Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead (painting)), 115 (radiation), 119 (guarding of machinery), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 (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 on Convention No. 155 and No. 187 of the Swedish Confederation for Professional Employees (TCO), Swedish Confederation of Professional Associations (SACO) and Swedish Trade Union Confederation (LO) transmitted by the Government.

General provisions

The Committee notes the information in the Government’s report provided in response to its previous request concerning Article 3(2)of Convention No. 187 (promotion and advancement to a safe and healthy environment), Article 4(3)(e) (on research on OSH), Article 4(3)(f) (mechanism for the collection and analysis of data) and 4(3)(g) (provisions for collaboration with relevant insurance or social security schemes).

Application in practice of Conventions No. 155 and 187. In response to the Committee's previous request, the Committee notes the information provided in the Swedish Work Environment Authority’s (SWEA) Report on Occupational accidents and work-related diseases (Arbetsmiljöstatistik Rapport 2023:01), noting that the number of notified occupational diseases reported in 2022 was approximately 16,600, a decrease of 44 per cent compared to 2021, and that occupational accidents with sick leave also decreased from 2021 to 2022 (from approximately 39,000 to 35,400). It notes that approximately 69,000 occupational accidents without sick leave were reported in 2022, a marginal decrease compared to 2021, but still an increase compared to 2020 and 2019. It also notes that 40 fatal accidents at work were reported in 2022, compared with 39 in 2021, 24 in 2020 and 36 in 2019. The Committee notes that the most common causes of reported occupational diseases in 2021 were chemical and biological factors (including COVID-19 infections), followed by organisational and social factors and ergonomic load factors. The Government also indicates that, compared to other EU countries, Sweden has proportionally one of the lowest numbers of fatal accidents since 2012. The Committee requests the Government to provide further information on the application in practice of the ratified OSH Conventions, including the number, sector, nature and cause of occupational accidents and diseases reported, as well as information on the inspection activities carried out, including the number of investigations and inspections conducted and the number of violations detected, corrective measures applied and the penalties imposed.

National policy

Article 4(1) of Convention No. 155 and Articles 2(1), 3(1), 3(2) and 5(1) of Convention No. 187. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. Following its previous request, the Committee notes the information provided by the Government that the Work Environment Strategy for Modern Working Life 2016-20 was designed to serve as a policy instrument, defining strategies and assignments to achieve specific and broader goals related to the work environment policy. The Government indicates that the Strategy was evaluated by the Agency for Public Management (APM). The Committee notes that, amongst the conclusions, the APM stated that the strategy had strengthened the implementation of the work environment policy; the social partners had been involved through dialogue forums; and that cooperation between authorities had increased. The Committee also notes that the APM concluded that there was room for improvements and that strategic efforts could be run more effectively. Amongst other things, the APM considered that the Government should: define more concrete goals for the priority areas, establishing timeframes and follow-ups for the chosen strategy; review and develop the working methods in dialogue forums; remove obstacles to effective cooperation between authorities; and improve the coordination of work environment issues between different policy areas. In addition, the Committee notes the information provided by the Government with regard to the Work Environment Strategy for 2021-25, adopted with the goal of providing good working conditions and creating work environments that prevent illness and accidents, stops people being excluded from working life, takes people’s differing circumstances into account and fosters the development of individuals and operations. The Government indicates that the conclusions of the APM were taken into account in producing the new strategy and as a result, it contains more clearly delimited areas and concrete priority areas. The Committee asks the Government to continue to provide information on the implementation of the Work Environment Strategy for 2021-25 as well asmeasures adopted to ensure the promotion and advancement, at all relevant levels, of the right of workers to a safe and healthy working environment.

Article 4(1) of Convention No. 155 and Articles 3(3) and 4(3)(a) of Convention No. 187. Consultation on national policy. National tripartite advisory body, or bodies, addressing OSH issues. The Committee notes the information provided by the Government that the SWEA consults with social partners through different forms, such as the SWEA’s central consultation group, with is composed by ten workers’ and employers’ organisations and reunites at least four times per year. The Government also indicates that stakeholder meetings are conducted with authorities, industry organisations and actors within occupational health care. It states that partnerships are established with universities and research groups in the area of occupational safety and health, in order to discuss the possibilities for cooperation and information exchange. In addition, the Government indicates that reference groups linked to specific projects (such as on the organizational and social work environment of members of the LGBTQ community) are formed with relevant authorities and organisations, holding meetings twice a year. Lastly, the Committee notes the Government’s indication that, although social partners have been consulted in dialogue forums, the APM assessed that an improvement of the consultation can be achieve through more action-oriented meetings. The Committee requests the Government to continue to provide information on the progress made to integrate the conclusions of APM into consultations held with regional social partners with a view to promoting the development of a national preventative OSH culture.

Article 5(e) of Convention No. 155. Protection of workers and their representatives from disciplinary measures. Given the absence of information in this regard, the Committee once again requests the Government to provide information on how individual workers without OSH responsibilities are protected from disciplinary measures when they take actions properly and in conformity with national policy.

National s ystem

Article 4(3)(d) of Convention No. 187. Occupational health services. In relation to its previous request on occupational health services, the Committee refers to its comment below on the Occupational Health Services Convention, 1985 (No. 161).

Article 4(3)(h) of Convention No. 187. Support mechanism for progressive improvement of OSH conditions in small and medium-sized enterprises (SMEs) and the informal economy. Further to its previous comment, the Committee notes the information provided by the Government concerning its focus on combating workplace violations through joint authority controls and collaboration with other agencies and labour market partners, and that specific initiatives include establishing regional centres against workplace crime and participating in international cooperation efforts. It informs that small enterprises are the target group for the SWEA efforts within the Vision Zero strategy to end with work-related deaths. The Committee further notes the observations from LO, SACO and TCO, which highlights that the knowledge of preventative work, so that deficiencies in the work environment do not arise, is low especially among small and medium-sized employers. The Committee requests the Government to provide further information on measures taken or envisaged to progressively improve OSH conditions in small and medium-sized enterprises and the informal economy, including with a view to ensuring that employers in SMEs are informed of necessary prevention measures.

Occupational Health Services Convention, 1985 (No. 161)

Application of Convention No. 161 in practice. The Committee notes that, according to the observations from LO, SACO and TCO, there are shortages of occupational health care with many employers. The Committee also notes the Government’s indication, in response to its previous request, that the Agency for Work Environment Expertise, the national knowledge centre for issues related to the work environment, is responsible for following and promoting the development of occupational health services. It also notes that ongoing initiatives in the field of occupational health services include the coordination of the supply of doctors for occupational health care and measures to promote relevant training initiatives in the area; and the development of further guidelines for an evidence-based practice in occupational health care. Further, the Committee notes the Government’s information that an occupational health care cooperation group was established by the SWEA, with representatives from professional associations for physicians, nurses, ergonomists, work environment engineers and psychologists in occupational health care, as well as from the industry organization Sweden's Occupational Health. The Committee requests the Government to continue to provide information on the implementation of the Convention in practice to develop progressively occupational health services for all workers.

Protection against specific risks

White Lead (Painting) Convention, 1921 (No. 13)

Legislation. The Committee notes the information provided by the Government that, according to section 3 of the Work Environment Authority’s Regulation on Chemical Hazards in the Working Environment (AFS 2011:19), the Convention is given effect by Regulation (EC) No. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), which regulates undertakings that manufacture, import or use chemical substances or preparations and restricts the addition of certain specific lead compounds to paints intended for use by the general public. The Committee notes this information, which responds to its previous request.

Radiation Protection Convention, 1960 (No. 115)

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionising radiation. Further to its previous comment, the Committee notes the entry into force of the Radiation Protection Act (2018:396), which regulates workers’ exposure to ionising radiation in its chapter 4, and the Radiation Protection Ordinance (2018:506), which sets dose limits for practices involving ionising radiation (chapter 2). The Committee also notes the information provided by the Government that the SWEA’s provisions on occupational exposure limit values (AFS 2018:1) set limit values for the exposition of workers to radon in the workplace, also establishing measures for the protection of workers (chapter 4). In addition, the Committee notes that the Radiation Protection Ordinance provides for the need to periodically evaluate the reference levels set out in the regulations (chapter 3, section 13) and that other provisions concerning the protection of workers are established by the Radiation Safety Authority’s Regulations on permit-required activities with ionising radiation (SSMFS 2018:1) and on notifiable activities (SSMFS 2018:2). The Committee notes this information, which responds to its previous request.

Article 14. Discontinuation of assignment to work involving exposure to ionising radiation pursuant to medical advice and alternative employment. The Committee notes the information provided by the Government that the Regulations on Job Modification (AFS 2020:5) provide, in section 4, that the employer shall at all times consider whether any of the employees require job modification, which is carried out in the form of dialogue between the parties. The Committee requests the Government to provide information on the application in practice of the provisions of the Regulations on Job Modification (AFS 2020:5) to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionising radiation.

Guarding of Machinery Convention, 1963 (No. 119)

Application of the Convention in practice. The Committee notes the information provided by the Government that in 2020 and 2021 the most common cause of occupational accidents with absenteeism for men was accidents caused by loss of control over machinery, tools or transport equipment. The Government also indicates that a supervision project carried out from 2018-2022 had a focus (among others) on handheld machines (2018-2019) and machine safety (2020-2022), and included approximately 4,900 workplace visits. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number of occupational accidents related to machinery and the measures taken to address them.

Occupational Cancer Convention, 1974 (No. 139)

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. Further to its previous comment, the Committee notes the information provided by the Government that the Regulations on Medical Checks in Working Life (AFS 2019:3) contain provisions on medical examinations for workers exposed to chemicals, including health surveillance needed when a worker has been exposed to carcinogens or mutagens. According to section 81 of the Regulations, workers who have been exposed to carcinogens or mutagenic substances may be subject to health examinations by a physician or the body responsible for the health examination such workers as long as deemed necessary, even after the exposure has ceased. The Committee notes this information, which responds to its previous request.

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

Article 11(3) and (4) of the Convention. Efforts to provide the worker with suitable alternative employment or to maintain his income. Rights under social security or social insurance. The Committee notes that the Regulations on Job Modification (AFS 2020:5) have repealed the Regulation on Job Adaptation and Rehabilitation (AFS 1994:1), and that its section 4 stipulates that the employer shall at all times consider whether any of the employees require a job modification, with the aim of enabling an employee with impaired ability to perform normal work to continue working or to return to work, in order to help the employee return to work after sick leave or to avoid illness and sick leave. The Committee requests the Government to provide information on the measures taken to ensure that the rights of transferred workers under social security and social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention.

Asbestos Convention, 1986 (No. 162)

Article 21(1) of the Convention. Medical examinations to diagnose occupational diseases caused by exposure to asbestos. The Committee notes that section 39 of the Swedish Work Environment Authority’s Regulations on Medical Checks in Working Life (AFS 2019:3) provides that employers shall arrange medical check-ups with assessment for certificates of fitness for service for those employees who will be exposed to asbestos and for those exposed to asbestos-containing dust for more than 50 hours per calendar year. However, the Committee notes that there are no provisions to ensure that workers continue to receive appropriate medical examinations after the termination of an assignment involving exposure to asbestos. Taking note of section 81 of the Regulations on Medical Checks in Working Life (AFS 2019:3), the Committee requests the Government to provide further information on the measures taken in practice to supervise the health of workers after the termination of an assignment involving exposure to asbestos, in accordance with Article 21(1) of the Convention.

Chemicals Convention, 1990 (No. 170)

Application of the Convention in practice. The Committee once again requests the Government to provide information on the application of the national legislation giving effect to this Convention in practice, including any statistics on violations reported, penalties imposed and occupational accidents and cases of occupational diseases (including cases of chronic occupational poisoning) reported as being caused by exposure to chemical substances.

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

Legislation. The Committee notes the information provided by the Government about the adoption of the Ordinance on Measures to Prevent and Limit the Consequences of Serious Chemical Accidents (2015:236), which is the transposition of the EU Directive Seveso III (Directive 2012/18/EU) and contains provisions on the enforcement of the Act on Measures to Prevent and Limit the Consequences of Serious Chemical Accidents (1999:381). The Committee notes this information, which responds to its previous request.

Articles 4(2) and 18 of the Convention. Inspection to ensure compliance with national laws and regulations. Application of the Convention in practice. The Committee notes the information provided by the Government on inspections of facilities: out of 202 upper tier facilities (handling hazardous substances above a certain level), 118 were inspected in 2022, representing 58 per cent of the total. This represents a decrease compared to previous years, with inspection rates in these facilities of 68 per cent in 2021 and 65 per cent in 2020. However, out of 192 low-tier facilities (handling hazardous substances lower in amounts lower than the high qualifying quantity), 72 were inspected in 2022, representing 38 per cent of facilities, an increase compared to previous years, with inspection rates of 27 per cent in 2021 and 32 per cent in 2020. The Committee requests the Government to continue to provide statistics related to application of the Convention in practice, including the number of inspections undertaken, the contraventions reported and the resulting action taken.

Protection in specific branches of activity

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

Application of the Convention in practice. The Committee notes the information provided by the Government indicating that 19 per cent of the industries inspected in 2022 belonged to the construction sector, which was also amongst those most frequently subjected to penalty fees resulting from labour inspections. The Committee requests the Government to continue to provide information on measures adopted to ensure the application of this Convention in practice, including the number of occupational accidents and cases of occupational diseases recorded in the construction sector, including the number of fatalities and serious injuries.

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

Articles 13(1)(a), (b) and (e) of the Convention. Report of accidents, the right to request and obtain inspections, and the right to removal from any location which poses a serious danger. Following its previous comment, the Committee notes the information provided by the Government regarding the Work Environment Act (AML), which establishes that employees who identify an immediate and serious danger to life or health in their work environment must immediately inform either their employer or a safety representative (chapter 3, section 4). It also notes that employers must notify the SWEA in the event of death or severe personal injury that has occurred in connection with the performance of the work, as stipulated in section 2 of the Work Environment Ordinance (1977:1166). Additionally, the Committee notes that the AML also grants safety representatives the authority to request investigations to assess work conditions (chapter 6, section 6a). However, the Committee reiterates that equivalent rights are not extended to workers. Therefore, the Committee requests the Government once again to provide information on the measures adopted or envisaged to ensure that workers have the right to: (i) report accidents, dangerous occurrences and hazards to the employer and to the competent authority; (ii) request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority; and (iii) remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health.

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

Application of the Convention in practice. The Committee notes the information provided by the Government that agriculture, forestry and fishing are amongst the sectors with the most fatal accidents at work in the period 2012–2021 (with 6.6 fatal accidents at work per 100,000 employed), with a majority of the self-employed who died being active in agriculture and forestry. The Committee requests the Government to provide information on the measures it is taking to strengthen the application of the Convention with a view to preventing accidents and injury to health in the agricultural working environment.

Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the 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 on Conventions Nos 155 and 187 of the Swedish Confederation for Professional Employees (TCO), Swedish Confederation of Professional Associations (SACO) and Swedish Trade Union Confederation (LO) transmitted by the Government.

Articles 9(1) of Convention No. 155 and Article 4(2)(c) of the Convention No. 187. Mechanisms for ensuring compliance with national laws and regulations, including inspection systems. Further to its previous comments, the Committee notes the information provided by the Government regarding the increase in the number of inspections from 2020 to 2022. It notes the Government’s information on the implementation of the national supervisory project, Vision Zero (Nollvision), by the Swedish Work Environment Authority (SWEA), initially during the period of 2018–22, aimed at ensuring that employers effectively prevent accidents, incidents, and health hazards through systematic management of the work environment. The SWEA visited around 4,900 workplaces and carried out approximately 7,700 procedures, focusing on specific risks and sectors. It also notes that the SWEA issued remediation notices to 80 per cent of the inspected workplaces, imposed 60 immediate bans in cases of severe threats to workers’ safety, and levied 330 penalty charges. The Committee further notes the Government’s information on the expansion of the Nollvision on the Work Environment Strategy for 2021–25, which aims to shift the focus from preventing workplace fatalities to eliminating work-related deaths entirely. It notes that the Agency for Public Management (APM) evaluated the Work Environment Strategy for Modern Working Life 2016–2020, concluding that the SWEA has recruited and trained around 160 new work environment inspectors, but that the increase in the SWEA budget does not fully compensate for the costs arising from the adopted strategy. It notes that the APM assesses that a strengthening of the supervisory activities is well in line with the intentions of the strategy. In addition, the Committee notes the observations from LO, SACO and the TCO regarding the transformation of work environment inspectors from specialists to generalists, negatively impacting the identification of hazards in specialized areas such as construction or seasonal work. The Committee requests the Government adopt measures to further improve the inspection activities performed by the SWEA, as well as other measures to ensure that OSH laws and regulations are enforced by an adequate and appropriate system of inspection. It requests the Government to provide its comments regarding the observations of LO, SACO and the TCO on the impact of the change of inspectors from specialists to generalists.

