reduced to the lowest possible level. The Committee notes the information provided regarding effect given to Articles 4(2), 8, 11(1), (2) and 15 of the Convention. The Committee further notes the comments from the Central Organisation of Finnish Trade Unions (SAK) included in the Government’s report and the comments from the Finnish Construction Trade Union, a member of SAK, attached to the report on the application of the Occupational Cancer Convention, 1974 (No. 139).

Article 4(1) of the Convention. Prevention and control of air pollution. The Committee also notes the comments made by the Finnish Construction Trade Union that, regardless of the Decree on Construction Work Safety (205/2009), which entered into force in 2009, and lays down provisions for measuring the exposure limit values for dust and chemicals in workplace air by the employer, the occupational safety and health authorities have not set any requirements for employers to conduct these measurements. Noting that the Government does not address these comments in its report under this Convention or under Convention No. 139, the Committee asks the Government to respond to them in its next report.

Article 6(2). Shared workplaces. With reference to its previous comments, the Committee notes the Government’s response that the occupational safety authorities supervise safety and health of shared workplaces as part of its normal supervision. The Committee requests the Government to provide further information on the practical application of sections 49–55 of Occupational Safety and Health Act No. 738, of 2002, and Chapter 5a of Act No. 44, of 2006, in regard to workplaces where two or more employers undertake activities simultaneously.

Article 9. Technical measures. The Committee notes SAK’s comments that instead of taking the measures required under Article 9, enterprises are simply substituting personal protective equipment for them. Noting that the Government does not address these comments in its report, the Committee asks the Government to respond to them in its next report.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the Government’s response that, generally, employers have to allocate workers to tasks not involving a risk to their health and safety. However, if an employer is unable to do so, an assessment should be made as to whether the employment relationship should be terminated. The Committee further notes the information that, according to the Employment Accidents Act (608/1948), compensation for an injury or illness covers the employee’s medical treatment, daily allowance, accident pension, handicap allowances, costs and loss of income arising out of physical therapy, and that this Act seems only to cover situations where an illness or health impairment has been declared. However, the Committee notes that the scope of Article 11 is wider, in that it also includes situations before any damage has occurred but after a medical determination that continued assignment is considered inadvisable. The Committee requests the Government to indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to noise and vibration is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Article 12. Notification to competent authority. With reference to its previous comments, the Committee notes the Government’s response that, the occupational safety authorities monitor exposure to occupational hazards due to air pollution, noise and vibration. The Committee notes that no information has been provided in regard to the Committee’s previous requests, and therefore reiterates its requests for the Government to provide information in its next report on measures taken or envisaged to ensure full application of Article 12 of the Convention, and to provide comments on the concerns expressed by SAK with respect to the reporting procedure and the supervision of products and markets at all levels.

Article 14. Research. The Committee notes with interest the information provided by the Government in regard to research undertaken into the health effects of exposure to hand-arm vibration among metalworkers and on air impurities due to pellet storage. The Committee requests the Government to continue to provide information with respect to evaluation and management of risks due to air pollution, vibration and noise at the workplace. With reference to SAK’s previous comments, the Government is also requested to provide specific information on OSH developments in SMEs, regarding research with respect to noise and developments concerning hearing damage.

Article 16(b). Inspection services. The Committee notes the statistical information provided by the Government in regard to inspections made by the occupational safety and health authorities, in particular, that there has been a decrease in the number of inspections, workplaces inspected and time used at the inspections from 2008 to 2009. The Committee requests the Government to provide further information on the causes for the above decreases and on measures taken or envisaged to address this aspect.

Part IV of the report form. The Committee notes the statistics on occupational accidents and diseases based on noise and vibration. The Committee further notes the comments made by SAK, that air quality measurements are conducted infrequently even though the air contains harmful dust and solvents, including mould spores and toxins produced by moisture damage. The Committee also notes that this is partially due to the fact that employers do make sufficient use of outside experts and the OSH authorities have limited resources. The Committee asks the Government to respond to SAK’s comments and to continue to give a general appreciation of the manner in which the Convention is applied in the country, including relevant statistics.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 5(f) and 11 of the Convention. The Committee also notes the Central Organisation of Finnish Trade Unions (SAK) comments included in the report and the Government’s response thereto.

Articles 2 and 9 of the Convention. National policy and multidisciplinary occupational health services. With reference to its previous comments the Committee notes that the Government responds that, in terms of the practical application of the Occupational Health Care Act, the participation by specialists increased in the period 2005–08; that in 2008, 92 per cent of the caregiving organizations had a specialist nurse, 58 per cent a specialist physician, 38 per cent a physiotherapist, 20 per cent a psychologist, and that 77 per cent of all clients obtained services from an occupational health-care service provider with a team comprising a nurse and a doctor qualified in occupational health care. It adds that 67 per cent of all clients obtained services of a qualified physiotherapist and almost 50 per cent of a qualified psychologist. The Committee also notes that SAK, for its part, maintains that the situation has not fundamentally improved in recent years. The Committee requests the Government to continue to provide information on any further developments in this respect.

Article 3. Occupational health services for all sectors. The Committee notes the information provided by the Government that it has introduced the application of a special occupational health-care card for construction workers, carried by the workers and presented to the current employment when the work begins and that the Government expects that this practice will lead to more frequent health examinations of this category of workers (at least every third year); that, as regards small and medium-sized enterprises (SMEs), governmental research institutes have begun a host of developmental projects to develop risk assessment and related workplace surveys; that municipal occupational health-care units are very active in producing OSH services for such enterprises; and that the provision of health-care services for workers in atypical employment, part-time workers and hired labour is primarily the employer’s responsibility irrespective of the length of the employment relationship. As regards hired workers, employers have the additional responsibility of informing such workers of the availability of health-care services at the inception of their employment. SAK for its part considers that, as the Committee understands it, the required occupational health-care services are not effectively provided, as the monitoring carried out by the occupational health-care services primarily addresses formal requirements and not substantive issues. SAK also refers to the outcome of a survey conducted by the Finnish Institute of Occupational Health in 2006 covering the three preceding years concluding that occupational health-care officials had visited only about half of the workplaces covered by an occupational health-care agreement, and to a decision of the (former) State Provincial Office of Southern Finland on the inadequate organization of occupational health-care services by a certain company in 2007 (ESLH-2006-04464/So-38). For its part, the Government refers to a Supreme Court Decision KKO:2009:52 of 23 June 2009 in which the court upholds – in relation to the provision of health services – the requirement of equal treatment of employees under Chapter 2, section 2, subsection 3, of the Employment Contracts Act. The Supreme Court found that a construction company did not have justifiable grounds for offering special health-care services to its office staff as compared to the services offered to its construction workers. The Government also refers to the statistical information regarding labour inspections conducted, which is examined below. The Committee asks the Government to continue to provide up-to-date information on the progressive development of occupational health services for all workers and to respond to SAK’s comments in its next report.

Part VI of the report form. Application in practice. The Committee notes the information provided that during 2009, 19,916 workplace inspections were held of which 24 per cent covered construction, 18 per cent industry, 13 per cent trade, 9 per cent social and health services, 7 per cent hotels and restaurants, 7 per cent transport and storage, 8 per cent administration and 14 per cent miscellaneous work. The Committee asks the Government to continue to provide relevant statistical information including on the outcome of the inspections carried out in so far as the provisions of the present Convention is concerned.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. National legislation. The Committee notes the legislation attached to the Government’s latest report, including the Health and Safety at Work (Protection from Asbestos) Regulation of 2006 (P.I 316/2006). The Committee asks the Government to continue to provide information on legislative measures undertaken.

Article 17(1). Demolition work. With reference to its previous comments, the Committee notes the Government’s response that, the new legislation on the asbestos removal process includes regulations covering the obligation to map the asbestos content of demolition targets and various contractor responsibilities. The Committee further notes the Government’s intention to enhance occupational safety and health (OSH) enforcement by conducting inspections on 180 asbestos removal worksites in autumn 2010. The Committee also notes that the Finnish Construction Trade Union, a member of the Central Organisation of Finnish Trade Unions (SAK), observes that asbestos removal work is being conducted and supervised by persons with inadequate training and that there are no qualification requirements for persons who conduct asbestos mapping and that the authorizations for working and removal of asbestos have been transferred to entities without the necessary qualifications through mergers and acquisitions. The Committee notes the SAK comments that relevant legislation on asbestos does not effectively prevent the hazardous work phases in relation to removal of asbestos as such removal may be conducted simultaneously with other work tasks at construction sites. The Committee requests the Government to provide information on the outcome of the autumn 2010 inspections and to respond to the SAK’s comments in its next report.

Article 20(2) and (3). Record keeping and access to records. With reference to its previous comments, the Committee notes the Government’s response that by virtue of section 26 of the Personal Data Act (523/1999), all persons have the right to access data in their personal data files and that this right therefore also covers data kept in the Finnish ASA Register. The Committee further notes SAK’s comments that the Finnish ASA Register does not maintain records on the exposure, etc. of workers working in Finland but employed by companies registered outside Finland. Noting that the Government’s report is silent in this respect, the Committee asks the Government to respond to SAK’s comments in its next report.

Article 20(4). Workers’ and their representatives’ right to request monitoring of the working environment. With reference to its previous comments, the Committee notes the Government’s response that, if workers and their representatives are of the opinion that relevant laws and regulations have not been met, they may contact the OSH authorities in order to have the situation confirmed and corrected. The Committee requests the Government to provide information on whether these are express legislative provisions giving effect to this Article of the Convention, in law and in practice.

Article 21. Medical examinations. The Committee notes the updated instructions for persons working with asbestos in the guidebook Medical Examinations in Occupational Health Care published in 2006. The Committee also notes SAK’s comments that regardless of laws and regulations in this area, medical examinations are not always provided for workers exposed to asbestos after their employment has ended and that workers employed by companies registered outside Finland are not provided with the statutory medical examinations and health monitoring services. Noting that the Government does not address these comments in its report, the Committee asks the Government to respond to SAK’s comments in this respect.

Article 21(4). Provision of other means of maintaining income. The Committee notes that the Government omits to provide information in regard to ensuring that, when work involving exposure to asbestos is found to be medically inadvisable, the workers concerned are provided with other means to maintain their income. The Committee requests the Government to indicate the specific measures taken to ensure that effect is given to this Article of the Convention in law and in practice.

Part V of the report form. Application in practice. The Committee notes from the statistical information provided by the Government for the years
2005–07 that the number of workers exposed to asbestos reported to the register of workers at risk of exposure to carcinogenic substances and processes was 1,867, 1,527 and 1,298, respectively. Of the workers reported in 2007, 36 were women. The Committee also notes the information that diseases caused by asbestos have been added to the Register of Occupational Accidents and Diseases maintained by the Finnish Institute of Occupational Health and that for the period 2005–07 the total number of such diseases declined slightly from 807 to 782. The Committee requests the Government to continue to provide relevant statistical information.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s response that the reform of the Mining Act (503/1965) is still in progress and that the Government proposal to Parliament for the Mining Act (HE 273/2009 vp), issued in December 2009, is currently under consideration and is excepted to enter into force on 1 July 2011. The Committee further notes, that in view of the Mining Act reform, the Ministry of Social Affairs and Health has been preparing a Council State Decree on the basis of the Occupational Safety and Health Act to update the current Council of State Decision on the Guidelines for Demolition and Excavation Work (410/1986). The Committee also notes that the Ministry of Employment and Economy is planning to issue a Council of State Decree on Safety in Mines on the basis of the new Mining Act. The Committee asks the Government to keep it informed of any further developments and to provide copies of the new legislation once it has been adopted, and to submit a detailed report in the light thereof.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided including references to legislation adopted since the previous report including the Occupational Safety and Health Act (738/2002) and its supporting Regulations, giving further effect to the Convention. The Committee also notes the information provided regarding effect given to Articles 2 and 3 of the Convention. The Committee also notes the comments from the Central Organisation of Finnish Trade Unions (SAK) included in the Government’s report.

Article 4 of the Convention. National policy. The Committee notes the Government’s further reference to the action plan for the Rural Industries Division and that, based on this plan particular attention will, in 2010–12, be paid to agricultural risk management and dissemination of information on repair and maintenance work related to agriculture. In addition, the focus will be on offering guidance to workers – especially foreign workers. The Committee takes this opportunity to bring the Government’s attention to the meeting of experts that was held on 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/mesha10/index.htm). The Committee asks the Government to continue to provide information on the focus of its national policy in agriculture including the outcome of the targeted focus. With reference to the requirement periodically to review the national policy, the Committee also requests the Government to provide further details on the review process, the involvement of the social partners in this process and how past progress is used to inform the future strategies.

Article 5. Labour inspection. The Committee notes the Government’s response that, due to legislative reforms, further training for inspectors has focused more on legislation than agriculture-specific concerns, that the Government now provides a Russian-language version of the guidebook for seasonal employees “Berry picking in Finland”, at border stations and consulates, and that the guidebook for employers offers instructions on how to introduce new workers to horticulture and agriculture. The Committee also notes the statistical information provided by the Government on inspections targeted at agriculture, in particular, and that changes in the distribution of supervisory functions between the inspection services and the police as regards driving and rest time of drivers have caused an apparent decrease in the number of inspections carried out in the period 2008–10. The Committee notes however, the comments of SAK that the Regional State Administration reform will reduce the number of inspectors specializing in agriculture. The Committee asks the Government to respond to SAK’s comments in its next report and to provide information on labour inspections carried out, ensuring the application of the Convention to young workers, temporary and seasonal workers and, in particular, small agricultural enterprises.

Article 14. Animal handling. The Committee notes the Government’s response in regard to measures taken to protect workers against biological agents by virtue of the Council of State Decision on the Protection of Employees from Work-related Hazards Caused by Biological Agents (1155/1993). The Committee further notes that in 2006, information and instructions covering avian influenza were provided to companies, slaughterhouses and egg packaging operations in the poultry industry. The Committee requests the Government to provide information on measures taken or envisaged to protect workers during activities involving animals and livestock and in stabling areas with particular reference to other threats such as H1N1 influenza or the so-called swine flu.

Article 20. Working time arrangements. The Committee notes that the working hours of agriculture work have been agreed upon in a generally binding collective agreement as permitted by the Working Hours Act (605/1996). The Committee requests the Government to provide a copy with its next report of the abovementioned collective agreement.

Part V of the report form. Application in practice. The Committee takes this opportunity to bring the Government’s attention to the Meeting of Experts that was held 25–29 October 2010 to adopt a code of practice in agriculture (see www.ilo.org/public/english/dialogue/sector/techmeet/mesha10/index.htm). The Committee also notes the statistical information provided by the Government in regard to the agricultural sector’s employed labour force and occupational accidents. The Committee further notes that while there has been a decrease in the number of workers as well as entrepreneurs in the years 2001–07, the level of occupational accidents for workers has increased from 58 to 68 (per thousand) but decreased for entrepreneurs from 59 to 54. The Committee asks the Government to provide information on measures taken or envisaged to address this issue and to continue to provide statistical information on the manner in which the Convention is applied in the country.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Further to its observation, the Committee requests the Government to provide additional information on the following points.

Article 4(1). Maintain, progressively develop and periodically review a national system for OSH. The Committee notes that the Government indicates in its report that the Advisory Committee on Occupational Safety and Health handles issues related to Finland’s system for occupational safety and health (OSH) on a regular basis, that preparations are under way with a view to reforming the Ministry of Social Affairs and Health strategy for the entire sector and that this reform will lead to the revision of the current OSH strategy by means of guidelines. The Government is requested to keep the Committee up to date with any developments in regard to this aspect.

Article 4(3)(c). Provision of occupational safety and health training. The Committee notes the Government’s reference to Chapter 5, section 26(5), of the OSH Enforcement, which places a duty on employers to train their employees pursuant to the acts enforced by the OSH authorities. The Committee requests the Government to provide further information on practical application of this provision and on the measures taken to provide guidance to employers and workers so as to help them to comply with legal obligations.

Article 4(3)(g). Collaboration with relevant insurance or social security schemes. The Committee notes that, in accordance with the Employment Accidents Insurance Act (608/1948), employers are obliged to notify the insurance institution of any occupational accidents and, based on such notification, the Federation of Accident Insurance Institutes compiles and publishes statistics on occupational accidents and diseases. The Committee requests the Government to make such statistics available to it. The Committee also requests the Government to provide further information on the process, frequency and outcome of such collaboration and to continue to provide information on measures taken to apply this provision of the Convention.

Article 4(3)(h). OSH information and advisory services, and the supporting mechanisms for progressive improvements of OSH in micro-enterprises, in small and medium-sized enterprises and in the informal economy. The Committee notes that the Government’s report is silent in these respects. The Committee requests the Government to provide further information on measures taken, as appropriate, to establish, maintain, progressively develop and periodically review its support mechanisms for micro-enterprises, in small and medium-sized enterprises and in the informal economy.

Article 5(3). National programme shall be widely publicized and, to the extent possible, endorsed and launched by the highest national authorities. The Committee notes that the Government indicates that the Ministry of Social Affairs and Health has ratified and published the programmes and strategies as required and that the ministry and the OSH administration participate in programmes and networks on the development of working life coordinated by the Ministry of Employment and the Economy. The Government is requested to provide information on the outcome of the abovementioned OSH programmes.

Article 5(2)(a)–(e). The criteria set out in regard to the national OSH programme. The Committee notes that the Government’s report contains no detailed information on the application of these provisions of the Convention. With reference in particular to Article 5(2)(c) and (e), the Committee requests the Government to provide further information on any analyses of the national situation regarding OSH and on practice in relation to objectives, targets and indicators of progress.

Part V of the report form. Application of the Convention in practice. The Committee also asks the Government to give a general appreciation of the manner in which the Convention is applied in the country, and to forward extracts of reports, studies and inquiries, statistical data, etc. (for example, with respect to policies and programmes relating to particular areas or branches of economic activity and to particular groups of the population).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Article 7(1)(b) and (2) of the Convention, and references made to new legislation adopted giving further effect to the Convention, as well as the detailed information provided regarding regulatory guides for different types of work involving possible exposure to radiation. The Committee further notes the observations from the Central Organisation of Finnish Trade Unions (SAK) included in the Government’s report.

Articles 3(1) and 6(1) of the Convention. Effective protection of workers in the light of available knowledge; maximum permissible doses. The Committee notes from the SAK’s comments that the dose limits for work-related exposure to radiation defined by the Radiation and Nuclear Authority (STUK) should be stricter on the basis of current research data. Noting that the Government does not address these concerns in its report, the Committee asks the Government to respond to the SAK’s comments in its next report.

Article 12. Medical examinations. The Committee notes from the SAK’s comments that health inspections are not carried out on all workers because of the use of temporary and subcontracted workers. Noting that the Government does not address these concerns in its report, the Committee asks the Government to respond to the SAK’s comments in its next report.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response that, according to the Employment Accidents Insurance Act (608/1948) compensation for injury or illness covers medical treatment, daily allowances, accident pension and handicap allowance, including any relevant supplements, compensation for costs and loss of income arising from physical therapy. However, with reference to its previous comments the Committee would again like to draw the Government’s attention to what is stated in paragraph 32 of the 1992 general observation under the Convention, and the fact that this provision also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to ionizing radiation has been found to be medically inadvisable. In such cases, paragraph 32 makes it clear that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise. The Committee requests the Government to provide further information on measures taken to ensure that workers are offered alternative employment or to maintain their income when it has been determined that it is medically inadvisable for them to continue their work, including information on the situation of workers who have been employed for less than three years.

