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

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

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.