The Committee is raising other matters in a request addressed directly to the Government.

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

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Articles 3(1) and 6 of the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge and maximum permissible doses of ionizing radiation. The Committee notes the Government’s statement that it has commissioned the Swedish Radiation Safety Authority to review the current regulations on radiation, including dose limits, in order to implement the Council of the European Union Directive 2013/59/EURATOM, which is in line with the International Commission of Radiological Protection’s most recent recommendations. The Authority shall report to the Ministry of the Environment on the changes necessary to the national legal framework by 31 January 2016. The Committee requests the Government to continue to provide information on the measures it is taking to review its regulations on radiation protection, and to provide copies of any new legislation adopted in that regard.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted that the Provisions issued by the Work Environment Authority on Job Adaptation and Rehabilitation (1994:1) provide for the measures to be taken by employers to adapt a work situation to the individual worker’s capabilities. It notes in this regard the Government’s statement that provisions apply to all employers in the private and public sector. The Government states that it is important to start work on job adaptation and rehabilitation for employees as early as possible. The Committee requests the Government to provide information on the application in practice of the Provisions issued by the Work Environment Authority on Job Adaptation and Rehabilitation (1994:1) to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments thereon.

Legislation. The Committee notes the information provided by the Government regarding the revision by the Swedish Work Environment Authority of numerous ordinances which give effect to the Convention, and its issuance of information brochures on the safety of machinery. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application of the Convention in practice. The Committee welcomes the information provided by the Government on work accidents involving machinery, disaggregated by gender. The Committee notes that the majority of accidents involving women and men occurred within the sectors of wood products, and furniture manufacturing, of food, drinks, tobacco product manufacturing, and of mineral extraction, in addition to the metal manufacturing industry for men. The Committee also notes that the number of work-related injuries resulting in sick leave, reported as occurred when using machinery, increased between 2009 and 2011 and has remained steady between 2011 and 2013. Since 2010, it has been higher than 5,000. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including information on measures taken or envisaged to address the number of work-related injuries.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government regarding the entry into force of the regulations of the Work Environment Authority on Occupational Exposure Limit Values (AFS 2011:18) and on Chemical Hazards in the Working Environment (AFS 2011:19), which give further effect to Articles 1–4 of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5 of the Convention. Medical examinations during the period of employment and thereafter. With reference to its previous comments, the Committee notes that the Government reaffirms that the Work Environment Authority is not empowered to prescribe continuing medical checks for employees after exposure to carcinogenic substances or after their employment, and that no changes in this respect are expected for the time being. It also notes the Government’s indication that follow-up medical examinations can be carried out on a voluntary basis or at the employee’s own initiative, within the country’s general health-care system. The Committee recalls that, under Article 5, the Government has the obligation to take measures to ensure that workers who have been exposed to carcinogenic substances are provided with medical examinations or biological or other tests or investigations not only during the period of employment, but also thereafter, to supervise their state of health in relation to the occupational hazards. The Committee therefore requests the Government to provide further information on the measures taken or envisaged to supervise the state of health of the workers concerned after the period of employment, in accordance with this provision of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in this respect.

Article 21(1) of the Convention. Medical examinations to diagnose occupational diseases caused by exposure to asbestos. With reference to its previous comments, the Committee notes that the Government indicates that the Swedish Work Environment Authority is not empowered to prescribe continuing medical checks for employees after exposure to asbestos or after their employment has ended and that no changes in this respect are expected, for the time being. It also notes the Government’s indication that follow-up medical examinations can be carried out on a voluntary basis or at the employee’s own initiative, within the general health-care system. The Committee recalls that under Article 21(1) of the Convention, the Government has the obligation to take measures to ensure that workers who have been exposed to asbestos shall be provided with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused by exposure to asbestos. In this connection, the Committee draws the Government’s attention to Paragraph 31(3) of the Asbestos Recommendation, 1986 (No. 172), which provides that the competent authority should ensure that provision is made for appropriate medical examinations to continue to be available to workers after termination of an assignment involving exposure to asbestos. The Committee therefore requests the Government to provide further information on the measures taken or envisaged to supervise the health of workers who have been exposed to asbestos in relation to the occupational hazard, in accordance with Article 21(1) of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in this respect.

Legislation. The Committee notes the information provided by the Government regarding the entry into force of numerous regulations of the Swedish Work Environment Authority, namely on asbestos (AFS 2014:27), medical surveillance in working life (AFS 2014:23) and on occupational exposure limit values (AFS 2011:18). It also notes the information provided on the effect given to Article 11(1)–(2) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 11(3) and (4) of the Convention. Efforts to provide the worker with suitable alternative employment or to maintain his income. Rights under social security or social insurance. The Committee notes the Government’s indication that under the Regulation on job adaptation and rehabilitation (AFS 1994:1), a worker must be offered job adaptation when it is not medically appropriate for them to continue work involving exposure to air pollution, noise or vibrations. Specifically, section 8 provides that job adaptation and rehabilitation must be carried out in cooperation with the Swedish Social Insurance Agency, and other affected agencies, while section 12 states that the working situation of the worker must be adapted by the employer on the basis of their capacity to perform their tasks at work. However, the Committee notes, once again, that the Government has not provided information on the measures taken to ensure that the rights of transferred workers under social security and social insurance legislation are not adversely affected, in accordance with Article 11(4) of the Convention. Therefore, the Committee requests the Government to provide information on the measures taken, in law and practice, to give effect to this provision of the Convention.

Application of the Convention in practice. In response to its previous comments, the Committee notes the information provided by the Government on the outcome of the 2005 Work Environment Authority noise campaign and on the 2006 follow-up. It notes in particular that by 2006, 90 per cent of the workplaces had complied with the stipulations imposed by inspectors during the 2005 campaign. It also notes that noise and vibration campaigns were carried out in 2010 and 2012 and that an inspection initiative focused on the education sector was launched in 2013 and is set to end in 2016. Furthermore, the Committee notes that national measurement projects on hand-held vibrating machinery were carried out in 2012 and 2013, with 18 stipulations imposed on a total of 53 workplaces and 180 machines inspected in 2012, and 50 workplaces and 100 machines inspected in 2013. The Committee also notes the Government’s indications on the number of workers affected by noise and vibration legislation, disaggregated by gender. The Committee requests the Government to continue to provide information on the noise and vibration campaigns, and on the outcome of these campaigns. It also requests the Government to continue to provide information on the application of the Convention in practice, including information on the number of workers covered by the legislation and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government regarding the entry into force of numerous regulations of the Work Environment Authority related to the application of the Convention, namely on occupational exposure limit values (AFS 2011:18, replacing AFS 2005:7), chemical hazards in the working environment (AFS 2011:19, replacing AFS 2000:4), and on workplace design (AFS 2009:2). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication according to which 1,250 cases of occupational illnesses suspected of being caused by chemical or microbiological factors were reported in 2013, with half of the cases involving respiratory problems and 20 per cent involving skin problems. The Committee requests the Government to provide information on measures taken or envisaged to reduce the number of occupational diseases related to chemical factors, and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government regarding the adoption of the Work Environment Authority regulation on Rock and Mining Work (AFS 2010:01), and further notes its subsequent amendment (AFS 2014:10). The Committee also notes the information provided by the Government on the effect given to Article 13(2)(b)(i) of the Convention. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 13(1)(a), (b) and (e) of the Convention. Report of accidents, the right to request and obtain inspections, and the right to removal from any location which poses a serious danger. The Committee notes the Government’s indication that pursuant to chapter 6 of the Work Environment Act, the rights enumerated in Article 13 are given to the safety officer, an employee representative appointed by the union or the workers themselves when there is no collective agreement. However, the Committee notes once again that no mention is made as to whether workers are afforded the same rights, as required by the Convention. The Committee therefore requests the Government to take the necessary measures to ensure that workers have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority; and the right to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in this respect.

Legislation. The Committee notes the information provided by the Government regarding a number of legislative changes which occurred during the reporting period, including the adoption of the Work Environment Authority (WEA) regulations on the Working Environment of Minors (AFS 2012:03), on Chemical Hazards in the Working Environment (AFS 2011:19) and on Occupational Exposure Limit Values (AFS 2011:18), and the amendment of the regulations on Pesticides (AFS 1998:06), on Machinery (AFS 2008:03) and on Pregnant and Breastfeeding Workers (AFS 2007:05). Furthermore, the Committee notes that following the adoption of an Ordinance on the notification obligation for the posting of workers (2013:352), foreign companies who post workers in the country for more than five days, including in the agricultural sector where foreign labour is regularly brought in for seasonal work, must report these postings to the WEA. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application of the Convention in practice. The Committee notes the indication of the Government that the agricultural industry, and forestry in particular, is one of the most accident-prone industries in Sweden, with an average of fifteen deaths and thousands of accidents occurring every year. It also notes that in the course of a national inspection initiative conducted in forestry in 2012–13, 1,254 workplaces were inspected and 2,760 requirements were imposed upon 848 employers, mostly with regard to systematic work environment management, an insufficient number of people capable of providing first aid and for the underreporting of accidents and near-misses. The Committee notes that a similar initiative was carried out in agriculture in 2009–11 in the course of which 2008 workplaces were inspected and 4,320 requirements were issued, 27 per cent of which concerned machinery. Furthermore, it notes the statistical data provided by the Government, disaggregated by gender, according to which 57,112 workers, of whom 10 per cent are women, are employed in 39,467 workplaces and that for the 2009–13 period, 1,117 work-related injuries, 171 cases of occupational disease and 26 fatalities were reported. The Committee requests the Government to provide information on measures undertaken or envisaged to address the underreporting of accidents and near-misses in agriculture and forestry, and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in this respect.

Application of the Convention in practice. The Committee notes the Government’s indication that in the course of its inspection activities, the Work Environment Authority (WEA) can require an employer to implement occupational health services if working conditions make such services necessary, but notes from the statistical data provided by the WEA that the number of workers with access to occupational health services has been steadily decreasing for a number of years. In an effort to counter this trend, the Government implemented an initiative, during the 2011–13 period, giving occupational health services the opportunity to apply for grants aimed at improving work on rehabilitation and implementing preventive initiatives. The initiative was refocused toward employers in 2014, due to low utilization by occupational health services, allowing them to apply to funding and encouraging them to carry out initiatives to prevent cases of illness and shorten the length of illness-related absences. The Committee requests the Government to provide information on the impact of the grant initiative with regard to the number of workers covered by occupational health services. It also requests the Government to continue to provide information on measures taken to counter the decreasing trend in access to occupational health services and to promote access to such services, particularly in smaller undertakings.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government regarding the amendment of the Work Environment Authority regulations on Building and Civil Engineering Work (AFS 1999:3) in 2009 (AFS 2009:12) and in 2014 (AFS 2014:26). The Committee notes that AFS 2014:26 replaced in a number of sections the penalties with sanction charges which, unlike a penalty, only require the demonstration of a person’s non-compliance with a legislative provision. It also notes that through the adoption of the regulations on Scaffolding (AFS 2013:4) and the amendment of the regulations on Ladders and Trestles (AFS 2004:3), on Diving Work (AFS 2010:16), and on Asbestos (AFS 2014:27), further effect is given to Articles 14, 21 and 24 of the Convention, respectively, while the adoption of the rules on Chemical Hazards in the Working Environment (AFS 2011:19) gives further effect to Article 28. Furthermore, the Committee notes that following the introduction of a register of foreign postings and the adoption of an Ordinance on the notification obligation for the posting of workers (2013:352), pursuant to which foreign employers must report the workers they post in Sweden to conduct activities for a limited time period, 6,800 foreign postings were reported in the construction industry in 2013. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Application of the Convention in practice. The Committee notes the Government’s indication that approximately 4,300 inspections were carried out in the construction sector in 2013 and that 3,434 work-related injuries, four fatal accidents and 775 work-related illnesses were reported during that year. It also notes the indication that more than 30 per cent of the 57 fatal accidents which occurred in construction between 2008 and 2012 were linked to vehicles, and that the failure to comply with legislation on falls remains the most common legislative breach in this sector, which has led the Government to introduce sanction charges and to lower the threshold under which these charges can be imposed. The Committee requests the Government to continue to provide information on the application of the Convention in practice, with particular reference to whether any special measures have been taken or are envisaged to counter the increase in the number of accidents in the construction industry.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the information provided by the Government regarding the 2014 amendment of the Work Environment Authority (WEA) regulation on the Prevention of Serious Chemical Accidents (AFS 2005:19). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Articles 4(2) and 18 of the Convention. Inspection to ensure compliance with national laws and regulations. Application of the Convention in practice. The Committee notes the Government’s indication that each operation handling substances which reach a high hazard threshold must be inspected annually by the WEA, while employers who have demonstrated a satisfactory level of safety through their safety reports and via inspections of the WEA may be inspected less frequently. It also notes that the frequency of inspections for the facilities falling under the SEVESO high threshold has increased since 2009, while low threshold facilities must be visited every three years. However, the Committee notes from the statistical data provided on inspections in 2013 that out of the reported 207 high-threshold facilities, only 135 were inspected during the year. Furthermore, in reference to its previous comments on the matter, the Committee notes the Government’s indication that the two penal injunctions issued by the WEA were ultimately dismissed by the County Administrative Court, on the grounds that the requirements of the WEA concerning the content of the safety report were not sufficiently clear. The Committee requests the Government to continue to provide information on inspections undertaken, the contraventions reported and the resulting action taken, in relation to the application of the relevant legislation.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in this respect.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Legislation. The Committee notes the information provided by the Government regarding the amendments made during the reporting period to the Work Environment Act and the Work Environment Ordinance, which introduced the possibility for orders or prohibitions, carrying the penalty of a fine, to be imposed upon the State. The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.

Article 5(e) of the Convention. Protection of workers and their representatives from disciplinary measures. The Committee notes the Government’s indication that the Employment Protection Act protects individual workers without occupational safety and health (OSH) responsibilities who take actions. It notes, however, that the referenced legislation does not appear to give workers the specific right provided for in Article 5(e) of the Convention. The Committee therefore once again requests the Government to provide information on how individual workers without OSH responsibilities are protected from disciplinary measures when they take actions properly and in conformity with national policy. The Committee also requests the Government to indicate the specific provisions of the Employment Protection Act which give effect to this Article of the Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Referring to its observation, the Committee wishes to raise the following additional points.

Articles 2(1) and 5(1) of the Convention. Continuous improvement of occupational safety and health (OSH). Implementation, evaluation and periodical review of the national programme. The Committee notes the information provided by the Government regarding the “Renewed work environment policy with a national action plan” for 2011–15, which was approved by Parliament in 2011. According to the Government, in the course of the process of drawing up the action plan, work environment trends with regard to risks and opportunities, recommendations of the European Union (EU) for national strategies and the provisions of this Convention were taken into account, in addition to the views which emerged during the consultations held in this regard. Furthermore, the Committee notes that the Agency for Public Management (APM) will evaluate the action plan and submit its report in early 2015. The Committee asks the Government to provide further information on the national action plan and the manner in which it gives effect to these Articles of the Convention. It also asks the Government to provide information on the results of the APM’s evaluation of the action plan for 2011–15 and on any forthcoming action plans, and to submit a copy of the relevant national OSH documents, including the 2011–15 action plan.

Article 3(1). Formulation of a national policy. The Committee notes that the Government refers to the national action plan for 2011–15 in relation to the national policy. The Committee asks the Government to describe to what extent this plan is part of the national policy.

Article 3(2). Promotion and advancement of the right of workers to a safe and healthy environment. The Committee notes the Government’s indication that in light of its monitoring and analysis of the working environment, the Work Environment Authority (WEA) works to simplify, improve and update its provisions in accordance with the developments occurring in workplaces. Accordingly, the Government has reformed the penalty system for cases of non-compliance by introducing sanction charges, which simplify the burden of proof and increase the effectiveness of the WEA monitoring system. The Committee asks the Government to provide further information on measures taken or envisaged to ensure the promotion and advancement, at all relevant levels, of the right of workers to a safe and healthy working environment.

Article 3(3). Consultation with the most representative organizations of employers and workers. The Committee notes the Government’s indication that consultations with the social partners are held six times a year by the management of the WEA and, in addition, when regulations are drawn up. However, regular consultations do not take place on a regional level and cooperation with, and the provision of information to, the social partners take place when required. The Committee requests the Government to provide information on the consultations held with the social partners, including their outcome. It also asks the Government to provide information on measures taken or envisaged to ensure that consultations are held with regional social partners with a view to promoting the development of a national preventative OSH culture.