Part V of the report form. Application in practice. The Committee notes from the comments by the SAK that the occupational health-care provisions are not supervised and that no statistics are available on the implementation of statutory health inspections, or on negligence and related sanctions. The Committee requests the Government to indicate measures taken to address the comments raised by the SAK and to provide a general appreciation on the application of the Convention including, for instance, extracts from inspection reports as well as statistical information on the number and outcome of such inspections.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided regarding effect given to Articles 5(e), 19(a) and (b), of the Convention, and Articles 1(a) and (d), 3(a), 4(a) and 7, of the Protocol. It notes with interest the detailed statistical information provided, which is examined below. The Committee further notes the observations from the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Union of Professional Social Workers Talentia, the Commission for Local Authority Employers (KT) and the State Employer’s Office (VTML) included in the Government’s report.

Article 4 of the Convention. National policy. With reference to its previous comments, the Committee notes the Government’s response stating that the development of occupational health care is based on the Council of State’s Decision-in-Principle “Occupational Health 2015 – Development Strategy for Occupational Health Care”. This document sets out a detailed policy for most aspects of occupational health care. The Committee also notes the information provided regarding the practical aspects of the 1998–2007 policy related to occupational health in the report on the Occupational Safety and Health Strategy 1998–2007 made available to the Committee. The Committee requests the Government to continue to provide information on the continuous process of formulating, implementing and periodically updating the national policy on OSH in the country.

Article 9. System of inspection. The Committee notes the comments of AKAVA in regard to the implementation of the inspection system that reductions have been made in resources of the OSH authorities, and its particular concern over the insufficiency of supervision and expertise with regard to the mental health aspect of OSH services. The Committee also notes AKAVA’s suggestions that, instead of resource reduction, additional resources targeted at risk monitoring are required. Noting that the Government does not address these issues in its report, the Committee asks the Government to respond to AKAVA’s comments in its next report.

Articles 13 and 19(f). Protection of workers removed from situations presenting an imminent and serious danger. The Committee notes the comments raised by the Union of Professional Social Workers Talentia expresses concerns over the ambiguity of national legislation and regulations especially in regard to workers who need to go to clients’ homes on house calls alone or face clients, if they fear the clients in question, knowing them to be violent, or have even had their lives threatened by the client. In such cases, the supervisors of workers have ordered them to press ahead and carry out their duties. If, after personally evaluating their duties as posing a major threat, workers refuse to perform them, the situation may be interpreted as refusal to work without a valid reason. The Committee further notes AKAVA’s view on this aspect that it is important to clarify OSH legislation for the purpose of preventing work-related violence more effectively and improving post-incident support in cases of work-related threats and violence. Noting that the Government does not address these concerns in its report, the Committee asks the Government to respond to the concerns of the Union of Professional Social Workers Talentia and AKAVA in its next report.

Articles 14 and 19(d). Occupational safety and health training. The Committee notes the Government’s response in regard to the employer’s obligation under section 33 of Act 44 of 2006. The Committee also notes the comments of the SAK and STTK that no training criteria, qualifications requirements, or performance monitoring have been set for employers’ and employees’ representatives responsible for OSH. The Committee further notes from the comments that there are many doctors working in occupational health care who do not have the required qualifications and since they mainly work in health-care centres, it remains unclear how work-related illnesses are identified. Noting that the Government does not address these matters in its report, the Committee asks the Government to respond to the SAK’s and STTK’s comments in its next report.

Article 2 of the Protocol. National legislation. With reference to its previous comments, the Committee notes the Government’s response that no decree has so far been issued under section 46(4) of Act 44 of 2006 in regard to the content and manner by which the reporting of occupational accidents and diseases are to be carried out. The Committee asks the Government to keep it informed of any decisions taken in this regard.

Article 3(c). Duration for maintaining records. The Committee notes the Government’s response in that, by virtue of section 10 of the Occupational Safety and Health Act, employers are obligated to monitor the occurrence of occupational accidents, for which purpose they must maintain their records on occupational accidents for a suitable period of time. The Committee asks the Government to provide clarification as to the practical meaning of “a suitable period of time”.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information provided concerning the developments in Finland 2005–09 including the analysis Occupational Accident Development Analysis – Final Report 31 January 2010 of the Finnish Institute of Occupational Health. The Committee notes that reference is made to five indicators (compensated occupational accidents and diseases; compensated occupational accidents (for all sectors and for the construction industry and transport and storage sectors); accidents in the workplace and commuting accidents; fatal commuting accidents and compensated occupational diseases); that there has been a noticeable decrease in the number of workplace accidents especially in sectors with high risk of accidents such as construction and transport; that the data broken down by gender indicate that the frequency of accidents for men is more than double that of women and that work-related deaths almost exclusively affect men, that the factors influencing the decrease in the number of workplace accidents include the economic downturn and the reduction in employment; that other societal factors, such as age, also influence the number of occupational accidents; that accidents occur more often among young workers than ageing workers, but that the type of accident changes with age, and that recovery from an injury takes longer for ageing workers; that occupational accidents among ageing workers often involve falling down, slipping and stumbling; and that several lifestyle factors, such as deteriorating health, stress, fatigue, tobacco, alcohol and drug use, and being overweight, are also known to increase the risk of accidents. The Committee asks the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country based on relevant statistical data and the analyses based thereon.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the detailed information provided, including on relevant legislation adopted since the previous report such as the Council of State Decree on the Safety in Construction Work (205/2009) which replaces the 1994 Decree on the same subject. The Committee also notes with interest Act No. 44/2006 on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces and Act No. 1233/2006 on the Contractor’s Obligations and Liability When Work is Contracted Out. The Committee further notes the comments from the Central Organisation of Finnish Trade Unions (SAK) included in the Government’s report.

Article 1(1) of the Convention. Scope of application. With reference to the previous direct requests on the comments by SAK, the Committee notes that the Government confirms that the main legislation in this area, currently Decree No. 205/2009, applies to “construction, renovation and maintenance of buildings or other structures on or under ground level or in water, as well as to installation, demolition, earthwork, hydraulic engineering and construction design in connection with such construction, renovation or maintenance”, but that it is not applicable to dockyards. With reference to the terms of the Convention, the Committee requests the Government to provide information on how effect is given to the Convention, in law and in practice, in dockyards.

Part VI of the report form. Workplaces where two or more employers undertake actives simultaneously (Article 8). Welfare (Article 32). Reporting on occupational accidents and diseases (Article 34). The provision of appropriate labour inspection services (Article 35(b)). With reference to its previous comments, the Committee notes the information provided regarding recently adopted legislation and statistical data on the frequency and outcome of labour inspections in this area for the five years 2005–09. The Committee notes that the Government indicates that it has given high priority to inspection of shared workplaces, which is reflected, inter alia, in the fact that between 2005 and 2008 the number of labour inspections on such workplaces increased. In this context, the Committee also notes the concerns expressed by the SAK that as a result of increased grey market activity, outsourcing of construction work and subcontracting activity, occupational accidents within the construction sector are no longer necessarily registered and this falsifies the actual number of accidents within the construction sector; that statistics in Finland only consist of occupational accidents concerning companies insured in Finland, which means that they do not include occupational accidents occurring under employers registered outside of Finland. The Committee also notes that the SAK regrets the termination in 2007 of the so-called RAKETTI register for the health monitoring of construction workers, and that the occupational health-care card system, which later replaced this register, has not been operating as hoped and that the Finnish Construction Trade Union observes that occupational health-care services for the entire construction sector is poor, with inadequate accommodation for workers and workspaces, and special problems have occurred on a nuclear plant construction site, where the level of accommodation has been hazardous to health, as well as causing social problems. The Committee asks the Government to provide further information on the application in practice of newly adopted legislation and on measures taken to respond to the comments by the SAK regarding the effectiveness of the Finnish reporting mechanisms of occupational accidents and diseases in the construction industry and the functioning of the occupational health-care services provided. The Committee also requests that the Government continue to provide up-to-date statistical data, including extracts from inspection reports with information on the number and nature of infringements, and disaggregated by gender if possible.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the Government’s comprehensive first report including the legislative texts attached. The Committee also notes the comments submitted by the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), the Commission for Local Authority Employers (KT) and the State Employer’s Office (VTML) attached to the Government’s report. 

Article 2(1). Promote continuous improvement of OSH by the development of a national policy, national system and national programme. The Committee notes from the Government’s report that the legal frame work for the Strategy is provided by the Occupational Safety and Health Act 2002 (OSHA) and supporting legislation and that such legislation promotes and supports the systematic development of working conditions in the workplaces through various programs and projects in cooperation with various actors, such as the Forum for Wellbeing at Work, which was set up in 2008. The Committee also notes the Central Organisation of Finnish Trade Unions’ (SAK) comments, where it states that, the 1998 Occupational Safety and Health Strategy of the Ministry of Social Affairs and Health (OSH Strategy) applies to occupational safety and health sector under the Ministry but that it does not include a section on occupational health and occupational health care, and that it is not handled or prepared, for example, by the Ministry of Social Affairs and Health’s Advisory Committee on Occupational Safety and Health. The SAK further maintain that this OSH Strategy does not meet the needs for working life, that it is not based on an in depth situation analysis and does not include measures related to, for example, mental health care and work-related illness. The Committee notes that the Government for its part states that the Finnish occupational health care system is under reform in accordance with the Council of State’s Decision-in-Principle, issued in 2004 and that the Ministry of Social Affairs and Health’s social and health policy strategy 2015 also includes sections on occupational safety and health and occupation health care. The Committee requests the Government to provide further information on efforts to promote continuous improvements of OSH through the development of a national policy, national system and national program. The Government is also requested to keep the Committee informed on the Finnish occupational health care system reform.

Article 3(3). Promoting basic principles and to develop a national preventative safety and health culture that includes information, consultation and training. The Committee notes that the Government states that the Advisory Committee on Occupational Safety and Health handles training, guidance, statistics and other monitoring data. The Committee also notes that the Government refers to the Finnish Work Environment Fund (Act 407/1979), which receives funds pursuant to section 35 of the Employment Accidents Insurance Act and that such funds are granted for occupation safety research and training, and collecting and disseminating information related to OSH, in addition to financing the activities of the Centre for Occupational Safety. The Committee also notes that the Government states in its report that, the most representative labour market organisations always contributes to the preparation of OSH legislation by means of advisory committees, either as members of specially appointed working groups or failing this by issuing a statement. In regards to national conditions and practice taken into consideration, the Committee notes that the Government indicates that the Occupational Safety and Health Strategy follow up reports include comprehensive analysis of OSH activity, assessment of the development of working conditions based on statistics and research results, and input from various actors and stakeholders. The Committee also notes the comments raised by the SAK, which takes the view that there is a need to prepare a wide ranging cross administrative national plan of action based on an in depth situation analysis as a part of the Government Policy Programme for Employment, Entrepreneurship and Worklife in cooperation with parties from the labour market, to promote OSH and that the said policy should be based on transparent, open and confidential tripartite cooperation. The Committee requests the Government to provide further information on the outcome of the consultations held in this regard and to continue to provide information on measures taken to apply this provision of the Convention.

Article 5(1). Formulate, implement, monitor, evaluate and periodically review a national program on OSH. The Committee notes that the Government indicates that in 1998, the Ministry of Social Affairs and Health ratified the OSH Strategy and its implementation has been monitored and assessed regularly, that the National OSH Profile of Finland was created in accordance with ILO Recommendation No. 197 and published in 2006 and that the statement and measures on the preparation, implementation and monitoring of the OSH strategy of the European Commission form part of Finland’s OSH policy. The Committee also notes that the SAK emphasizes that the national policy should be monitored and assessed on a regular basis, that this requires improved and further developed statistics, including a more detailed analysis of occupational accidents in particular, as well as reporting and compilation of statistics on all cases of occupational diseases, work-related illnesses and hazardous and dangerous occurrences and that the assessment and development of the impact of the national policy should be supported by a process of reporting on the activities of the occupational safety and health authorities annually, in compliance with ILO Convention No 81 and the creation of a national profile in accordance with ILO Recommendation No 197. The Committee requests the Government to provide further information on the functioning of and efforts made to formulate, monitor, evaluate and periodically review its national program on OSH.

The Committee is raising other points in a request addressed directly to the Government.

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

1. The Committee notes the information contained in the Government’s report and the observations submitted by the Central Organization of Finnish Trade Unions (SAK), which were attached to the Government’s report. The Committee notes with interest the adoption of Act No. 1016 of 2004 on the conformity of certain technical devices to relevant requirements, which according to the Government, in addition to regulating other aspects of occupational safety and health relevant for the use of machinery, also imposes specific obligations on manufacturers, suppliers and other distributors in this respect and that this legislation, according to the Government, has a broader scope than corresponding European Union legislation. The Committee also notes the amended Ordinance No. 856 of 1998 on the procurement, safe use and inspection of workplace machinery and other equipment used at work and the adoption of Act No. 44 of 20 January 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters, which entered into force on 1 February 2006, replacing Act No. 131 of 1973. The Committee also notes the Government’s statement that, in accordance with section 4 of Act No. 1016 of 2004, further detailed regulations are envisaged as regards safety and health obligations in connection with the planning and construction of machinery. The Committee notes that this new legislation gives further effect to the Convention, and requests the Government to continue to provide information on legislative developments in this area.

2. Article 2 of the Convention. The sale, hire and transfer of machinery. With reference to previous comments, the Committee notes that the SAK reiterates its previous concern that the machinery causing the major accidents is non-European marked machinery. The Committee notes that in a previous report the Government referred to a national occupational accident prevention programme in 2001, including measures to improve the market control of machinery and equipment in order to prevent the penetration of the Finnish market by dangerous machinery, in cooperation with other European and Nordic market control authorities, and that in the Government’s most recent report reference is made to national product supervision projects implemented in 2003‑05 focusing on the preconditions for products to be allowed on the market and their user safety. The Committee requests the Government to provide additional information on the impact of the accident prevention and supervision projects implemented in 2001 and 2003-05 respectively and to comment on the observations submitted by the SAK regarding dangerous machinery penetrating the Finnish market.

3. Article 15 and Part III of the report form. Labour inspections and statistical information. With reference to its previous comments, the Committee notes that the SAK continues to voice concerns regarding the high number of accidents related to the use of machinery in the country. It notes the Government’s detailed references to the manner in which supervision is carried out, to the programmes to promote machinery safety and improve the safety culture and to the special action programmes focusing on presses, personal lifts, woodworking machinery, loader cranes, other lifts, packing machinery for the food industry, second-hand construction machinery, conveyors and user manuals. As regards the impact of the measures taken, the Committee notes the Government’s statement that the number of accidents caused by machinery has gone down due to the different measures that have been adopted, such as legislative amendments and an increase of the resources allocated to labour inspection. The Committee notes, however, that the Government indicates that it was not able to provide any relevant statistics in this respect as, since 1 January 2003, accidents in the workplace in the country were being coded according to the common European Union ESAW methodology, that there were thus no time series available and that comparisons regarding recent developments could therefore not be made. While it hopes that the Government’s appreciation of the impact of their efforts will be reflected in forthcoming statistics, the Committee notes with some concern, however, that according to information in the reports since 2002, the number of labour inspections carried out annually have decreased from 29,412 in 1997 to 23,654 inspections in 2004. This information should be seen in the light of the observations from the SAK that they consider the resources allocated for market supervision to be inadequate. The Committee requests the Government to provide detailed information in its next report on the application of the Convention in practice in the country, taking into account the observations from the SAK and expresses the hope that relevant statistical data soon will be made available. In the light of the SAK’s observations this year, the Committee also requests the Government to provide detailed information on the developments in the timber industry including on the impact of the special action programme focusing on woodworking machinery.

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

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

2. Articles 5 and 18 of the Convention. National legislation and protection against noise and vibrations. The Committee notes with interest the continued legislative measures undertaken and, notes, in particular, the adoption of Ordinance No. 85 of 26 January 2006 on the protection of workers from risks caused by noise. With respect to this Ordinance and Ordinance No. 48 of 27 January 2005 on the protection from risks caused by vibrations, the Committee refers to its comments under Convention No. 148.

3. Article 6. Labour inspections. The Committee notes with interest the adoption of Act No. 44 of 20 January 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters, replacing Act No. 131 of 16 February 1973, providing rules on the supervision of occupational safety and health at the workplace through labour inspections. In this respect, it further refers to its comments under Convention No. 81. The Committee notes in this respect the concern expressed by the SAK for the hygiene in the retail industry, particularly its concern of the problems in this sector and that the labour inspections undertaken are considered to be inadequate. The Committee requests the Government to provide in its next report extracts from labour inspections carried out in the retail industry, statiscal information on the number of workers covered disaggregated by gender, if available, and the number and nature of contraventions reported.

4. Article 10. Temperature at the workplace. With respect to the concerns expressed previously by the SAK concerning the temperature at the workplace, the Committee notes with interest the Government’s statement that the section 9 of Ordinance No. 577 of 18 June 2003 on the safety and health requirements of workplaces, provides regulations for the volume and ventilation of the workplace, thus protecting workers from excessive heat so that the employer either has to increase ventilation or reduce the time of exposure. It notes the Government’s statement that in practical terms, if the temperature exceeds 28 degrees, the established reduction of the time of exposure in certain sectors is 50 minutes per hour, and if the temperature exceeds 31 degrees, the time of exposure is reduced to 45 minutes per hour. The Committee notes, however, that the report is silent as regards the concerns raised by the SAK regarding protection of workers against temperatures at the other extreme, i.e. excessive cold temperatures, and the more general question of measures taken to ensure that the practical application of national regulations on these issues in small enterprises. The Committee requests the Government to provide information in its next report on measures taken to protect workers from exposure to excessive cold temperatures and to ensure that relevant legislation is applied also in small enterprises.

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

1. The Committee notes the detailed information contained in the Government’s report and notes with interest that the following new legislation give continued effect to the Convention as regards exposure to air pollutants: Ordinance No. 715 of 9 August 2001, on chemical agents at the workplace, Ordinance No. 716 of 3 August 2000, on combating the risks of work-related cancers and Ordinance No. 1153 of 8 December 1999, on in-air tobacco smoke and combating the associated risks of cancer at work; vibration: Ordinance No. 48 of 27 January 2005, on the protection of workers from risks caused by vibrations; and noise: Ordinance No. 85 of 26 January 2006, on the protection of workers from risks caused by noise. With reference to previous observations from Central Organization of Finnish Trade Unions (SAK) concerning preventive occupational safety and health management – particularly in small enterprises – the Committee notes the Government’s reference to the recently adopted Occupational Safety and Health Act No. 738 of 23 August 2002 which requires all employers – including small enterprises – to prepare an action plan for occupational safety and health (OSH) at work and to analyse and assess the risks caused by the work and that, in practice, the methods applied to identify and assess the risks are determined by the employer’s branch of industry, nature of the activity and the size of the workplace, as well as other special features. With reference to the observations by the SAK, included in the Government’s most recent report, concerning the absence of legislation addressing stress at work the Committee notes that this question is not regulated in the present Convention.

