Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Finland (Ratification: 1968)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comment on Convention No. 115Previous comment on Convention No. 119Previous comment on Convention No. 120Previous comment on Convention No. 136Previous comment on Convention No. 139Previous comment on Convention Nos 148, 170 and 174Previous comment on Convention No. 155 and its Protocol of 2002Previous comment on Convention No. 161Previous comment on Convention No. 162Previous comment on Convention No. 167Previous comment on Convention No. 176Previous comment on Convention No. 184Previous comment on Convention No. 187 

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK) on Conventions Nos 115, 120, 136, 139, 148, 161, 167, 184 and 187 and of the Finnish Confederation of Professionals (STTK) on Conventions Nos 139, 161, 162 and 187, communicated with the Government’s reports.

Application of Conventions Nos 115, 119, 120, 136, 139, 148, 155, 161, 162, 167, 170, 174, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes that, according to the Government’s reports, the number of work-related accidents for salary and wage earners fell from 96,396 in 2015 to 86,606 in 2020, but the private health and social services sector saw occupational accidents increase from 4,408 in 2015 to 5,651 in 2020. The Committee also notes the Government’s indication that, while occupational accidents in the construction sector have generally decreased, work categorized under the “employment service” sector, which includes temporary agency work, shows a high frequency of accidents, with workers assisting in industry and construction experiencing the majority of accidents in that category. The Committee notes the Government’s statement that the number of recognized occupational diseases in the working-age population has decreased for several years, with, in particular, fewer cases of noise-induced hearing loss and asbestos-related diseases. According to the SAK’s observations on Convention No. 148, however, noise injury remains the most common occupational disease in Finland and better protection of pregnant workers from noise and vibration is a topical challenge under focus. The Government does not respond to those observations. The Committee thus requests the Government to continue to indicate the measures taken or envisaged to decrease the number of occupational accidents and diseases, particularly in the above-mentioned workplaces with increasing or persistently higher rates of occupational injuries, and for those workers engaged in the "employment service " sector, including temporary agency work.

Article 11 of Convention No. 115, Article 6 of Convention No. 136, Articles 2(2) and 3 of Convention No. 139, Articles 15(3) and 20(1) of Convention No. 162, and Article 28 of Convention No. 167. Monitoring of exposure levels. Notification to the competent authority. The Committee notes the SAK’s observations on Conventions Nos 115, 136, 139 and 167 expressing concerns regarding the adequate monitoring, in practice, of workers’ exposure levels to benzene and radiation, and shortcomings regarding notifications of carcinogens to the register for workers at risk of exposure to carcinogenic substances and processes (the ASA register), particularly in the construction sector. The STTK, in its observations on Conventions Nos 139 and 162 also refers to an increase in the ASA register, in the period 2010–19, of about 3,000 workers exposed to carcinogens, and of workers exposed to asbestos (4,003 workers in 2019). The Committee takes due note of the Government’s indication that the rising number of workers exposed to carcinogens in the ASA register is linked to greater awareness of statutory notification requirements and to legislative reforms, including the adoption of the Act on the List and Register of Workers Exposed to Carcinogenic Substances and Methods (452/2020). The Committee requests the Government to continue to provide information on any measures taken or envisaged to further strengthen the implementation of statutory requirements regarding the monitoring of workers’ exposure levels to carcinogens, including benzene and asbestos, and of notification requirements to the ASA register.

Article 12 of Convention No. 115, Article 9 of Convention No. 136, Article 5 of Convention No. 139, Article 11 of Convention No. 148, Articles 3, 4 and 12 of Convention No. 161, Article 21 of Convention No. 162, and Article 11 of Convention No. 176. Occupational health services. Health surveillance and medical examinations. Following its previous comments on occupational health services, the Committee notes that one of the objectives of the Government Resolution entitled “Työterveys 2025” (“Occupational Health Care 2025”), published in 2017, is for all employers to have organized appropriate occupational health care, regardless of company size. In this regard, the Committee notes the Government’s indication that 74 per cent of workplaces in Finland have no more than ten employees, according to a 2018 review, and that the Government has undertaken research and other measures to promote occupational health care for small businesses and entrepreneurs. According to the observations of the SAK and the STTK on Convention No. 161, however, some small employers fail to arrange occupational health care at all, and the implementation of occupational health services still has shortcomings, particularly for people engaged in various forms of casual employment, agency work and platform work. The SAK considers that, even in jobs with particular risks, medical examinations and guidance and counselling remain incomplete or wholly unimplemented. In addition, the SAK indicates in its observations under Conventions Nos 162 and 167 that occupational health care is still poorly implemented in the entire construction sector, and that people exposed to asbestos have difficulties securing medical examinations after their employment has ended. The Committee notes the Government’s indication that investigations are being envisaged to determine whether an alternative to the current occupational health card could be found, for the organization and implementation of occupational health care and health monitoring in construction work. The Committee requests the Government to provide further information on the measures taken to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as necessary, after their employment has ended. The Committee also requests the Government to continue to provide information on the measures taken to progressively develop occupational health services for all workers. Additionally, the Committee requests the Government to provide information on the implementation of occupational health services in all sectors, including on the impact of initiatives undertaken in the construction sector in this regard.