Article 4(3)(d). Occupational health services. The Committee notes the Government’s indication that, in an effort to improve the provision of occupational health services to workers, an initiative was carried out over 2011–13, and refocused towards employers in 2014, enabling occupational health services to apply for grants aimed at improving work on rehabilitation and encouraging initiatives to prevent and shorten cases of illness. It also notes that initiatives were also carried out for the improvement of the quality of occupational health, namely through the development of education and research in this field. The Committee asks the Government to provide information on the outcome of the initiatives carried out in relation to occupational health services and on any other measures undertaken to maintain, progressively develop and periodically review the occupational health service system.

Article 4(3)(e). Research on OSH. The Committee notes the Government’s indication that research on working life and environment is carried out at higher education establishments and that the focus of the research is decided by Parliament every three years. It also notes the indication that the research policy for the 2013–16 period addresses the need to gain greater value from research results, and that the WEA’s remit to spread knowledge was expanded through the establishment of a national function for knowledge regarding working life and environment. The Committee asks the Government to provide further information on the OSH-related research carried out in the country, and to provide further details on the 2013–16 research policy.

Article 4(3)(f) and (g). Mechanism for the collection and analysis of data, and provisions for collaboration with relevant insurance or social security schemes. The Committee notes the Government’s indication that the WEA and the Social Insurance Agency introduced an electronic reporting system aimed at facilitating the reporting of work-related injuries. It also notes that the report of the parliamentary committee charged with revising national insurance for sickness and unemployment, which included questions on insurance for work-related injuries and on the collection and analysis of statistics on work-related injuries, will be submitted in early 2015. The Committee asks the Government to provide information on the results of the revision of the national insurance scheme and in relation to the collection and analysis of data.

Article 4(3)(h). Support mechanism for progressive improvement of OSH conditions in small and medium-sized enterprises and the informal economy. The Committee welcomes the Government’s indication that an amendment to section 8 of the Work Environment Act has made the Act’s provisions applicable to domestic workers. It also notes that in partnership with other agencies, the WEA has carried out a major initiative focused on companies who deliberately contravene the WEA regulations in order to gain a competitive advantage over compliant companies, and that it cooperated in a project relevant to human trafficking for forced labour and labour exploitation, and carried out a “Safe at Work” information campaign in the restaurant industry. The Committee asks the Government to provide further information on measures taken or envisaged so as to progressively improve OSH conditions in small and medium-sized enterprises and the informal economy.

Article 5. National programme on OSH. The Committee notes the Government’s indication that the indicators of progress relevant to OSH, presented annually in the Government’s Budget Bill, include the number of fatal occupational accidents, the number of occupational diseases reported and the proportion of absences due to sickness stated to be caused by workplace-related problems. It also notes that work is in progress at the WEA to produce indicators which would show the positive trends in the working environment. The Committee asks the Government to provide further details on the effect given to this Article of the Convention in practice.

Application of the Convention in practice. The Committee notes the information provided by the Government regarding the application in practice of the Convention and welcomes the indication that the number of fatal accidents in the workplace has decreased from 45 in 2012 to 33 in 2013. The Committee asks the Government to continue to provide information on the application of the Convention in practice, including on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, and the number, nature and cause of occupational accidents and diseases reported.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Swedish Trade Union Confederation (LO) received on 21 November 2013.

The Committee also notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the LO and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in this respect.

Article 4(1) of the Convention. National policy. Consultations. The Committee notes the observations from the LO according to which the Government does not fulfil the requirements of this Article with regard to the consultation of the most representative organizations of employers and workers, as the tripartite meetings are not organized on a frequent basis, are mainly informative and are not focused sufficiently on policy matters. The Committee asks the Government to provide information on the tripartite consultations held with regard to the national policy, including on their frequency and outcome, in light of the observations of the LO.

Article 9(1). Adequate and appropriate system of labour inspection to secure the enforcement of laws and regulations concerning occupational safety and health (OSH). The Committee notes the observations from the LO according to which the number of workplaces that the Work Environment Authority (WEA) is responsible to inspect increased by 194,133 workplaces during the 2007–12 period, and the number of workers increased from 3,952,507 (2007) to 4,227,711 (2012), while the number of inspectors declined from 359 to 250. The LO observes that due to the fact that the number of workers per inspector has risen to 16,991, whereas the ILO recommends one inspector per 10,000 workers, inspectors are therefore exposed to stress in relation to the number of inspections carried out by the WEA and the Government. In light of the observations by the LO, the Government is requested to provide information on the measures taken in practice to ensure that OSH laws and regulations are enforced by an adequate and appropriate system of inspection.

Application of the Convention in practice. The Committee notes the initiatives taken by the WEA, during the reporting period, for the prevention of stress-related illnesses and musculoskeletal disorders, including online interactive training programmes on stress in the workplace and on ergonomics for the prevention of musculoskeletal disorders and themed pages on these topics, available on the WEA website. Other measures include the revision and entry into force of provisions on ergonomics for the prevention of musculoskeletal disorders, which introduced stipulations on manual handling (EU Directive 90/269/EEC), the drawing up of provisions on unhealthy workloads, and the carrying out by the WEA of numerous activities in 2009–11 focusing on violence and threats in the workplace, in conjunction with inspection initiatives focused on the retail sector. It also notes the observations by the LO according to which all types of occupational accidents have increased in 2012, except commuting accidents, especially for young workers between the ages of 16 and 24 (annual increase of 17 per cent), and that there has also been an increase in the number of cases of occupational diseases. The LO also indicates that reports on psychosocial problems in the workplace have significantly increased in recent years and that there are currently no binding rules for employers in this regard, despite this being one of the biggest work-related issues in Sweden. In light of the observations by the LO, the Government is also requested to provide information on measures taken to address the increase in the number of occupational accidents and diseases, including stress-related illnesses, and on the impact of these measures.

The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes the observations of the Swedish Trade Union Confederation (LO) received on 21 November 2013.

The Committee also notes the joint observations made by the Swedish Confederation of Professional Employees (TCO), the LO and the Swedish Confederation of Professional Associations (SACO), received on 10 November 2014. The Committee requests the Government to provide its comments in respect of these observations.

Article 4(2)(c) of the Convention. Mechanisms for ensuring compliance with national laws and regulations, including inspection systems. The Committee notes the information provided by the Government according to which the number of visits of workplaces and the number of inspections have been steadily decreasing since 2011. The Government indicates that the number of inspectors has fallen but work has been done to improve the efficiency of inspection visits. The number of assignments per inspector increased between 2009 and 2011 as a result of more effective inspection methods and the reduction of administrative work. In addition, following a 2010–12 pilot project, it was decided that inspection activities should focus on reaching the most vulnerable workplaces. In this context, the Agency for Public Management (APM) analysed the Work Environment Authority’s (WEA) ability to fulfil its mandate in line with the decisions of the Government with regard to the working environment. The Committee also notes the observations of the LO according to which the number of workplaces to be inspected by the WEA has increased by 194,133 between 2007 and 2012, and the number of workers per inspector has increased from 11,010 to 16,991, therefore greatly exceeding the ILO recommendation of one inspector per 10,000 workers. It is also indicates that inspectors have received instructions to orient their activities toward mediation and training rather than inspection. In light of the observations of the LO, the Committee requests the Government to provide further information on the functioning of its labour inspection system and on the measures taken or envisaged to address the decrease in the number of inspections performed by the WEA. The Committee also asks the Government to provide information on the APM’s analysis of the WEA’s inspection activities, including on its outcome.

Article 4(3)(a). National tripartite advisory body, or bodies, addressing OSH issues. The Committee notes the Government’s indication that in addition to holding regular consultations with the social partners, the Ministry of Labour carries out consultations when required. Furthermore, pursuant to sections 5 and 6 of the Ordinance instructing the WEA (2007:913), the agency must consult social partners to the extent necessary for its activities and before it decides on provisions or on important administrative cases. In this respect, the Committee notes that the LO once again observes that the tripartite meetings organized are more focused on giving information, rather than policy discussion, and are held too infrequently. In light of the observations by the LO, the Committee asks the Government to provide further information on the tripartite consultations held in relation to OSH issues, including on their frequency and the nature of the questions addressed in meetings.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Further to its observation, the Committee requests the Government to provide additional information on the following points:

Articles 2(1) and 4(1) of the Convention. Continuous improvement of occupational safety and health (OSH). Periodical review and progressive development of the national system. The Committee notes that the report is silent as the effect given to Article 2 (1). As regards Article 4(1) the Government males reference to that the national system for the work environment includes legislation and statutory instruments. The Committee requests the Government to provide further information on measures taken to ensure that full effect is given to these provisions of the Convention.

Article 3(2). Promote and advance, at all relevant levels, the right of workers to a safe and healthy environment. The Committee notes that in its report the Government refers to the provisions in the Systematic Work Environment Management Act and Chapter 3, section 2 of the Work Environment Act which provides that employers should take all precautions necessary to prevent workers from being exposed to health hazards or accident risks. With reference to the terms of this provision of the Convention, the Government is requested to provide further information on measures taken for the promotion and advancement of the right of workers to a safe and healthy environment.

Article 4(3)(h). Support mechanism for progressive improvements of OSH conditions in small and medium enterprises and the informal economy. The Committee notes that the Government indicates that the Work Environment Act is applicable to practically the whole of working life, with all its various branches of activity and forms of employment and even though it applies above all to hired workers, it is also applicable to self-employed persons. The Committee also notes that Chapter 1, section 4 of the Work Environment Act provides that it does not apply to work done in the employer’s household by those over the age of 18. The Committee requests the Government to provide information on the provisions applicable to domestic workers over the age of 18, and measures taken or envisaged so as to progressively improve OSH conditions in small and medium enterprises and the informal economy.

Article 5. The national program on occupational safety and health. The Committee notes that the information provided by the Government on the application of this provision is that it supports and promotes the national program through annual funding to the WEA and that outcomes with reference to stated objectives and an analysis of the developments in this field are presented annually in the Government’s Budget Bill with the aid of a number of indicators. The Government is requested to provide further information on the practical application of this Article of the Convention including on the objectives, targets and indicators of progress used.

Part V of the report form. Application of the Convention in practice. The Committee notes the information provided regarding the application in practice of the Convention, publicized on the web pages of the Work Environment Authority. The Committee asks the Government to continue to provide information on the application in practice of the Convention, and to provide, where such statistics exist, information on the number of workers covered by the legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents and occupational diseases reported.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s first report including the legislative texts attached. The Committee also notes the observations by the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Employees (TCO) transmitted to the Office by the Government.

Article 3(1) of the Convention. Promoting a safe and healthy working environment by formulating a national policy. The Committee notes that the Government in its report refers to a national policy for the work environment reportedly reflected in the Government’s Budget Bill and that a draft national plan of action for a future working environment policy has been prepared. The Government indicates this draft policy includes facilitating and increasing better development of jobs and to break the isolation of people removed from the employment sector and that is has been developed in consultation with social partners and other stakeholders. In this respect the Committee notes that LO and TCO observe that while a national plan of action on a future work environment policy had been prepared, this plan had not yet been adopted in June 2010. The Government is requested to provide further information on current and future national policies on occupational safety and health (OSH) giving effect to this provision of the Convention, and to submit a copy of the relevant national OSH documents.

Article 3(3). Consultation with the most representative organizations of employers and workers. The Committee notes the information that both national legislation and legislation adopted by the Work Environment Authority (WEA) are drafted in tripartite consultation and that the outcome of the application of the obligations concerning Systematic Work Environment Management are shared with the social partners and inspectors in different contexts. It also notes that the LO and TCO indicate that consultations between the WEA and social partners and inspectors have only taken place on rare occasions and only in some districts. The Government is requested to provide information on the outcome and frequency of the consultations held in this regard in the light of the observations of LO and of TCO.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspections. The Committee notes the information that the WEA is responsible for enforcement of binding rules on the nature of the work environment and on obligations related thereto, that this authority has developed a system of work environment surveillance, with particular attention paid to workplaces where risks of ill health and accidents are greatest including an inspection system, which guarantees compliance. In this respect the Committee notes the observations from the LO and TCO according to which the number of labour inspectors in 2007 was reduced from 1 to 0.7 inspectors per 10,000 workers which is below the ILO recommendation of one inspector per 10,000 workers. In the light of the observations by LO and TCO, the Government is requested to provide further information on the functioning of and efforts to maintain, progressively develop and periodically review its labour inspection system.

Article 4(3)(a). A national tripartite advisory body, or bodies, addressing OSH issues. The Committee notes that the Government’s report indicates that national tripartite bodies exist at the Ministry of Labour and the WEA and, when necessary the Ministry of Labour invites representatives of other departments to attend theses consultations. In this respect the Committee notes that LO and TCO questions whether these arrangements meet the requirements in the Convention as the tripartite body of the Ministry of Labour is more informative than political in nature and meets too seldom, and as the tripartite body within the WEA only addresses issues delegated to that authority. In the light of the observations by LO and TCO, the Government is requested to provide further information on the functioning of the national tripartite body or bodies addressing occupational safety and health issues.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes that the reference made by the Government to the provisions in Chapter 3, section 2(b) of the Work Environment Act according to which the employer shall provide occupational health services to the extent the work conditions require. It also notes the observations by the LO and TCO, according to which the application in practice of the referenced provision has not resulted in giving access to occupational health services for the sectors and businesses that are in the greatest need for such services, and that the effect has been rather the contrary, namely that where there is the greatest need, occupational health services are the most scarce. In the light of the observations by LO and TCO, the Government is requested to provide further information on efforts to maintain, progressively develop and periodically review its occupational health service system.

Article 4(3)(e). Research on occupational safety and health. The Committee notes that the Government indicates that under the Swedish system, state funded work environment research is conducted at higher education establishments. The Committee also notes the LO and TCO comments, that since the closing down of the National Institute of Woking Life, research on occupational safety and health issues has regressed and it has become considerably more difficult to find already existing knowledge and to find information on which scientists have responsibility for a particular field of research. In the light of the observations by LO and TCO, the Government is requested to provide further information on efforts made to maintain, progressively develop and periodically review research carried out on OSH related issues.

Article 4(3)(g). Mechanism for collection and data analysis, and provisions for collaboration with relevant insurance or social security schemes. The Committee notes that the Government indicates that, by virtue of Chapter 8, section 1 of the Work Injuries Insurance Act, employers are required to report work injuries to the Social Insurance Agency, and that section 12 of the Work Environment Ordinance places a duty on physicians to report to the WEA any diseases which may be connected with work or of interest from the view point of the working environment. The Committee notes that the Government indicates that the WEA is responsible for the collection and annual publication of work injury statistics of work accidents and work-related illnesses and that sample surveys of work-induced disorders are carried out by Statistics Sweden (SCB) and published annually. The Committee also notes the observations of the LO and TCO that the incidence of occupational injuries and diseases is considerably underreported in national statistics due to the structure of the Swedish work injury insurance and that it is thus questionable whether the national mechanism for the collection and analysis of data on occupational accidents and diseases fulfils the requirements of the Convention in this respect. The Government is requested to provide further information on the mechanisms of collection and analysis of data within the national system and processes for the collaboration with the Social Insurance Agency.

The Committee is raising other points in a request addressed directly to the Government.

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

New legislation. With reference to its previous comments, the Committee notes the information that the Government is in the process of re-examining its occupational health services, and that the 2003 report of the Occupational Health Services Commission, Development of Good Occupational Health Services (SOU 2004:113), included a special draft enactment on occupational health services. The Committee requests the Government to report on progress in this matter and to submit a copy of the new legislation once it has been adopted.

Articles 2, 10 and 11 of the Convention. National policy, professional independence and qualifications. The Committee notes that the Work Environment Authority has compiled rules and recommendations on Medical Screening in Working Life (AFS 2005:6), to facilitate the conduct by occupational health services of work-related medical examinations and other medical screenings. The Committee recalls that the Government previously indicated that the Work Environment Authority, in collaboration with the National Institute for Working Life and the Association for Swedish Health Care (Föreningen Svensk Hälsovård), had taken measures for developing projects to reinforce methods for the furtherance of occupational health services. The Committee notes that the National Institute for Working Life has since been abolished, and that the Government has indicated that new paths of contact with universities and colleges are being sought. The Committee asks the Government to continue to provide further information on measures taken or envisaged to ensure the application of the Convention in practice.