2. Article 4, paragraph 2, of the Convention. Guidelines. The Committee notes the Government’s indication that guidelines have been issued to assist in the assessment of the risks caused by air pollution at the workplace, but that the report is silent as regards relevant guidelines to further implement the new legislation adopted concerning noise and vibration at the workplace. The Committee requests the Government indicate whether guidelines have been issued or are envisaged implementing the new legislation with respect to noise and vibration at the workplace.

3. Article 6, paragraph 2. Shared workplaces. With reference to the previously expressed concerns by the SAK regarding certain deficiencies in the health care in shared workplaces, the Committee notes with interest that both sections 49-55 of the Occupational Safety and Health Act No. 738 of 2002 and Chapter 5a of Act No. 44 of 2006 on the supervision of labour protection and occupational safety and health collaboration at the workplace provide detailed rules to ensure the collaboration to be undertaken whenever two or more employers undertake activities simultaneously at one workplace. The Committee requests the Government to provide detailed information in its next report on the practical application of the newly adopted legislation applicable to workplaces where two or more employers undertake activities simultaneously.

4. Article 8. Exposure limits. With respect to exposure to air pollutants, the Committee notes that, in addition to previously established limits for exposure to asbestos and for work involving lead, the so called HTP-values have been fixed for over 500 substances, or groups of substances, by Decision No. 109 of 2005 of the Ministry of Social Affairs and Health; that employers are required to take these values into account when assessing risks related to air pollution in the workplace; and that the Government intends to update this list on a regular basis, in accordance with the Convention. With respect to noise, the Committee notes with interest that section 4 of Ordinance No. 85 of 2006 establishes the lower exposure limit value to be 80 dB(A); the upper exposure value to be 85 dB(A) and the higher limit value being 87 dB(A) and that section 4 of Ordinance No. 48 of 2005 limits the daily exposure limit value for hand vibration in an eight-hour reference period to 5 m/s2 and all-body vibration to 1.5 m/s2. The Committee asks the Government to continue to provide information on measures taken to supplement and revise on a regular basis the exposure limits in the light of current national and international knowledge. It also asks the Government to provide information with its next report on measures taken to ensure that, when determining exposure limits, account is taken for any increase in occupational hazards resulting from simultaneous exposure to several harmful factors at the workplace.

5. Article 11, paragraphs 1 and 2. Free medical examinations. The Committee notes that under the newly adopted Occupational Health Care Act (Act No. 1383 of 2001) the Council of State has issued a Decree on medical examinations in work that presents a special risk of illness (No. 1485 of 2001) and notes with interest that section 1 provides that employers shall bear all costs of the medical examinations, in accordance with this Article. The Committee notes that the Government intends to adopt revised guidance notes on the contents of medical examinations to replace those of 1994. The Committee hopes that the guidance notes on the contents of medical examinations will be adopted in the near future and asks the Government to transmit a copy of them once they have been adopted.

6. Article 11, paragraphs 2 and 3. Alternative employment or other measurers offered for maintaining income where continued assignment to work involving exposure to air pollution, noise or vibration is found to be medically inadvisable. The Committee notes that the report is silent as regards the question of providing alternative employment in accordance with this Article of the Convention. The Committee requests the Government to provide information in its next report on the practical application of this Article, including information on efforts made to ensure that workers who cannot continue their assignment on medical grounds will be able to maintain their income through social security measures or otherwise.

7. Article 12. Notification to competent authority. With reference to the SAK’s concerns that there appears to be major deficiencies in the reporting procedures and in the supervision of products and markets at all levels, the Committee notes that the Government indicates that there is no legislative provision requiring employers to notify the use of processes, substances, machinery and equipment involving workers’ exposure to occupational hazards due to air pollution, noise or vibration in order to obtain the authorization of the competent authority to use such processes, substances, machinery and equipment. The Committee requests the Government to provide information in its next report or measures taken or envisaged to ensure the full application of Article 12 of the Convention and to provide comments on the concerns expressed by SAK with respect to the reporting procedure and the supervision of products and markets at all levels.

8. Article 14. Research. The Committee notes that while the Government reports on special research activities with respect to air pollution, particularly in the construction industry, which have had positive effects in facilitating employers planning of the work and the supervision carried out by authorities, the Government indicates that similar research activities as regards risks related to vibration and noise has been negligible. Noting that the Government indicates that it intends to remedy this situation, the Committee asks the Government to continue to provide information with respect to evaluation and management of risks due to air pollution, vibration and noise at the workplace.

9. Article 15. Appointment of competent persons to deal with matters pertaining to the prevention and control of air pollution, noise and vibration in the working environment. The Committee notes that section 10 of the OSH Act provides that an employer who does not have adequate expertise to assess and evaluate work-related risks shall use external experts and ensure herself/himself that the expert has sufficient competence. It notes the concerns expressed by SAK claiming that in practice, employers do not avail themselves of this possibility, and that these experts do not always have the appropriate competence. The Committee further notes the competence of trained persons and experts is regulated in Ordinance No. 1484 of 2001 respecting the principles for good occupational health-care practice, the content of good occupational health care, trained persons and experts and vocational training required within occupational health care. The Committee requests the Government to provide detailed information in its next report on the practical application of this Article and to provide a response to the concern expressed by the SAK that employers do not make use of appointing an expert and to provide information on the actual competence for safety and health staff.

10. Article 16(b) and Part IV of the report form. Inspection services. The Committee notes that Act No. 44 of 20 January 2006 regulates further the manner in which occupational safety and health is supervised. The Committee requests the Government to provide detailed information on the practical application of the Convention in the country, including extracts from labour inspection services, reports, statistical information on the number of workers covered by the legislation, disaggregated by gender, if available, the number and nature of contraventions reported and actions taken. In the light of comments made by the SAK, the Government is requested to provide specific information on developments regarding OSH in small enterprises, regarding research with respect to noise and developments regarding hearing damage; and on collaborative efforts between employers and workers with respect to the prevention and control of air pollution, noise and vibration at the workplace.

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

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.

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

1. The Committee notes the detailed information contained in the Government’s report, including replies to its previous comments and observations of the Central Organization of Finnish Trade Unions (SAK). It also notes the new observations submitted by the SAK, which were attached to the Government’s report.

2. Articles 2 and 9 of the Convention. National policy and multidisciplinary occupational health services. The Committee notes that the Council of State adopted in 2004 a “decision in principle” entitled “Occupational Health Care 2015”, containing development outlines for occupational health care in Finland and also notes with interest the recent legislative measures ensuring the application of the Convention, in particular the adoption of the Occupational Health Care Act No. 1383 of 21 December 2001 (as amended up to Act No. 51 of 20 January 2006). It notes the Government’s statement that the Act aims for a more close-knit cooperation between all parties and notes in this respect the observation submitted by the SAK stating that the multidisciplinary approach of occupational health services is not always implemented, providing as an example that only one-third of occupational health service providers has a psychologist at their disposal and there is a shortage of industrial hygiene experts. The Committee requests the Government to provide comments in its next report on the concern expressed by the SAK with respect to occupational health services being multidisciplinary.

3. Article 3. Occupational health services for all sectors. Previously the Confederation of Finnish Industry and Employers (TT), the Employers’ Confederation of Service Industries (LTK), the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions of Academic Professionals (AKAVA) were concerned that the occupational health services did not cover all workers, especially in the construction industry and in small workplaces. It notes the Government’s statement that, through determined tripartite development efforts, positive results have been obtained for the construction industry, including in 2002 the establishment of a medical examination register for the industry in order not only to ensure periodical health examinations for workers but also to provide information on other occupational safety and health issues. The Committee also notes that an occupational health care unit for this sector was set up in 2002 by the Tampere regional institute of the Institute of Occupational Health Care. With respect to the SAK’s previous observation concerning workers in atypical employment relationships, the Committee notes the Government’s statement that the Occupational Health Care Act emphasizes employers’ obligations to provide occupational health care for all workers, regardless of the mode or duration of their employment relationship. It also notes the Government’s statement that the Institute of Occupational Health Care has developed models to reinforce occupational health services for workers in small enterprises. The Committee notes the SAK’s observation that the implementation is still insufficient for workers in atypical employment, hired labour and part-time employment, particularly with respect to medical care organized by the employer on a voluntary basis. The Committee requests the Government to continue to provide information on measures taken or envisaged to ensure that workers in atypical employment relationships are covered by the occupational health services and to provide its comments on the observations expressed by the SAK in this respect.

4. Article 5(f). Medical examinations. The Committee notes with interest the adoption of Ordinance No. 1485 of 27 December 2001 on medical health examinations in work presenting a special risk or illness to health, providing that medical examinations should also be carried out for work in atypical thermal conditions, night work and for work that presents a particular threat of violence associated with work. Recalling the SAK’s previous observation that occupational medicine was focusing on treatment and not prevention, and the SAK’s recent observation that new occupational health risks are not given the serious attention they deserve, particularly for emotional and psychological stress, time constraints, work pressures and mental health problems in the working population, the Committee notes the Government’s statement that the cornerstone of all health care activities is the identification and assessment of work-related health risks and that this includes an evaluation of the working conditions, risk factors and essential mental and physical stress factors and that the operating methods and capability of occupational health services to recognize health risks at work are developed by means of legislation, guidebooks and training. The Committee requests the Government to provide copies with its next report of guidebooks and information on training that increases the capacities of occupational health services to recognize new health risks in the working environment and to provide its comments to the concerns expressed by the SAK in this respect.

5. Article 11. Required qualifications for occupational health personnel. With respect to the SAK’s previous observation of the lack of specialized training of professionals and experts in occupational health care, the Committee notes with interest the adoption of Ordinance No. 1484 of 27 December 2001 of the principles of good occupational health care practice, the content of occupational health care and the qualifications of professionals and experts, establishing the required professional competence of occupational health-care providers. It also notes the Government’s statement that the Ministry of Social Affairs and Health has issued instructions on further education in occupational health care. In this respect, it notes the SAK’s observation that there is still an insufficient number of professionals and experts in occupational health services to safeguard the full functioning of the new Act. The Committee requests the Government to provide with its next report a copy of the instructions issued on further education in occupational health by the Ministry of Social Affairs and Health and to provide its comments on the concern expressed by the SAK, particularly to provide information in its next report on the number of professionals and experts engaged in occupational health services.

6. Part III of the report form. Supervision. Recalling the SAK’s previous observation that the authorities’ supervision of occupational health care was inadequate because it only established whether or not an employer had made the statutory occupational health care arrangements, the Committee notes the Government’s statement that, when supervising occupational health services, the authorities have access not only to the contract on occupational health care services, it also has access to the action plan and the workplace report and thus ensures that employers have not only provided the statutory occupational health service for their workers, but that an action plan has been adopted and that it has been implemented. In this respect, it notes that the SAK reiterates its previous observation and further states that the OSH inspectorate lacks the medical knowledge and skills to supervise the implementation of occupational health care, and that in cases where provincial governments shall supervise the health care professionals and experts, this cannot be carried out since it is only the occupational safety and health authorities that have right of access to the workplace where the information is kept. The Committee understands that Act No. 131 of 1973 has recently been replaced by Act No. 44 of 20 January 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters (as amended up to Act No. 701 of 11 August 2006). The Committee requests the Government to provide detailed information in its next report on the practical application of the newly adopted Act No. 44 of 2006, including providing statistical information on the number of inspections carried out in different industries, the number of workers covered, disaggregated by gender, and any other information available to permit the Committee to evaluate the full application of the Convention. The Committee also asks the Government to provide comments on the concerns expressed by the SAK, particularly on the manner in which it is ensured that employers not only adopt an occupational safety and health action plan but that the action plan actually has to be implemented.

7. Part VII of the report form. Observations from workers’ organizations. In addition to the observations referred to above, the Committee notes the SAK’s previous observation that municipal health care centres were not providing equal access for all workers to occupational health services. It notes the Government’s statement that the implementation plan for the Occupational Health Care Act, directed by the Ministry of Social Affairs and Health, aims to ensure equal and high-quality services to all employers and workers through networking and regional merging of municipal occupational health services and that the employers’ possibility to buy the occupational health care service from the health centres ensures that their obligations are fulfilled in all circumstances. In this respect, the Committee notes the SAK’s observation that the coverage of occupational health care, besides the company size and availability of regional occupational health care, is also dependent on the actual resources of the health centres. The Committee requests the Government to provide information in its next report on results obtained from the implementation plan of the Occupational Health Care Act ensuring equal access to occupational health services and to indicate the number of occupational health services and their location.

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

1. The Committee notes the detailed information contained in the Government’s reports, including the appended legislation and the observations submitted by the Central Organization of Finnish Trade Unions (SAK). The Committee notes with interest the numerous legislative measures taken to ensure safety and health of workers in the construction industry, among them the Occupational Safety and Health Act No. 738 of 2002, Ordinance No. 629 of 1994 on safety of construction work, Ordinance No. 977 of 1994 on staff facilities on construction sites, Ordinance No. 793 of 1999 concerning the use of cranes and fork-lift trucks for lifting persons, Ordinance No. 156 of 1998 on the use of scaffolds and fall protection systems in construction work, and Ordinance No. 578 of 2003 on prefabricated unit construction work, giving effect to the Convention.

2. Article 1, paragraph 1, of the Convention. The Committee notes the observation submitted by SAK that section 1 of Ordinance No. 629 of 1994 on the safety of construction work, in their view, would only be applicable to new constructions and renovations, thus omitting work in dockyards and similar work sites. The Committee requests the Government to provide further information on the scope of application of Ordinance No. 629 of 1994.

3. Part VII of the report form and Articles 8 and 35(b). Workplaces where two or more employers undertake activities simultaneously. The Committee notes the observation submitted by SAK in 2005 in which it voices concerns that fatal and severe accidents are most common in the construction industry, where the number of accidents hardly has decreased over the past 15 years. SAK also states that in this industry it is common with shared workplaces, where mostly small enterprises operate, that the situation is made more complex by fixed-term contracts, grey labour force and subcontracting, and that the current national projects aimed at improving safety at work in this industry have not yet resulted in a decrease in the number of accidents. In this respect, the Committee notes the Government’s statement that sections 51 to 53 of the Occupational Safety and Health Act (Act No. 738 of 2002) provides regulation of the responsibility of occupational safety and health in shared workplaces. The Committee further notes that through Act No. 44 of 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters (adopted on 20 January 2006, replacing Act No. 131 of 1973) new regulations for labour inspection have been introduced. Further, with reference to information provided by the Government in the context of its reports under the application of the Guarding of Machinery Convention, 1963, (No. 119), the Committee notes that as from 1 January 2003, accidents are being coded according to the common European Union ESAW methodology which apparently renders reporting on developments in practice difficult. The Committee requests the Government to provide detailed information in its next report on the application of the legislation in the construction industry, including, in particular, on the new legislation concerning shared workplaces and to provide information on measures taken or envisaged to improve safety and health at work in the construction industry. The Committee also requests the Government to submit statistical information on the number of workers covered, disaggregated by gender, if possible, and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the Government’s report. It also notes the observations of the Central Organization of Finnish Trade Unions (SAK) on the application of the Convention. It notes with interest the adoption of the Occupational Safety and Health Act (738/2002), the Council of State Decree on Prevention of the Risk of Cancer in the Workplace (716/2001), the Council of State Decree on Chemical Agents in the Workplace (715/2001) and the Decree of the Ministry of Social Affairs and Health Relating to Criteria for the Classification of Chemicals and Labelling (807/2001) which give effect to the provisions of the Convention.

2. Article 6, paragraph 3. Measurement of the concentration of benzene. The Committee notes the indication of the Government that there are no official guidelines for the measurement of benzene values. Recalling that Article 6, paragraph 3, of the Convention requires the competent authority to issue directions on carrying out the measurement of the concentration of benzene in the workplace, the Committee requests the Government to indicate the measures taken or envisaged in this regard.

3. Article 9. Medical examination of workers. The Committee notes the indication of the Government that a new Council of State Decree on Health Examinations (1485/2001) has been adopted based on the new Occupational Health Care Act (1383/2001). It also notes the indication of the Government that the guidance notes in respect of health examinations relating to the exposure of workers to certain chemicals including benzene are in the process of being revised and will be published in the near future. The Committee requests the Government to indicate the progress made in this respect and to transmit a copy of the guidance notes, when adopted.

4. Part IV of the report form. Practical application of the Convention. The Committee notes the statistics in respect of the number of workplace inspections carried out by the Occupational Safety and Health Inspectorates of the Occupational Safety Administration for the period 2002-04. The Committee requests the Government to furnish in its next report information on the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by sex, if this information is available, the number and nature of the contraventions detected and the measures taken in this respect.

5. Part V of the report form. Observations of SAK. The Committee takes note of SAK’s observations that the use of benzene is not under control and that this is primarily due to the fact that employers are unaware of their obligations and that the occupational health service is not competent. In addition, SAK indicates that the Occupational Safety and Health Inspectorates do not have sufficient knowledge about chemical substances and are unable to monitor and give advice on related matters in the workplace. The Committee requests the Government to respond to these observations in its next report.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s report.

1. Article 7, paragraph 1(b) and paragraph 2, of the Convention. Dose limits. With respect to the maximum annual dose for the lens of the eye of young workers in the age group of 16 to 18 years in the course of their vocational training, the Committee notes the Government’s statement that this dose limit is now three-tenths of the annual dose limit, which is in conformity with the Convention. However, it notes that the references made by the Government to Act No. 418 and Act No. 727 of 2002 amending the Radiation Act (Act No. 592 of 1991) do not concern annual dose limits. Noting that section 4 of the Radiation Ordinance (No. 1512 of 1991) prescribes an annual dose limit of 50 mSv for the lens of the eye for this category of workers, the Committee requests the Government to provide a copy of the amending text to section 4 of the Radiation Ordinance (No. 1512 of 1991) with its next report to ensure the full application of the Convention.

2. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. With respect to job security for those workers who have accumulated an effective dose beyond the occupational exposure limits established in the national legislation and the concern expressed by the Committee previously, it notes the Government’s statement that Chapter 7, sections 3 and 4, of the Employment Contracts Act (Act No. 55 of 2001), enumerate the permissible grounds for dismissal when work has declined considerably or permanently on financial or productivity related reasons and the dismissal shall not precede or follow the hiring of a new employee to a similar task. It notes that similar regulations apply to the public sector (Act No. 750 of 1994 and Act No. 304 of 2003). The Committee notes from the Government’s report under the Employment Service Convention, 1948 (No. 88), that any worker who has been employed for a period of three years and is dismissed for the reasons mentioned above would automatically be covered by the redundancy protection policy. In this context, the Committee wishes to draw the Government’s attention to paragraph 32 of the 1992 general observation under the Convention where it is indicated that every effort must be made to provide the workers concerned with suitable alternative employment, or to maintain their income through social security measures or otherwise where continued assignment to work involving exposure to ionizing radiations is found to be medically inadvisable. Against this background, the Committee requests the Government to provide information in its next report on the practical application of this Article including information on the situation of workers who have been employed for less than three years.

3. Part III of the report form. National Authority. The Committee notes the Government’s statement that the Radiation and Nuclear Safety Authority is currently revising existing guidelines and regulations with respect to workers involved in ionizing radiation work. It also notes the statement that this Authority is also preparing further instructions regarding protection of workers from ionizing radiation. It requests the Government to provide detailed information on measures taken or envisaged by the Radiation and Nuclear Safety Authority in respect of the protection of workers engaged in ionizing radiation work and to provide copies of any adopted regulations, guidelines and instructions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information in the Government’s report including the observations of the Central Organization of Finnish Trade Unions (SAK) concerning the temperature in workplaces.

