Occupational Safety and Health Convention, 1981 (No. 155) - Finland (Ratification: 1985)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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 155 (OSH) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Professional and Managerial Staff in Finland (Akava), the Finnish Confederation of Professionals (STTK), the Federation of Finnish Enterprises (SY) and the Confederation of Finnish Industries (EK) on Conventions Nos 155 and 187, communicated with the Government’s reports.

Application of Convention 155 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes the adoption of several new legislative measures to strengthen OSH, as well as ongoing preparations to update specific regulations. The Committee notes the Government’s indication in its report that ensuring compliance with OSH legislation has been the main focus, aimed at preventing occupational accidents and diseases through a risk-based approach, guided by the Framework Plan for Occupational Safety and Health Divisions (2024–2027). Supervision and inspection activities have remained central to enforcement, with some 8,100 inspections in 2024, 9,300 in 2023 and 9,845 in 2022. Ensuring availability of up-to-date information and its dissemination have been part of these efforts including the use of various communications channels. The Committee takes note also of the indication that the Government has conducted problem analysis and targeted actions in high-risk sectors such as private health and social services as well as in the employment service sector, particularly for temporary agency workers. The Committee further notes the concerns of SAK, Akava and STTK particularly related to psychological risks, the increased violence related to work during 2022–2024 and an increase in the number of accidents at work. The Committee requests the Government to continue providing information on the impact of the measures adopted in view of reducing occupational accidents and diseases, including inspection findings, follow-up actions, and progress achieved, particularly in the high-risk sectors identified.

Articles 5(c) and 19(d) of Convention No. 155, Article 4(3)(c) of Convention No. 187. OSH training and qualifications. Following its previous comments, the Committee notes the Government’s indication that the pertinent provisions related to training criteria or requirements for persons with OSH responsibilities are included in the Occupational Safety and Health Act (738/2002) and in the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). The Committee also notes that the SAK, Akava and STTK raise concerns regarding the lack of OSH training in numerous workplaces or qualification requirements for individuals responsible for OSH in the workplace. The Committee requests the Government to continue providing information on the measures envisaged to ensure that persons with responsibilities for OSH are provided with adequate and appropriate training and possess the necessary competence to carry out their duties effectively.

General provisions

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. Following its previous comments, the Committee notes the measures taken by the Government to reduce threats of workplace violence and address psychosocial risks, including the integration of these objectives into the Implementation Plan for the Policy for the Work Environment and Well-being at Work 2030. The Committee notes with interest the 2023 amendment to the Occupational Safety and Health Act clarifying that both physical and psychosocial workload factors must be included in workplace risk assessments. The Committee further notes the continuation of the Mental Health at Work Programme, which promotes preventive approaches to mental health and supports cooperation between workplaces and occupational health services, and the establishment of a tripartite working group to prepare legislative amendments for improving the working conditions of platform workers. The Committee notes that the SAK, Akava and STTK refer to OSH risks related to climate change and platform work. The Committee requests the Government to continue providing information on the measures taken and results achieved to promote continuous improvement of OSH, including the impact of the Mental Health at Work Programme and provide information on progress in implementing the objectives of the Policy for the Work Environment and Well-being at Work until 2030 under the 2024–2027 Implementation Plan.

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 takes note that, under section 23 of the Occupational Safety and Health Act (OSH Act), workers have the right to remove themselves from work situations presenting an imminent and serious danger to their life or health, and that the OSH authority does not have detailed data on the exercise of this right. The Committee further notes that the prevention of violence and harassment remains a key objective in the Policy Implementation Plan 2024–27. The Committee also notes the observations of SAK, Akava and STTK indicating insufficient prevention measures and persistent psychosocial risks including a rise in workplace violence. The Committee requests the Government to continue providing information on the practical application of the right of workers to remove themselves from situations which they had reasonable justification to believe presented an imminent and serious danger to their life or health, and on the impact of the measures taken to prevent injury to health, including those arising from violence and harassment at work.