Part IV of the report form. Labour inspections and statistical information. The Committee notes from the work environment statistics that the number of workers having access to occupational health services has slightly decreased since the Government’s previous report. The Committee also notes the results from the Work Environment Authority’s publication Occupational health services – figures in brief, which show that access to occupational health care is affected by personnel strength in the individual undertaking and the industry to which it belongs. The Committee asks the Government to indicate measures taken to counter the decreasing trend in access to occupational health services and to promote access to occupational health services, particularly in smaller undertakings.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information contained in the Government’s report indicating recent legislative changes, including in accordance with Article 3(2) of the Convention, a revision of the regulations on asbestos (AFS 2006:1). The Committee notes that section 19 of AFS 2006:1 gives effect to Article 22(3) by requiring the employer to ensure that persons directing, and persons carrying out work, with asbestos or asbestos-containing material shall have undergone training, and that workers’ knowledge shall be updated when necessary. The Committee also notes, with reference to Article 20(1) and (2), the adoption of provisions on occupational exposure limit values and measures against air contaminants (AFS 2005:17) which reduces the limit value for asbestos to 0.1 fibres/cm³, and requires registers of employees who in the course of work are exposed to substances, as specified, to be retained by employers for at least 40 years.

Article 11, paragraphs 1 and 2. Use of crocidolite. The Committee notes the information that eight permits, allowing asbestos and materials containing asbestos to be handled for the purposes of research, development and analysis, have been issued during the period covered by this report. It notes that the derogations granted by the competent authority, pursuant to section 10 of its regulations on asbestos (AFS 2006:1), concerned laboratory activities. The Committee requests the Government to keep it informed of derogations, pursuant to section 10 of the Work Environment Authority’s regulations on asbestos (AFS 2006:1), and the measures taken in these cases to ensure that the health of workers is not placed at risk.

Article 21, paragraph 1. Medical examinations to diagnose occupational diseases caused by exposure to asbestos. With reference to its previous comments under this Article, the Committee notes that the Government has indicated that there are at present no plans to prescribe continuing medical checks for employees after exposure to carcinogenic substances or after their employment has ended. The Committee notes that according to the Work Environment Authority’s regulations on medical screening in working life (AFS 2005:6), it is recommended in the commentary to section 30, to have a periodical medical check-up if the exposure exceeds ten years or even after the exposure has ceased. The Committee requests the Government to indicate how this recommendation is applied in practice and what measures have been taken to ensure that workers who have been exposed to asbestos are provided with such medical examinations as are necessary in accordance with Article 21(1) of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, including the adoption of regulations on Occupational Exposure Limit Values and Measures against Air Contaminants (AFS 2005:17), which replace AFS 2000:3, and give further effect to the Convention. The Committee also notes the response provided by the Government with regard to Articles 12(d) and 15(d) of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regard to the Convention.

Article 7, paragraph 1, and Article 9, paragraph 1(b). Marking of chemicals. The Committee notes the Government’s statement that there is no duty of marking all chemical products with regard to identity, as Sweden cannot make stipulations in this field which exceed European Union requirements, and that the practical importance of this is minimal, as all chemical products have to be subject to an examination before being placed on the market in order to determine if they should be marked in accordance with Swedish regulations. In addition, the Committee notes the information that the provision on chemical work hazards (AFS 2000:4) requires dangerous chemical products to be packaged in such a way that they do not cause injury through confusion of substances. The Committee asks the Government to provide further information on measures taken or envisaged to ensure that workers are informed of the identity of all chemicals used at the workplace.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s report, including recent amendments to provisions on the Prevention of Serious Chemical Accidents (AFS 2005:19), and the statistical information indicating, inter alia, that there are a total of 380 major hazard installations in Sweden.

Article 4, paragraph 2, and Article 18 of the Convention. Inspection to ensure compliance with national laws and regulations. The Committee notes the information in the Government’s report that inspections of major hazard installations involve examination of compliance with its safety management system (AFS 2005:19) and that the stipulations issued concern deficiencies in administrative routines surrounding safety management. The Committee also notes that the Work Employment Authority has served two penal injunctions referring to deficiencies in risk analysis carried out, as part of the stipulations concerning the content of the safety report. The Committee requests the Government to provide further details on penal injunctions issued and to continue to provide information with its next report on inspections undertaken and penal injunctions issued with reference to major hazard installations, as defined by Article 3(c) of the Convention.

Part III of the report form. Authorities entrusted with application of legislation, administrative regulations, etc. The Committee notes that the Government has previously indicated that the authorities entrusted with the application of legislation and regulations relevant to the Convention encompass several institutions including the Work Environment Administration, consisting of the Work Environment Board and the Labour Inspectorate; the Swedish Inspectorate for Explosives and Flammables; the Rescue Services Agency; the National Chemicals Inspectorate; and the National Board of Housing, Building and Planning. The Committee asks the Government to provide information on the application of this Convention in practice, in particular regarding the arrangements made for appropriate coordination between the referenced authorities with respect to their activities in supervising the application of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s report, in response to the Committee’s request for further details, on how the Mining Industry Environment Committee (GRAMKO) contributes in practice to the formulation and carrying out of a coherent policy on safety and health in mines, and on the effect given to Article 5(4)(d) of the Convention.

Article 13, paragraph 1(a), (b) and (e). Report of accidents, the right to request and obtain inspections, and the right to removal. The Committee notes that the Government does not respond directly to its previous comment on the referenced provisions in Article 13. The Committee notes that a number of the rights required in Article 13 are given to safety delegates under chapter 6, sections 4–7, of the Work Environment Act, however no mention is made as to whether workers are afforded the same rights as required by the Convention. The Government is requested to provide information on measures taken or envisaged to ensure that workers have the right to report accidents, dangerous occurrences and hazards to the employer and to the competent authority; to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the employer and the competent authority; and the right to remove themselves from any location at the mine when circumstances arise which appear, with reasonable justification, to pose a serious danger to their safety or health.

Article 13, paragraph 2(b)(i). Right of safety officers to participate in inspections and investigations. The Committee notes that chapter 6, section 6(a), of the Work Environment Act authorizes the safety delegate to request that a certain investigation be carried out to verify conditions within their safety area, but that no mention is made as to whether the safety delegate has the right to participate in inspections and investigations as required by Article 13(2)(b)(i). The Government is requested to provide information on measures taken or envisaged to ensure that safety delegates have the right to participate in inspections and investigations conducted by the employer and by the competent authority at the workplace.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the detailed information contained in the Government’s report indicating new regulations adopted to give further effect to the Convention, including regulations on pregnant and breastfeeding workers (AFS 2007:5), machinery (AFS 2008:3, effective from 31 December 2009) and on work with animals (AFS 2008:17). The Committee also notes the information that all persons working in Sweden, including the self-employed, are covered by the Social Security Act (SFS 1999:799), and the Act on General Insurance giving effect to Article 21 of the Convention.

Article 20 of the Convention. Working time arrangements. The Committee notes that in response to the Committee’s query regarding the use of collective agreements to regulate working hours, the Government has indicated it exercises no supervision of the collective agreements existing between trade organizations in agriculture. The Committee reiterates its request that the Government submit examples of the collective agreements regulating working hours in activities covered by the Convention.

Part V of the report form. Application in practice. The Committee notes that there are 7,689 agricultural undertakings in Sweden and that their combined personnel strength is 52,600, of whom 78 per cent are men. The Committee also notes that 730 work accidents and 29 fatal accidents were reported during the period in question and that machinery accidents, falls, contact with moving objects, musculoskeletal accidents, contact with animals and handling of accidents are the dominant causes. The Committee notes that the Work Environment Authority believes there is a great discrepancy between the number of accidents occurring and the number reported. The Committee asks the Government to provide information on measures undertaken or envisaged to address the discrepancy between the number of accidents occurring and the number reported, and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information contained in the Government’s report including on the requirement, in accordance with Article 13(b) of the Convention, that the Swedish Radiation Safety Authority must be informed of any incidents involving ionizing radiation.

Article 6. Maximum permissible does of ionizing radiation. The Committee notes the Government’s response indicating that the exposure limit values for ionising radiation are defined by the Swedish Radiation Safety Authority (formerly the Swedish Radiation Protection Authority, SSI). The Committee also notes that the Government does not provide any information on the Government’s intention to bring the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998:4 fully in line with the recommendations adopted by the International Commission on Radiological Protection in 1990, to which the Committee referred in its 1992 general observation under the Convention, in order to ensure the effective protection of workers exposed to ionizing radiation in the course of their work. The Committee again reiterates its invitation to the Government to provide information on its intention to lower the annual dose limit for radiation workers.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s statement that the provisions on measures by the employer to adapt the work situation to the individual worker’s capabilities for the work can be found in the Provisions of the Work Environment Authority on Job Adaptation and Rehabilitation (1994:1). The Committee requests the Government to provide detailed information on how these measures are applied in practice with respect to Article 14 of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its recent report regarding the numerous ordinances and general recommendations issued by the Swedish Work Environment Authority during the reporting period giving further effect to the Convention.

Part V of the report form. Application in practice. The Committee welcomes the statistical information, disaggregated by gender, provided by the Government. The Committee notes the continued trend of a high number of work accidents among women within the food and drinks and tobacco goods industry, paper, pulp mill and wood working industry, and among men in mineral products, steel and metal and wood working industry. The Committee notes with interest that the number of reported accidents between 2005 and 2008 has been reduced by 10 per cent for both women and men, and by 40 per cent or more for publishing firms and the printing, forestry and chemical industries. The Committee requests the Government to provide further information on the application of this Convention in practice including detailed information on measures taken or envisaged to address these trends.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5 of the Convention. Medical examinations during the period of employment and thereafter to evaluate their exposure and supervise their state of health. With reference to its previous comments under this Article, the Committee notes that the Government has indicated in its report that as the law now stands, under Chapter 4, section 5 of the Work Environment Act (SFS1977:1160), the Work Environment Authority is not empowered to prescribe continuing medical checks for employees after exposure to carcinogenic substances or after their employment has ended. The Government also states that there are at present no plans for changing the Work Environment Act in this respect. With reference to the information provided in the Government’s report this year on the application of the Asbestos Convention, 1986 (No. 162), the Committee notes that, in the commentary to section 30 of the Work Environment Authority’s regulations on Medical Screening in Working Life (AFS 2005:6), it is recommended that workers have a periodical medical check-up even after the exposure has ceased, provided the exposure exceeds ten years. The Committee requests the Government to indicate how this recommendation is applied in practice and what measures have been taken to ensure that workers who have been exposed to occupational hazards are provided with such medical examinations as are necessary in order to fully apply Article 5 of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes, as indicated in the Government’s report on the Safety and Health in Construction Convention, 1988 (No. 167), the information provided on recent amendments to Chapter 3, sections 6 and 7, of the Work Environment Act, with regard to two or more employers undertaking activities simultaneously at one workplace, giving full effect to Article 6(2) of the Convention. The Committee also notes the clarification provided indicating that the Swedish Work Environment Authority is the competent authority referred to in Article 12. The Committee asks the Government to continue to provide information on legislative measures taken for the prevention and control of, and protection against, occupational hazards in the working environment due to air pollution, noise and vibration.

Article 11, paragraphs 1 and 2. Medical examinations. The Committee notes that in accordance with sections 16–18 of the Swedish Work Environment Authority’s regulation on noise (AFS 2005:16), employees exposed to noise shall be offered hearing examinations if they are exposed to noise which equals or exceeds any of the lower or upper limit values, or have been exposed to the same situation as another employee who has been shown to have hearing damage from noise exposure at the workplace and that, according to sections 12 and 13 of the regulation on vibrations (AFS 2005:15), employees shall be offered a medical examination if they are exposed to vibrations exceeding the limit values; if the exposure is such that there are reasons to suspect that harmful effects on health can occur; or if they have been exposed to the same situation as another employee who has been shown to have signs of vibration injury. The Committee asks the Government to provide further information on the application of the abovementioned regulations on medical examinations in practice for exposure to noise and vibrations, i.e. the number of workers that are effectively offered medical examinations free of charge.

Article 11, paragraphs 3 and 4. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the Government’s response indicating that, with respect to noise, an employer shall consider the possibility of assigning a worker with hearing damage, which a doctor or specialist judges likely to have resulted from noise exposure at the workplace, to alternative work where there is no risk of further exposure, and that, with respect to vibration, there is no requirement on the employer but a recommendation that it is not appropriate for an employee to continue with work entailing vibration if serious vibration damage is suspected or established. The Committee notes that the Government has not provided information on measures taken or envisaged to ensure the rights of transferred workers under social security or social insurance legislation are not adversely affected. The Committee asks the Government to provide further information on the effect given to Article 11(3) and (4) of the Convention in national law and practice with respect to air pollution, noise and vibration.

Part IV of the report form. Labour inspection. The Committee notes that in response to the Committee’s query regarding the application of the Convention in practice, the Government refers to the 2005 Swedish Work Environment Authority noise campaign, which involved the inspection – based on the new regulation on noise (AFS 2005:16) – of 1,828 enterprises, mainly within the manufacturing industry, during one week. The Committee notes that these inspections resulted in 5,824 stipulations to 1,292 enterprises. The Committee requests the Government to provide further information on the problems identified during this campaign focusing on noise, and measures taken to address these problems. The Committee also requests the Government to continue to provide information on the application of the Convention in practice, including information on the number of workers covered by the legislation disaggregated by gender, if available, and the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided in the Government’s report including reference to the 2009 amendments to the Work Environment Act, which give further effect to the Convention. The Committee notes with satisfaction that Chapter 3 of the Work Environment Act now requires a building environment coordinator for the conduct of building and civil engineering work to be specially appointed and tasked with coordinating the conduct of the work with regard to the work environment, including an added duty of supervising the work of subcontractors in compliance with Article 8 of the Convention, that this legislative amendment also applies to foreign self-employed workers, and that in the course of supervision, the provision of instructions in the foreign workers’ own language, when needed, has been promoted. The Committee also notes the amendments to improve the safety and health requirements at temporary or mobile construction sites which also constitute compliance with European Directive No. 92/57/EEC on this subject. The Committee asks the Government to continue to provide information on legislative measures taken with regard to the Convention.

Part VI of the report form. Application in practice. Based on statistical information provided by the Government, the Committee notes, as in its previous comments, that the number of accidents in the construction industry remains high. The Committee notes the information that the regular supervision within the construction sector is mainly aimed at reducing accidents, for example fall accidents, and that a number of prohibitions are directed towards companies conducting roof work with unsatisfactory safety devices. The Committee also notes that 159 injunctions or prohibitions were issued by the authority responsible for the provisions on building and civil engineering work. The Committee asks the Government to continue to provide information on the application of the Convention in practice, with particular reference to whether any special measures have been taken or are envisaged to bring down the number of accidents in the construction industry, and to provide information on the outcome of the aforementioned injunctions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The Committee notes with interest the information contained in the Government’s report and the attached legislation, which give effect to virtually all provisions of the Convention.

2. Article 20 of the Convention. Working-time arrangements. The Committee notes the Government’s indication that Chapter 5 of the Working Environment Act (SFS 1977:1160 as amended) and the Working Hours Ordinance (SFS 1982:901 as amended) regulate the basic principles of working hours also in agriculture and that a large portion of working hours is governed by collective agreements. The Committee asks the Government to submit examples of such collective agreements regulating working hours in activities covered by the Convention.

3. Article 21. Coverage against occupational injuries and diseases. The Committee notes the Government’s indication that insurance and social security schemes do not fall within the jurisdiction of the Work Environment Authority. The Committee requests the Government to provide information on measures taken to ensure that agricultural workers are covered by an insurance or social security scheme against fatal and non-fatal occupational injuries and diseases, as well as against invalidity and other work-related health risks, providing coverage at least equivalent to that enjoyed by workers in other sectors.

4. Part IV of the report form. Labour inspection and practical application of the Convention. Please give a general appreciation of the manner in which the Convention is applied in the country and supply extracts from inspection reports, and where such statistics exist, information on the number of workers covered by the measures giving effect to the Convention disaggregated by gender, if possible, the number of infringements reported, etc.

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.