2. Articles 5 and 18 of the Convention. National legislation and protection against noise and vibrations. The Committee notes with interest the recent legislative measures undertaken, and notes in particular the adoption of the Ordinance of the State Council on the safety and health requirements of workplaces (Ordinance No. 577 of 2003), which entered into force on 1 September 2003. It notes that the Ordinance ensures a continued application of most Articles of the Convention and that it repeals Ordinance No. 728 of 1999. It also notes with interest the adoption of Ordinance of the State Council on the protection of workers from risks caused by vibration and the Government’s statement that it will soon adopt new legislation to protect workers from noise. The Committee hopes that the legislation protecting workers from risks caused by noise will be adopted in the near future and requests the Government to submit a copy thereof once adopted.

3. Article 10. The temperature at the workplace. The Committee notes that Decree No. 577 of 2003 omits to provide that a comfortable and steady temperature shall be maintained in all premises used by workers. In this connection, it also notes the observations of the SAK that the temperature in stores fluctuate greatly between summer and winter periods and that in small workplaces the employers are unaware of the legislation. The Committee requests the Government to provide information in response to the concerns raised by the Central Organization of Finnish Trade Unions.

[The Government is asked to reply in detail to the present comments in 2006.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

2. Article 1, paragraphs 1 and 3, of the Convention. List of carcinogenic substances and agents. The Committee notes with interest that the Government continues to expand the compilation of the index of carcinogens, most recently by Ordinance No. 1014 of 4 December 2003 of the Ministry of Social Affairs and Health, amending Appendix A of Ministry of Labour Decision No. 838 of 1993 on carcinogenic agents at work, adding to the list wood dust of oak or poplar. It also notes that formaldehyde is classified as a carcinogenic substance. With respect to work carried out with asbestos, the Committee refers to its comments under Convention No. 162. With respect to the International Agency for Research on Cancer (IARC) classifications of carcinogenic substances and agents, the Committee notes the Government’s statement that it fully applies the list established by the European Union (European Directive No. 67/548/EEC, Annex I). It provides the explanation that in Finland the determination of carcinogenic substances and agents is linked to the employers’ legal obligation to report for registration all workers exposed to carcinogenic substances and agents. It notes the Government’s statement that due to this it is not practical to register workers exposed to all substances and agents enumerated by the IARC. However, the Committee feels obliged to once again refer to its general comments on the application of Conventions on occupational safety and health that it made in 1997, paragraph 68, that "there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations." The Committee notes the Government’s statement that the Finnish Institute of Occupational Health has applied the IARC list in assessment projects and that it disseminates this list to workplaces, particularly the information that all substances that are possibly, likely and definitely carcinogenic shall be treated as carcinogens in the workplace. Noting that the list of reference for the application of the present Convention is the list established by the IARC, the Committee requests the Government to indicate measures taken to ensure that the list applicable in the country is brought into conformity with the IARC list of carcinogenic substances and agents.

3. Article 2. Carcinogenic substances and agents replaced by non-carcinogenic or less carcinogenic ones. The Committee notes with interest the adoption of the Ordinance of the Council of States on chemical agents in the workplace (Ordinance No. 717 of 2001), replacing the Council of States’ Decision No. 920 of 1992. It notes in particular section 9 ensuring the employers’ obligation either to eliminate or minimize the dangers or risks that chemical substances present for workers and to limit workers’ exposure thereto as far as it is technically possible, in accordance with the Convention. The Committee requests the Government to provide with its next report examples of chemical substances that have been effectively replaced by non-carcinogenic or less carcinogenic ones, as well as details regarding the manner in which this has been done.

4. Article 3. Registration of workers exposed to carcinogenic substances and agents. The Committee notes with interest the adoption of the Act on registers of workers occupationally exposed to carcinogenic substances and processes, Act No. 717 of 17 August 2001, replacing Act No. 1038 of 1993. It notes that employers now also have to provide information with respect to the recorded levels of exposure workers have been subject to (section 2(5)) and that this information shall be kept for a period of 80 years (section 5). With respect to recording information in the ASA register on the exposure of workers employed on short-term contracts - a question raised by SAK both previously and in its observations attached to the Government’s most recent report - the Committee notes that the Government considered that it may be justified to record information on workers in short-term employment, if the period of exposure exceeds 40 days but that it would be problematic to determine such a period of exposure if the worker would be employed under several employment contracts and at different workplaces. The Committee notes SAK’s concerns regarding the application of these rules in practice and that according to a report by the labour market parties, the occupational safety and health protection of workers in atypical employment relationships - such as temporary workers and part-time workers - is insufficient - in particular as regards the exposure to asbestos. The Committee requests the Government to respond in its next report to the concerns raised by SAK and to provide information on measures taken or envisaged to ensure that appropriate information regarding all workers’ exposure to carcinogenic substances and agents is duly recorded.

5. Article 6, paragraph (c). National legislation and labour inspection. The Committee notes with interest the numerous amendments to the current occupational safety and health legislation, particularly the adoption of Occupational Health Care Act No. 1383 of 21 December 2001 and Occupational Safety and Health Act No. 738 of 23 August 2002. It notes in this respect the observations submitted by SAK concerning the Occupational Safety and Health Inspectorate’s chemical expertise and the resources available for monitoring. In this respect, the Committee notes the Government’s statement that it is in the process of adopting new guidelines on how to carry out health inspections. The Committee hopes that the Government will take into account the concerns of SAK when adopting the new guidelines for labour inspections and requests the Government to provide copies of these guidelines once they have been adopted.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

2. Article 3 of the Convention. National legislation. The Committee notes the Government’s statement that it is still revising the Council of State Decision concerning work with asbestos (No. 1380 of 1994) and that this new legislation will enter into force before April 2006. It further notes with interest the adoption of the Ordinance of the State Council on limitations with respect to asbestos (Ordinance No. 975 of 18 November 2004) prohibiting the production, import, sale and usage of asbestos and products containing asbestos. It also notes, however, that the installation and usage of chrysotile-laden diaphragms for electrolysis is permitted until they are either dismantled or until replaced by other systems not containing asbestos. With respect to chemical substances and cancer, the Committee refers to its comments under Convention No. 139. The Committee requests the Government to provide a copy of the new law concerning asbestos once it has been adopted.

3. Article 6. Two or more employers undertaking activities simultaneously in one workplace. The Committee notes with interest that sections 49-55 of the Occupational Safety and Health Act (No. 738 of 2002), which entered into force on 1 January 2003, provide detailed rules on the general procedure to ensure cooperation whenever two or more employers undertake activities simultaneously at one workplace.

4. Article 17, paragraph 1. Authorization to demolish plants or structures. The Committee notes the Government’s statement that it is the duty of the competent occupational safety and health authority to ensure that only authorized employers and contractors carry out demolishing work on plants and constructions. It notes that around a dozen companies are found every year not to comply with this obligation and that the offices of the Occupational Safety and Health Inspectorate have reported a few dozen cases to the prosecutors resulting in the imposition of fines. The Committee notes in this respect the concern expressed by SAK that exposure to asbestos often takes place on small building sites, where the activities are unauthorized and where the components of the building materials at the sites to be renovated are not always known. It also notes with concern the information provided by the Government that safety and health problems have increased in the construction industry due to the increase of the "grey" workforce. The Committee requests the Government to continue to provide information on labour inspections to ensure that only authorized employers and contractors carry out the demolishing work, including examples on inspections carried out on small building sites.

5. Article 20, paragraphs 2 and 3. Record keeping and access to records. The Committee notes with interest the adoption of the Act on register of workers occupationally exposed to carcinogenic substances and processes, Act No. 717 of 17 August 2001 (replacing Act No. 1038 of 1993). It notes that the employers now also have to provide information with respect to the registered exposure level workers are exposed to (section 2(5)) and that the information shall be kept in the ASA registers for a period of 80 years (section 5). It further notes that section 2(2) states that the employers shall inform workers that registration has been done and the confidentiality of the occupational safety and health information in the records is ensured by section 5 of Act No. 759 of 13 August 2004 respecting the protection of privacy in work life. The Committee requests the Government to provide information with its next report on how it is ensured that the workers concerned and their representatives have access to these records.

6. Article 20, paragraph 4. Workers’ and their representatives’ right to request monitoring of the working environment. The Committee notes that the Government omits to provide the requested information with respect to the right of workers and their representatives to actually request their working environment to be monitored. It therefore reiterates its previous request to the Government to provide detailed information on measures taken to ensure that workers and their representatives have the right to request that their working environment is monitored. The Committee also asks the Government to provide detailed information on measures taken to ensure workers and their representatives the right to appeal to the competent authority concerning the results of the monitoring, in accordance with Article 20, paragraph 4, of the Convention.

7. Article 21. Medical examinations. The Committee notes that under the newly adopted Occupational Health Care Act (Act No. 1383 of 2001) the Council of State has issued a Decree on medical examinations in work that presents a special risk of illness (No. 1485 of 2001). It notes with interest that section 1 provides that employers shall bear all costs of the medical examinations, thus ensuring that they do not result in any loss of earnings for the workers. The Committee notes the Government’s statement that guidance notes for listed chemical substances, including asbestos, as well as the contents of health examinations will be adopted in the near future to replace those of 1994. The Committee requests the Government to provide copies of these guidance notes once they have been adopted.

8. The Committee further notes that the Government omits to provide information with respect to the concern previously expressed by SAK that workers who have been exposed to asbestos have faced difficulties in being admitted to medical examinations as insurance companies have failed to grant them the required financial coverage. It hopes the Government will provide its comments with respect to the concern presented by SAK in its next report. The Committee also asks the Government to provide information on how it is ensured that, when work involving exposure to asbestos is found to be medically inadvisable, the workers concerned are provided with other means to maintain their income.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s first reports and the attached legislation. It notes, in particular, the Government’s statement that the Mining Act No. 503 of 1965 is currently being revised and that new national legislation concerning safety and health in the mining sector will be implemented by 2007. Having taken due notice of the information contained in the reports on the application of this Convention as well as on the application of other occupational safety and health Conventions ratified by Finland, the Committee requests the Government to provide copies of the new legislation once it is adopted, and any other related relevant legislation including copies of decisions and rules adopted by the Ministry of Trade and Industry and the Mining Board.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information contained in the Government’s first report and notes with interest that the national legislation ensures a full application of virtually all Articles of the Convention. It also notes the observations of the Wood and Allied Workers’ Union, a member of the Central Organization of Finnish Trade Unions (SAK), which were attached to the Government’s report.

2. Article 4 of the Convention. National policy. The Committee notes the Government’s statement that an action plan has been adopted by the Rural Industries Division, where agricultural producers and advisory services for farming is represented. This action plan is based on the strategy that the Occupational Safety and Health Department of the Ministry of Social Affairs has adopted, in partnership with the labour market organizations, called "the Finnish occupational safety and health strategy". The Committee requests the Government to provide detailed information in its next report on occupational safety and health measures taken or envisaged under the strategy plan and the action plan on the agricultural sector. It also asks the Government to provide information on the application of Articles 2 and 3 of the Convention, which it omitted to do in its first report.

3. Article 5. Labour inspection. The Committee notes the observations of the Wood and Allied Workers’ Union that, due to the small sizes of farms, the authority’s supervision is not always implemented and that training of labour inspectors in agricultural issues is deficient. In this respect, it notes the Government’s statement that Finland is divided into eight occupational safety and health inspectorate districts, that each district has between 30 and 60 inspectors, of whom one to three are especially trained for agriculture. The Committee requests the Government to provide comments in its next report on this concern of the Wood and Allied Workers’ Union. It also asks the Government to provide detailed information on labour inspections carried out in the agricultural sector, including statistical information on the number of workers covered by the Convention, if possible, disaggregated by sex, the number of labour inspections carried out and their findings. The Committee also requests the Government to provide information on labour inspections carried out ensuring the application of the Convention to young workers, temporary and seasonal workers, particularly in small agricultural enterprises.

4. Article 14. Animal handling. The Committee notes the Government’s statement that the protection of workers when handling animals is ensured by the Veterinary Diseases Act and that the Ministry of Agriculture and Forestry issues regulations for each veterinary disease. The Committee requests the Government to provide detailed information in its next report on measures taken or envisaged to protect workers against biological threats such as the so-called avian flu, including the culling of poultry.

5. Article 20. Working time arrangements. The Committee notes the Government’s statement that collective agreements have been concluded regulating working time arrangements in the agricultural sector. The Committee requests the Government to provide copies with its next report of collective agreements regulating working time arrangements in the agricultural sector.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with interest the Government’s report indicating the adoption of the Occupational Health Care Act 1383/2001 (effective 1 January 2002), the Decree on the approval of inspectorates related to occupational safety and health, 18/2000 (effective 1 February 2000), and the coming into effect on 1 December 1998 of the Government Decision on the procurement, safe use and inspection of workplace machinery and other equipment (856/1998), which was based on European Union Directives 89/655/ECC and 95/63/EC, and repealed Government Decision 1403/1993 on the safe use of machinery.

The Committee notes the information contained in the Government’s report in response to its previous comments relating to the observations made earlier by the Central Organization of Finnish Trade Unions (SAK) concerning the number of accidents during the use of machinery, and the need to intensify the supervision of labour protection. It notes from the report that serious occupational accidents, including accidents involving machinery, continue to be a key challenge for work safety, and their prevention in particularly dangerous sectors was a leading area of focus for the occupational safety and health district administration. Other aims included reinforcing the ability and desire of workplaces to ensure their own work safety independently. It notes the information that the Government had approved a national occupational accident prevention programme in 2001, which had gotten under way in 2002. The occupational safety and health administration was able to influence machinery-related accidents by inspecting new products and controlling products in use at workplaces. The administration made every effort to promote better supervision of machinery and equipment in use by ensuring that the occupational safety districts had the requisite skills and information. This expertise was used primarily in the market control of machinery and equipment aimed at preventing the penetration of the Finnish market by dangerous machinery, in cooperation with other European and Nordic market control authorities. The Government indicated that 28,367 inspection visits were made by the occupational safety and health inspectors in 2001 (29,412 in 1997; 29,191 in 1998; 29,361 in 1999; 28,715 in 2000), of which 405 were inspections of machinery and equipment, taking up altogether 755 working hours and involving 15 inspectors. The Ministry of Social Affairs and Health’s strategies, which extend to 2010, focused on the promotion of health and functional capacity and were also expected to affect accident trends. As stated in the 1998 occupational safety and health strategy, the Government indicated that official supervision was targeted in accordance with the desired effects, aimed at good working conditions for the largest possible number of workers. Diversification of control methods was also supported, and tools and methods for accident prevention were being developed for the occupational safety and health administration.

The Committee notes from the Government’s report the observations made by the SAK reiterating earlier remarks that, from its point of view, the number of accidents during the use of machinery was still too high. The SAK referred to its remarks under the Labour Inspection Convention, 1947 (No. 81), that the financial and personnel resources of the occupational safety and health districts were inadequate to provide proper supervision of occupational safety and employment conditions at enterprises. It stated that the number of inspectors relative to the number of workplaces that were to be inspected was not satisfactory, and efficient inspection visits to check machinery and guarding devices could not be guaranteed. It also pointed out that serious deficiencies had been observed in the market control of machinery, equipment and indeed all products used at the workplace both in Finland and throughout the EU. The resulting problems were aggravated, in its view, by the allocation of insufficient resources for official occupational safety inspections at workplaces. It stated that an alarming amount of machinery that flouted EU law and had no EC labelling got onto the market and into use. It also referred to the statement made by its member organization, the Construction Union, which had noted that machine safety was particularly problematic in the building industry because the instructions on safe use were incomplete and/or were not available to the worker using the machinery. It appeared to it that, in actual fact, guidance in the use of machinery was usually deficient or non-existent at the work site.

The Committee would be grateful if the Government would continue to follow the evolution of the situation in light of the implementation of the Ministry of Social Affairs and Health’s main strategic focus on the promotion of health and functional capacity. It would be grateful if the Government would continue to keep the Office informed on the measures taken or envisaged to reduce the number of injuries occurring in the use of machinery, as well as on inspection visits made, violations reported and penalties imposed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee takes note of the comments made by the Service Union United (PAM), a member of the Central Organization of Trade Unions (SAK), which are supplied with the Government’s report. The PAM indicated that acts of violence or threat of such acts remain a problem for workers working alone in stores, petrol stations and kiosks, for it has not been possible to organize these work facilities in a manner to prevent employees from being a target of acts of aggression. The PAM considers that a factor related to this problem is the neglect in using security and alarm systems and the lack of explanations of work-related risks to workers. The Committee, while taking note with concern, reveals that the issues raised by the PAM does not fall within the scope of application of this Convention.

2. The Committee notes the Government’s report, in particular on the following point and asks the Government to provide further information as required.

Article 6 of the Convention, in conjunction with Part IV of the report form. The Committee notes the information contained in the Government’s report concerning the number of occupational safety and health inspections carried out between 1997 and 2001. With regard to the organizational changes in inspection services, which took place in 1997, the Committee notes the Government’s indication that the aim of these changes was not to increase the number of inspections, and the reorganization itself has not changed the supervision functions. In this respect, the Government however indicates that the Minister of Social Affairs and Health has established in 2001 a tripartite working group which examined the need for additional staff resources in the occupational safety and health inspectorates as well as other measures required. The decisions taken by this working group are currently being implemented. The Committee accordingly requests the Government to continue to provide additional information on the findings of the tripartite working group, the decisions taken and the manner in which these decisions are implemented.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee takes note of the comprehensive report provided by the Government as well as the information supplied in reply to its previous comments. It also notes the comments supplied by the Central Organization of Finnish Trade Unions (SAK). The Committee draws the Government’s attention to the following points.

1. Article 1, paragraphs 1 and 3, of the Convention. With reference to its previous comments, the Committee notes the Government’s indication on the number of workers exposed to carcinogens, such as quartz dust, wood dust, diesel engine exhaust and formaldehyde, which, however, although classified as carcinogens by the International Agency for Cancer Research (IARC), do not figure on the list of carcinogens contained in Decision No. 838/1993 on carcinogenic agents at work. The Government explains that the substances compiled in the Finnish list follows in the first line the classification of the European Union, which subordinates the chemical substances and agents into different categories and only the chemical agents found in categories 1 and 2 are classified as carcinogenic. Although the European Union takes the estimates of the IARC into account, the list of carcinogens is structured on the grounds of different criteria, which accordingly causes the abovementioned discrepancies between the list established by the European Union and the list of the IARC. However, the Committee notes with interest that the compilation of an index of carcinogens is continuing and that the list has been supplemented the last time by Decree No. 1232 of 18 December 2000 of the Ministry of Social Affairs and Health amending section 1 and the appendix of the Ministry of Labour Decision No. 838/1993 on carcinogenic agents at work. Moreover, Decision No. 1059 of 24 November 1999 of the Ministry of Social Affairs and Health on a list of dangerous substances contains as well chemicals recently classified as carcinogenic by Finland following the classification of the European Union. The Government further indicates that a working group established under the auspices of the Ministry of Social Affairs and Health has submitted a report proposing to add quartz dust to the list of carcinogens because of its proven characteristic to be conducive to the development of lung cancer, although the number of cases of occupational cancer caused by quartz dust is less than eight cases per year in Finland. With regard to the other above enumerated agents, which were classified as carcinogenic by the IARC, the Committee notes that, pursuant to section 3 of Governmental Decree No. 716 of 3 August 2000 on preventing occupational risk of cancer referring to Decision No. 838/1993 of the Minister of Labour which contains a list of carcinogenic agents at work, hardwood dust, which causes cancer of the nose, and polycyclic aromatic hydrocarbons, found as ingredients in diesel exhaust fumes, are classified as carcinogenic. Furthermore, tobacco smoke is considered as carcinogenic according to section 2 of Government Decision No. 1153 of 8 December 1999 on environmental tobacco smoke and prevention of related risks of cancer. Moreover, Government Decision No. 1154 of 8 December 1999 amending the appendix to Government Decision No. 1672/1992 on health examinations in jobs involving special risk of occupational disease, introduced a new item 14 adding environmental tobacco smoke to the list of chemical agents causing cancer. However, formaldehyde has not yet been classified as carcinogenic pursuant to the classification of the European Union. The Committee, taking due note of this information, requests the Government to specify the legal basis for determining polycyclic aromatic hydrocarbons as carcinogens. It further requests the Government to consider the possibility to base the periodic determination of carcinogenic substances and agents not only on the categorization recognized by the European Union, but also on the indications given by the IACR, in accordance with paragraph 3 of this Article of the Convention.

