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

Occupational Cancer Convention, 1974 (No. 139) - Finland (Ratification: 1977)

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.