Article 5(1) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodical review of a national OSH programme. Following its previous comments, the Committee notes that the Policy for the Work Environment and Well-being at Work until 2030 aims at ensuring healthy and safe workplaces regardless of the form of employment, place of work, sector or size of the workplace. It notes that the Policy was updated in 2024 to reflect changes in working life, and that both the policy and its Implementation Plan 2024–2027 have been developed in collaboration with social partners, relevant stakeholders and institutions. The Implementation Plan includes concrete actions to achieve the Policy’s objectives and builds on analyses of the previous Implementation Plan. The Committee requests the Government to continue providing information, on the evaluation and review of the Implementation Plan 2024–2027 and how these contribute to the formulation of subsequent plans. The Committee requests the Government to continue to provide information on the consultations held with social partners on these matters.

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. Following its previous comments, the Committee notes the Government’s indication that, under section 29 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006), employees in workplaces with fewer than ten employees have the right, though not the obligation, to elect an OSH representative. It further notes that, where no representative is elected, cooperation on occupational safety and health matters takes place in accordance with section 17 of the Occupational Safety and Health Act (738/2002) which includes a general provision on cooperation between employers and employees. The Committee requests the Government to continue providing information on the practical functioning of OSH cooperation in small undertakings, 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.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (Radiation Protection Convention, 1960 (No. 115), Guarding of Machinery Convention, 1963 (No. 119), Hygiene (Commerce and Offices) Convention, 1964 (No. 120), Benzene Convention, 1971 (No. 136), Occupational Cancer Convention, 1974 (No. 139), Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148), Occupational Health Services Convention, 1985 (No. 161), Asbestos Convention, 1986 (No. 162), Safety and Health in Construction Convention, 1988 (No. 167), Chemicals Convention, 1990 (No. 170), Prevention of Major Industrial Accidents Convention, 1993 (No. 174), Safety and Health in Mines Convention, 1995 (No. 176), Safety and Health in Agriculture Convention, 2001 (No. 184)) adopted by the Committee in 2022, for which the Government will be requested to reply in accordance with the reporting cycle.

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)

The Committee notes the observations of the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Central Organisation of Finnish Trade Unions (SAK), communicated with the Government’s report.

It also notes the information provided by the Government regarding the effect given to Articles 4 (on national policy), 14 and 19(d) of the Convention, (on occupational safety and health training).

Article 9. System of inspection. With reference to its previous comments, the Committee notes the Government’s indication that workplace monitoring during the 2012–15 period was conducted with a view to avoiding and reducing harmful workplace factors, including threats of violence by customers, harmful harassment and inappropriate treatment. The Committee notes that AKAVA reiterates the concerns it raised in its 2010 observations and indicates that the abolition of occupational safety and health (OSH) inspectorates and the merging of the OSH authority with the state regional administration have made accessibility to the OSH authority more difficult for private customers. In this regard, the Committee requests the Government to refer to its previous comments under the Labour Inspection Convention, 1947 (No. 81).

Articles 4, 8, 13 and 19(f). Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. With reference to its previous comments, the Committee notes the Government’s indication that the provisions on work-related violence include section 27 of the Occupational Safety Act on the threat of violence, section 12 of the Occupational Health Care Act and section 2 of the Government Decree 1485/2001 on Medical Examinations in Work that Presents a Special Risk of Illness, and that the OSH Administration published guidelines in 2010 for the monitoring of physical violence and its threat, valid until the end of 2014. In this regard, the Committee notes that AKAVA refers to its 2010 observation and indicates that work-related violence and threats of violence occur daily, especially in fields of public sector employment like health care, social services and education, making it a continuous accident risk. AKAVA also reiterates the 2010 statement of the Union of Professional Social Workers Talentia on the inadequacy of the national legislation and guidelines and the fact that workers who evaluate their duties as posing a major threat, and consequently refuse to perform them, can be considered as refusing to work without a valid reason. The Committee requests the Government to provide further information on the measures taken or envisaged to prevent accidents and injury to health occurring in the context described by AKAVA. It also requests the Government to provide information on the measures taken to ensure the adequate protection of workers from undue consequences relating to their removal from situations presenting an imminent and serious danger.