2. Articles 2 and 3. The Committee notes section 1 of Government Decree No. 610 of 21 June 2000 on prohibitions and restrictions concerning carcinogenic, mutagenic and reproduction-toxic agents, which provides for further restrictions of the use of agents conducive to the development of a cancer, notably their prohibition except for research and analysis purposes. With specific regard to chlorinated solvents, the annex to the Government Decision No. 1209 of 18 December 1997 on prohibitions and restrictions concerning certain chlorinated solvents prescribes restrictions of their use. The Committee further notes section 2 of Government Decision No. 1155 of 8 December 1999, amending section 2 of the Ministry of Social Affairs and Health Decision on estimating risks to pregnancy and development of the foetus providing for the inclusion of particular factors, such as the mutagenic effects of certain substances, into the risk assessment to be carried out before pregnant women workers are exposed to these substances. In the same way, the Ministry of Social Affairs and Health Decision No. 1156 of 8 December 1999 amending the Ministry of Labour Decision on jobs involving risks to young employees prescribes that factors particular harmful to young workers, e.g. mutagenic effects of substances and agents, have to be taken into consideration in the framework of the risk assessment. The Committee notes with interest that section 1 of Decree No. 1028 of 1 December 2000 on concentrations known to be harmful has lowered the existing limits for workers’ exposure to some workplace air carcinogens by referring to the list published as Annexes 1 and 2 of the Safety and Health Notification of the Minister of Social Affairs and Health introducing the human toxicity potential (HTP) values - a calculated index that reflects the potential harm of a unit of chemicals released into the environment used to weight emissions inventories to arrive at a common indicator of harm - for the year 2000. Moreover, section 6 of Government Decree No. 716/2000 on preventing occupational risk of cancer prescribes protective measures to be taken, notably the prohibition to use carcinogenic substances and agents which can be replaced by non- or less carcinogenic ones; the employer’s obligation to use carcinogenic substances, which for technical reasons cannot be replaced, in a closed system and, if that is not feasible, the employer is required to limit workers’ exposure as far as it is technically possible. However, the exposure limits prescribed in Annex A to this Decree must not be exceeded. The Committee further notes the Government’s indication that a Decree issued by the Ministry of Social Affairs and Health has confirmed a list of carcinogenic agents to which workers’ exposure must be recorded pursuant to section 2 of Act No. 1038 of 26 November 1993 requiring the employer to register the workers exposed to carcinogenic substances and methods at their workplace. Noting this information, the Committee requests the Government to specify the abovementioned Decree and to supply a copy for further examination. With regard to work involving workers’ exposure to environmental tobacco smoke, section 2 of Government Decision No. 1153/1999 on environmental tobacco smoke and prevention of the related risk of cancer, effective since 1 July 2000, requires the employer to carry out a risk assessment with a view to the nature, quantity and duration of exposure in order to estimate the risks for workers’ safety and health. On the grounds of the results of this risk assessment, the employer is obliged to take appropriate measures to protect the workers by reducing the degree of exposure, its duration as much as reasonably and technically possible and by introducing protective concepts as the working facilities allow. As to workers with a higher risk factor, notably pregnant women, section 3, subsection 2, of the said Decision prohibits the assignment of pregnant women to work involving exposure to environmental tobacco smoke. In addition, the employer is obliged, upon request, to show to the labour protection authorities the risk assessment carried out, including the data on which the risk assessment is founded, and the measures taken to reduce the workers’ exposure to environmental tobacco smoke. Moreover, the employer must provide information as to the manner in which the implementation of these measures is monitored at the workplace. Moreover, section 10 of Government Decision No. 1153/1999 requires the employer to keep a record of the workers who are exposed for a significant proportion of their working time, that is a minimum period of 40 workdays, in order to determine their annual exposure to environmental tobacco smoke. In this context, the Committee notes the comments provided by the SAK arguing that the legislative process of drafting the Act on the register of workers exposed to carcinogenic substances as well as the preparative work of the legislation concerning the listing of carcinogenic substances and products and workers’ exposure did not lead to an agreed solution with regard to the shortcomings observed in practice, in particular the collection of data on occupational exposure of temporary workers who have uninterrupted short-term employment periods, however, with different employers. In these cases, the employers do not enter in a satisfactory way the exposure data in the register on the exposure of workers occupationally exposed to carcinogens (ASA Register). Therefore the data contained therein are not reliable. This is demonstrated by means of section 11 of Government Decision No. 1153/1999 on environmental tobacco smoke, according to which only exposure data workers exposed for more than 40 days must be entered in the register. Due to a lack of exchange of information between the different employers of these short-term workers, their data are left outside the ASA Register, although they should be included in the ASA Register, because the workers concerned in fact have been exposed for at least 40 workdays to environmental tobacco smoke during a number of different employment periods under short-term contracts. The Committee, taking due note of the information provided by the Government as well as of the position of SAK, requests the Government to consider measures to guarantee that exposure data of all workers irrespective of the nature of their working contract are collected in the ASA Register to ensure a system of records containing reliable data, in accordance with the requirements set forth in Article 3 of the Convention. Moreover, it invites the Government to provide information in relation to the comments supplied by the central organization of SAK. As to the ASA Register itself, the Committee notes the Government’s indication contained in its report, that the impact of the ASA Register, being a statutory register of persons exposed to carcinogenic substances since 1979, was studied by sending questionnaires to working units which entered into the register in 1996. The Committee notes with interest that 73 per cent of the units having sent their replies have introduced changes with a view to either eliminate or to reduce significantly the workers’ exposure to carcinogens. The most common changes were the elimination of work causing exposure, the reduction of the volume of carcinogens used, the replacement of carcinogenic substances by others and the use of personal protective equipment. The Government adds that in a number of cases, the ASA Registration was the primary reason for these positive actions. The Committee notes this information with interest and invites the Government to continue to provide information on the impact of the ASA Register in practice.

3. Article 5. The Committee notes with satisfaction section 16 of the Government Decree No. 716/2000 on preventing occupational risk of cancer, which came into force on 1 September 2000, prescribing the employer’s obligation to arrange appropriate health examinations of workers to monitor their state of health, as provided for under the provisions of the Occupational Health Care Act No. 743/1978. Since section 16 of the above Decree requires appropriate health examinations of workers as necessary to avoid the risk of a cancer according to the Act No. 743/1978 on health examinations, workers, who have been previously exposed to carcinogenic substances, e.g. asbestos, benefit of health examinations even after they have changed their employment. The Government further indicates that, since the scope of application of the Government Decree No. 716/2000 covers all kind of work, workers in temporary employment are also covered. With regard to asbestos and, in response to the comments supplied by the Union of Construction Workers, the Government indicates that a research project on asbestos agreed on by the labour market organizations, the authorities and the insurance system jointly is being launched aiming to obtain new information concerning occupational asbestos diagnostics and possibly of supporting lung cancer screening. As to the participants of this project, the Committee understands that the workers examined are previously diagnosed as mild cases of occupational disease and most of them are not entitled to claim handicap benefits so far. Taking due note of this information, the Committee requests the Government to provide information on the results of this project. It also requests the Government to reveal the possible influence of the results of this study on the worker’s entitlement to benefits as well as on future legislation. Finally, the Committee asks the Government to indicate the definition of the term "mild occupational disease".

4. Article 6(c) in conjunction with Part IV of the report form. The Committee notes the Government’s indications that, between the years 1980 and 1997, the overall cancer morbidity of persons entered into the ASA Register, thus being occupationally exposed, were on the same level as for the population in general. However, exposed workers have been only observed during an average period of 13.2 years, which in general is a too short period to design a comprehensive picture of the incidence of occupational cancer. In the light of the long latency of cancer, the Committee requests the Government to explain why the observance of workers occupationally exposed were limited to the above-indicated period of time, since as the Government said itself, this relatively short period of time of monitoring does not provide reliable results on the origin of occupational cancer. The Committee further notes the Government’s indication that different types of cancer occur according to the substances or agents to which the workers have been exposed. It notes with interest that, since the adoption of the Government Decision No. 920/1992 on the protection of workers from risks related to exposure to chemical agents, the monitoring of risk assessments carried out for workplace chemicals and carcinogenic chemicals has played an increasing role in the inspections of workplaces by the occupational safety and health inspectorates. In this context, the Committee notes with concern that, while a total of 112 cases of cancer of occupational origin were reported in 1999, 109 of them were caused by workers’ exposure to asbestos. However, the number of asbestos deaths reported by the insurance companies in 2000 was declining to 64 cases in relation to 104 cases in 1999.

5. The Committee notes the Government’s indications concerning the CAREX database, which was established with the support from the European Union’s programme named "Europe Against Cancer". The Government explains that this database deals in the first place with those agents classified as carcinogens by the IARC. In this respect, it deals with the number of workers exposed and the exposure data. In that way, CAREX contributes indirectly to the reduction of workers’ exposure by disseminating information to be used in risk evaluation and the measures to be taken in consequence. The Committee noting this information requests the Government to explain more in detail the concept of CAREX and to specify the manner in which the IARC is implied in this programme. Finally, the Committee requests the Government to supply, as an example, a set of data collected since the database CAREX has been set up.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes the information supplied by the Government in its report. It also notes the comments formulated by the Confederation of Finnish Industry and Employers (TT), the Employers’ Confederation of Service Industries (LTK), as well as the observations made by the Central Organization of Finnish Trade Unions (SAK).

2.  Article 7, paragraphs 1(b) and 2, of the Convention.  The Committee notes with satisfaction section 37 of the Radiation Act, as amended, prohibiting the employment of persons under the age of 18 years in radiation work. The only exclusion from this prohibition is for young persons engaged in radiation work in the course of their vocational training. In this case, the minimum age for admission to radiation work is 16 years. With regard to the maximum dose limits fixed for this category of workers, the Committee notes that section 4 of the Radiation Decree (1512/1991), as amended, fixes the maximum permitted effective dose limit at 6 mSv per year. The annual equivalent dose limits are 50 mSv for the lens of the eye and 150 mSv for any area of the skin. In this respect, the Committee would like to draw the Government’s attention to sections 4.1.5 and 4.3.1(b) of the 1986 ILO Code of Practice on Radiation Protection of Workers (Ionizing Radiation) which recommends that workers, apprentices and students under the age of 18 should only be engaged in radiation work which would not expose them to more than three-tenths of the annual dose limits established. The Committee finds that the Finnish legislation is in conformity with these recommendations, except for the dose limit established with regard to the exposure of the lens of the eye. The Committee therefore invites the Government to re-examine this dose limit in order to ensure the full application of this provision of the Convention.

3.  Article 14.  Alternative employment.  The Committee notes with interest section 33(c) of the Radiation Act, as amended, establishing the principle that the dismissal of a worker is not justified on the grounds of an accumulation of radiation exposure exceeding the maximum permissible limit. In this context, the Government indicates that this legal principle does not safeguard the worker from dismissal on grounds of business requirements, e.g. cuts in the production or even total closure. However, these conditions are highly likely to arise after an accident. The Government announces that this gap in the law will be addressed in the framework of the next revision of the pertinent legislation. The Committee therefore hopes that the Government will take the necessary measures to this end in the near future to ensure job security for those workers who have accumulated an effective dose beyond the occupational exposure limits established in the national legislation. It requests the Government to provide information on any progress achieved in this regard.

4.  Part V of the report form.  The Committee notes the Government’s indication to the effect that workers involved in an intervention due to an accident should automatically receive substantial economic or other compensation for any partial or complete disability or death occurring at a later stage and which is caused by excessive exposure to radiation. The Government considers that financial compensation could, in principle, be paid either in the form of an extra salary or by maintaining a sufficiently large fund which is used to pay compensation to those workers or their families who have sacrificed their health, working capacity or life in an emergency situation. The Government concludes that the payment in the form of an extra salary runs contrary to the spirit of the Occupational Safety Act, since in Finland all compensation to be paid for industrial accidents is covered by insurance companies. In this respect, the Committee notes that the amount of compensation in the case of an industrial accident or occupational disease is the same for all workers concerned irrespective of their level of risk. The only extra benefit for radiation workers is the right to radiation leave which, however, was withdrawn in 1998 from employees subject to low levels of exposure, such as X-ray nurses. The level of risk nevertheless affects employers in large companies in the sense that it is more expensive for these employers to take out insurance cover if many cases of accidents or industrial diseases have occurred in their companies. The Committee notes the Government’s reflections on this issue and requests it to provide information on any action taken to improve the protection of workers exposed to radiation, and in general on the practical application of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes with interest the detailed information provided by the Government in its report concerning the application of Article 11, paragraph 1, of the Convention.

2. The Committee would request the Government to continue to supply information regarding the manner in which the Convention is applied in practice in the country, including, for instance, any pertinent extracts from inspection reports and any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported, as requested under Part IV of the report form.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in reply to its previous comments. It further notes the comments made by the Central Organization of Finnish Trade Unions (SAK). The Committee requests the Government to provide additional information on the following points.

Article 5(e) of the Convention. Further to its previous comments, the Committee notes that the provisions of the Employment Contracts Act (320/1970), referred to in the Government's reply, concern once again issues of dismissal only. The Committee recalls that this Article of the Convention is designed to guarantee protection to workers, not only against dismissals but also against any disciplinary measures in general, targeting actions taken by workers in conformity with the National Working Environment Programme (NWEP). It further recalls that there are many activities which might be rightfully taken by workers under the NWEP other than the right to remove themselves from serious and imminent danger. The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure the protection of workers from disciplinary measures taken against them for acting in conformity with the national policy on occupational safety and health and the working environment.

Articles 14 and 19(d). The Committee notes the Government's replies to its previous comments, which were based on the observations of the SAK and which concerned defects in training and the provision of information and guidance concerning occupational safety and health. The Government states that the authorities are closely involved in planning and improving safety and health training even though they themselves have not been involved in the actual training or the arrangements made for the needs of working places and employees. The long-term general aim has been for a long time now to include the necessary occupational safety and health training in vocational training in line with the principle of mainstreaming. The contents of the training provided are negotiated with the organizations responsible for training, in line with the demands of the situation. The Government further refers to relevant training provided by the Centre for Industrial Safety (a training and information organization established by the labour market organizations), the Finnish Institute of Occupational Health, and workers' organizations. Publications of various organizations such as the Centre for Industrial Safety, the Finnish Institute of Occupational Health, the Occupational Safety News magazine, the Work-Health-Safety Magazine, are either distributed free, fixed at cost price, or the costs are covered by the Finnish Labour Protection Fund. Inspection visits are also used by the authorities to inform workers and the self-employed and to hand out material on occupational safety and health. The State Council proposal to Parliament to amend the law to guarantee training of occupational safety and health delegates, which is also referred to by the SAK in its latest comments, is expected by workplaces in general to improve occupational safety and health training.

Article 19(a). Further to its previous comments, which were based on the observations made by the Confederation of Finnish Industry and Employers (TT) and the Employers' Confederation of Service Industries (LTK) regarding the lack of legislation that provides for employers to control employees' use of protective equipment, the Committee notes the Government's reply that, according to section 14 of the Employment Contracts Act, the worker shall observe the precautions required by safety at work, and inform the employer of any faults and deficiencies in machinery, plant, tools or safety devices in his or her use or custody which may constitute a safety or health hazard. The Government adds that section 32(3) of the same Act stipulates that the employer and the worker shall cooperate at the workplace to ensure and promote occupational safety and health. The Committee would be grateful if the Government would provide information on the practical application of these sections of the Employment Act.

Article 4. The Committee notes the information contained in the Government's report which indicates that Finland joined the EEA at the beginning of 1994. During 1993, Finnish legislation, including occupational safety and health legislation, was amended in the way required by the EC to correspond with Community law. EC directives were implemented. As regards labour protection, framework directive (89/391/EEC) is very central because it is a so-called minimum directive, although higher national standards of labour protection are possible. This framework directive is also based on the principle of continuous improvement.

The Committee notes the latest comments of the SAK that there are no amendments proposed by the Government to section 9, paragraph 1, of the Occupational Safety and Health Act, which the SAK states enables economic considerations of equity to be mentioned as the most important defect explaining why certain provisions of the Council framework directive on safety and health at work (89/391/EEC) have not been properly incorporated in Finnish legislation. The Committee would be grateful if the Government would give its views on the comments formulated by the SAK.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the Government's reply to its previous comments. It notes that with the enactment on 1 January 1995 of a new law on the reimbursement of occupational health care services, the concept of "good occupational health practice" (GOHP) has entered Finnish legislation. It also notes with interest the issuance of a handbook on the planning and assessment of good occupational health practice (1997), of another general handbook and guide on occupational health care (1999), and of a further separate guide for the forest and wood processing industries (1993), which according to the Government's report, emphasize confidentiality and privacy.

Article 3, paragraphs 2 and 3, of the Convention. Further to its previous comments, the Committee notes from the Government's report that changes in local government and advances in commerce and industry are significantly altering the construction and transport sectors' prospects for arranging good occupational health care. The Government further indicates that practical guidelines are awaited later in the year from a committee appointed to investigate the situation in the construction sector with a view to extending the coverage of health care services in the sector. In addition the Government states that the broad-ranging small workplace project has now been completed, and it has yielded a wealth of basic research material for the future improvement of health care at small workplaces.

The Committee also notes the Government's reply to its comments based on the observations previously made by the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK), the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions of Academic Professionals (AKAVA) voicing concern over the lack of resources available for arranging good occupational health care. The Government states that it has addressed special attention to this problem in its programme, and that the Ministry of Social Affairs and Health is preparing a related action programme, which incorporates, among various other initiatives, projects designed to improve cooperation between occupational health care providers, as well as government-subsidized regional experiments in occupational health care. It indicates that a series of occupational health care experiments were launched in the spring of 1995 to support the process of structural change in work and industry, and quality control projects were initiated in conjunction with these experiments with the aim of improving health care professionals' capacity to assess and improve their work. The results of these projects are to be summarized and published. An addendum on occupational health care services and work-ability maintenance was completed in June 1999.

