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The Committee notes the information contained in the Government’s report, including numerous amendments to the Work Environment Act and the Work Environment Ordinance during the reporting period. The Committee also notes the response provided by the Government on consultations with representative organisations of employers and workers, as required under Articles 4 and 5 of the Convention.
Article 5, subparagraph (e). Policy regarding the protection of workers from disciplinary measures. The Committee notes the Government’s reference to the protection afforded to safety delegates in the Work Environment Act (SFS 1977:1160), including workers’ entitlement to leave of absence for the performance of their duties, and protection from reprisals; and the requirement under chapter 6, section 7 of the Work Environment Authority’s Provisions on Systematic Work Environment Management (AFS 2001:1) that employers must cooperate with the workers before any decision is taken on changes to the operation. It notes however, that the referenced legislation does not appear to address the issue in Article 5(e). The Committee reiterates its request that the Government provide information on how individual workers, without OSH responsibilities, who take actions properly in conformity with national policy, are protected from disciplinary measures, as required by Article 5(e) of the Convention.
Part V of the report form. Application in practice. The Committee notes the initiatives taken by the Work Environment Authority during the reporting period for the prevention of stress-related illnesses and musculoskeletal disorders, including a tripartite initiative in the call-centre industry resulting in the publication of “A good call-centre work environment, recommendations and guidelines”, and the publication by the Work Environment Authority of a book entitled “How are our muscles affected by stress? The connection between physical strain and mental stress”. The Committee also notes the information provided indicating that a substantial number of appeal cases have been heard during this period concerning solitary work and violence/threats of violence at petrol stations, at all-night service stores and in public transport, and that cash handling has been one of the focal issues. The Committee also notes the increase of work accidents by more than 50 per cent during the last three years in the financial sector, as noted by the Government in its report on the Guarding of Machinery Convention, 1963 (No. 119). The Committee requests the Government to provide information on measures taken or envisaged to respond to the increase in work accidents in the financial sector, and to continue to provide information on the impact of measures taken to curb the rise in the number of occupational and stress-related illnesses including, in particular, musculoskeletal injuries and ill health resulting from stress and psychosocial conditions.
1. Further to its observation, the Committee requests the Government to provide additional information on the following points.
2. Article 5(e) of the Convention. Policy regarding the protection of workers from disciplinary measures. The Committee notes that the Government indicates that it does not have at its disposal the requested collective agreements. The Committee would therefore be grateful if the Government could provide any other relevant information regarding the application of Article 5(e) in practice, specifically at workplaces with fewer than five employees.
3. Parts I and II of the report form. Statistical information. The Committee notes the information provided regarding a rise in a number of occupational illnesses, especially stress-related illnesses and that the most important field of concern are musculoskeletal injuries and ill-health resulting from stress and psychosocial conditions. The Committee notes that the measures taken to address the problem includes the efforts to increase the efficiency of national measures in this area, inter alia, through the creation of a new single competent authority – the Work Environment Authority. The Committee requests the Government to provide further information on the impact of all measures taken in order to curb the rise in the number of occupational and stress-related illnesses including, in particular, musculoskeletal injuries and ill-health resulting from stress and psychosocial conditions.
1. The Committee notes the information contained in the Government’s report, including the amendments to the Work Environment Act (up to and including SFS 2003:1099) (“WEA”), to the Work Environment Ordinance (up to and including SFS 2003:791), and the new Work Environment Authority (Standing Instructions) Ordinance (SFS 2000:1211) including amendments (up to and including SFS 2002:755), which all give further effect to the Convention. The Committee notes with interest the reconstitution in 2001 of the National Board of Occupational Safety and Health and the Labour Inspectorate into a single national authority – the Work Environment Authority, which gives further effect to Article 15 of the Convention.
2. Articles 4 and 5 of the Convention. Consultations for the formulation, implementation and periodical review of a coherent national policy on occupational safety, occupational health and the working environment. The Committee recalls the observations of the Swedish Trade Union Confederation (LO) that, as a result of a Government resolution, the central parties on both sides had not been represented on the regional supervisory bodies and that complying with the requirements of Articles 4 and 5 of the Convention had become increasingly difficult. The Committee notes that the Government in its reply underscores that, according to the national legislation (section 2, point 10, of the WEA) “in particular the Work Environment Authority shall promote co-operation with the employers and the employees in the work environment context”. Against the background of the observations of LO, the Committee would be grateful if the Government would provide further information on the application of relevant national legislation in practice, in particular as regards actual consultations held with the most representative organizations of employers and workers for the formulation, implementation and periodical review of a coherent national policy on occupational safety, occupational health and the working environment.