Articles 5(c) and 19(d) of Convention No. 155, Article 4(3)(c) of Convention No. 187, Article 22(3) of Convention No. 162 and Article 7(b) of Convention No. 184. OSH training and qualifications. The Committee notes that, in its observations on Conventions Nos 162 and 184, the SAK expresses concerns regarding the adequacy of OSH training for certain workers engaged in asbestos demolition work, such as “posted” workers or entrepreneurs, and for foreign workers engaged in agricultural work. In its observations on Convention No. 187, the SAK also indicates that Finland lacks training criteria or qualification requirements for individuals responsible for OSH at the workplace, including OSH managers responsible for OSH cooperation and OSH representatives. The Committee requests the Government to indicate the measures taken to ensure that adequate and appropriate training and comprehensible OSH instructions and any necessary guidance or supervision are provided to workers in agriculture, taking into account differences in language (Article 7(b) of Convention No. 184). It also requests the Government to provide further information on how employers ensure that all workers exposed or likely to be exposed to asbestos are informed about the health hazards related to their work, instructed in preventive measures and correct work practices and receive continuing training in these fields (Article 22(3) of Convention No. 162). The Committee further requests the Government to indicate whether it envisages adopting training criteria or qualification requirements for persons with OSH responsibilities at the workplace.

A.General provisions

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Article 9 (labour inspection) of Convention No. 155, Article 3(c) of the Protocol and Article 3(3) (national preventive safety and health culture) of Convention No. 187, which responds to its previous requests.

I.Action at the national level

Article 2(1) of Convention No. 187. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. The Committee takes due note of the adoption in 2019 of the policy for the work environment and well-being at work until 2030, developed in consultation with social partners, which specifies the strategy of the Ministry of Social Affairs and Health and guides its operations to ensure OSH at all workplaces, regardless of the form of employment. The SAK and the STTK, in their observations on Convention No. 187, take the view that certain OSH risks have yet to be adequately addressed, including psychosocial risks and OSH risks involved in platform work. In this respect, the Committee notes that the Ministry of Social Affairs and Health has adopted a Mental Health at Work Programme, implemented in cooperation with the Finnish Institute of Occupational Health and other partners. The Committee requests the Government to continue to provide information on the measures taken topromote continuous improvement of OSH and the results thereof, including the impact of the Mental Health at Work Programme.It requests the Government to provide information on measures taken towards the improvement of the OSH of platform workers and to address psychosocial risks of those workers.

Articles 4, 8, 13 and 19(f) of Convention No. 155. Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. Following its previous comments, the Committee notes the measures taken by the Government to reduce threats of workplace violence, including by setting the prevention of violence, harassment and inappropriate treatment in the workplace as an objective of the Implementation Plan for 2022–23 of the policy for the work environment and well-being at work until 2030. The Committee notes that, according to the SAK’s observations on Convention No. 187, threats of physical violence have arisen at approximately one in six workplaces (14 per cent) and direct physical violence had occurred at one in ten workplaces (10 per cent) during the 2017–20 period. The Committee thus requests the Government to provide further information on occurrences where workers have exercised their right to remove themselves from work situations which they had reasonable justification to believe presented an imminent and serious danger to their life or health. The Committee requests the Government to continue to provide information on the impact of measures taken toprevent injury to health, including due to violence and harassment at work.

