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

Guarding of Machinery Convention, 1963 (No. 119) - Finland (Ratification: 1969)

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.