Article 20. Cooperation at the level of the undertaking. The Committee notes the observations of AKAVA according to which higher-ranking workers do not have a statutory right to elect their own OSH representatives and that, as a result, the work-related strain and risk factors affecting these workers are not sufficiently discussed in workplaces’ cooperation schemes on OSH. The Committee requests the Government to respond to the matters raised by AKAVA in its next report.

Article 3(c) of the Protocol. Duration for maintaining records. With reference to its previous comments, the Committee notes that the Government does not clarify the meaning of “a suitable period of time” with regard to the maintenance of records. The Committee therefore once again requests the Government to provide clarification as to the practical meaning of “a suitable period of time” with regard to the obligation of employers to maintain records on occupational accidents.

Application in practice. The Committee notes the information provided by the Government according to which compensation was paid for 117,000 occupational accidents in 2014 by the Federation of Accident Insurance Institutions, and that 20 workers died in workplace accidents both in 2013 and 2014, in addition to 12 deaths in commuting accidents in 2013. It also notes that indicators for accident frequency have remained stable between 2013 and 2014, with the highest accident frequency recorded in the sectors of construction and administrative and support services. With regard to occupational diseases, the Committee notes that 4,602 cases of occupational disease were compensated in 2013, as compared to 4,404 in 2012, that one of the most common diseases relates to noise trauma and that the occurrence of occupational diseases, in proportion to the number of workers, is highest in the sector of vehicle preparation. The Committee requests the Government to continue to provide information on the application of the Convention in practice, the number, nature and cause of occupational accidents and cases of disease registered, and the number and nature of the contraventions reported.

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

The Committee notes the information provided regarding effect given to Articles 5(e), 19(a) and (b), of the Convention, and Articles 1(a) and (d), 3(a), 4(a) and 7, of the Protocol. It notes with interest the detailed statistical information provided, which is examined below. The Committee further notes the observations from the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Union of Professional Social Workers Talentia, the Commission for Local Authority Employers (KT) and the State Employer’s Office (VTML) included in the Government’s report.

Article 4 of the Convention. National policy. With reference to its previous comments, the Committee notes the Government’s response stating that the development of occupational health care is based on the Council of State’s Decision-in-Principle “Occupational Health 2015 – Development Strategy for Occupational Health Care”. This document sets out a detailed policy for most aspects of occupational health care. The Committee also notes the information provided regarding the practical aspects of the 1998–2007 policy related to occupational health in the report on the Occupational Safety and Health Strategy 1998–2007 made available to the Committee. The Committee requests the Government to continue to provide information on the continuous process of formulating, implementing and periodically updating the national policy on OSH in the country.

Article 9. System of inspection. The Committee notes the comments of AKAVA in regard to the implementation of the inspection system that reductions have been made in resources of the OSH authorities, and its particular concern over the insufficiency of supervision and expertise with regard to the mental health aspect of OSH services. The Committee also notes AKAVA’s suggestions that, instead of resource reduction, additional resources targeted at risk monitoring are required. Noting that the Government does not address these issues in its report, the Committee asks the Government to respond to AKAVA’s comments in its next report.

Articles 13 and 19(f). Protection of workers removed from situations presenting an imminent and serious danger. The Committee notes the comments raised by the Union of Professional Social Workers Talentia expresses concerns over the ambiguity of national legislation and regulations especially in regard to workers who need to go to clients’ homes on house calls alone or face clients, if they fear the clients in question, knowing them to be violent, or have even had their lives threatened by the client. In such cases, the supervisors of workers have ordered them to press ahead and carry out their duties. If, after personally evaluating their duties as posing a major threat, workers refuse to perform them, the situation may be interpreted as refusal to work without a valid reason. The Committee further notes AKAVA’s view on this aspect that it is important to clarify OSH legislation for the purpose of preventing work-related violence more effectively and improving post-incident support in cases of work-related threats and violence. Noting that the Government does not address these concerns in its report, the Committee asks the Government to respond to the concerns of the Union of Professional Social Workers Talentia and AKAVA in its next report.