Article 5(1) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodical review of a national OSH programme. The Committee takes due note of the adoption of the Implementation Plan 2022–23 for the policy for the work environment and well-being at work until 2030. The Committee notes that the actions in the Implementation Plan are monitored annually with reporting and their effectiveness assessed with agreed indicators. The Committee requests the Government to continue to provide information on the evaluation and review of the Implementation Plan 2022–23, in consultation with social partners, as well as on how this evaluation contributes to the formulation of subsequent implementation plans.

II.Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. In reply to its previous request concerning the right of higher-ranking workers to elect OSH representatives, the Committee notes the Government’s indication that senior staff are also deemed to be employees for elections as representatives. The Committee also notes the observations of the SAK on Convention No. 187, underlining that the Act on occupational safety and health enforcement and cooperation on occupational safety and health at workplaces (44/2006) only requires the election of an OSH representative at workplaces with at least ten employees, and that about 20,000 workplaces have fewer than ten employees. The Committee requests the Government to provide information on the election of OSH representatives, in practice, in undertakings with less than ten employees, as well as on any other arrangements to promote cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures in those workplaces.

Occupational Health Services Convention, 1985 (No. 161)

Article 16 of the Convention. Supervision of occupational health services. Following its previous comments, the Committee notes the Government’s information on the results of labour inspections between 2016–21, including its indication that the multidisciplinary nature of occupational health services has clearly improved since 2015, and that only 7 per cent of occupational health care units fell short of satisfying basic conditions. The Committee also notes the observations of the SAK on Convention No. 161, according to which enforcement work in the field of occupational health is usually confined to verifying the existence of an occupational health care agreement. With reference to its preceding comments on the development of occupational health services, the Committee requests the Government to provide further information on measures taken or envisaged to strengthen the supervision of the operation of occupational health services.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3(1) (effective protection of workers in light of available knowledge) and 6(1) (maximum permissible doses) of Convention No. 115, which responds to its previous request.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 1(1) and (3) (list of carcinogenic substances and agents) and 6(a) (national laws and regulations) of Convention No. 139, which responds to its previous request.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (national laws or regulations), 9 (technical and supplementary organizational measures) and 12 (control of the use of processes, substances, machinery and equipment) of Convention No. 148, which responds to its previous request.

Article 16(b) of the Convention. Appropriate inspection. Following its previous comments, the Committee notes the information provided by the Government on the results of inspections undertaken, as well as the observations of the SAK on Conventions Nos 120 and 148, which consider that clean air requirements gained new significance during the pandemic, and that attention should be paid to enforcement regarding air measurements. The Committee notes the Government’s statement that labour inspectors do not always oblige employers to measure airborne exposure levels, if they consider that the risks are assessed and managed by other means. The Committee requests the Government to provide further information on measures taken to strengthen supervision of the application of Convention No. 148.

Chemicals Convention, 1990 (No. 170)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 5 (advance notification, authorization, classification and labelling of chemical substances),and 12(d) (duration for maintaining records) of Convention No. 170, which responds to its previous request.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (coherent national policy),and 9(f) and (g) and 20(c) (consultation of workers and their representatives on the documented system of major hazard control, safety report, emergency plans and procedures and accident reports) of Convention No. 174, which responds to its previous request.

C.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 6 (labour inspection), 10 (comfortable and steady temperature), 14 (sufficient and suitable seats) and 18 (protection against noise) of Convention No. 120, which responds to its previous request.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 34 (reporting on occupational accidents and diseases)and 35(b) (labour inspection services) of Convention No. 167, which responds to its previous request.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3 (policy on safety and health in mines), 5(2)(d) (compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences), 5(4)(a) (mine rescue, first aid and appropriate medical facilities), 5(4)(b) (adequate self-rescue respiratory devices), 5(4)(c) (securing abandoned mine workings), 5(4)(d) (safe storage, transportation and disposal of hazardous substances and waste), 7(b) (safe commissioning, maintenance and decommissioning of mines), 7(c) (measures to maintain ground stability), 7(d) (provision of two exits), 7(g) (operation plan and procedures for a safe system of work), 7(i) (stopping operations and evacuation of workers), 10(b) (supervision of mine work), 10(d) (investigation and report on accidents and dangerous occurrences), 13(1)(f) (selecting OSH representatives), 13(4) (protection against discrimination and retaliation) of Convention No. 176, which responds to its previous request.

