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

Benzene Convention, 1971 (No. 136) - Finland (Ratification: 1976)

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.