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

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

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.