2. Article 4 of the Convention. National legislation. The Committee notes with interest the numerous legislative measures undertaken and notes with respect to air pollution the adoption of the Provisions on occupational exposure limit values and measures against air contaminants (AFS 2005:17). It also notes the adoption of the Provisions on microbiological risks in the working environment: infections, toxic effects and hyper sensitivity (AFS 2005:1). The Committee also refers to its comments of this year under the Occupational Cancer Convention, 1974 (No. 139). With respect to noise and vibration at the workplace, the Committee notes with interest the adoption of the Provisions on noise (AFS 2005:16) and Provisions on vibrations (AFS 2005:15) providing exposure limits for noise and vibration. It further notes the Government’s statement that exposure limits are regularly revised in the light of current national and international knowledge. It also notes that regulations have been issued concerning personal protective equipment (AFS 2001:3) and notes the Government’s statement that with respect to air pollution, preventive measures shall always be taken to ensure that these exposure limits are not exceeded and if that is not possible, the protective equipment shall be used as a last resort. The Committee asks the Government to continue to provide information on measures taken to supplement and revise the exposure limits for air pollution, noise and vibration in the working environment.

3. Article 6, paragraph 2. Two or more employers undertaking activities simultaneously at one workplace. The Committee requests the Government to provide additional information in its next report on measures taken to ensure that whenever two or more employers undertake activities simultaneously at one workplace, they have the duty to collaborate in order to apply measures adopted with respect to air pollution, noise and vibration at the workplace.

4. Article 11, paragraphs 1 and 2. Medical examinations. The Committee notes that AFS 2005:17, AFS 2005:16, AFS 2005:15 and Provisions on medical examinations in working life (AFS 2005:6) provide that medical examinations are free of cost to the worker concerned. However, the Committee notes that section 16 of AFS 2005:16 and section 12 of AFS 2005:15 provide that employers shall offer medical examinations when there are reasons to believe that harmful effects to health may occur from noise and vibrations. The Committee recalls that the competent authority should determine the conditions and circumstances under which such supervision is to be provided under the Convention and that supervision is also to include a pre-assignment medical examination and periodical examinations thereafter. The Committee requests the Government to provide information in its next report on which body constitutes the competent authority and to indicate particulars of the circumstances determined by the competent authority in which supervision of the health of workers required in order to ensure that workers exposed or liable to be exposed to occupational hazards due to air pollution, noise and vibration are provided with pre-assignment and periodical examinations thereafter, free of cost to the worker concerned.

5. Article 11, paragraphs 3 and 4. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes that the Government does not provide any information in this respect and therefore requests the Government to provide detailed information in its next report on measures taken to ensure alternative employment for workers who, for health reasons, are required to discontinue work with air pollution, noise or vibration, or measures taken or envisaged to enable them to maintain their income otherwise through social security.

6. Article 12. Competent authority. The Committee notes the Government’s statement that the responsible authority for noise is the Swedish Environmental Protection Agency and that the National Board of Occupational Safety and Health (Arbetsmiljöverket) has been renamed “the Work Environment Authority”. The Committee asks the Government to provide additional information in its next report on any measures taken or envisaged by the authorities in relation to air pollution, noise and vibration in the working environment.

7. Article 16 and Part IV of the report form. Labour inspection. The Committee requests the Government to provide in its next report extracts from labour inspection services reports, statistics on the number of workers covered by the legislation disaggregated by gender, if available, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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

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.

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

1. The Committee notes the detailed information contained in the Government’s report, the attached legislation and documentation.

2. The Committee notes with interest the amendments to Work Environment Act and the adoption by the Work Environment Authority of the provisions on systematic work environment management (AFS 2001:1). It notes that under Chapter 3, section 2b, of the Act, employers are responsible for making occupational health services available to their workers and when the competence within the employer’s activity is insufficient for systematic work environment management or for work relating to job modification and rehabilitation, the employer shall engage occupational health services or corresponding expert assistance from the outside. It notes the Government’s statement that the amendments are designed to underscore the employer’s duty to provide occupational health care and to refine the task of occupational health care to comprise preventive work environment management and vocational rehabilitation, thus setting the line between private and public health care and medical care. The Committee further notes the Government’s statement that in 2003 it instigated a re-examination of the occupational health services, particularly the need for a mandatory duty on the part of employers to provide occupational health care, whether it is advisable to introduce notices or conditions concerning quality assurance of the occupational health care required by law, ways of securing their manpower supply without adverse effects on medical care, and ways of better utilizing their special competence in the listing of illnesses and rehabilitation process. The Committee asks the Government to continue to provide information on the results from this examination of the occupational health care.

3. Articles 2, 10 and 11. National policy, professional independence and qualifications. With respect to its previous comments concerning the professional independence for the personnel providing occupational health services and their qualifications, the Committee notes with interest that, according to section 12 of AFS 2001:1, the personnel providing occupational health services shall have sufficient competence and resources for their work. It also notes the Government’s statement that the Work Environment Authority adopted in 2001 (and revised in 2002) a “Strategy for occupational health services” to ensure the independence of the personnel providing occupational health services. It further notes that according thereto the occupational health service shall be an independent source towards both the employer and the workers and that it should take a position of independence and impartiality and that the personnel shall have high qualifications and shall have a multi-disciplinary education. The Committee further notes the measures taken by the Work Environment Authority in collaboration with the National Institute for Working and the Association for Swedish Health Care (Föreningen Svensk Hälsovård) for developing projects to reinforce methods for the furtherance of occupational health services. It also notes that additional funding was provided in 2001 and 2003 for an adjustment of the Work Environment Authority’s supervisory methods and the enhancement of its competence in the field of negative stress and social factors and workloads in cooperation with occupational health services in this area. The Committee asks the Government to continue to provide information on measures taken to promote the application of the Convention.

4. Part IV of the report form. Labour inspections and statistical information. The Committee notes from the Work Environment Surveys that the number of workers having access to occupational health services has slightly decreased from 72.2 per cent in 1999 to 67 per cent in 2003. It also notes that the number of notices issued by the Work Environment Authority with respect to occupational health services has slightly increased from 0.4 per cent (155 notices) in 2001 to 1.4 per cent (736 notices) in 2003. The Committee asks the Government to continue to provide information on the practical application of the Convention.

 

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

1. The Committee notes the detailed information contained in the Government’s report, the attached legislation and documentation.

2. Article 4 of the Convention. National legislation. The Committee notes with interest the numerous legislative measures undertaken by the Work Environment Authority and notes in particular the adoption of the provisions on use of personal protective equipment (AFS 2001:3), the provisions on rockwork (AFS 2003:2), the provisions on inspection of lifting gear and other technical devices (AFS 2003:6), and the provisions on ladders and trestles (AFS 2004:3), ensuring the application of the Convention. It understands that further rules have been adopted, such as provisions on pressure vessels (AFS 2005:5) as well as regulations on air pollution, noise and vibrations, and refers in this respect to its comments under Convention No. 148. The Committee asks the Government to continue to provide information on legislative measures undertaken.

3. Article 8. Shared workplaces. The Committee notes the Government’s statement that it is currently examining the national legislation applicable to foreign self-employed workers undertaking activities in Sweden, particularly as regards their activities in shared workplaces. The Committee requests the Government to provide information in its next report on measures taken to ensure the application of the Convention whenever two or more employers undertake activities simultaneously at one construction site and particularly when foreign self-employed workers are undertaking activities at such construction site.

4. Part VI of the report form. Practical application. Based on statistical information provided by the Government, the Committee notes that the number of accidents seems to be relatively constant but remains high with an annual average of over 3,200 accidents. The Committee also notes the information that during 2003 the labour inspection paid 5,426 visits in the construction industry, corresponding to 26 visits per 1,000 workers. It further notes the Government’s statement that, due to a new registration system for reporting of work-related illness which was introduced in 2002, it was not possible to provide figures that are comparable with those for previous years. The Committee asks the Government to continue to provide information on the practical application of the Convention and to indicate whether any special measures have been taken or are envisaged to bring down the number of accidents in the construction industry.

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

The Committee notes the detailed information contained in the Government’s reports, the attached legislation, documentation and jurisprudence. It notes with interest the numerous legislative measures undertaken, in particular the Act (SFS 1999:381) and Ordinance (SFS 1999:382) for the prevention and limitation of the consequences of serious chemical accidents, as well as the different measures undertaken by the Work Environment Board (Arbetarskyddsstyrelsen), the Labour Inspectorate (Yrkesinspektionen), the Swedish Environmental Protection Agency (Naturvardsverket), the Swedish Inspectorate for Explosives and Flammables (Sprängämnesinspektionen), the Rescue Services Agency (Räddningsverket) and the National Chemicals Inspectorate (Kemikalieinspektionen) ensuring the application of the Convention. The Committee requests the Government to provide additional information with its next report on the practical application of the Convention, including the number of the workers covered, disaggregated by gender, if possible, the number of labour inspections carried out, their findings and actions undertaken as a result.

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

1. Article 1 of the Convention. Prohibition of the use of lead. The Committee notes the Government’s statement that exemptions to the prohibition of the use of lead carbonates as a constituent of chemical products may be granted by the National Chemicals Inspectorate if there are particular reasons for doing so. The Committee requests the Government to provide additional information in its next report regarding the factors taken into account by the National Chemicals Inspectorate when granting these exemptions and the frequency of exemption granted.

2. Article 3, paragraph 1. Prohibition to employ women. The Committee notes the information contained in the Government’s reports in response to its previous comments stating that 777 women and 14,616 men were employed in the painting and decorating trade in 1999, but that neither men nor women in the painting and decorating trade are exposed to white lead at work. It also notes the Government’s indication that indoor use of white lead has been prohibited in Sweden since 1923.

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.

2. Article 6. National legislation. The Committee notes with interest the Government’s continued legislative improvements and notes the amendments to the provisions on use of work equipment (AFS 1998:4), the adoption of provisions on rock work (AFS 2003:2), amendments to provisions on systematic work environment management (AFS 2001:1) and the adoption of provisions on inspection of lifting gear and certain other technical devices (AFS 2003:6). The Committee asks the Government to continue to provide information on legislative measures taken to ensure the application of the Convention.

3. Article 15, paragraph 2, and Part IV of the report form. Labour inspection and general appreciation of the application of the Convention. The Committee requests the Government to provide extracts from labour inspection services reports, statistics on the number of workers covered by the legislation disaggregated by gender, if available, the number and nature of contraventions reported, as well as any other information allowing the Committee to assess more accurately how the Convention is applied in practice in the country.

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.

2. Articles 1 and 6 of the Convention. Carcinogenic substances and agents and national legislation – synthetic inorganic fibres. The Committee notes with interest the extensive legislative revisions undertaken by the Government resulting in the adoption in 2005 of the Provisions of occupational exposure limit values and measures against air contaminants (AFS 2005:17), which prescribes occupational exposure limits value reductions for asbestos, toluene diisocyanate, cadmium compounds, chromium (VI) compounds, wood dust and certain synthetic inorganic fibres. It also notes the Government’s statement that through the adoption of revised Provisions on Synthetic Inorganic Fibres (AFS 2004:1), the occupational exposure limit values have been reduced for certain fibres judged to be carcinogenic in relation to those of certain other synthetic inorganic fibres, and that the former types of fibres can only be handled upon authorization of the competent authority, and require periodic exposure measurements and medical examinations to be carried out. The Committee understands that the revision concerning the handling of cytostatics and other pharmaceuticals with long-term toxic effect has been terminated and resulted in the adoption of Provisions on cytostatic and other drugs with enduring toxic effects (AFS 2005:5) and that the Provisions on thermosetting plastics (AFS 2005:28) has been issued. It further notes the adoption of the Provision on the protection of workers from risks related to exposure to biological agents at work (AFS 2005:1). In addition, the Committee notes the recent adoption of the Provisions on asbestos (AFS 2006:1) and, in this respect, refers to its comment in 2005 under the Asbestos Convention, 1986 (No. 162). In this context, the Committee also notes the information that the project “Exposure to synthetic inorganic fibres”, which preceded the adoption of the revised regulations, demonstrated that many undertaking were unaware that they were handling fibres or to be ignorant of which fibres they were handling. The Committee asks the Government to continue to provide information on legislative measures taken to give effect to the provisions of the Convention.

3. Articles 1 and 2, paragraph 1. Conditional permits. With reference to its previous comments in which the Committee requested the Government to provide information on the impact of the issuing of conditional permits, i.e. whether a practice of submitting the handling of carcinogens to prior authorization in fact would lead to their replacement as well as to the introduction of safer work processes. The Committee notes that the Government found it difficult to document the effect of the procedure for which conditional permits could be granted but that their general impression was one of widespread hesitance from employers side at the prospect of the inconvenience which the requirements of a permit entailed. The Committee requests the Government to provide it with any additional information in this respect, should any such information become available in the future.

4. Article 5. Medical examinations. The Committee understands that the Provisions on medical examinations in working life were adopted on 17 February 2005 (AFS 2005:6) provide that employers are obliged to provide medical examinations free of costs to the workers, in accordance with the Convention. It also notes that the revised Provisions on synthetic inorganic fibres referred to above require medical examinations for workers exposed to refractory ceramic fibres, special fibres and synthetic inorganic crystalline fibres. It notes in this respect the Government’s statement that medical examinations are to be carried out every third year and that spirometry is to be performed on each examination, but that lung X-rays need only be taken on every second occasion. However, with respect to the medical costs, the Committee notes that the Government indicates that these are to be covered by the employers for the duration of the employment relationship and that it is recommended that the employer continue to arrange medical examinations if this is medically justified after the termination of the employment relationship but that, if an employer fails to do so, the worker is to be referred to the County Council medical care. Against this background, the Committee feels obliged to reiterate that the need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate and that the latency period for cancer is notoriously long extending sometimes to 30 years or more. The Committee requests the Government to provide additional information in its next report on the manner in which it is ensured that the medical examinations free of costs to the workers are carried out after the period of employment is terminated, in accordance with Article 5 of the Convention.

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

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.

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

1. Further to its observation, the Committee requests the Government to provide additional information on the following points.

2. Article 6 of the Convention. Maximum permissible doses of ionizing radiation. The Committee notes that the Government does not respond to the Committee’s previous request for information and concerns with respect to the maximum permissible doses of ionizing radiation for work with ionizing radiation. It reiterates its concern that section 5 of Regulations SSI FS 1998:4 prescribes an annual dose limit of 50 mSv, while the 1990 ICRP recommendations recommend an average effective dose limit of 20 mSv per year. The Committee reiterates its invitation to the Government to bring the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998:4 fully in line with the recommendations of the ICRP, in order to ensure the effective protection of workers exposed to ionizing radiation in the course of their work.

3. Article 13. Scope of emergency work. The Committee notes the Government’s statement that notification in accordance with Article 13(b) is required when "something unexpected happens" and that this is to be interpreted that notification is also needed when no doses did affect the employees but could have done so under poorer conditions.

4. Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes that the Government does not respond to the Committee’s previous request for information and concerns with regard to the provision of suitable alternative employment for workers who are, for health reasons, required to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures. The Committee reiterates its previous request to the Government to provide detailed information on which measures have been taken in this respect.

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

1. The Committee notes the information provided in the Government’s report, including the information provided in response to its previous comments. It requests additional information in respect of the following points.

2. Article 11, paragraphs 1 and 2, of the Convention. Use of crocidolite. The Committee notes the information that 11 authorizations were provided by the competent authority for the use of crocidolite and that derogations are only granted on the basis of the employer’s indication that the replacement by less dangerous substances or products is not possible. It notes that the derogations granted in all cases concerned research and analysis. In this respect, the Committee requests the Government to keep it informed of derogations granted by the competent authority and the measures taken in these cases to ensure that the health of workers is not placed at risk.

3. Article 21, paragraph 1. Medical examinations after the suspension of the contract. The Committee notes the information that the issue of periodic medical examinations after the suspension of exposure to asbestos was discussed in the legislative process of 1991. It also notes that the Government considered it unnecessary to legislate in this field, but that it specified that the general recommendations accompanying the Provisions of the National Board of Occupational Safety and Health on Quartz and Asbestos could be used as a starting point for voluntary medical follow-up. The Committee refers again to Paragraph 31, subsection 3, of the Asbestos Recommendation, 1986 (No. 172) which, in addition to medical examinations preliminary to the assignment and periodic medical examinations, provides for suitable medical examinations after the suspension of an assignment involving the exposure to asbestos. The Committee requests the Government to take the necessary measures to ensure the full application of this Article of the Convention.

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

1. The Committee takes note of the report of the Government and the information provided by the Government in reply to its previous comments.

2. Article 1, paragraphs 1 and 4 (in relation to Articles 6, paragraph 1; 7, paragraph 1; 9, paragraph 1; 10, paragraphs 1 and 2). Classification, marking and labelling of chemicals. (a) Classification of chemicals. The Committee notes that the Government has indicated that classification is the responsibility of the National Chemicals Inspectorate and the National Rescue Services Board and that the classification system has been updated in accordance with EU directives. It also notes that the duty of the employer under section 4 of AFS 2000:4 Chemical Hazards in the Working Environment to identify hazardous chemicals occurring in the work environment requires all chemicals to be taken into account and not just chemicals classified and marked as hazardous by the manufacturer.