Articles 14 and 19(d). Occupational safety and health training. The Committee notes the Government’s response in regard to the employer’s obligation under section 33 of Act 44 of 2006. The Committee also notes the comments of the SAK and STTK that no training criteria, qualifications requirements, or performance monitoring have been set for employers’ and employees’ representatives responsible for OSH. The Committee further notes from the comments that there are many doctors working in occupational health care who do not have the required qualifications and since they mainly work in health-care centres, it remains unclear how work-related illnesses are identified. Noting that the Government does not address these matters in its report, the Committee asks the Government to respond to the SAK’s and STTK’s comments in its next report.

Article 2 of the Protocol. National legislation. With reference to its previous comments, the Committee notes the Government’s response that no decree has so far been issued under section 46(4) of Act 44 of 2006 in regard to the content and manner by which the reporting of occupational accidents and diseases are to be carried out. The Committee asks the Government to keep it informed of any decisions taken in this regard.

Article 3(c). Duration for maintaining records. The Committee notes the Government’s response in that, by virtue of section 10 of the Occupational Safety and Health Act, employers are obligated to monitor the occurrence of occupational accidents, for which purpose they must maintain their records on occupational accidents for a suitable period of time. The Committee asks the Government to provide clarification as to the practical meaning of “a suitable period of time”.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information provided concerning the developments in Finland 2005–09 including the analysis Occupational Accident Development Analysis – Final Report 31 January 2010 of the Finnish Institute of Occupational Health. The Committee notes that reference is made to five indicators (compensated occupational accidents and diseases; compensated occupational accidents (for all sectors and for the construction industry and transport and storage sectors); accidents in the workplace and commuting accidents; fatal commuting accidents and compensated occupational diseases); that there has been a noticeable decrease in the number of workplace accidents especially in sectors with high risk of accidents such as construction and transport; that the data broken down by gender indicate that the frequency of accidents for men is more than double that of women and that work-related deaths almost exclusively affect men, that the factors influencing the decrease in the number of workplace accidents include the economic downturn and the reduction in employment; that other societal factors, such as age, also influence the number of occupational accidents; that accidents occur more often among young workers than ageing workers, but that the type of accident changes with age, and that recovery from an injury takes longer for ageing workers; that occupational accidents among ageing workers often involve falling down, slipping and stumbling; and that several lifestyle factors, such as deteriorating health, stress, fatigue, tobacco, alcohol and drug use, and being overweight, are also known to increase the risk of accidents. The Committee asks the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country based on relevant statistical data and the analyses based thereon.

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

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

2. Article 4 of the Convention. National policy. The Committee notes the SAK’s observations that, in their view, the industrial protection strategy prepared by the Advisory Committee on Occupational Safety and Health does not constitute a national policy giving effect to the Convention. The SAK claims that this strategy mainly concerns occupational safety and health issues within the scope of the Ministry of Social Affairs and Health and as such does not constitute an occupational health-care policy. In this respect, the Committee notes the Government’s statement that its programme of 2003 includes several measures to improve occupational safety and health in working life, such as a special programme (the “Veto programme”) that was launched for 2003-07 to provide support to the strategy and that the Occupational Safety and Health Strategy launched in 1998, is monitored by the Ministry of Social Affairs and Health together with the Advisory Committee on Occupational Safety and Health, in which the social partners are represented. It further notes that two follow-up reports were prepared in 2001 and 2005. The Committee requests the Government to provide additional information in its next report on the practical application of this Article, particularly information on the occupational health-care policies developed in this context, as well as on the follow-up report on the Occupational Safety and Health Strategy in 2005.

3. Article 5(e). Protection of workers from disciplinary measures. The Committee notes with interest the detailed information provided by the Government concerning the application of sections 8, 9, 17 and 23 of the Occupational Safety and Health Act No. 738 of 2002 and, in particular, section 2 of Chapter 7 and section 2, paragraph 1, of Chapter 2, of the Employment Contracts Act No. 55 of 2001, giving effect to the provisions in Article 5(e) of the Convention to protect workers from disciplinary measures as a result of action properly taken by them in conformity with the national policy on occupational safety and health.