Article 10(c) of the Convention. Recording system of the names and probable location of all persons who are underground. The Committee notes that section 23 of the Government Decree on the Safety of Blasting and Excavation Work (644/2011), as amended, requires the provision of a communication and warning system between supervisors and employees that can enable verification of the location of an employee. The Committee requests the Government to provide further information on measures taken to give effect to Article 10(c) in situations other than demolition or blasting work.

Article 13(1)(a) and (b) and 13(3). Rights of workers under national laws and regulations. The Committee notes section 19 of the Occupational Safety and Health Act (738/2002), as amended, which provides a notification obligation for workers to the employer and the OSH representative without delay of any faults and defects discovered in working conditions or working methods, machinery, other work equipment, personal protective equipment or other devices that may cause risk or hazard to the safety or health of employees. The Committee also takes due note of the Government’s statement that, while there are no specific provisions on reporting to authorities, it is normal practice and the starting point for people to communicate with the authorities, even in their capacity as an employee. The Committee nevertheless recalls that, under Article 13(1) and (3), the procedures for the exercise of the right of workers to report accidents, dangerous occurrences and hazards to the competent authority, and their right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the competent authority, shall be specified by national laws and regulations. The Committee accordingly requests the Government to indicate the measures envisaged, including any legislative amendments, to give full effect to Article 13(1)(a) and (b) of the Convention.

Article 13(2)(c). Right of safety and health representatives to have recourse to advisers and independent experts. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with national laws and regulations, safety and health representatives have the right to have recourse to advisers and independent experts.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. Coherent national policy. Following its previous comments, the Committee notes the Government’s indication that no strategies have been prepared yet for specific sectors in Finland. The Committee requests the Government to indicate whether it envisages taking measures to adopt a strategy for the agricultural sector, after consultation with the social partners.

Article 5. Labour inspection in agriculture. The Committee refers the Government to its comments adopted in 2022 under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 19(b). Minimum accommodation standards. The Committee notes the concerns of the SAK in its observations under the Convention, indicating that, because regulations governing accommodation are enforced by several public authorities, no single agency bears primary responsibility. The SAK indicates that employees housed in facilities provided by the employer have reported miserable conditions. The Committee requests the Government to indicate the measures taken or envisaged to ensure the enforcement of accommodation standards for agricultural workers.

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

Legislation. The Committee notes the information provided by the Government regarding the amendments of Occupational Safety and Health Act No. 738/2002 in 2012 (No. 396/2012) and 2013 (Nos 329/2013 and 364/2013). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 6 of the Convention. Labour inspection. Article 10. Temperature at the workplace. Article 14. Sufficient and suitable seats supplied for workers. Article 18. Protection against noise. Application in practice. With reference to its previous comments where it noted the concerns expressed by the Central Organization of Finnish Trade Unions (SAK) in relation to the application of these provisions, the Committee notes the information provided by the Government and in particular the fact that inspections are conducted in workplaces of all sizes and used to monitor the working conditions in these workplaces. The Committee requests the Government to provide information on the application of the Convention in practice, including relevant excerpts of labour inspection reports, the number, nature and cause of occupational accidents and diseases reported, the number and nature of the contraventions reported, etc.

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

The Committee notes the information and new legislations contained in the Government’s report including the comments submitted by the Central Organisation of Finnish Trade Unions (SAK). With respect to the comments by the SAK and one of it’s members, JHL, on temporary and fixed-term employees, issues arising out of working alone and the arrangement of statutory breaks, and certain working environments causing distributions to employees’ circadian rhythms, the Committee refers to its comments under Convention No. 155.

Article 6 of the Convention. Labour inspections. The Committee notes the Government’s statistical report on labour inspections carried out during 2006 to 2009. The Committee further notes the occupational safety and health regional administration focus during the contract period of 2008 to 2011 on controlling threats of violence from customers, manual lifting, moving and repetitive tasks in the trade sector. The Committee also notes in regard to this aspect the concerns expressed by the SAK on inadequate labour inspections. Several workplaces schedule the cleaning and arrangement of products for display during night hours and information should therefore be collected on the number of labour inspections conducted outside office hours. The Committee requests the Government to provide further information on the outcome of such focus and on the concern raised by SAK. The Committee would also be grateful if the Government could endeavour to provide relevant statistical information disaggregated by gender.