(b) Labelling of hazardous chemicals. The Committee notes that sections 24 and 40 of AFS 2000:4 Chemical Hazards in the Working Environment require the labelling of packages, containers and pipelines holding hazardous chemical substances or chemical products which are dangerous to health or inflammable. The Committee further notes that section 8 of Chapter 14 of the Swedish Environmental Code requires manufacturers or importers of chemical products or anyone who places such products on the market to supply any information that is necessary in order to protect human health or the environment by labelling the products or by some other means. The Committee notes that these provisions fulfil the requirements of the Convention in respect of the labelling of all hazardous chemicals.

(c) Marking of chemicals. The Committee notes that there appears to be no legal provision giving effect to the requirement of Articles 7, paragraph 1 and 9, paragraph 1(b), of the Convention, which require all chemicals to be marked so as to indicate their identity. The Committee wishes to point out that the marking of all chemicals, including chemicals that are not hazardous or dangerous to health or inflammable, is essential to indicate their identity and thus ensure that one chemical is not mistaken for another. The Committee therefore requests the Government to indicate in its next report, the measures taken or envisaged to ensure that the requirement of the Convention in respect of the marking of all chemicals is given effect to, in law as well as in practice.

3. Article 12, paragraph (d). Access for workers and their representatives to records of monitoring of the working environment. The Committee notes that sections 7 and 19 of AFS 2000:3 Occupational Exposure Limits Values and Measures Against Air Contaminants stipulate documented investigation of exposure to air contaminants and documentation of air contaminant measurement and that employees shall have access to this documentation. It further notes that this investigation is part of the risk assessment stipulated in sections 4-6 of AFS 2000:4 Chemical Hazards in the Working Environment, the results of which should be documented and made available to the workers as per section 6 of the said law. While noting this information, the Committee once again requests the Government to communicate samples of the documentation (certificates or records of control) required to be kept available by the employer under section 3 of the Work Environment Ordinance (SFS 1977:1166).

4. Article 15, paragraph (d). Training of workers. The Committee once again requests the Government to communicate a copy of a sample programme for the training of employees and/or some publicity material concerning hazardous chemicals intended for use at work, whose use is recommended in paragraph 22 of the Chemicals Recommendation, 1990.

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

1. The Committee notes the information contained in the Government’s reports.

2. Article 3 of the Convention. Formulation and carrying out of a national policy. The Committee notes that the Mining Industry Environment Committee (GRAMKO) - composed of a permanent representative of SWEA, as well as representatives of the Swedish Mining Association employees (the Swedish Metal Workers’ Union) and employers (the Employers’ Association of Swedish Mine Owners/Metal Manufacturing group) as well as representatives of the fire protection services - are called upon to take initiatives and coordinate work related to the working environment in this industry. The Government reports that GRAMKO meets four times annually and that minutes of the meetings are distributed to all mines and limestone quarries in Sweden, where the minutes are posted at suitable points and distributed to supervisory staff, safety delegates, etc. and that through this procedure, very close contact is maintained between SWEA and the mining industry. The Committee requests the Government to provide further information on how GRAMKO contributes in practice to the formulation and carrying out of a coherent policy on safety and health in mines as well as the manner in which national conditions and practice have been taken into consideration in this context.

3. Article 5, paragraph 4(d). Safe storage, transportation and disposal of hazardous substances and waste produced at the mines. The Committee notes that the requirements for safe storage, transportation and disposal of hazardous substances and waste produced at the mines are generally covered by the risk assessment provisions in sections 2 and 3 of the AFS (Regulations of the Swedish Work Environment Authority) 2003:2 concerning rock work and by AFS 2002:1 concerning systematic work environment management. The Committee requests the Government to provide more specific information on how the safe storage, transportation and disposal of hazardous substances used in the mining process and waste produced at the mine is ensured in practice.

4. Article 13, paragraph 1(a), (b) and (e). Reporting of accidents, the right to request and obtain inspections, and the right to removal. The Committee notes that the Government indicates that the issues addressed in this Article are regulated in Chapter 6 of the Work Environment Act (SFS 1977:1160 as amended until 1 July 2004) (WEA) on cooperation between employers and employees. The Committee notes that the relevant provisions in this chapter of the Act confer rights and duties on elected safety officers (in enterprises employing five or more employees and in smaller enterprises when the working conditions so require) or on safety committees (in enterprises with more than 50 employees) while paragraph 1(a), (b) and (e) of Article 13 of the Convention confer the right to report accidents, to request and obtain inspections and the right to removal, on the workers. The Committee further notes that the right to removal in Article 13, paragraph 1(e), of the Convention is not conditioned on a decision from a supervisory authority. The Government is requested to provide information on measures taken or envisaged to ensure that full effect is given to Article 13, paragraph 1(a), (b) and (e), of the Convention in law and in practice.

5. Article 13, paragraph 2(b)(i). Right of safety officers to participate in inspections and investigations. The Committee notes that the Government indicates that the issues addressed in this Article are regulated in Chapter 6 of the WEA. The Committee notes that section 4 of Chapter 6 which provides for the rights and duties of the safety officers, does not appear to confer the right for safety officers to participate in inspections and investigations conducted by the employer and the competent authority at the workplace. The Government is requested to provide information on measures taken or envisaged to ensure that full effect is given to Article 13, paragraph 2(b)(i), of the Convention in law and in practice.

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

1. The Committee notes the information contained in the Government’s report and the numerous attachments.

2. Article 3. Adoption of rules. The Committee notes with interest that the Government continues to adopt rules to ensure the effective protection of workers against ionizing radiation. It notes, inter alia, that the Working Environment Authority has issued regulations under section 18 of the Working Environment Ordinance (SFS 1977:1166) which include provisions to limit exposure to radon and radon daughters. It notes, in particular, the updated occupational exposure limit values and measures against air contaminants (AFS 2000:3) and the regulations with respect to rock work (AFS 2003:2) and that sections 21 to 23 of the latter regulations state that low radon and radon daughter concentrations shall be aimed for in all workplaces below the ground.

3. Article 15. Labour inspection. The Committee notes with interest the Government’s statement that during the last five years labour inspection of radioactive sources has become more intensified.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

1. The Committee refers to its observations and notes the information provided in the Government’s latest report indicating that the Work Environment Act, the Medical Care (Compensation) Act and the Physiotherapy (Compensation) Act should be amended with effect from 1 January 2000. The Committee further notes that the Government did not see itself in the position to provide further details on the matters raised in the Committee’s previous requests, due to the fact that, at the time of reporting, the amendments were still under parliamentary discussion. The Committee hopes the said amendments have since been adopted and the Government would be in a position to answer its previous comments, which read as follows:

Article 3, paragraph 1, of the Convention. In the previous comments, the Committee noted that 270,000 self-employed persons were denied access to occupational health services. The Committee notes that the provisions of the Work Environment Act, including its provisions on occupational health care, do not apply to this category of workers, with the result that there is a lack of statutory support for insisting that self-employed persons become affiliated to occupational health services. The Committee would recall that the Convention is aimed at all workers without any exclusion. The Government is requested to indicate general and particular measures taken or envisaged to extend the application of the appropriate national legislation to self-employed persons.

Article 10. 1. In the previous comments, the Committee concluded on the basis of the information provided by the Government that the personnel of occupational health services which had received state grants could enjoy professional independence. It requested the Government to indicate the number of occupational health services which were not in accordance with the guidelines of the work environment agreement between the labour market parties and by this reason did not receive such grants. As the Government has provided no information in reply on this point, it is again requested to indicate the number in question. If occupational health services of this last group are considered to be part of the overall coherent national policy called for in Article 2 of the Convention, the Government is requested to indicate the measures taken or envisaged to ensure that the personnel of these services enjoy professional independence.

2. The Committee notes that the question of professional independence (impartiality) of occupational health services personnel is dealt with in the agreements between the labour market parties. The Committee draws the attention of the Government to the fact that, in accordance with this provision of the Convention, it should guarantee such professional independence to the personnel from employers, workers and their representatives. The Government is requested to indicate the measures taken or envisaged to enable the personnel providing occupational health services to enjoy full professional independence.

Article 11. In the previous comments, the Committee noted that the qualifications of occupational health service personnel were to be published once the Occupational Health Services’ Advisory Committee had reached agreement in this regard. The Government indicates that no public rules exist concerning the qualification required for different professional groups within occupational health services; and that quality and competence of the personnel can be ensured within an assurance system for occupational health services. The Government also indicates that the National Institute of Occupational Health is the main provider of personnel training in the occupational health-care sector. It has a training council whose task, in collaboration with the labour market parties, is to decide the content of this training. The Committee notes this information. It recalls that the competent authority should determine, in accordance with this provision of the Convention, the qualifications required for the personnel providing occupational health services. The Committee hopes that the qualifications in question for different professional groups will be determined by the competent authority in the near future.

Article 12. In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in accordance with this provision of the Convention. In reply, the Government indicates that compensation for medical care or other medical treatment of workers is provided in the context of national insurance. The Government is requested to indicate if the surveillance of workers’ health in relation to work is completely free of charge and takes place as far as possible during working hours.

Articles 14 and 15. In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in conformity with these provisions of the Convention. In reply, the Government indicates that the need and scope of occupational health services are a matter for the labour market parties to decide. The Government is requested to indicate the manner, introduced by the labour market parties, in which the occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers’ health, as well as of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

1. The Committee notes the amendments of numerous provisions on workers’ protection in relation to occupational hazards, issued by the National Board of Occupational Safety and Health with a view to update them. The Committee notes in particular the adoption of the Ordinance on Asbestos (AFS 1996:13) of 5 December 1996 revising and completing the Provisions AFS 1992:2 on the same subject. In this respect, the Committee also notes with interest the new updated brochure on asbestos containing information, intelligible to all workers, on the regulations currently in force.

2. Article 11, paragraphs 1 and 2, of the Convention. The Committee notes that the rules concerning crocidolite (blue asbestos) have been removed from the Provisions on Occupational Limit Values (AFS 1996:2) and inserted into the Ordinance on Asbestos (AFS 1996:13). It notes that section 4 provides for a prohibition of handling crocidolite and materials containing crocidolite which is, however, subject to possible derogations indicated under section 9. Section 9 for its part enumerates the kinds of work where crocidolite and materials of crocidolite may be handled upon permission to be granted by the Labour Inspectorate. In this regard, the Commission notes that the grant of a permission is conditional on indications to be supplied by the employer, such as the explanation for the non-applicability of other less harmful substances or products. The Committee requests the Government to indicate the number of derogations granted by the Labour Inspectorate in relation to the interdiction of handling crocidolite. The Government is further invited to keep the International Labour Office informed on any measures taken with regard to workers’ protection against asbestos.

3. Article 21, paragraph 1. With regard to periodic medical examinations of workers exposed to asbestos in the course of their work, the Committee notes section 36 of the Ordinance on Asbestos (AFS 1996:13) providing, inter alia, for the periodicity of these examinations which now have to be carried out every three years following article 15 of the European Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work. Noting this information, the Committee, with a view to the serious health impairments which may be related to the exposure of workers to asbestos, would refer to Paragraph 31, subparagraph 3, of the Asbestos Recommendation, 1986 (No. 172) opting, besides pre-assignment and periodic medical examinations, for appropriate medical examinations to continue to be available to workers after the termination of an assignment involving exposure to asbestos. The Committee therefore would invite the Government to consider the possibility to insert such a provision into the Ordinance on Asbestos (AFS 1996:13) which would optimize the protection of workers in relation to asbestos and respond to the not uncommon situation wherein the detrimental effects of asbestos to workers’ health are not detected until after a worker has terminated the employment involving exposure.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret 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 takes note of the information provided in the Government’s reports.

1. Article 1, paragraphs 1 and 4 (in relation to Articles 6(1), 7(1), 9(1), 10(1) and 10(2)), of the Convention. The Committee notes, from the Government’s reports, that the national legislation giving effect to the abovementioned provisions of the Convention only contains requirements in respect of hazardous chemicals and does not stipulate requirements related to other chemicals (not classified as hazardous). The Committee requests the Government to indicate the provisions dealing with the requirements regarding labelling and marking of all chemicals, the responsibilities of suppliers of chemicals, and of employers using chemicals at work and receiving chemicals that have not been labelled or marked.

2. The Committee has taken note of the comments formulated by the Swedish Trade Union Confederation (LO) according to which, in the nineties, there have become general deficiencies in the application of the existing laws and regulations as regards cooperation and training deficiencies which can ultimately undermine the validity of the provisions in the chemical sector and in work environment activities generally.

The Committee notes the Progress Reports "Responsible Care" of 1995 and 1997 which contain information on the results of the carrying-out of the programme introduced in 1991 with a view to ensure the chemical industry’s commitment for continuous improvements in the areas of health, safety and the environment. It notes in particular that the training period for each employee, for 1994 and 1995, is equal to four days on average. The Committee would be grateful if the Government would communicate a copy of a sample programme for the training of employees and/or some publicity material concerning hazardous chemicals intended for use at work, whose use is recommended in Paragraph 22 of the Chemicals Recommendation, 1990 (No. 177).

3. The Committee has noted from the comments formulated by the Swedish Trade Union Confederation (LO) the allegations that provisions are lacking in the national legislation with respect to the requirement of Article 12(d) of the Convention to ensure that the records of monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept, the only exception envisaged by the Act on Registration of Exposure to Carcinogenic Substances (AFS 1993:37). In its response, the Government refers to section 3 of the Work Environment Ordinance (SFS 1977:1166) which prescribes that written messages from the Labour Inspectorate concerning matters of safety and health and certificates or records of control, testing or examination as referred to in Chapter 4, sections 1 to 3 of the Working Environment Act, with other documents in this connection, shall be kept available by the employer for at least five years after their date of issue.

The Committee has taken due note of this response and requests the Government to communicate samples of the abovementioned documentation (certificates or records of control).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Further to its observation, the Committee would draw the Government’s attention to the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiation. The Committee notes the Regulations SSI FS 1998: 4 on dose limits at work with ionizing radiation, which entered into force on 1 January 2000. It notes section 5 prescribing an annual dose limit of 50 mSv for persons working with ionizing radiation, and a limit on the effective dose equivalent to 100 mSv over five consecutive years. While these dose limits as such do not appear to be inconsistent with the dose limits recommended by the International Commission on Radiological Protection (ICRP) in its 1990 Recommendations, the Committee nevertheless reminds the Government that the ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), with the further provision that the effective dose should not exceed 50 mSv in any single year (paragraph 11 of the Committee’s 1992 general observation under the Convention in which it referred to the 1990 ICRP Recommendations). In the light of these indications, the Committee invites the Government to bring fully into line the annual dose limits for radiation workers prescribed in section 5 of the SSI 1998: 4 Regulations with the 1990 Recommendations of the ICRP, in order to ensure effective protection of workers exposed to ionizing radiation in the course of their work.

2. Article 13. Scope of emergency work. The Committee takes note of the provisions contained in sections 14 to 18 of the Regulations SSI FS 1998: 4 providing for dose limits in emergency exposure on the grounds of "particular reasons" (section 14). However, there is no provision containing a definition of circumstances that would constitute such "particular reasons", and in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed. Therefore, the Committee recalls the indications provided under paragraphs 16 to 27 and 35(c)(iii) of its 1992 general observation under the Convention and to paragraphs V.27 and V.30 of the International Basic Safety Standards, where it is explained that, according to the ICRP, the strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed covers only situations of "immediate and urgent remedial work". Hence, in the light of these indications, the Committee invites the Government to insert a provision to the above Regulations, which provides for a definition of circumstances in which exceptional exposure of workers to ionizing radiation may be authorized pursuant to section 14 of the Regulations SSI FS 1998: 4.

3. Article 14. Provision of alternative employment. The Committee notes the Government’s indication that the formal problem of providing alternative employment can no longer arise, since the approach in the Swedish legislation, as far as dose limits for exposure to ionizing radiation is concerned, changed from lifetime dose limits to annual dose limits. The Committee nevertheless would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention underlining that the offer of suitable alternative employment opportunities to the workers concerned derives from the provision of Article 3, paragraph 1, of this Convention, according to which effective protection of workers must be ensured. In addition, the Committee refers to the explanations provided under paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment to workers who are, for health reasons, to discontinue radiation work, or to enable them to maintain their income otherwise through social security measures. Finally, the Committee notes with interest section 9 of the Regulations SSI FS 1998: 4 according to which a pregnant woman who has informed her employer about her pregnancy, has the right to be transferred to work that does not imply exposure to ionizing radiation during the remaining time of pregnancy.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 notes the information provided by the Government in relation to Article 3 of the Convention. Further to its previous comments, it draws the Government’s attention to the following points.