3. The Committee is raising certain other points in a request addressed directly to the Government.
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 5(e) of the Convention. The Committee notes that the Government’s report does not contain a reply to its previous comment. The Committee recalls that the Government had indicated in an earlier report that guarantees corresponding to those established by Chapter 6, section 10, of the Work Environment Act for safety delegates do not exist for all employees, but that this question can be settled through collective agreements. The Committee would be grateful if the Government would provide samples of relevant collective agreements and information on any further measures envisaged under the national policy in this regard.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Further to its previous comments, which were based on the observations of the Swedish Trade Union Confederation, the Committee notes the reply contained in the Government’s report. The Government states that the labour market parties always participate in the drafting of provisions issued by the National Board of Occupational Safety and Health, and this participation takes place through tripartite working groups and also through a consultation procedure. It adds that the labour market parties are consulted before the Board’s directorate makes decisions.
The Committee recalls the observations of the Swedish Trade Union Confederation that, as a result of a government resolution, the central parties on both sides have not been represented on the regional supervisory bodies (Swedish Employers’ Confederation - SAF - nominees having left the boards of all decision-making government authorities), and tripartite representation within the Work Environment Fund and on the governing bodies of testing and inspection organizations such as WEDAC and the National Testing and Research Institute had ceased for the same reason. The Trade Union Confederation had also indicated that complying with the requirements of Articles 4 and 5 of the Convention had become correspondingly difficult.
The Committee would be grateful if the Government would respond to this comment of the Swedish Trade Union Confederation, taking into account the requirement of Article 4, paragraph 1, of the Convention for consultation with the representative organizations of employers and workers in the formulation, implementation and periodic review of national policy on occupational safety and health.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
The Committee has noted with interest the detailed information provided by the Government in its latest report, including the reply to its previous request.
Article 5(e) of the Convention. The Committee notes the Government's indication in its report that guarantees corresponding to those established by Chapter 6, section 10, of the Work Environment Act for safety delegates do not exist for all employees, but that this question can be settled through collective agreements. Referring also to its observation under the Convention, the Committee requests the Government to provide samples of relevant collective agreements and information on any further measures envisaged under the national policy in this regard.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee notes from the Government's report that the following comment was submitted by the Swedish Trade Union Confederation: "The central work environment agreement between the Swedish Employers' Confederation (SAF) and LO/PTK (the Swedish Trade Union Confederation and the Federation of Salaried Employees in Industry and Services) was revoked by SAF during the period to which this report refers. Furthermore, since the autumn of 1992, as a result of a government resolution, the central parties on both sides have not been represented on the Directorate of the National Board of Occupational Safety and Health or the regional supervisory bodies (SAF nominees having left the boards of all decision-making government authorities). Partite representation within the Work Environment Fund and on the governing bodies of testing and inspection organizations such as SWEDAC and the National Testing and Research Institute has ceased for the same reason. Accommodation of Articles 4 and 5 has become correspondingly more difficult." The Committee would appreciate it if the Government would provide information on relevant developments with regard to the application of Articles 4 and 5 of the Convention.
Article 5(e) of the Convention. The Committee notes the Government's indication in its report that guarantees corresponding to those established by Chapter 6, section 10 of the Work Environment Act for safety delegates do not exist for all employees, but that this question can be settled through collective agreements. Referring also to its observation under the Convention, the Committee requests the Government to provide samples of relevant collective agreements and information on any further measures envisaged under the national policy in this regard.
The Committee has noted with interest the detailed information supplied by the Government in its report on the application of the Convention. It also notes from the Government's report that the following comment was submitted by the Swedish Trade Union Confederation:
The central work environment agreement between the Swedish Employers' Confederation (SAF) and LO/PTK (the Swedish Trade Union Confederation and the Federation of Salaried Employees in Industry and Services) was revoked by SAF during the period to which this report refers. Furthermore, since the autumn of 1992, as a result of a government resolution, the central parties on both sides have not been represented on the Directorate of the National Board of Occupational Safety and Health or the regional supervisory bodies (SAF nominees having left the boards of all decision-making government authorities). Partite representation within the Work Environment Fund and on the governing bodies of testing and inspection organizations such as SWEDAC and the National Testing and Research Institute has ceased for the same reason. Accommodation of Articles 4 and 5 has become correspondingly more difficult.
The Committee would appreciate it if the Government would provide information on relevant developments with regard to the application of Articles 4 and 5 of the Convention.
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.