The Committee notes the following comments made by the SAK:

(i) Due to budgetary reasons, municipal health centres are continuing to cut back their occupational health care services which particularly affects the employees of small workplaces. The SAK indicates that not all employees enjoy equal access to good health care services which is dependent on the location and size of their workplace, the sector of employment and the standard of health care provided.

(ii) In its view the 1995 reform of the reimbursement system has only partly moved the focus of occupational medicine from treatment to prevention and that occupational physicians continue to focus primarily on treatment of existing health disorders rather than preventive medicine. There are serious shortcomings in the current GOHP workplace surveys. New occupational health risks are not paid the serious attention they deserve. There has been an increase in emotional and psychological stress, time constraints, work pressures and mental health problems in the working population. There are shortcomings and regional disparities in the procedures for reporting and compensating for occupational diseases where, in some cases, some insurance companies process incoming claims so slowly that the claimants suffer notable financial losses.

(iii) Cooperation between officers and delegates is ineffective or impeded because they have no officially recognized legal competence, and only 25 per cent of them have received any specialized training. There are regional disparities in the professional competence of examining physicians and the training of occupational health care providers needs to be updated, and more should be hired to meet current levels of demand.

(iv) Official supervision of occupational health care is inadequate due to lack of resources, capacity and authorization to assess the work of physicians. For the time being, inspections only go so far as to establish whether or not the employer has made statutory occupational health care contracts.

(v) Referring to the occupational health services in the construction industry the SAK states that according to the Uusimaa Occupational Safety Inspectorate in 1998, only 20 per cent of Finnish construction firms had proper health care contracts in place, and in general it has been found to be deficient. It indicated that tripartite negotiations are currently in progress with a view to extending the coverage of these services to above 60 per cent.

(vi) Structural changes in industry have increased the prevalence of various atypical modes of employment such as fixed-term employment for which the current health care system has not made sufficient provision. The implementation of statutory work-ability maintenance calls for long-term monitoring and improvement of the health and working conditions.

The Committee notes the comments made by the AKAVA which recalled its previous observation that the present health care system fulfils only the basic level of requirements, especially at small workplaces. Underlining the important contribution health care providers make to monitoring and preserving the health of wage-earners and salaried employees, it states that the ageing of the workforce entails that greater emphasis be placed on work-ability maintenance. With early detection of potential disability risk, more can be done to help the employee retain his or her work ability for as long as possible.

The Committee notes the comments made by the Commission for Local Authority Employers (KT) that on 12 February 1997 a new health, safety and work environment agreement replaced the old one for the local authority sector. The local authority sector has made a special effort to promote work-ability maintenance.

The Committee would be grateful if the Government would communicate its views on the abovementioned comments of the social partners, and continue to provide information on the measures taken to extend the coverage of occupational health services to all workers including those in the construction industry and small workplaces, and in consultation with the representative organizations of employers and workers.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information provided in the Government's report. The Committee also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) which were included in the Government's report. The Government is requested to provide further information on the following points.

1. Article 3 of the Convention. The Committee notes the Government's indication to the effect that laws and provisions concerning asbestos are periodically reviewed. In this regard, the Government indicates that the Council of State Decision concerning work with asbestos will be revised after the amendment of the Council Directive on the protection of workers from the risk related to exposure to asbestos at work (83/477/EEC) has been confirmed. The Committee requests the Government to keep it informed about any amendments of the Council of State Decision concerning work with asbestos and to supply copies of these amendments as soon as they become effective.

2. Article 17, paragraph 1. The Committee notes with interest the judgements provided by the Government regarding workers' exposure to asbestos. It notes that the Supreme Administrative Court has rejected every appeal against decisions taken by the Ministry of Social Affairs and Health and the Ministry of Labour on the withdrawal of employers' and contractors' permission to carry out work involving asbestos removal. The Committee further notes the SAK comment according to which problems in practice occurred due to the fact that, apart from authorized enterprises specialized in asbestos removal, irresponsible enterprises carry out asbestos removal work without even having applied for the required authorization. The Committee accordingly requests the Government to indicate the measures taken in practice to ensure that no asbestos removal work is carried out without prior authorization from the competent authority.

3. Article 20, paragraph 4. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure the workers' right to request the monitoring of the working environment. In this respect, the Committee notes section 9 of the Council of State Decision concerning work with asbestos (1380/1994) providing for the employer's obligation to monitor, by means of regular measurements of airborne asbestos in workplaces, the observance of limit values for workers' exposure to asbestos, as stipulated in section 10 of this Council of State Decision. The measurement must be carried out every three months, or once a year in the case that there has been no substantial change at the workplace and the two preceding measurements have not exceeded half the limit values for exposure fixed in section 10. The Government declares that the Finnish Institute of Occupational Health has developed a method of measurement for work involving asbestos removal. To the Committee's understanding, several employers have carried out these specific measurements in a way that complies with the provisions of the Council of State Decision. However, occupational safety and health authorities have not demanded measurements of airborne asbestos dust in building maintenance or repair work. Due to the fact that Finnish industries do not use asbestos as a raw material, that only a few employers use packing containing asbestos and that the use of asbestos in friction materials is slight, the authorities have not requested regular measurement of the concentrations of asbestos dust in the air at workplaces or in workers' breathing zones where work processes are carried out using friction materials or involving the replacement of packing. The Committee, taking due note of this information, recalls Article 20, paragraph 4, of the Convention providing for the workers' or their representatives' right to initiate the monitoring of the working environment to be carried out by the employer. The Committee therefore requests the Govenment to indicate the manner in which it is ensured that, upon the workers' or their representatives' request, the working environment shall be monitored by the employer, in accordance with this provision of the Convention.

4. Article 21. The Committee notes the SAK statement that the number of occupational diseases resulting from exposure to asbestos from the 1950s to the late 1970s which is estimated to increase the incidence of asbestos-related occupational diseases up to the year 2010. This phenomenon is illustrated by the number of deaths caused by occupational diseases due to exposure to asbestos, which increased from 86 cases in 1997 to 100 cases in 1998. However, the increase of asbestos-related occupational diseases is partly due to more extensive examinations and expert examinations. Nevertheless, the SAK states that Article 21 of the Convention is not applied to a desirable extent, since workers who have been exposed to asbestos have faced difficulties in being admitted to medical examinations, for insurance companies have not granted them the required financial engagement. Furthermore, health damages caused by asbestos are defined as quite small and therefore compensation paid to workers remains low. The Committee recalls the provision of Article 21 of the Convention and requests the Government to indicate the measures taken to ensure that workers who are or have been exposed to asbestos are provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. The Government is also requested to indicate the measures taken to ensure that the monitoring of workers' health in connection with the use of asbestos entails no cost to the workers.

5. Part V of the report form. The Committee notes with interest the detailed information supplied by the Government on the practical application of the Convention in the country. It invites the Government to continue to provide such information in its next report.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information provided in the Government's report in reply to its previous observation with respect to setting new exposure limits to air pollution, noise and vibration where appropriate, in accordance with Article 8 of the Convention and to ensuring that measures are prescribed for the prevention and control of, and protection against, these occupational risks due to these hazards as called for by Article 4. It also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) communicated with the Government's report.

In its previous comments, the Committee had noted the concerns of the SAK that the grounds used to assess occupational hazards caused by air impurities, noise and vibration were still deficient and that there is still too little monitoring of the working environment and assessment of exposure. It had also noted the reply of the employers' organizations (TT and LTK) that the Convention did not call for binding limit values in a categoric fashion and that Finnish legislation did not lay down binding limit values, for example, with respect to noise exposure.

In its latest report, the Government indicates that, in December 1993, the Council of State issued a decision (1404/1993) on the protection of workers against the hazards raised from exposure to noise, by setting the exposure limit value even lower than the EU Directive 188/86/EEC, that it is intended to implement. Moreover, the decision sets a new exposure limit value for instantaneous peak value of repeated or isolated peaks of sound pressure. Should such exposure exceed one of these limits, the employer is obliged to draw up and carry out a noise control programme aimed at reducing noise as much as possible, taking into account technical progress and the availability of means of control of the noise particularly at the source. The Government adds that, on 22 December 1993, the Council of State also issued a decision on safety of machinery that fully responds to the EU Directive and contributes noise and vibration control by providing certain limit values which, when exceeded, oblige the manufacturer to declare the said limit values.

With respect to hand-arm and whole body vibration exposure, the Government indicates that there are no binding limit values and that it is still awaiting a new EU Physical Agents Directive. The Government adds that it will also try to include repeated shock type excitations (of percussive power tools) as this seems to be more dangerous to the health of workers than the "ordinary" non-impulsive vibration (or rotating or oscillating machinery). A working group has been set up under the Ministry of Social Affairs and Health to consider the Finnish position on what the Directive under preparation by the EU should be.

With regard to exposure to air pollutants, the Ministry of Social Affairs and Health has issued a decision (365/1998), confirming new concentrations of air contaminants known to be hazardous.

In its latest observations, the SAK states that there are still shortcomings in preventive occupational health and safety management in companies. In small companies particularly, there are big gaps from the point of view of action programmes for occupational health and safety and in surveying the risks involved. It considers that monitoring operations should pay more attention to noise control programmes and that monitoring measurements are at present aimed mainly at verifying the more obvious defects. Measuring and monitoring of workplace hygiene conditions, which it considers is a basic prerequisite for protection, is at a low level in the construction sector. In its view, the action required by the regulations is not being adequately implemented.

The Committee would be grateful if the Government would continue to take measures to set, supplement and revise regularly, exposure limits in respect of air pollution, noise and vibration, where appropriate, in light of current national and international knowledge and data, as called for by Article 8 of the Convention. It requests the Government to provide further information on preventive occupational health and safety management and surveying of risks in small companies and monitoring and measurement of occupational safety and health conditions in the construction sector.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the comments made by the Central Organization of Finnish Trade Unions (SAK) included in the Government's report. With a view to the application of Article 17, paragraph 1, of the Convention, the SAK states that problems in practice occurred due to the fact that, apart from authorized enterprises specialized in asbestos removal, irresponsible enterprises carry out asbestos removal work without even having applied for the required authorization. Furthermore, as regards Article 21 of the Convention, the SAK observes that this Article is not applied to a desirable extent, since workers who have been exposed to asbestos have faced difficulties in being admitted to medical examinations, because insurance companies have not granted the required financial engagement. Moreover, health damages caused by asbestos are characterized as quite small and, therefore compensation paid to workers remain low. The Committee is dealing with these comments and other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's reply to its previous comments relating to remarks made earlier by the Central Organization of Finnish Trade Unions (SAK) concerning the number of accidents during the use of machinery, and the need to intensify the supervision of labour protection. The Government states that during the period between 1992 to 1997 seminars and courses were arranged in cooperation with other Governmental bodies, the Finnish Metal Workers' Union and various educational institutes. It adds that training for workers is provided by special institutions, such as the Institute of Occupational Health and the Centre for Industrial Safety.

2. Article 15, paragraph 2, of the Convention and point V of the report form. Further to its previous comments based on remarks made earlier by SAK, the Committee notes the information contained in the Government's report that technical deficiencies and other defects found in workplaces were eliminated with inspections carried out at individual workplaces. Inspections normally cover the entire workplace environment and its occupational safety and health scheme, but individual machines are also inspected. Citing the 1996 statistics, the Government states that a total of 650 inspections of machinery and equipment were carried out, taking up a total of more than 2,300 hours and covering some 40,000 people. It adds that the safe use of machinery is controlled not only by the authorities but also by the workplaces themselves. It is the duty of occupational safety and health inspection to ensure that safety-related arrangements (internal control systems, production quality systems, etc.) are competent and effective. Information on what the Government calls the new approach in safety standards, relevant directives and corresponding national regulations have been disseminated through a series of publications which were prepared to explain the content of the directives and to give manufacturers recommendations for ensuring the conformity of their products with the relevant requirements. Occupational safety supervision is targeted at problematic sectors and dangerous professions on the basis of observation, statistics and other sources of information. Priority is given to supervision and advice in response to requests from customers.

The Committee notes from the Government's report the statement made by SAK that in spite of the new regulations, the number of injuries occurring in the use of machinery continues to be too high. SAK is of the opinion that a central issue in the prevention of accidents and injuries is the provision of better guidance and training for employees before they start using any machinery. In addition, it indicated that the supervision of occupational safety should also be intensified in this respect. The Committee would be grateful if the Government would continue to follow the evolution of the situation and to keep the Office informed on the measures taken or envisaged to reduce the number of injuries occurring in the use of machinery.

3. Further to its previous comments, the Committee notes the Government's reply and the enclosed copy of the Council of State Decision on machine safety (1994/1314) implementing the EEC's Council Directive (89/392/EEC) and its amendments (91/368/EEC, 93/44/EEC and 93/68/EEC).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

I. The Committee notes with interest the information provided in the Government's report concerning the number of new legislation in order to apply the Convention. It also notes the comments made by the Central Organization of Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) provided in the Government's report reflecting the overall situation in practice of employees working in warehouses, shops and offices. The Central Organization of Trade Unions (SAK) pointed out that stress was still an important negative factor to observe in this area, for the incidence of sick leave and premature retirement due to working pressure had increased and, that, at the same time, appealing to the guidelines of their organization, employers had been reluctant to pay salaries for sick leave due to, for example, exhaustion. As concerns the growing number of employees working in shops, service stations and kiosks, threats and acts of violence against them had increased. In contrast, employers often had refused to provide for their personal security by installing, for example, an appropriate security system. The Confederation of Unions for Academic Professionals (AKAVA), having observed similar symptoms, came to the conclusion, that there were a need for greater emphasis on the importance of the protection of mental health at work. The Committee, while noting with concern these observations made by the above-mentioned unions, points out that these issues do not fall within the scope of application of this Convention.

II. Article 5 of the Convention. The Committee notes with interest the Government's information that the Advisory Committee on Occupational Safety and Health has been transferred on 1 April 1997 from the Ministry of Labour to the Ministry of Social Affairs and Health allowing closer consultations between the most central workers' and employers' organizations by creating an important forum for cooperation on major occupational safety and health issues related to the preparation of legislation, development, planning and monitoring. The Committee invites the Government to keep the Office informed on any action based on these restructuring measures.

Article 6. The Committee notes that the organization of inspection services has been changed and the competence to its supervision has been transferred in 1997 from the Ministry of Labour to the Ministry of Social Affairs and Health aiming to improve the supervision of arrangement and content of occupational health care through cooperation between the competent authorities. The Committee also notes that the number of workplace inspections carried out decreased between the years 1993 and 1996. The Government is therefore requested to provide information to which extent the number of inspections will be increased on the basis of the reorganizational measures undertaken in 1997.

III. The Committee notes with interest the Government's indication that a new provision in section 9, paragraph 5 of the Occupational Safety Act (299/1958) has been inserted, according to which the employer must ensure that employees are informed at a sufficiently early stage about matters affecting occupational safety and health at the workplace and, that such issues are dealt with properly and at a sufficiently early stage by the employer and the employees or their representatives. The Committee would request the Government to continue to provide information related to the practical application of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Referring also to its observation under the Convention the Committee notes the indication by the Government in its report that the Institute of Occupational Health measures exposure to carcinogens in the workplace, provides training for occupational health care personnel on carcinogens, and carries on experimental and epidemiological research in work-related cancer in order to intensify risk assessment and preventive work a data system on carcinogenic exposure (CAREX) which is being built. The Committee requests the Government to provide information on the results achieved through this system in particular with a view to reducing to the minimum compatible with safety the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

In its previous comments the Committee requested the Government to provide information concerning the practical application of the Convention, in particular as concerns the means for ensuring accurate registration of workers exposed to carcinogenic substances. The Committee notes the information provided by the Government in its report. It also notes the comments by the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Union of Finnish Metal Workers and the Union of Construction Workers.

Article 1 of the Convention. The Committe notes that by Decision No. 838/93 the list of carcinogenic substances has been complemented. It notes however the indication in the Government's report that this list differs from that established by the International Agency for Cancer Research (IARC) which includes substances such as silica dust, wood dust, diesel exhaust gases and formaldehyde. The Committee requests the Government to indicate whether workers are exposed to these substances and agents, and to provide information on measures envisaged or adopted to take account of the latest information available inter alia from the IARC in the periodic determination to be made under this Article of the Convention.

Articles 2, 3, 5 and Part IV of the report form. The Committee takes note of government Decision No. 1182/92 on the prevention of cancer risk at work and in particular sections 19 to 21 thereof, which provide for the keeping by the employer of a list of carcinogenic agents used or present at the workplace and products containing such agents; of workers exposed and , if available, the degree of exposure; the storage of data and a special register (section 19); identification of exposure in general (section 20); and determination of annual exposure (article 21). The Committee notes that according to SAK the register does not cover all persons exposed to a notifiable degree, due to inadequate risk assessment as well as to insuffficient inspection. The Committee also notes the comments by the Finnish Metal Workers Union that workers under short-term employment and those who have been exposed earlier in some other work remain outside the follow-up. The Committee notes the Government's indication in its report that preventive effects of the register (ASA register) are difficult to measure, that cancer morbidity among those reported in the register have been followed experimentally only once, but that it is intended to repeat the follow-up in 1996-97. The Committee requests the Government to provide information on the outome of the internal follow-up as well as on the comments by SAK and the Metal Workers Union.

The Committeee notes the information provided by the government in its report that according to the register (ASA register) a total of 14,846 workers in 1,693 work departments were exposed to carcinogenic substances in 1993, 5.4 per cent less than in 1992, the most usual substances being chromic (VI) compounds, nickel and its compounds, asbestos, benzene and polycyclic aromatic hydrocarbons. The Committee also notes that in 1990-93 the Institute of Occupational Health carried out a comprehensive study during which about 3,000 new asbstos-related occupational diseases were identified; 80 to 160 cancers from exposure to asbetos were reported in 1992-94. In 1993 from 164 cancers reported as occupational diseases, 162 were caused by asbestos.

The Committee notes the comments by the Union of Construction Workers that despite the fact that the use of asbestos is prohibited the danger remains for workers engaged in demolition work of old constructions containing asbestos. While work with asbestos is subject to licence and supervision by inspection, 10 to 20 per cent of work involving asbestos is executed without due notification, the risk of occupational cancer deriving from asbestos remaining thus alarmingly high. In addition the trade union considers that methods of early diagnosis and follow-up are not always adequate and that the sick person might be left without treatment or compensation when cancer appears. The Committee also notes the comments by STTK that there have been a few cases in which the investigation of causes of a suspected cancer have been inadequate.

The Committee requests the Government to provide information on the measures taken or envisaged to reduce to the minimum compatible with safety the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure, and to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations during employment and thereafter. It requests the Government to provide information on the comments by the Union of Construction Workers in relation to exposure of workers to asbestos.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Referring to its observation under the Convention, the Committee requests the Government to supply further information on the following points.