1. The Committee notes the adoption of the overarching Provisions on Chemical Hazards of the Work Environment (AFS 2000:4) of 23 March 2000, and the Provisions on Occupational Exposure Limit Values and Measures Against Air Contaminants (AFS 2000:3) of 23 March 2000, issued by the Swedish National Board of Occupational Safety and Health (AFS), which consolidated and updated the existing national provisions aiming to prevent cancer at work.

2. Articles 1 and 2, paragraph 1, of the Convention. The Committee notes that certain carcinogens, namely the agents hydrazine, monomethyl hydrazine and dimethyl hydrazine were added to group B of Annex 3 to the Provisions on Occupational Exposure Limit Values and Measures Against Air Contaminants (AFS 2000:3) indicating the substances that pursuant to section 23 may only be handled upon authorization of the competent authority. The Government considers that the grant of conditional permits would represent, on the one hand, an effective instrument to control the handling of substances having carcinogenic properties and, on the other hand, it would motivate the employer to deliberate on alternative non- or less-harmful substances or working methods. Taking note of the Government’s considerations, the Committee invites the Government to provide information on the impact of this approach in practice, i.e. to know whether the submission of the handling of carcinogens to prior authorization in fact would lead to their replacement as well as to the introduction of safer work processes.

3. The Committee further notes the revision concerning the handling of cytostatics and other pharmaceuticals with long-term toxic effects through the adoption of the Provisions on Cytostatic and Other Drugs with Enduring Toxic Effects (AFS 1999:11) aiming to reduce the exposure of workers significantly when handling them. The Committee also notes the adoption of the Ordinance on Asbestos (AFS 1996:13) revising and completing the Provisions AFS 1992:2 on the same subject. The Committee wishes to refer to its comments provided under the Asbestos Convention, 1986 (No. 162). The Committee finally notes the revision of the Provisions on Thermosetting Plastics (AFS 1996:4). The Government adds that the Work Environment Authority has allocated considerable resources to the supervision of workplaces where workers are exposed to isocyanates, which represent one of the most important thermoplastics. The Government further explains that, since certain isocyanates are deemed to entail a potential risk of cancer, the supervision was focused to the isocyanate hypersensitivity of the respiratory tract. With regard to the categorization of certain mineral fibres as carcinogens set forth in the European Union Directive 97/69/EC, amending Directive 67/548/EEC, the Swedish Work Environment Authority is charting the use and the exposure to mineral fibres in special projects. In this context, the Government indicates that a revision of the Provisions on Synthetic Inorganic Fibres (AFS 1990:9) is planned. The Committee taking due note of this information, requests the Government to supply additional information on the projects launched concerning workers’ exposure to mineral fibres. Finally, the Government is asked to transmit a copy of the Provisions on Synthetic Inorganic Fibres (AFS 1990:9) once they have been revised.

4. Article 5. The Committee notes the Government’s indication according to which the revision of the Provisions on Statutory Medical Checks has not been finished yet. Owing to the Swedish approach to eliminate the carcinogenic factors in the work environment in order to prevent cancer of occupational origin at its source, the Work Environment Authority has given an operational priority to this work and therefore the Provisions on Statutory Medical Checks are still being revised. In this respect, the Government adds that chemical and physical factors in the Swedish work environment are estimated to contribute only less than one-thousandth of all cancer cases in the country while a few decades ago the estimate was 2 per cent. Nevertheless, the revision work on statutory medical checks is in progress and the Work Environment Authority intends to study closely the possibilities of medical examinations, which will facilitate the early discovery of cancer in work environments with heightened cancer risks, so that rules on medical examinations can be introduced when it proves medically justifiable. With regard to medical examinations of workers after the termination of employment, the Government merely indicates that the setting of rules on this issue does not lie within the competence of the Work Environment Authority. The Committee, while noting with interest the different activities of the Work Environment Authority to eradicate carcinogenic factors in the work environment as well as the current revision of the Provisions on Statutory Medical Checks, wishes to underline the importance of medical examinations during and after the period of employment, which are necessary to evaluate the exposure of workers and their state of health. With regard to the Government’s indicated priority to eliminate the carcinogenic factors in the work environment, the Committee points out that periodic health examinations of workers frequently reveal the existence of health hazards in the workplace. The need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Moreover, its development is generally very slow, with the latent period stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take the necessary measures to guarantee that workers are provided, during and after their employment, with medical examinations or biological or other tests or investigations necessary to evaluate their state of health in relation to the occupational hazards. The Government is also requested to transmit a copy of the Provisions on Statutory Medical Checks once they are have been revised.

5. Part IV of the report form. With regard to the Government’s indication concerning the planned supervision of workplaces in relation to workers’ exposure to isocyanates, the Committee asks the Government to provide information on the outcome of the above described supervision of workplaces and on its impact on future legislative measures, e.g. the revision of the Provisions on Synthetic Inorganic Fibres (AFS 1990:9).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the legislation appended to the Government’s report which had been requested in the Committee’s previous comments, namely Ventilation and Air Quality (AFS 1993:5), Measures Against Air Contaminations for the Prevention of Ill-Health (AFS 1993:7), and Occupational Exposure Limit Values (AFS 1996:2). The Committee notes that the above texts have not yet been translated into English. The Committee will therefore examine these texts once the English version is available.

The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice in the country, providing, for instance, extracts from reports of the authority or authorities responsible for the application of the Convention (Part IV of the report form).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report and the number of regulations issued by the Swedish Radiation Protection Institute in the application of section 19 of the Radiation Protection Act (1988: 220) and the Radiation Protection Ordinance (1988: 293).

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. Maximum permissible doses of ionizing radiation for pregnant and breastfeeding women directly engaged in radiation work. With regard to the protection of pregnant women or breastfeeding women engaged in radiation work, the Committee notes with satisfaction sections 9 to 11 of the Regulations SSI FS 1998: 4 on dose limits at work with ionizing radiation which are in compliance with the 1990 ICRP Recommendations and thus giving effect to Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention.

2. Article 8. Dose limits for non-radiation workers. The Committee notes with satisfaction the provision of section 12 of the Regulations SSI FS 1998: 4 applying Article 8 of the Convention.

In addition, the Committee raises other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 noted that progress had been made in deciding whether to introduce legislative amendments on the subject of the provision of occupational health services. It noted that in May 1999, the Government introduced Government Bill Prop. 1998/99:120, which proposed a new provision on occupational health services in Chapter 3 of the Working Environment Act (1977:1160) and amendments to section 9 of the Medical Care (Compensation) Act (1993:1651) and to section 9 of the Physiotherapy (Compensation) Act (1993:1652). The Government indicated that the purpose of these amendments was to elucidate the duty of the employer to provide occupational health services. Furthermore, they are aimed at refining the tasks of occupational health services and at clarifying the cooperation between occupational health services and the publicly financed medical care. Under the proposed new provision of the Work Environment Act, an employer shall be responsible for the occupational health services demanded by the prevailing working conditions. Moreover, occupational health services are taken to mean an independent expert resource in the fields of the working environment and rehabilitation. Occupational health services shall work specifically to prevent and eliminate health hazards in workplaces and shall have the competence to identify and describe connections between the working environment, organization, productivity and health. The Government had indicated that the amendments would take effect on 1 January 2000.

The Committee also noted that when the Government’s last report was received, the said amendments had not yet been discussed by the Riksdag, and that it had stated its difficulty in answering the Committee’s previous observation.

The Committee hopes the amendments have since been adopted and that the Government would be in a position to answer its previous comments, which read as follows:

Article 2 of the Convention. Referring to its previous comments, the Committee notes the amendments to the national legislation and changes made in the funding system for occupational health care aimed at encouraging preventive activities under work environment policy. As to the Government’s control of occupational health care, the National Audit Bureau concluded that the steering effects of the state grant were weak, for example, in increasing the affiliation of small undertakings, and the Government consequently abolished the general grant for occupational health services as from January 1993. In the meantime, a special investigator was appointed to study the organization and funding of occupational health services, and recommended the abolition of public control on occupational health services. This recommendation was based on the support expressed by the labour market parties of collective agreements for a flexible and efficient adjustment of resources for work relating to the occupational environment and rehabilitation. The special investigator proposed that provisions for occupational health services be added to the Work Environment Act. Most of the authorities and organizations upon examination of the investigator’s report took the view that the question of occupational health services should be settled through collective bargaining. Agreements concerning occupational health care have been concluded in certain negotiating sectors. The Government intends to wait for the results of negotiations before deciding whether or not to introduce legislative amendments on the subject. In the Spring of 1993 a pilot study was undertaken by the National Board of Occupational Safety and Health in preparation of an ordinance relating to occupational health services.

The Committee also noted that the LO points out in its comments that since the cancellation in July 1992 of the Work Environment Agreement between the LO and the SAF that had governed the conditions applying to occupational health services in the private employment sector, such services have not been regulated by any collective agreements and that negotiations concerning a new agreement have been going on for more than two years.

The Committee further noted the comments by the SAF indicating that a significant number of agreements at the national federation level have been concluded and discussions are still in progress with several other federations. The main issue is the benefit that companies and employees derive from occupational health services. In conclusion, the SAF considers that, given the rules contained in the national legislation in the great majority of cases the employer cannot meet its responsibilities for the work environment and rehabilitation without assistance from occupational health services, and that no further legislation is needed for the implementation of the Convention.

The Committee hopes that the efforts undertaken by the Government in order to review the national policy on occupational health services will lead to a solution in the near future, in the light of national conditions and practice and in consultation with the most representative organizations of employers and workers. It requests the Government to indicate progress achieved in this respect.

Article 3, paragraph 1. In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to promote occupational health services for all workers and to indicate the progress made in this regard.

The Government indicated that a new agreement on occupational health services, effective as of 1 July 1992, had been concluded by the National Agency for Government Employers (SAV) and the union organizations for the national government sector; that in a special agreement for the local government sector, concluded in May 1993, the parties referred to occupational health services as a possible resource within the work environment and rehabilitation sphere; and that a number of agreements have been concluded in the private sector. According to the Government, the special provision concerning the Occupational Health Services Delegation in the Standing Instructions of the National Board of Occupational Safety and Health was contained by more generally worded rules to the effect that the Board and the Labour Inspectorate are to observe and encourage the development of occupational health services. The Committee asks the Government to provide copy of the said text. The Committee also notes that a study undertaken jointly by the OHS sectoral organization and the labour market parties referred to by the LO in its comments pointed to the trend of a significant diminution in the staff of occupational health services and in the number of units.

The SAF indicated that the reasons for this reduction of occupational health services were the previous glut of these services, the decline in the number of employees in the country, the growth of corporate expenditure on these services and the threat posed to the status of medical care by the reforms introduced in primary care. In the opinion of the SAF, too much attention has been focused on the coverage rate of occupational health services solely in terms of the number of persons covered. The evaluation of the actual utilization of occupational health services by companies showed that, even among companies affiliated to these services, barely half regarded them as a major corporate resource; for this reason, the SAF thinks it important to distinguish between formal coverage and the value of occupational health services inputs.

The Committee hopes that the Government will continue to make efforts to develop progressively occupational health services for all workers. The Government is requested to provide information on the measures taken or envisaged in this respect.

The Committee hopes that the Government will take the necessary action in the very near future.

The Committee is addressing a request directly to the Government on other points.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 30 of the Convention. The Committee notes the Government’s reply to its previous comments that had referred to the remarks made by the Swedish Trade Union Confederation (LO) regarding the need for inspection of personal protective equipment to rely on market control and the need for resources to be allotted to the authorities responsible for this in order to maintain a high standard of safety. The Government indicates that since 1 January 1994, it has incorporated EC Directive 89/686/EEC on personal protective equipment with its legislation through AFS 1993:11 Design of Personal Protective Equipment, revised through AFS 1996:7. The Directive requires national authorities to verify that the products of personal protection on the market satisfy the safety requirements of the Directive. The Government states that within the framework of inspection, a Nordic project has been conducted in which Swedish representatives acted as project leaders and all five Nordic countries took part. Various personal protective equipment were divided up between the different countries. The Committee notes the report of this activity from the Nordic Council of Ministers entitled Market control of personal protective equipment of 1997.

The Committee requests the Government, in its future reports, to continue to communicate information on the measures taken or envisaged to ensure the application of the Convention, including all necessary information on the application of the Convention in conformity with Part VI of the report form (labour inspection reports, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the Government’s report. It notes with interest the information provided by the Government in relation to Article 3 of the Convention. Further to its previous comments, it draws the Government’s attention to the following points.

1. The Committee notes with interest the adoption of the overarching Provisions on Chemical Hazards of the Work Environment (AFS 2000:4) of 23 March 2000, and the Provisions on Occupational Exposure Limit Values and Measures Against Air Contaminants (AFS 2000:3) of 23 March 2000, issued by the Swedish National Board of Occupational Safety and Health (AFS), which consolidated and updated the existing national provisions aiming to prevent cancer at work.

2. Articles 1 and 2, paragraph 1, of the Convention. The Committee notes with interest that certain carcinogens, namely the agents hydrazine, monomethyl hydrazine and dimethyl hydrazine were added to group B of Annex 3 to the Provisions on Occupational Exposure Limit Values and Measures Against Air Contaminants (AFS 2000:3) indicating the substances that pursuant to section 23 may only be handled upon authorization of the competent authority. The Government considers that the grant of conditional permits would represent, on the one hand, an effective instrument to control the handling of substances having carcinogenic properties and, on the other hand, it would motivate the employer to deliberate on alternative non- or less-harmful substances or working methods. Taking note of the Government’s considerations, the Committee invites the Government to provide information on the impact of this approach in practice, i.e. to know whether the submission of the handling of carcinogens to prior authorization in fact would lead to their replacement as well as to the introduction of safer work processes.

3. The Committee further notes the revision concerning the handling of cytostatics and other pharmaceuticals with long-term toxic effects through the adoption of the Provisions on Cytostatic and Other Drugs with Enduring Toxic Effects (AFS 1999:11) aiming to reduce the exposure of workers significantly when handling them. The Committee also notes the adoption of the Ordinance on Asbestos (AFS 1996:13) revising and completing the Provisions AFS 1992:2 on the same subject. The Committee wishes to refer to its comments provided under the Asbestos Convention, 1986 (No. 162). The Committee finally notes the revision of the Provisions on Thermosetting Plastics (AFS 1996:4). The Government adds that the Work Environment Authority has allocated considerable resources to the supervision of workplaces where workers are exposed to isocyanates, which represent one of the most important thermoplastics. The Government further explains that, since certain isocyanates are deemed to entail a potential risk of cancer, the supervision was focused to the isocyanate hypersensitivity of the respiratory tract. With regard to the categorization of certain mineral fibres as carcinogens set forth in the European Union Directive 97/69/EC, amending Directive 67/548/EEC, the Swedish Work Environment Authority is charting the use and the exposure to mineral fibres in special projects. In this context, the Government indicates that a revision of the Provisions on Synthetic Inorganic Fibres (AFS 1990:9) is planned. The Committee taking due note of this information, requests the Government to supply additional information on the projects launched concerning workers’ exposure to mineral fibres. Finally, the Government is asked to transmit a copy of the Provisions on Synthetic Inorganic Fibres (AFS 1990:9) once they have been revised.

4. Article 5. The Committee notes the Government’s indication according to which the revision of the Provisions on Statutory Medical Checks has not been finished yet. Owing to the Swedish approach to eliminate the carcinogenic factors in the work environment in order to prevent cancer of occupational origin at its source, the Work Environment Authority has given an operational priority to this work and therefore the Provisions on Statutory Medical Checks are still being revised. In this respect, the Government adds that chemical and physical factors in the Swedish work environment are estimated to contribute only less than one-thousandth of all cancer cases in the country while a few decades ago the estimate was 2 per cent. Nevertheless, the revision work on statutory medical checks is in progress and the Work Environment Authority intends to study closely the possibilities of medical examinations, which will facilitate the early discovery of cancer in work environments with heightened cancer risks, so that rules on medical examinations can be introduced when it proves medically justifiable. With regard to medical examinations of workers after the termination of employment, the Government merely indicates that the setting of rules on this issue does not lie within the competence of the Work Environment Authority. The Committee, while noting with interest the different activities of the Work Environment Authority to eradicate carcinogenic factors in the work environment as well as the current revision of the Provisions on Statutory Medical Checks, wishes to underline the importance of medical examinations during and after the period of employment, which are necessary to evaluate the exposure of workers and their state of health. With regard to the Government’s indicated priority to eliminate the carcinogenic factors in the work environment, the Committee points out that periodic health examinations of workers frequently reveal the existence of health hazards in the workplace. The need to examine workers after they have ceased their employment is due to the fact that the occupational origin of cancer is often difficult to demonstrate, as from the clinical and pathological point of view, there is no difference between occupational cancer and other non-occupational forms. Moreover, its development is generally very slow, with the latent period stretching over anything from ten to 30 years or more. The Committee accordingly urges the Government to take the necessary measures to guarantee that workers are provided, during and after their employment, with medical examinations or biological or other tests or investigations necessary to evaluate their state of health in relation to the occupational hazards. The Government is also requested to transmit a copy of the Provisions on Statutory Medical Checks once they are have been revised.