Article 10. Temperature at the workplace. With reference to its previous comments the Committee notes the Government’s response that limit values for health hazards posed by cold workplaces have not been defined. It also notes the Government’s suggestions on how harm caused by cold workplaces can be controlled through the use of ISO 15743 as a checklist to identify risk factors. The Committee further notes that the Government states that labour inspections are conducted in workplaces of all sizes including small enterprises. The Committee notes, however, that the SAK observes that reductions of temperature-related problems for cashiers have not been successful, due to the fact that occupational safety and health surveillance does not cover self-employed shop owners. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure protection of workers from exposure to excessively cold temperatures.

Article 14. Sufficient and suitable seats supplied for workers. The Committee notes the SAK comments that employees of speciality stores do not always have a place to sit for image reasons. The Committee asks the Government to provide further information on measures undertaken or envisaged to ensure that sufficient and suitable seats are supplied for workers and that workers are given reasonable opportunities to use them.

Article 18. Protection against noise. The Committee notes the SAK comment that noise hazards particularly occur in connection with bottle return systems. The Committee requests the Government to provide information on measures undertaken or envisaged to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible by appropriate and practical means.

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

1. The Committee notes the information contained in the Government’s report and the attached legislation. It also notes the observations submitted by the Central Organization of Finnish Trade Unions (SAK), which were attached to the Government’s report.

2. Articles 5 and 18 of the Convention. National legislation and protection against noise and vibrations. The Committee notes with interest the continued legislative measures undertaken and, notes, in particular, the adoption of Ordinance No. 85 of 26 January 2006 on the protection of workers from risks caused by noise. With respect to this Ordinance and Ordinance No. 48 of 27 January 2005 on the protection from risks caused by vibrations, the Committee refers to its comments under Convention No. 148.

3. Article 6. Labour inspections. The Committee notes with interest 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, replacing Act No. 131 of 16 February 1973, providing rules on the supervision of occupational safety and health at the workplace through labour inspections. In this respect, it further refers to its comments under Convention No. 81. The Committee notes in this respect the concern expressed by the SAK for the hygiene in the retail industry, particularly its concern of the problems in this sector and that the labour inspections undertaken are considered to be inadequate. The Committee requests the Government to provide in its next report extracts from labour inspections carried out in the retail industry, statiscal information on the number of workers covered disaggregated by gender, if available, and the number and nature of contraventions reported.

4. Article 10. Temperature at the workplace. With respect to the concerns expressed previously by the SAK concerning the temperature at the workplace, the Committee notes with interest the Government’s statement that the section 9 of Ordinance No. 577 of 18 June 2003 on the safety and health requirements of workplaces, provides regulations for the volume and ventilation of the workplace, thus protecting workers from excessive heat so that the employer either has to increase ventilation or reduce the time of exposure. It notes the Government’s statement that in practical terms, if the temperature exceeds 28 degrees, the established reduction of the time of exposure in certain sectors is 50 minutes per hour, and if the temperature exceeds 31 degrees, the time of exposure is reduced to 45 minutes per hour. The Committee notes, however, that the report is silent as regards the concerns raised by the SAK regarding protection of workers against temperatures at the other extreme, i.e. excessive cold temperatures, and the more general question of measures taken to ensure that the practical application of national regulations on these issues in small enterprises. The Committee requests the Government to provide information in its next report on measures taken to protect workers from exposure to excessive cold temperatures and to ensure that relevant legislation is applied also in small enterprises.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information in the Government’s report including the observations of the Central Organization of Finnish Trade Unions (SAK) concerning the temperature in workplaces.

2. Articles 5 and 18 of the Convention. National legislation and protection against noise and vibrations. The Committee notes with interest the recent legislative measures undertaken, and notes in particular the adoption of the Ordinance of the State Council on the safety and health requirements of workplaces (Ordinance No. 577 of 2003), which entered into force on 1 September 2003. It notes that the Ordinance ensures a continued application of most Articles of the Convention and that it repeals Ordinance No. 728 of 1999. It also notes with interest the adoption of Ordinance of the State Council on the protection of workers from risks caused by vibration and the Government’s statement that it will soon adopt new legislation to protect workers from noise. The Committee hopes that the legislation protecting workers from risks caused by noise will be adopted in the near future and requests the Government to submit a copy thereof once adopted.

3. Article 10. The temperature at the workplace. The Committee notes that Decree No. 577 of 2003 omits to provide that a comfortable and steady temperature shall be maintained in all premises used by workers. In this connection, it also notes the observations of the SAK that the temperature in stores fluctuate greatly between summer and winter periods and that in small workplaces the employers are unaware of the legislation. The Committee requests the Government to provide information in response to the concerns raised by the Central Organization of Finnish Trade Unions.