1. Article 7, paragraphs 1(b) and 2, of the Convention. The Committee notes that section 37 of the Radiation Act sets the lower age limit for employment in radiation work at 18 years, but allows a younger person to take part in radiation work if such work is found to be necessary for training purposes. It also notes the Government's indication in its report that the Decree on the Protection of Young Employees (508/86) as amended in 1993 (1428/93) still provides that persons under 18 years of age are not allowed to work in jobs where they would be exposed to dangerous ionizing radiations. The Government has not, however, indicated the levels of maximum permissible doses of ionizing radiation fixed in accordance with Article 7, paragraph 1(b), of the Convention for workers under the age of 18 taking part in radiation work for training purposes, nor any provision prohibiting in absolute terms the participation of workers under the age of 16 in work involving ionizing radiation, even for training purposes (Article 7, paragraph 2). The Committee notes from Instruction 3.1 of the Radiation Safety Guide (ST Guide) 1.2, issued by the Finnish Centre for Radiation and Nuclear Safety (STUK) and appended to the Government's report, that STUK will give individual instructions for the dose limits for 16-18 year old persons in professional training, and that the maximum values given in section 5 of the Radiation Decree for persons other than those engaged in radiation work shall be applied to persons younger than 16 years. It appears, however, that the instructions given in the ST Guides are not absolutely binding.

The Government is requested to indicate in its next report the measures taken to ensure the observance of Article 7, paragraphs 1(b) and 2, of the Convention. In this connection, the Committee draws attention also to the dose limits for apprentices and students of age 16 to 18 set in Annex II, paragraph II.6 of the 1994 International Basic Safety Standards for Protection against ionizing Radiation, jointly sponsored by the IAEA, the ILO, the WHO and three other international organizations and based on the 1990 Recommendations of the ICRP.

2. Accident situations.

(a) The Committee notes that under section 7 of the Radiation Decree, "radiation exposure due to measures taken in an accident situation in order to restrict the radiation hazard and bring the radiation source under control" shall not be taken into account in applying the maximum values for radiation exposure under sections 3 to 6.

According to section 7 of the Decree,

Measures needed to restrict the radiation hazard and bring the radiation source under control in an accident situation shall be taken in such a way that the radiation exposure due to the situation is kept as slow as possible. As far as possible, the measures referred to ... shall be taken in such a way that the effective dose of a person participating in them does not exceed 0.5 Sv and the dose at any point on the skin does not exceed 5 Sv.

Referring to the explanations given in paragraphs 16 to 27 and 35(c)(iii) of its 1992 general observation under the Convention, as well as paragraph 225 of the 1990 Recommendations of the ICRP, the Committee considers that the terms "as far as possible" used in section 7, paragraph 2, of the Decree introduce a relative flexibility that is acceptable only for life-saving actions; moreover, the terms "measures needed to restrict the radiation hazard" do not appear to be clearly limited to the emergency phase of an intervention, as distinguished from recovery operations such as decontamination of the site. The Committee hopes that the Government will re-examine sections 7 and 8, paragraphs 1 and 2, of the Radiation Decree, in the light also of paragraphs 233 and 236 of the International Basic Safety Standards for Protection against Ionizing Radiation, referred to in point 1 above, and that it will indicate the measures taken or envisaged to further restrict the exceptional exposure of workers.

(b) The Committee notes that under section 8, paragraph 3, of the Radiation Decree, "A pregnant woman shall not be ordered to take part in measures causing exposure to radiation referred to in this section"; it would thus appear that other workers may be ordered to take part in such measures. Referring to paragraph 234 of the above-mentioned International Basic Safety Standards, the Committee hopes that the Government will adopt provisions to ensure that workers who undertake actions in which the dose may exceed the maximum single-year dose limit shall be volunteers and shall be clearly and comprehensively informed in advance of the health risk involved, and that it will report on the measures taken to this end.

3. The provision of alternative employment. In its observation under the Convention, the Committee has noted with satisfaction the adoption of legislative provisions under which a pregnant woman working in conditions in which the development of the foetus may be endangered by ionizing radiation must if possible, be assigned other suitable work, unless the source of the risk can be eliminated from the work or working conditions. The Committee notes from the Government's report that no similar provisions exist for providing alternative work opportunities not involving exposure to ionizing radiation for workers whose exposure has exceeded the set maximum value. Referring to the explanations given in paragraphs 28 to 33 of its 1992 general observation and the principle reflected in paragraph 96 of the above-mentioned International Basic Safety Standards, the Committee hopes that the Government will re-examine the situation with a view to adopting appropriate measures to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment, and that the Government will report on the measures taken.

4. Referring to point 2 of its observation under the Convention, the Committee requests the Government to supply with its next report information on the measures taken to keep track of outside workers employed by nuclear power plants, their periods of such employment, levels of exposure to ionizing radiation and health status, including any available statistics.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government in its latest report.

1. Articles 3, paragraph 1, and 6, paragraph 2 of the Convention. Further to its general observation of 1992 under the Convention, the Committee notes with satisfaction the adoption and coming into force of the new Radiation Act (592/91) and Radiation Decree (1512/91) which are based on the 1990 Recommendations of the International Commission for Radiological Protection (ICRP publication No. 60); the new legislation, inter alia, sets forth the principles of licensing, optimization and individual protection related to the use of radiation, has lowered the dose limits for radiation workers and for other persons, with specific dose limits for pregnant workers, in accordance with the ICRP Recommendations, and also covers natural radiation. The Committee likewise notes with satisfaction from the Government's report that, under amendment 1192/90 of the Sickness Insurance Act and amendment 717/91 of the Sickness Insurance Decree (473/63), the Council of State Decision concerning protection against occupational risk of mutagenic and teratogenic damage and of impaired reproduction (1043/91), and the Ministry of Labour Decision on factors posing a risk of mutagenic or teratogenic damage or of impaired reproduction (1044/91), a pregnant woman working in jobs or conditions in which the pregnancy or the development of the foetus may be endangered by a chemical substance, (ionizing) radiation or contagious disease must, if possible, be assigned other suitable work, unless the source of the risk can be eliminated from the work or working conditions. A doctor familiar with the working conditions determines the extent of the risk case by case. If no other work can be assigned, the worker is entitled to special maternity leave for the duration of the pregnancy.

2. In its previous observation the Committee had noted observations made by the Central Organization of Finnish Trade Unions (SAK) that there were problems with the enforcement of radiation protection legislation with regard to the many outside workers employed by nuclear power plants, particularly for annual maintenance, and that the labour protection delegates and shop stewards did not always receive adequate information about radiation protection. The Committee notes the Government's reply in its report that by virtue of several decisions of the Council of State (i.e. 1672/92 and 743/78), issued in accordance with the Occupational Health Care Act (743/78), all those who may be exposed to ionizing radiation at work are covered by the prescribed health checks, that employers are obliged to give these workers adequate information in regard to occupational health hazards at the workplace, their prevention and the correct working methods, and that under section 6 of the Occupational Health Care Act, the labour protection committee and the labour protection delegate are entitled to obtain from the occupational health care personnel such information obtained by them in their work which is relevant to the health of workers and the promotion of a healthy working environment. The Committee also notes the Government's indication in its report that the Central Organization of Finnish Trade Unions has stated that the present practice at workplaces is appropriate and that the provisions are being obeyed.

3. The Committee is raising certain questions in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's report concerning the application of Article 16(3) and Article 19(e) of the Convention. It further notes the comments made by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK) and the Commission for Local Authority Employers (KT). The Committee requests the Government to provide additional information, in its next report, on the following points:

1. Article 5(e). In its previous comments, the Committee recalled that this provision was designed to protect workers from any disciplinary measures as a result of actions taken by them in conformity with the National Working Environment Programme (NWEP). In its latest report, the Government has once again stated that, under the Employment Contracts Act, workers are protected from dismissal on the basis of actions which might be taken by them under the NWEP. The Government adds that the Employment Contracts Act protects workers against discrimination on the basis of membership in trade unions and that workers are also protected against any harmful consequences which could result from the use of their right to refuse dangerous work. The SAK has stated, however, that the existing legislation does not include any special provision which would prohibit the employer from taking unlawful disciplinary measures, other than dismissal, against the worker for appropriate action taken under the NWEP. As concerns the prohibition against discrimination, the SAK adds that the burden of proof in this area lies with the employee.

The Committee would recall that this Article of the Convention is designed to guarantee protection against any disciplinary measures and should not be limited to issues of dismissal. Furthermore, there are many activities which might be rightfully taken by workers under the NWEP other than the right to remove oneself from serious and imminent danger. It therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of workers from any disciplinary measures taken against them for acting in conformity with the national policy on occupational safety, occupational health and the working environment.

2. As in its previous comments, the SAK has stated that there are still defects in training and the provision of information and guidance concerning occupational safety and health, thus contributing to the number of occupational accidents. The Government has indicated that recent amendments to the Labour Protection Act promote the employees' opportunities to get advance information and necessary guidance and to oblige the employer to take greater care in providing instructions and guidance. Further obligations have been placed upon the employer to ensure that workers of an outside employer receive the necessary information and instructions concerning hazards in the workplace. The Government is requested to keep the Office informed of any measures taken or envisaged to promote training more appropriately adapted to the training needs of all workers, in accordance with Article 14 and to provide any information available concerning arrangements made at the level of the undertaking, including samples of workplace occupational safety and health programmes, to provide workers with appropriate training in occupational safety and health as provided for in Article 19(d).

3. The Committee notes the statement made by the TT and the LTK concerning the lack of legislation to provide employers with the opportunity to control employee's use of protective equipment in situations where the employer thinks it necessary. The Government is requested to indicate the measures taken to ensure that workers, in the course of performing their work, cooperate in the fulfilment by their employers of their obligations, including the use of protective equipment in cases where this is required by the competent authority, in accordance with Article 19(a).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's report concerning Article 10 of the Convention. It also notes the comments made by the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK), the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) provided in the Government's report.

1. The Committee notes from the Government report in reply to its previous comments that the revision of the instructions concerning the contents of occupational health care had once again been delayed. The Government now indicates that the draft instructions were adopted in September 1993 by the Advisory Committee on Occupational Health Care and should be published in the autumn of 1993. The Government is requested to provide, in its next report, a copy of the revised instructions. The Government is also requested to provide a copy of the book on occupational health-care services for forest workers to be issued in autumn 1993 to which it also referred in its report.

2. Article 3, paragraphs 2 and 3, of the Convention. In its previous comments, the Committee noted that the coverage of occupational health services had not increased from the 95 per cent of all employees which was indicated in its first report. It further noted that efforts were being made to increase the coverage, particularly in small localities and in the construction and transport industries. In its latest report, the Government has indicated that, while there are ready-made plans for providing occupational health services for construction work, they have not been implemented due to the high unemployment rate in the industry caused by the economic recession. As concerns small workplaces, the Government indicates that the Occupational Safety Inspectorates have in recent years had many successful projects with local health authorities and occupational health-care units in order to develop occupational health care in this area.

The Committee notes the comments made by the TT, LTK, SAK and AKAVA which all refer to the difficulties in providing occupational health care due to the uncertainty of financial support and the reductions in the compensation percentage of the costs to be paid by the Social Insurance Institution. The SAK states that the services are still not available at many workplaces and the AKAVA notes that many workplaces have agreements on occupational health care but no services. The Government is requested to continue to provide information on the measures undertaken to extend the coverage of occupational health services to all workers and to indicate any progress made on the implementation of plans to provide such services for the construction industry and small workplaces.

3. Article 15. The Committee notes with interest from the Government's latest report that the general principles of secrecy and confidentiality of health-care data are covered in the guidebook on good professional practice in occupational health care. It further notes that the Ministry of Social Affairs and Health, the Ministry of Labour, the Advisory Committee on Occupational Health Care and the Office of Data Protection Ombudsman have negotiated the details of confidentiality with respect to health data registers and the use of computer technology. Instructions and legislative amendments in this regard are to be proposed in winter 1993-94. The Government is requested to provide the Office with a copy of any new legislation or instructions issued concerning the confidentiality of health-care data.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's report on the application of Article 6, paragraph 3, Article 10(a), Article 15, paragraphs 2 and 4, Article 18, paragraph 3, Article 20, paragraph 1, Article 21, paragraphs 2 and 4 and Article 22, paragraphs 1 and 2 of the Convention. It further notes with interest the adoption in 1992 of the Council of State Decision No. 852 on prohibiting the manufacture, import, sale and use of asbestos and products containing asbestos. The Government is requested to provide further clarification on the following points:

1. Article 17, paragraphs 1 and 2. The Committee notes the information provided in the Government's report in reply to its previous comments and the adoption of Council of State Decision No. 1413/91 amending section 8 of the Council of State Decision No. 886/87 on work with asbestos. It further notes the indication in the Government's report that there had been several legal proceedings concerning demolition work. The Government is requested to provide copies of any judgements issued in this regard which may be relevant to the practical application of these provisions of the Convention.

2. Article 20, paragraph 4. In its previous comments, the Committee requested the Government to indicate the measures taken to ensure workers the right to request the monitoring of the working environment. The Government has indicated in its report that employees must inform the employer of hazards in the working environment and that the employer must indicate the measures to be taken to remedy the situation. Employees then have the right to present alternative proposals to the employer. Part 7 of the Final Report of the Institute of Occupational Health on the Asbestos Program 1987-92 highlighted the need for more frequent measurement of asbestos dust in workplace air in building maintenance and in jobs where new use is still allowed (brake and gasket materials). Section 19 of the Council of State Resolution on Asbestos Work No. 886 of 26 November 1987 provides that the employer shall ensure regular monitoring of the working environment. The Government is requested to indicate the manner in which it is ensured that, upon the workers request (and not simply an alternative proposal which may not be heeded by the employer), the working environment shall be monitored by the employer, in accordance with this provision of the Convention.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's report in reply to its previous observation with respect to penalties imposed in accordance with Article 16 of the Convention. It further notes the statements made by the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK) and the Central Organization of Finnish Trade Unions (SAK), communicated with the Government's report concerning the application of the Convention.

In its previous comments, the Committee had noted the concerns raised by the Finnish workers' organizations (SAK and TVK) that the measures taken by the Government were insufficient for meeting the requirements of Article 8 because there were not enough limit values with respect to air pollution, noise and vibration which were legally binding on the employers. In this regard, the employers' organizations had stated that the creation of the Council for the Assessment of Health Risks of Chemicals and the Chemical Labour Protection Advisory Council had improved the administrative arrangements necessary for the application of this Article of the Convention.

In its latest report, the Government refers to the Council of State Decision (920/92) which provides that the Ministry of Labour may fix concentrations of airborne impurities known to be dangerous which the employer must take into account when assessing the hazards of the workplace and workers' exposure (section 6). By virtue of this Decision, these concentrations must be set in the light of scientific knowledge and, in particular, must take into account the reference limit values published by the Commission of the European Communities. Furthermore, section 5 of the Decision provides that the Council of State shall, if necessary, separately fix binding limit values for workplace air impurity which, if exceeded, shall require the employer to take immediate action to reduce the levels of exposure.

In their latest observations, the Central Organization of Finnish Trade Unions (SAK) states that the grounds used to assess occupational hazards caused by air impurities, noise and vibration are still deficient and that there is still too little monitoring of the working environment and assessment of exposure. In reply, the employers' organizations (TT and LTK) stated that the Convention did not call for binding limit values in a categoric fashion and recalled that Finnish legislation did lay down some binding limit values, for example, with respect to noise exposure.

The Committee would recall that Article 8 of the Convention calls for the competent authority to establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment and, where appropriate, to specify exposure limits on the basis of these criteria. Under Article 4, measures are to be prescribed for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. Exposure limits may be necessary in order to ensure the effective protection of workers' health with respect to air pollution, noise and vibration. The Committee notes the indication in the Government's report that new limit values will be worked out as scientific grounds for determining the risks posed by chemical substances become clear. The Government has further indicated that the proposals will be processed by the tripartite Chemical Labour Protection Advisory Council. The Committee requests the Government to supply information on any new limit values set either by the Council of State under section 5 of Decision 920 of 1992 or by the Ministry of Labour under section 6.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee takes note of the information supplied in the Government's report.

1. The Committee notes from the Government's report the statement made by the Central Organization of Finnish Trade Unions (SAK) in which it draws attention to the number of accidents during the use of machinery, and considers that it is necessary to intensify the supervision of the labour protection in this respect. In the Organization's view, special attention should be paid to improving the guidance and training of workers with regard to the use of machinery. The Government is requested to comment on this statement.

2. The Committee requests the Government to indicate the measures taken to ensure that appropriate inspection is carried out, in conformity with Article 15, paragraph 2, of the Convention. In particular, the Government is requested to give an appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from official reports, reports of the inspection services, and information on the number of workers covered by the legislation, as well as on the number of occupational accidents reported (point V of the report form).

3. The Committee notes that Finland, as one of the EFTA countries which have signed the EEA agreement, is to carry into effect national provisions corresponding to the EC Directives and to repeal national provisions conflicting with the Directives. The Committee also notes that a proposal for a Council of State decision on machine safety corresponding to the Council Directive relating to machinery (89/392/EEC, 91/368/EEC) has been prepared and that it will be carried into effect simultaneously with the EEA agreement. The Government is requested to provide with its next report a copy of this text.

4. The Committee notes that, as a member of the Finnish Standards Association (SFS), the National Board of Labour Protection has taken an active part in the work of the European Standardization Organization (CEN) in the machine safety sector. The Committee also notes that the National Board of Labour Protection has drawn up a number of national standards falling within the scope of application of the Convention listed in the Government's report. The Committee requests the Government to provide their texts as soon as they have been approved.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's report. It also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) included in the Government's reports under this Convention and under the Hygiene (Commerce and Offices) Convention, 1964 (No. 120).

1. The Committee notes from the Government's latest report in reply to its previous comments that the directives on the content of occupational health services had been delayed because of organizational reforms in the central administration of the public health services, but that the new directives should be issued in the autumn of 1991. The Government is requested to provide, in its next report, a copy of any new or revised directives concerning occupational health services issued since its most recent report.

2. Article 3, paragraphs 2 and 3, of the Convention. The Committee notes from the Government's report that the coverage of occupational health services has not grown from the 95 per cent of all employees indicated in its first report. It further notes the comments made by the SAK that, in practice, there are deficiencies in occupational health services particularly at small workplaces and in certain sectors and that occupational health services provided by health centres are inadequate. It notes with interest from the Government's report that efforts are being made to increase the coverage, particularly in small localities and in the construction and transport industries. The Government is requested to continue to provide information on the measures undertaken to extend the coverage of occupational health services to all workers and to indicate whether the working group proposal for occupational health services in the construction industry has been completed and, if so, to provide a copy of the proposal. The Committee would also appreciate it if the Government would comment on the allegation by the SAK that occupational health service provided by health centres are inadequate.

3. Article 10. In its previous comments, the Committee had noted the Government's indication in its report that the independent status of occupational health personnel was essential to the adequate functioning of these services and that the National Board of Health had begun preparatory work on the formulation of a professional code for occupational health services in cooperation with workers' and employers' organizations. In its latest report, the Government has indicated that a recommendation for good professional practices in occupational health services was to be published and distributed in autumn 1991. The Government is requested to supply the Office with a copy of this recommendation with its next report.

4. Article 15. The Committee notes with interest the indication in the Government's latest report that occupational health care personnel are bound by regulations concerning the confidentiality of health care data under which any information which they gain about the health of the employee in the course of their professional activities cannot be passed on to the employer without the employee's consent. With reference to its previous comments, the Committee again requests the Government to provide a copy of the directive on confidentiality issued by the National Board of Health to which the Government made reference in its first report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's first and second reports on the application of the Convention. The Committee also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) and the Finnish Employers' Confederation (STK) which were included in the Government's reports.