4. Articles 14 and 19(d). Occupational safety and health training. The Committee notes the additional clarifications provided by the Government regarding the content of section 14 of the Occupational Safety and Health Act, giving effect to the requirement for the employers to provide workers with training in occupational safety and health, in accordance with the Convention. The Committee requests the Government to provide additional information on the practical application of the requirement for employers to also provide training for occupational safety and health delegates.

5. Article 19(a) and (b). Cooperation between workers and employers. The Committee notes that the cooperation between workers and employers is provided in section 2, Chapter 3, of the Employment Contracts Act, section 17 of the Occupational Safety and Health Act and in Chapter 5 of Act No. 44 of 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters. The Committee requests the Government to provide detailed information in its next report on the practical application of the cooperation between workers, their representatives and the employer.

1. The Committee notes the detailed information contained in the Government’s first report regarding the Protocol to Convention No. 155 and the observations submitted by the SAK, which were attached to the Government’s report. It notes that the Protocol appears to be almost fully applied, but requests the Government to provide the following additional information.

2. Article 1(a) and (d) of the Protocol. The notion “commuting accident”. The Committee notes that section 4(2) of the Employment Accidents Act defines “work-related accidents” as “accidents either occurring at the workplace or on the direct way between the place of work and the worker’s residence with no distinction made between worker’s principal or secondary residence”. The Committee requests the Government to provide additional information in its next report on the manners ensuring that work-related accidents cover as a commuting accident or injury, the place where workers usually take their meal or where they usually receive their remuneration, as provided in Article 1(d) of the Protocol.

3. Article 2. National legislation. The Committee notes the observations submitted by the SAK that since the last legislative measures were adopted, no further tripartite consultations on matters related to recording and notifications of accidents or illnesses have taken place. It further notes that section 46(4) of Act No. 44 of 2006 provides that further regulations may be issued as to the content and manner in which the reporting of occupational accidents and diseases is to be carried out. The Committee requests the Government to provide information in its next report on whether it is envisaged to give further effect to this Article by issuing regulations under section 46(4) of Act No. 44 of 2006 in tripartite consultations.

4. Articles 3(a), 4(a) and (c). Recording and notification of “dangerous occurrences” and “suspected cases” of occupational accidents and diseases. The Committee notes the SAK’s observations that recent legal amendments to both Act No. 608 of 1948 and to Employment Accidents Ordinance No. 850 of 1973 appear to have restricted the statistical information collected by the Institute of Occupational Health and that the recording and notification requirements in national legislation now only apply to accidents that have resulted in death or serious injury and only to occupational diseases of the kind listed in Occupational Diseases Act No. 1343 of 1988. The SAK states that there is no longer an obligation to report on “dangerous occurrences” and “suspected cases” of occupational accidents or diseases. The Committee requests the Government to provide its comments on the observations made by the SAK and to provide additional information on how effect is given to the requirement in this Article to record “dangerous occurrences” and “suspected cases” of occupational diseases.

5. Article 3(c). Duration for maintaining records. The Committee notes that section 41(f) of the Employment Accidents Act (No. 648 of 1948) provides the time period that insurance companies have to keep their records on occupational accidents and diseases. The Committee requests the Government to provide information in its next report on the duration that records on occupational accidents and diseases are to be maintained by employers.

6. Article 7. Statistical information. The Committee notes the Government’s statement that Finland introduced, as from 1 January 2003, the European methodology to code accidents at work, and that there are not yet any relevant time series available to compare recent developments. The Committee requests the Government to provide in its next report statistical information on occupational accidents, occupational diseases and, if available, “dangerous occurrences” and “commuting accidents”, as well as the analyses thereof, disaggregated by gender, if available.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in reply to its previous comments. It further notes the comments made by the Central Organization of Finnish Trade Unions (SAK). The Committee requests the Government to provide additional information on the following points.