[The Government is asked to reply in detail to the present comments in 2006.]

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee takes note of the comments made by the Service Union United (PAM), a member of the Central Organization of Trade Unions (SAK), which are supplied with the Government’s report. The PAM indicated that acts of violence or threat of such acts remain a problem for workers working alone in stores, petrol stations and kiosks, for it has not been possible to organize these work facilities in a manner to prevent employees from being a target of acts of aggression. The PAM considers that a factor related to this problem is the neglect in using security and alarm systems and the lack of explanations of work-related risks to workers. The Committee, while taking note with concern, reveals that the issues raised by the PAM does not fall within the scope of application of this Convention.

2. The Committee notes the Government’s report, in particular on the following point and asks the Government to provide further information as required.

Article 6 of the Convention, in conjunction with Part IV of the report form. The Committee notes the information contained in the Government’s report concerning the number of occupational safety and health inspections carried out between 1997 and 2001. With regard to the organizational changes in inspection services, which took place in 1997, the Committee notes the Government’s indication that the aim of these changes was not to increase the number of inspections, and the reorganization itself has not changed the supervision functions. In this respect, the Government however indicates that the Minister of Social Affairs and Health has established in 2001 a tripartite working group which examined the need for additional staff resources in the occupational safety and health inspectorates as well as other measures required. The decisions taken by this working group are currently being implemented. The Committee accordingly requests the Government to continue to provide additional information on the findings of the tripartite working group, the decisions taken and the manner in which these decisions are implemented.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

I. The Committee notes with interest the information provided in the Government's report concerning the number of new legislation in order to apply the Convention. It also notes the comments made by the Central Organization of Trade Unions (SAK) and the Confederation of Unions for Academic Professionals in Finland (AKAVA) provided in the Government's report reflecting the overall situation in practice of employees working in warehouses, shops and offices. The Central Organization of Trade Unions (SAK) pointed out that stress was still an important negative factor to observe in this area, for the incidence of sick leave and premature retirement due to working pressure had increased and, that, at the same time, appealing to the guidelines of their organization, employers had been reluctant to pay salaries for sick leave due to, for example, exhaustion. As concerns the growing number of employees working in shops, service stations and kiosks, threats and acts of violence against them had increased. In contrast, employers often had refused to provide for their personal security by installing, for example, an appropriate security system. The Confederation of Unions for Academic Professionals (AKAVA), having observed similar symptoms, came to the conclusion, that there were a need for greater emphasis on the importance of the protection of mental health at work. The Committee, while noting with concern these observations made by the above-mentioned unions, points out that these issues do not fall within the scope of application of this Convention.

II. Article 5 of the Convention. The Committee notes with interest the Government's information that the Advisory Committee on Occupational Safety and Health has been transferred on 1 April 1997 from the Ministry of Labour to the Ministry of Social Affairs and Health allowing closer consultations between the most central workers' and employers' organizations by creating an important forum for cooperation on major occupational safety and health issues related to the preparation of legislation, development, planning and monitoring. The Committee invites the Government to keep the Office informed on any action based on these restructuring measures.

Article 6. The Committee notes that the organization of inspection services has been changed and the competence to its supervision has been transferred in 1997 from the Ministry of Labour to the Ministry of Social Affairs and Health aiming to improve the supervision of arrangement and content of occupational health care through cooperation between the competent authorities. The Committee also notes that the number of workplace inspections carried out decreased between the years 1993 and 1996. The Government is therefore requested to provide information to which extent the number of inspections will be increased on the basis of the reorganizational measures undertaken in 1997.

III. The Committee notes with interest the Government's indication that a new provision in section 9, paragraph 5 of the Occupational Safety Act (299/1958) has been inserted, according to which the employer must ensure that employees are informed at a sufficiently early stage about matters affecting occupational safety and health at the workplace and, that such issues are dealt with properly and at a sufficiently early stage by the employer and the employees or their representatives. The Committee would request the Government to continue to provide information related to the practical application of the Convention.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the comments raised by the Central Organization of Finnish Trade Unions (SAK) which were contained in the Government's report and refers in this regard to its comments addressed directly to the Government under the Occupational Health Services Convention, 1985 (No. 161).