Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Occupational Safety and Health Convention, 1981 (No. 155) - Sweden (Ratification: 1982)

The Committee notes the information supplied by the Government in its reports for the periods from July 1985 to June 1987 and from July 1987 to June 1989. It notes with interest the information supplied by the Government concerning the application of the Convention to the maritime sector and the adoption of the Maritime Safety Act (1988:49) and the Maritime Safety Ordinance (1988:594). Furthermore, it notes with interest the information supplied concerning the application of Articles 14 and 19(e) of the Convention. The Government is requested to provide further information on the following points.

Article 1, paragraph 2 and Article 2, paragraph 2 of the Convention. In its previous comment, the Committee requested the Government to indicate whether domestic service is excluded from the application of this Convention. The Government has as yet made no reply to this request. The Government is, therefore, requested to confirm that the Convention is applicable to the domestic service and to indicate the legislation which applies the provisions of the Convention to the domestic service, as the domestic service is excluded from the application of the Work Environment Act of 1977.

Article 5(e). Chapter 6, section 10 of the Work Environment Act protects safety delegates from being given inferior working conditions or terms of appointment and from dismissal merely because he or she is a safety delegate. Section 7 of the Security of Employment Act, covering all workers, only addresses dismissal, which it provides must be based on objective grounds. The Government is requested to indicate the measures taken to ensure that all workers, not just safety delegates, are protected from any disciplinary measures, such as inferior working conditions or terms of appointment, as a result of actions properly taken by them in conformity with the national policy on occupational safety, health and the working environment.

Article 7. The Government indicated in its report for the period ending June 1989 that a special Work Environment Commission has been appointed to propose alterations to work environments causing injuries and ill health. The Government is requested to supply information on any recommendations made by this Commission.

Article 12(c). The Committee notes the responsibilities set forth for persons who produce, import or transfer machines, tools, and materials for use on vessels in Chapter 7, sections 11-13 of the Maritime Safety Act. The Government is requested to indicate the measures taken to ensure that those who design, manufacture, import and transfer machinery, equipment or substances for maritime use undertake studies to keep abreast of the current scientific and technical knowledge, in conformity with Article 12(c) of the Convention.

Article 18. The Government is requested to indicate the measures taken to ensure that employers in the maritime field provide for measures to deal with emergencies and accidents, including adequate first-aid arrangements.

Article 19(f). The Committee notes that Chapter 7, section 9 of the Maritime Safety Act provides that a worker must report to the safety officer any situation which presents an immediate or serious danger to the life or health of any person on board the ship. Chapter 9, section 8 empowers a safety officer to stop work where such a danger exists. It notes, however, that when the ship is not anchored in a Swedish port, the commanding officer may order the work to be done against the safety officer's decision if he is of the opinion that this decision is unfounded or that the work is necessary in order to remove or forestall a greater danger. Prior to making such an order, the commanding officer must consult the safety committee aboard the ship, if there is one. The Government is requested to indicate whether in practice there have been any instances in which the commanding officer has ordered a worker to continue work against the opinion of the safety committee or, in the event there is no safety committee, against the opinion of the safety officer, and whether any workers have been injured as a result.