In its latest report, the Government mentioned the adoption of the most recent Decision of the Council of State concerning prohibition of the manufacture, importation, sale and use of asbestos and asbestos-bearing products. The Government is requested to supply a copy of this Decision with its next report. The Government is also requested to provide further information on the following points:

1. Article 6, paragraph 3, of the Convention. The Committee notes that section 36 of the Labour Protection Act calls for the provision of first-aid supplies and a person responsible for first aid at the workplace. Section 11 of the Council of State Decree on Occupational Health Care as the Responsibility of the Employer No. 1009 of 14 December 1978 calls for the employer to, if necessary, use the expertise of health professionals when first-aid readiness is being planned or maintained. The Committee would recall that this Article of the Convention calls for procedures for dealing with emergencies to be prepared by employers, after consultation with the workers' representatives concerned. The Government is requested to provide further information on the types of emergency plans prepared with respect to work involving exposure to asbestos and to indicate the manner in which workers' representatives are consulted in their preparation. The Government is also requested to provide copies of any emergency plans available.

Article 10(a). The Committee notes that section 6 of the Council of State Resolution on Asbestos Work No. 886 of 26 November 1987 provides that asbestos material shall be replaced by other material where the hazard it causes cannot be adequately prevented in any other manner. It would recall, however, that this Article of the Convention provides that, whenever possible, asbestos or products containing asbestos should be replaced by other materials or products or the use of alternative technology scientifically evaluated as harmless or less harmful. The Committee notes that section 5 of the Council of State Resolution respecting the Prevention of the Risk of Employment-Related Cancer of 6 June 1983 provides that the employer shall ensure that, whenever it is technically and reasonably practicable, substances used in a workplace which present a cancer risk are replaced by less harmful substances. The Government is requested to indicate the manner in which, in practice, asbestos is replaced by other harmless or less harmful substances whenever possible.

Article 15, paragraphs 2 and 4. The Committee requests the Government to indicate the manner in which the exposure limits set forth in section 5 of the Resolution on Asbestos Work are periodically reviewed and updated in the light of technological progress and advances in technological and scientific knowledge. The Government is also requested to indicate the measures taken to ensure that the protective equipment provided under paragraph 4 of this Article is provided at no cost to the workers.

Article 17, paragraphs 1 and 2. The Committee notes that section 8 of the Resolution on Asbestos Work requires authorization for all demolition work involving asbestos material with the exception of work in which the entire roof or wall tiles made of asbestos cement are removed from the outside of buildings or in which the entire time needed for the demolition work does not exceed one hour. It notes the SAK comment that there are failures in drawing up work plans for asbestos demolition and deficiencies in working methods and the training of workers at small workplaces. The Committee would recall that this Article of the Convention provides that the demolition of structures containing asbestos and the removal of asbestos from buildings shall only be undertaken by employers or contractors who have been authorized to do such work. Under paragraph 2 of this Article, work plans must be drawn up prior to the commencement of the demolition work. The Government is requested to indicate the measures taken to ensure that all demolition work involving asbestos is carried out with authorization and that the necessary work plans are drawn up in this regard.

Article 18, paragraph 3. The Committee notes that section 13 of the Resolution on Asbestos Work provides for separate clothing cupboards for working clothes and for outdoor clothes. The Government is requested to indicate the measures taken to ensure that work clothing, special protective clothing and personal protective equipment are not taken home.

Article 20, paragraph 1. The Government is requested to supply a copy of the SFS Standard 3868 referred to in its report.

Article 20, paragraph 4. The Committee notes that section 19 of the Resolution on Asbestos Work calls for regular monitoring of the working environment. It further notes that sections 18 to 20 of the Supervision of Labour Protection Act of 16 February 1973 provide for the possibility to appeal decisions taken by the labour protection authority. The SAK has indicated in its comments, however, that there is too much asbestos dust at building sites and that supervision should be more efficient. The Committee would recall that this Article of the Convention also provides that workers or their representatives shall have the right to request the monitoring of the working environment. The Government is requested to indicate the measures taken to ensure the application of this provision in this respect.

Article 21, paragraphs 2 and 4. The Committee notes that section 44 of the Labour Protection Act provides that medical examinations shall be provided to workers at the cost of the employer. It requests the Government to indicate the measures taken to ensure that the monitoring of workers' health takes place, as far as possible, during working hours. The Government is also requested to indicate the measures taken to provide workers with other means of maintaining their income when continued assignment to work involving exposure to asbestos is medically inadvisable.

Article 22, paragraphs 1 and 2. The Committee notes the comments made by the SAK that information and training concerning health hazards caused by asbestos at building sites should be improved. The Government is requested to indicate the arrangements made to promote the dissemination of information concerning the hazards due to asbestos exposure and the measures taken to ensure that employers have established written policies and procedures on measures for the education and periodic training of workers on asbestos hazards and methods of prevention and control.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the comments raised by the Central Organization of Finnish Trade Unions (SAK) which were contained in the Government's report and refers in this regard to its comments addressed directly to the Government under the Occupational Health Services Convention, 1985 (No. 161).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee has taken note of the comments made by the Central Organization of Finnish Trade Unions (SAK) and the Finnish Employers' Confederation (STK) in the Government's reports. The Committee is dealing with these comments and other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. With reference to its observation, the Committee notes with interest the adoption of the Radiation Protection Act of 1991. It notes that section 2 of this Act provides that, in all operations involving exposure to radiation, the radiation to which an individual is exposed must not exceed the maximum prescribed by ordinance. The Committee further notes from the Government's report that the decree to be issued under the new radiation Act is intended to include provisions on new dose limits. In this regard, the Committee would draw the Government's attention to its General Observation under this Convention which sets forth the new dose limits adopted in 1990 by the International Commission on Radiological Protection (publication No. 60). It hopes that the Ordinance concerning dose limits referred to by the Government will be adopted in the near future and that it will take into account the current scientific knowledge, in accordance with Article 3, paragraph 1 and Article 6, paragraph 2 of the Convention. The Government is requested to provide a copy of any decrees issued under the new Radiation Protection Act as soon as they have been adopted.

II. The Committee notes with interest the information provided in the Government's report in response to its General Observation of 1987 concerning measures to be taken in abnormal situations, such as accidents, where levels of exposure to ionising radiation may exceed the levels prescribed by national legislation for normal conditions. The Committee notes from the Government's report that the Occupational Safety Act of 1988 includes a provision according to which any mutagenic or teratogenic hazards should be taken into account when assessing risk factors caused by working conditions. In this regard, the Committee would call the Government's attention to its General Observation under this Convention, in particular, paragraph 13 concerning dose limits for pregnant women directly engaged in radiation work. The Government is requested to indicate the manner in which mutagenic or teratogenic hazards have been taken into account in determining the risk factors caused by working conditions and whether this has been taken into account in the setting of dose limits for pregnant women. The Government is also requested to indicate the steps taken or being considered in relation to the other matters raised in the conclusions to the General Observation under this Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in the Government's latest report concerning the Council of State decision (1043/91) and the Ministry of Labour decision issued thereunder which ensure that pregnant employees shall not be engaged in work involving exposure to benzene. It further notes the Government's indication in its report that, because of the Finnish social security system and working culture, breast-feeding mothers are not in practice engaged for work which involves exposure to benzene. The Committee requests the Government to provide further information concerning the manner in which the social security system and the working culture, or any other measures, ensure, in effect that nusing mothers (including those previously engaged in work processes involving exposure to benzene) shall not be employed in work involving exposure to benzene for the entire nursing period, in conformity with Article 11, paragraph 1, of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the Government's report and the observations made by the Central Organisation of Finnish Trade Unions (SAK) on the application of the Convention, transmitted by the Government without comment.

According to the SAK, there are problems with the supervision of the Radiation Protection Act with regard to nuclear power plants. The SAK indicates that the plants employ many outside workers, particularly for annual maintenance, and that there is a failure to notify these outside workers about radiation doses. The Committee notes that Article 2, paragraph 1, of the Convention provides that the Convention applies to all activities involving exposure of workers to ionising radiation in the course of their work. Furthermore, Article 9 provides that any information necessary concerning the presence of hazards from ionising radiations and adequate instructions in the precautions to be taken for their protection and the reasons therefor shall be provided to the workers. The Committee notes that section 25 of the Radiation Protection Act provides that only a person with the necessary working skills and competence may install, repair and service radiation-generating appliances. It further notes that, under section 36 of the Act, workers shall receive training and guidance respecting their duties in accordance with the nature of the operations and conditions at the workplace in order to ensure adequate prevention of unnecessary exposure to radiation and the risk of occurrences leading to excessive exposure to radiation. The Government is requested to indicate the measures taken or envisaged to ensure that outside workers whose work involves entering establishments in which there are radiation sources, in particular to conduct annual maintenance, are provided with the necessary information and instruction with regard to ionising radiations.

The SAK also indicated that the labour protection delegates and shop stewards do not always receive adequate information about radiation protection. The Government is also requested to indicate the manner in which it is ensured that these workers receive the necessary information and instruction, in accordance with Article 9 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information provided in the Government's latest report and the comment made by the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees (TVK) transmitted by the Government. According to the SAK, the current grounds for the registration of workers exposed to carcinogenic substances is insufficient and inspections carried out by the labour protection authorities should be intensified. The Committee notes from the Government's report that a register is kept of persons exposed to carcinogenic substances by virtue of sections 10 and 11 of the Council of State Decision 583/85 concerning protection against the risk of cancer at work. Section 10 of Decision 583/85 further provides that the directorate of worker protection is responsible for ensuring that information concerning carcinogenic substances and the workers exposed to these substances is kept in a register. The Committee recalls that Article 3 of the Convention calls for the establishment of an appropriate system of records in respect of carcinogenic substances and, under Article 6(c), appropriate inspection services shall be provided for the purpose of supervising the application of the Convention. It would point out that Paragraph 15(2) of the Occupational Cancer Recommendation suggests that, in establishing a system of records, account should be taken of the assistance which may be provided by international and national organisations, including organisations of employers and workers. The Committee requests the Government to provide information in its next report concerning the practical application of the Convention as requested under point IV of the report form, in particular as concerns the means for ensuring accurate registration of workers exposed to carcinogenic substances.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

1. The Committee notes with interest the information provided in the Government's first report on the application of the Convention. The Government has indicated in its report that circulars and directives issued by the National Board of Health on the organisation of occupational health care and its medical content are currently being revised and has also referred to a document concerning a programme of action to promote occupational health care. The Government is requested to provide, in its next report, a copy of this programme of action as well as any revised circulars or directives.

2. The Government is requested to provide further clarification on the following points:

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes from the Government's report that 95 per cent of all persons employed in the public and private sectors are covered by occupational health care. It further notes that, under section 8 of the Occupational Health Care Act No. 473 of 1978, an advisory board for the planning and development of occupational health care is created. The Government is requested to provide information on any activities of this advisory board to promote the establishment of occupational health services for undertakings where they are not yet available and provide copies of any plans drawn up in this regard in consultation with the most representative organisations of employers and workers concerned.

Article 4. The Committee notes that the Government has referred to an agreement between the labour market organisations concerning the development of occupational health care. The Government is requested to provide a copy of this agreement with its next report.

Article 8. The Committee notes the Government's indication that the provision of occupational health services presupposes close co-operation with the people responsible for the workplace personnel administration and planning and with the workplace labour protection organisation and labour protection authorities. The Government is requested to provide further information on the manner in which the workers and their representatives can participate in the implementation of the organisational measures relating to occupational health services on an equitable basis.

Article 9. (a) Paragraph 1. The Committee notes from the information provided in the Government's report that doctors, public health nurses and physiotherapists have been specified as professional occupational health personnel by the National Board of Health. It further notes the Government's indication that the professional skills of occupational health-care personnel are to be made more multidisciplinary through supplementary health-care personnel training, on the one hand, and by improving the availability of expert service, on the other. The Government is requested to continue to provide information on the steps taken to expand the multidisciplinary nature of these services.

(b) Paragraphs 2 and 3. The Government is requested to provide information on the manner in which it is ensured that occupational health services carry out their functions in co-operation with the other services in the undertaking. The Government is also requested to indicate the measures taken to ensure adequate co-operation and co-ordination between occupational health services and other bodies concerned with the provision of health services.

Article 10. The Committee notes the Government's indication in its report that the independent status of occupational health personnel is essential to the adequate functioning of these services and that the National Board of Health has begun preparatory work on the formulation of a professional code for occupational health services in co-operation with employers' and workers' organisations. The Government is requested to supply the Office with a copy of this professional code once it is finalised.

Article 14. The Committee notes from the Government's report and the provisions of section 3 of the Council of Ministers Decree on occupational health care as the responsibility of the employer, No. 1009 of 1978, that occupational health personnel must take into account information concerning occupational diseases, the occurrences of health hazards and the rise and frequency of harmful aspects in any particular sector of work. The Government is requested to provide information on the measures taken to ensure that occupational health services will be informed by the employer and workers of any known or suspected factors in the working environment which may affect workers' health.

Article 15. (a) The Committee notes the indication in the Government's report that occupational health personnel shall take account of information concerning ill health and sudden cases of sickness arising from work. The Government is requested to indicate the measures taken to ensure that occupational health services are informed of occurrences of ill health amongst workers and absence from work for health reasons.

(b) The Committee notes that section 6 of the Occupational Health Care Act provides that occupational health personnel shall not reveal information determined to be confidential by ordinance or regulation without the permission of the person for whose benefit such confidentiality was enacted. Furthermore, it notes the Government's indication that the National Board of Health has issued a directive on confidentiality. The Government is requested to indicate whether this directive specifically provides that occupational health services shall not be required by the employer to verify the reasons for absence from work and to provide a copy of the directive.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee has taken note of the Government's report and the comments made by the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees (TVK). It would be grateful if the Government would provide additional information, in its next report, on the following points:

Article 5(e) of the Convention. The Committee would recall that this provision is designed to protect workers from any disciplinary measures as a result of actions taken by them in conformity with the National Working Environment Programme. It notes the information supplied by the Government concerning the justifiable reasons for dismissing an employee provided for by sections 30 and 43 of the Employment Contracts Act. It notes, however, that this Article is designed to guarantee protection against any disciplinary measures and should not be limited to issues of dismissal. It therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of workers from any disciplinary measures taken against them for acting in conformity with the national policy on occupational safety, occupational health and the working environment.

2. The Committee notes that in its comments, the SAK has indicated that there is often disagreement concerning the determination of situations in which protective equipment should be provided; this, in the SAK's opinion, results in inadequate application of Article 16(3) and other provisions of the Convention. The Committee requests the Government to indicate the manner in which determinations are made concerning the circumstances in which protective equipment is required and to indicate the authorities who make this determination.

The Committee would also recall that Article 19(e) provides that workers or their representatives shall be consulted by the employer on all aspects of occupational safety and health associated with their work and that, for this purpose, technical advisers may, by mutual agreement, be brought in from outside the undertaking. The Government is requested to provide information on the arrangements made at the level of the undertaking to ensure that workers are consulted concerning determinations made with regard to the provision of protective equipment and whether technical advisers can be brought in for assistance in this regard.

The SAK has also stated that training and provision of information concerning occupational safety and health are insufficiently organised and that this inadequacy is often the cause of occupational accidents. The Committee requests the Government to indicate whether any measures have been taken to promote training more appropriately adapted to meeting the training needs of all workers, in accordance with Article 14 and to indicate any information concerning arrangements made at the level of the undertaking to provide workers with appropriate training in occupational safety and health as provided for in Article 19(d).

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information and copies of new legislation provided by the Government in its report as well as the statements made by the Finnish Employers' Confederation (STK), the Employers' Confederation of Service Industries (LTK), the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees (TVK), communicated with the Government's report.

In its previous comments, the Committee had noted the creation of the Council for the Assessment of Health Risks of Chemicals and the Labour Protection Committee on Chemistry charged with the task of proposing binding limit values for impurities in the air. At that time, the employers' organisations (STK and LTK) had stated that these committees had improved the administrative arrangements necessary for the application of Article 8 of the Convention, whereas the workers' organisations (SAK and TVK) considered the measures taken by the Government insufficient for meeting the requirements of this Article as the bulletin adopted by the National Board of Labour Protection only covers impurities in the air and is not legally binding on the employers.

In their latest observations, the employers' organisations (STK and LTK) state that the Chemical Labour Protection Advisory Council (the Committee understands this to be the Labour Protection Committee on Chemistry created by the Council of State Resolution No. 585 of 6 June 1985) plays a key role in the preparation of official regulations to give effect to the Convention. The workers' organisations (SAK and TVK), however, continue to note that there are not enough mandatory regulations on limit values which are binding on the employer.

The Committee notes with interest the information supplied in the Government's report concerning the legally binding limit values for asbestos, benzene and lead compounds established by the Council of State. It notes, however, that there are as yet no legally binding limit values concerning other air pollutants, noise or vibration. In its report, the Government states that, although the instructions given by labour inspectors are not legally binding, the labour protection district office can take legal action against the employer, including the imposition of fines or imprisonment. The Committee requests the Government to indicate any specific cases in which legal action has been taken against an employer for failure to implement instructions concerning limits of exposure to air pollution, noise and vibration. Furthermore, in its previous direct requests, the Committee has asked the Government to indicate the type of penalties imposed when an employer fails to implement a labour inspector's instructions, in accordance with Article 16 of the Convention. As the Government's report has not indicated the nature of the penalties imposed, the Committee once again expresses the hope that the Government will not fail to indicate in its next report the penalties provided in order to ensure the observance of the instructions given by the labour inspector concerning measures for the prevention of the risks of air pollution, noise and vibration.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes with satisfaction Act No. 287, issued on 31 March 1988 which establishes section 9(c), to be added to Act No. 299/58 on worker protection. Section 9(c) provides that a worker has a right to remove himself or herself from work which presents a serious danger to life or health and that this right continues until the employer has taken the measures necessary to make the situation safe, thus ensuring the application of Articles 13 and 19(f) of the Convention. The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. With reference to its previous direct request, the Committee notes the Government's reply and the comments made by the Finnish Employers' Confederation (STK), the Employers' Confederation of Service Industries (LTK) and the Central Organisation of Finnish Trade Unions (SAK) on the application of Article 11, paragraph 1, of the Convention. It notes that section 9 of Act No. 27 of 16 January 1987 amending the Labour Protection Act provides that the employer shall take all measures necessary to protect the health of workers from accidents and illness, and that in evaluating risk factors connected with working conditions account is taken of the risk for genetic and foetal damage. The Committee observes that this provision does not appear to be specific enough to ensure that women medically certified as pregnant and nursing mothers are not employed in work processes involving exposure to benzene or products containing benzene, as required by paragraph 1 of Article 11 of the Convention. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that, in practice, section 9 of Act No. 27 is interpreted as prohibiting the employment of such women in work involving exposure to benzene or products containing benzene. Please supply copies of any administrative circular or court decision to this effect.

2. The Committee notes that the Government's report does not contain a reply to the other points raised in its previous direct request. It therefore again requests the Government:

- to provide examples of the special measures provided for under section 4 of Resolution No. 355 of 12 June 1982, to prevent benzene vapour from being dispersed in the surrounding air of premises where benzene or products containing benzene are manufactured, handled or used (Article 6, paragraph 1, of the Convention);

- to indicate (a) if under section 7 of Resolution No. 355 the Workers' Protection Board has granted exceptions to its application, and (b) if the Minister for Social Affairs and Health has issued more detailed provisions governing its application under section 8 of this resolution.