Article 5(e) of the Convention. Further to its previous comments, the Committee notes that the provisions of the Employment Contracts Act (320/1970), referred to in the Government's reply, concern once again issues of dismissal only. The Committee recalls that this Article of the Convention is designed to guarantee protection to workers, not only against dismissals but also against any disciplinary measures in general, targeting actions taken by workers in conformity with the National Working Environment Programme (NWEP). It further recalls that there are many activities which might be rightfully taken by workers under the NWEP other than the right to remove themselves from serious and imminent danger. The Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure the protection of workers from disciplinary measures taken against them for acting in conformity with the national policy on occupational safety and health and the working environment.

Articles 14 and 19(d). The Committee notes the Government's replies to its previous comments, which were based on the observations of the SAK and which concerned defects in training and the provision of information and guidance concerning occupational safety and health. The Government states that the authorities are closely involved in planning and improving safety and health training even though they themselves have not been involved in the actual training or the arrangements made for the needs of working places and employees. The long-term general aim has been for a long time now to include the necessary occupational safety and health training in vocational training in line with the principle of mainstreaming. The contents of the training provided are negotiated with the organizations responsible for training, in line with the demands of the situation. The Government further refers to relevant training provided by the Centre for Industrial Safety (a training and information organization established by the labour market organizations), the Finnish Institute of Occupational Health, and workers' organizations. Publications of various organizations such as the Centre for Industrial Safety, the Finnish Institute of Occupational Health, the Occupational Safety News magazine, the Work-Health-Safety Magazine, are either distributed free, fixed at cost price, or the costs are covered by the Finnish Labour Protection Fund. Inspection visits are also used by the authorities to inform workers and the self-employed and to hand out material on occupational safety and health. The State Council proposal to Parliament to amend the law to guarantee training of occupational safety and health delegates, which is also referred to by the SAK in its latest comments, is expected by workplaces in general to improve occupational safety and health training.

Article 19(a). Further to its previous comments, which were based on the observations made by the Confederation of Finnish Industry and Employers (TT) and the Employers' Confederation of Service Industries (LTK) regarding the lack of legislation that provides for employers to control employees' use of protective equipment, the Committee notes the Government's reply that, according to section 14 of the Employment Contracts Act, the worker shall observe the precautions required by safety at work, and inform the employer of any faults and deficiencies in machinery, plant, tools or safety devices in his or her use or custody which may constitute a safety or health hazard. The Government adds that section 32(3) of the same Act stipulates that the employer and the worker shall cooperate at the workplace to ensure and promote occupational safety and health. The Committee would be grateful if the Government would provide information on the practical application of these sections of the Employment Act.

Article 4. The Committee notes the information contained in the Government's report which indicates that Finland joined the EEA at the beginning of 1994. During 1993, Finnish legislation, including occupational safety and health legislation, was amended in the way required by the EC to correspond with Community law. EC directives were implemented. As regards labour protection, framework directive (89/391/EEC) is very central because it is a so-called minimum directive, although higher national standards of labour protection are possible. This framework directive is also based on the principle of continuous improvement.

The Committee notes the latest comments of the SAK that there are no amendments proposed by the Government to section 9, paragraph 1, of the Occupational Safety and Health Act, which the SAK states enables economic considerations of equity to be mentioned as the most important defect explaining why certain provisions of the Council framework directive on safety and health at work (89/391/EEC) have not been properly incorporated in Finnish legislation. The Committee would be grateful if the Government would give its views on the comments formulated by the SAK.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided in the Government's report concerning the application of Article 16(3) and Article 19(e) of the Convention. It further notes the comments made by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK) and the Commission for Local Authority Employers (KT). The Committee requests the Government to provide additional information, in its next report, on the following points:

1. Article 5(e). In its previous comments, the Committee recalled that this provision was designed to protect workers from any disciplinary measures as a result of actions taken by them in conformity with the National Working Environment Programme (NWEP). In its latest report, the Government has once again stated that, under the Employment Contracts Act, workers are protected from dismissal on the basis of actions which might be taken by them under the NWEP. The Government adds that the Employment Contracts Act protects workers against discrimination on the basis of membership in trade unions and that workers are also protected against any harmful consequences which could result from the use of their right to refuse dangerous work. The SAK has stated, however, that the existing legislation does not include any special provision which would prohibit the employer from taking unlawful disciplinary measures, other than dismissal, against the worker for appropriate action taken under the NWEP. As concerns the prohibition against discrimination, the SAK adds that the burden of proof in this area lies with the employee.

The Committee would recall that this Article of the Convention is designed to guarantee protection against any disciplinary measures and should not be limited to issues of dismissal. Furthermore, there are many activities which might be rightfully taken by workers under the NWEP other than the right to remove oneself from serious and imminent danger. It therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of workers from any disciplinary measures taken against them for acting in conformity with the national policy on occupational safety, occupational health and the working environment.

2. As in its previous comments, the SAK has stated that there are still defects in training and the provision of information and guidance concerning occupational safety and health, thus contributing to the number of occupational accidents. The Government has indicated that recent amendments to the Labour Protection Act promote the employees' opportunities to get advance information and necessary guidance and to oblige the employer to take greater care in providing instructions and guidance. Further obligations have been placed upon the employer to ensure that workers of an outside employer receive the necessary information and instructions concerning hazards in the workplace. The Government is requested to keep the Office informed of any measures taken or envisaged to promote training more appropriately adapted to the training needs of all workers, in accordance with Article 14 and to provide any information available concerning arrangements made at the level of the undertaking, including samples of workplace occupational safety and health programmes, to provide workers with appropriate training in occupational safety and health as provided for in Article 19(d).

3. The Committee notes the statement made by the TT and the LTK concerning the lack of legislation to provide employers with the opportunity to control employee's use of protective equipment in situations where the employer thinks it necessary. The Government is requested to indicate the measures taken to ensure that workers, in the course of performing their work, cooperate in the fulfilment by their employers of their obligations, including the use of protective equipment in cases where this is required by the competent authority, in accordance with Article 19(a).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee has taken note of the Government's report and the comments made by the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees (TVK). It would be grateful if the Government would provide additional information, in its next report, on the following points:

Article 5(e) of the Convention. The Committee would recall that this provision is designed to protect workers from any disciplinary measures as a result of actions taken by them in conformity with the National Working Environment Programme. It notes the information supplied by the Government concerning the justifiable reasons for dismissing an employee provided for by sections 30 and 43 of the Employment Contracts Act. It notes, however, that this Article is designed to guarantee protection against any disciplinary measures and should not be limited to issues of dismissal. It therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of workers from any disciplinary measures taken against them for acting in conformity with the national policy on occupational safety, occupational health and the working environment.

2. The Committee notes that in its comments, the SAK has indicated that there is often disagreement concerning the determination of situations in which protective equipment should be provided; this, in the SAK's opinion, results in inadequate application of Article 16(3) and other provisions of the Convention. The Committee requests the Government to indicate the manner in which determinations are made concerning the circumstances in which protective equipment is required and to indicate the authorities who make this determination.

The Committee would also recall that Article 19(e) provides that workers or their representatives shall be consulted by the employer on all aspects of occupational safety and health associated with their work and that, for this purpose, technical advisers may, by mutual agreement, be brought in from outside the undertaking. The Government is requested to provide information on the arrangements made at the level of the undertaking to ensure that workers are consulted concerning determinations made with regard to the provision of protective equipment and whether technical advisers can be brought in for assistance in this regard.

The SAK has also stated that training and provision of information concerning occupational safety and health are insufficiently organised and that this inadequacy is often the cause of occupational accidents. The Committee requests the Government to indicate whether any measures have been taken to promote training more appropriately adapted to meeting the training needs of all workers, in accordance with Article 14 and to indicate any information concerning arrangements made at the level of the undertaking to provide workers with appropriate training in occupational safety and health as provided for in Article 19(d).

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Further to its previous comments, the Committee notes with satisfaction Act No. 287, issued on 31 March 1988 which establishes section 9(c), to be added to Act No. 299/58 on worker protection. Section 9(c) provides that a worker has a right to remove himself or herself from work which presents a serious danger to life or health and that this right continues until the employer has taken the measures necessary to make the situation safe, thus ensuring the application of Articles 13 and 19(f) of the Convention. The Committee is raising other points in a request addressed directly to the Government.