5. Part IV of the report form. With regard to the Government’s indication concerning the planned supervision of workplaces in relation to workers’ exposure to isocyanates, the Committee asks the Government to provide information on the outcome of the above described supervision of workplaces and on its impact on future legislative measures, e.g. the revision of the Provisions on Synthetic Inorganic Fibres (AFS 1990:9).

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

1. The Committee notes the Government’s report. It notes with interest the amendments of numerous provisions on workers’ protection in relation to occupational hazards, issued by the National Board of Occupational Safety and Health with a view to update them. The Committee notes in particular the adoption of the Ordinance on Asbestos (AFS 1996:13) of 5 December 1996 revising and completing the Provisions AFS 1992:2 on the same subject. In this respect, the Committee also notes with interest the new updated brochure on asbestos containing information, intelligible to all workers, on the regulations currently in force.

2. Article 11, paragraphs 1 and 2, of the Convention. The Committee notes that the rules concerning crocidolite (blue asbestos) have been removed from the Provisions on Occupational Limit Values (AFS 1996:2) and inserted into the Ordinance on Asbestos (AFS 1996:13). It notes with interest that section 4 provides for a prohibition of handling crocidolite and materials containing crocidolite which is, however, subject to possible derogations indicated under section 9. Section 9 for its part enumerates the kinds of work where crocidolite and materials of crocidolite may be handled upon permission to be granted by the Labour Inspectorate. In this regard, the Commission notes with interest that the grant of a permission is conditional on indications to be supplied by the employer, such as the explanation for the non-applicability of other less harmful substances or products. The Committee requests the Government to indicate the number of derogations granted by the Labour Inspectorate in relation to the interdiction of handling crocidolite. The Government is further invited to keep the International Labour Office informed on any measures taken with regard to workers’ protection against asbestos.

3. Article 21, paragraph 1. With regard to periodic medical examinations of workers exposed to asbestos in the course of their work, the Committee notes section 36 of the Ordinance on Asbestos (AFS 1996:13) providing, inter alia, for the periodicity of these examinations which now have to be carried out every three years following article 15 of the European Council Directive 83/477/EEC of 19 September 1983 on the protection of workers from the risks related to exposure to asbestos at work. Noting this information with interest, the Committee, with a view to the serious health impairments which may be related to the exposure of workers to asbestos, would refer to Paragraph 31, subparagraph 3, of the Asbestos Recommendation, 1986 (No. 172) opting, besides pre-assignment and periodic medical examinations, for appropriate medical examinations to continue to be available to workers after the termination of an assignment involving exposure to asbestos. The Committee therefore would invite the Government to consider the possibility to insert such a provision into the Ordinance on Asbestos (AFS 1996:13) which would optimize the protection of workers in relation to asbestos and respond to the not uncommon situation wherein the detrimental effects of asbestos to workers’ health are not detected until after a worker has terminated the employment involving exposure.

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

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 takes note of the information provided in the Government’s reports.

1. Article 1, paragraphs 1 and 4 (in relation to Articles 6(1), 7(1), 9(1), 10(1) and 10(2)) of the Convention. The Committee notes, from the Government’s reports, that the national legislation giving effect to the abovementioned provisions of the Convention only contains requirements in respect of hazardous chemicals and does not stipulate requirements related to other chemicals (not classified as hazardous). The Committee requests the Government to indicate the provisions dealing with the requirements regarding labelling and marking of all chemicals, the responsibilities of suppliers of chemicals, and of employers using chemicals at work and receiving chemicals that have not been labelled or marked.

2. The Committee has taken note of the comments formulated by the Swedish Trade Union Confederation (LO) according to which, in the nineties, there have become general deficiencies in the application of the existing laws and regulations as regards cooperation and training deficiencies which can ultimately undermine the validity of the provisions in the chemical sector and in work environment activities generally.

The Committee notes the Progress Reports "Responsible Care" of 1995 and 1997 which contain information on the results of the carrying-out of the programme introduced in 1991 with a view to ensure the chemical industry’s commitment for continuous improvements in the areas of health, safety and the environment. It notes in particular that the training period for each employee, for 1994 and 1995, is equal to four days on average. The Committee would be grateful if the Government would communicate a copy of a sample programme for the training of employees and/or some publicity material concerning hazardous chemicals intended for use at work, whose use is recommended in Paragraph 22 of the Chemicals Recommendation, 1990 (No. 177).

3. The Committee has noted from the comments formulated by the Swedish Trade Union Confederation (LO) the allegations that provisions are lacking in the national legislation with respect to the requirement of Article 12(d) of the Convention to ensure that the records of monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept, the only exception envisaged by the Act on Registration of Exposure to Carcinogenic Substances (AFS 1993:37). In its response, the Government refers to section 3 of the Work Environment Ordinance (SFS 1977:1166) which prescribes that written messages from the Labour Inspectorate concerning matters of safety and health and certificates or records of control, testing or examination as referred to in Chapter 4, sections 1 to 3 of the Working Environment Act, with other documents in this connection, shall be kept available by the employer for at least five years after their date of issue.

The Committee has taken due note of this response and requests the Government to communicate samples of the abovementioned documentation (certificates or records of control).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee refers to its observations and notes the information provided in the Government’s latest report indicating that the Work Environment Act, the Medical Care (Compensation) Act and the Physiotherapy (Compensation) Act should be amended with effect from 1 January 2000. The Committee further notes that the Government did not see itself in the position to provide further details on the matters raised in the Committee’s previous requests, due to the fact that, at the time of reporting, the amendments were still under parliamentary discussion. The Committee hopes the said amendments have since been adopted and the Government would be in a position to answer its previous comments, which read as follows:

Article 3, paragraph 1, of the Convention.  In the previous comments, the Committee noted that 270,000 self-employed persons were denied access to occupational health services. The Committee notes that the provisions of the Work Environment Act, including its provisions on occupational health care, do not apply to this category of workers, with the result that there is a lack of statutory support for insisting that self-employed persons become affiliated to occupational health services. The Committee would recall that the Convention is aimed at all workers without any exclusion. The Government is requested to indicate general and particular measures taken or envisaged to extend the application of the appropriate national legislation to self-employed persons.

Article 10.  1.  In the previous comments, the Committee concluded on the basis of the information provided by the Government that the personnel of occupational health services which had received state grants could enjoy professional independence. It requested the Government to indicate the number of occupational health services which were not in accordance with the guidelines of the work environment agreement between the labour market parties and by this reason did not receive such grants. As the Government has provided no information in reply on this point, it is again requested to indicate the number in question. If occupational health services of this last group are considered to be part of the overall coherent national policy called for in Article 2 of the Convention, the Government is requested to indicate the measures taken or envisaged to ensure that the personnel of these services enjoy professional independence.

2.  The Committee notes that the question of professional independence (impartiality) of occupational health services personnel is dealt with in the agreements between the labour market parties. The Committee draws the attention of the Government to the fact that, in accordance with this provision of the Convention, it should guarantee such professional independence to the personnel from employers, workers and their representatives. The Government is requested to indicate the measures taken or envisaged to enable the personnel providing occupational health services to enjoy full professional independence.

Article 11.  In the previous comments, the Committee noted that the qualifications of occupational health service personnel were to be published once the Occupational Health Services’ Advisory Committee had reached agreement in this regard. The Government indicates that no public rules exist concerning the qualification required for different professional groups within occupational health services; and that quality and competence of the personnel can be ensured within an assurance system for occupational health services. The Government also indicates that the National Institute of Occupational Health is the main provider of personnel training in the occupational health-care sector. It has a training council whose task, in collaboration with the labour market parties, is to decide the content of this training. The Committee notes this information. It recalls that the competent authority should determine, in accordance with this provision of the Convention, the qualifications required for the personnel providing occupational health services. The Committee hopes that the qualifications in question for different professional groups will be determined by the competent authority in the near future.

Article 12.  In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in accordance with this provision of the Convention. In reply, the Government indicates that compensation for medical care or other medical treatment of workers is provided in the context of national insurance. The Government is requested to indicate if the surveillance of workers’ health in relation to work is completely free of charge and takes place as far as possible during working hours.

Articles 14 and 15.  In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in conformity with these provisions of the Convention. In reply, the Government indicates that the need and scope of occupational health services are a matter for the labour market parties to decide. The Government is requested to indicate the manner, introduced by the labour market parties, in which the occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers’ health, as well as of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Further to its previous observation, the Committee notes with interest that progress has been made in deciding whether to introduce legislative amendments on the subject of the provision of occupational health services. It notes that in May 1999, the Government introduced Government Bill Prop. 1998/99:120, which proposes a new provision on occupational health services in Chapter 3 of the Working Environment Act (1977:1160) and amendments to section 9 of the Medical Care (Compensation) Act (1993:1651) and to section 9 of the Physiotherapy (Compensation) Act (1993:1652). The Government indicates that the purpose of these amendments is to elucidate the duty of the employer to provide occupational health services. Furthermore, they are aimed at refining the tasks of occupational health services and at clarifying the cooperation between occupational health services and the publicly financed medical care. Under the proposed new provision of the Work Environment Act, an employer shall be responsible for the occupational health services demanded by the prevailing working conditions. Moreover, occupational health services are taken to mean an independent expert resource in the fields of the working environment and rehabilitation. Occupational health services shall work specifically to prevent and eliminate health hazards in workplaces and shall have the competence to identify and describe connections between the working environment, organization, productivity and health. The Government had indicated that the amendments would take effect on 1 January 2000.

The Committee also notes that when the Government’s last report was received, the said amendments had not yet been discussed by the Riksdag, and that it had stated its difficulty in answering the Committee’s previous observation.

The Committee hopes the amendments have since been adopted and that the Government would be in a position to answer its previous comments, which read as follows:

Article 2 of the Convention.  Referring to its previous comments, the Committee notes the amendments to the national legislation and changes made in the funding system for occupational health care aimed at encouraging preventive activities under work environment policy. As to the Government’s control of occupational health care, the National Audit Bureau concluded that the steering effects of the state grant were weak, for example, in increasing the affiliation of small undertakings, and the Government consequently abolished the general grant for occupational health services as from January 1993. In the meantime, a special investigator was appointed to study the organization and funding of occupational health services, and recommended the abolition of public control on occupational health services. This recommendation was based on the support expressed by the labour market parties of collective agreements for a flexible and efficient adjustment of resources for work relating to the occupational environment and rehabilitation. The special investigator proposed that provisions for occupational health services be added to the Work Environment Act. Most of the authorities and organizations upon examination of the investigator’s report took the view that the question of occupational health services should be settled through collective bargaining. Agreements concerning occupational health care have been concluded in certain negotiating sectors. The Government intends to wait for the results of negotiations before deciding whether or not to introduce legislative amendments on the subject. In the Spring of 1993 a pilot study was undertaken by the National Board of Occupational Safety and Health in preparation of an ordinance relating to occupational health services.

The Committee also notes that the LO points out in its comments that since the cancellation in July 1992 of the Work Environment Agreement between the LO and the SAF that had governed the conditions applying to occupational health services in the private employment sector, such services have not been regulated by any collective agreements and that negotiations concerning a new agreement have been going on for more than two years.

The Committee further notes the comments by the SAF indicating that a significant number of agreements at the national federation level have been concluded and discussions are still in progress with several other federations. The main issue is the benefit that companies and employees derive from occupational health services. In conclusion, the SAF considers that, given the rules contained in the national legislation in the great majority of cases the employer cannot meet its responsibilities for the work environment and rehabilitation without assistance from occupational health services, and that no further legislation is needed for the implementation of the Convention.

The Committee hopes that the efforts undertaken by the Government in order to review the national policy on occupational health services will lead to a solution in the near future, in the light of national conditions and practice and in consultation with the most representative organizations of employers and workers. It requests the Government to indicate progress achieved in this respect.

Article 3, paragraph 1.  In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to promote occupational health services for all workers and to indicate the progress made in this regard.

The Government indicates that a new agreement on occupational health services, effective as of 1 July 1992, had been concluded by the National Agency for Government Employers (SAV) and the union organizations for the national government sector; that in a special agreement for the local government sector, concluded in May 1993, the parties referred to occupational health services as a possible resource within the work environment and rehabilitation sphere; and that a number of agreements have been concluded in the private sector. According to the Government, the special provision concerning the Occupational Health Services Delegation in the Standing Instructions of the National Board of Occupational Safety and Health was contained by more generally worded rules to the effect that the Board and the Labour Inspectorate are to observe and encourage the development of occupational health services. The Committee asks the Government to provide copy of the said text. The Committee also notes that a study undertaken jointly by the OHS sectoral organization and the labour market parties referred to by the LO in its comments pointed to the trend of a significant diminution in the staff of occupational health services and in the number of units.

The SAF indicates that the reasons for this reduction of occupational health services were the previous glut of these services, the decline in the number of employees in the country, the growth of corporate expenditure on these services and the threat posed to the status of medical care by the reforms introduced in primary care. In the opinion of the SAF, too much attention has been focused on the coverage rate of occupational health services solely in terms of the number of persons covered. The evaluation of the actual utilization of occupational health services by companies showed that, even among companies affiliated to these services, barely half regarded them as a major corporate resource; for this reason, the SAF thinks it important to distinguish between formal coverage and the value of occupational health services inputs.

The Committee hopes that the Government will continue to make efforts to develop progressively occupational health services for all workers. The Government is requested to provide information on the measures taken or envisaged in this respect.

The Committee hopes that the Government will take the necessary action in the very near future.

The Committee is addressing a request directly to the Government on other points.

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

The Committee notes the information supplied by the Government in its latest report. It notes the texts of the regulations that have been issued by the Swedish Radiation Protection Institute and published in the Code of Standards and Regulations of the Swedish Radiation Protection Institute from 1990 to 1994.

1. Article 3, paragraph 1, and Article 6, paragraph 2, of the Convention. (a) The Committee notes from the information provided in the Government's latest report that a revised regulation SSI FS ("Code of Standards and Regulations of the Swedish Protection Institute" issued by the Swedish Radiation Protection Institute) would come into force in January 1995 which applies to general work involving exposure to ionizing radiation, prescribes a limit on the effective dose equivalent to 100 mSv over five years consecutively and an additional restriction on the lifetime accumulated effective dose of 700 mSv.

(b) The Committee has also taken note of the approach that the Government has taken in respect of women engaged in radiation work. In its earlier direct request, the Committee noted paragraphs 8 and 14 of SSI FS 1989:1 which set forth that if no transfer to work where there is no ionizing radiation is made, the work must be planned in a manner to ensure that the dose equivalent to the foetus throughout the pregnancy does not exceed 5 mSv, and that it is unlikely that the dose equivalent to the foetus exceeds 0.5 mSv within any calendar month after the pregnancy has been ascertained. Referring to the Government's latest report, the Committee notes that paragraph 7 of the same regulation further provides that the working conditions for women of fertile age should ensure that the effective dose equivalent does not exceed 10 mSv for any period of two months. The Government's report indicates that, taken together, these regulations might well be considered to meet the recommendations of the ICRP in this matter. The Committee would draw the attention of the Government to paragraph 176 of the ICRP Recommendation 1990, where the ICRP noted that if a woman is, or may be, pregnant, additional controls have to be considered to protect the unborn child, considering that the conceptus is more prone than the post-natal individual to deterministic injuries caused by radiation and may be more sensitive to induction of later malignancies; and that deterministic effects in live-born child will not occur if the exposure of the mother does not exceed the dose limits now recommended for occupational exposure, regardless of the distribution of exposures in time (i.e. not to exceed 1 mSv per year and 2 mSv for the abdomen for the remainder of the pregnancy). The Committee would also mention that Directive 96/29/EURATOM, adopted in 1996, article 10, sets forth that "the conditions for the woman in the context of her employment shall [...] be such the equivalent dose to the child to be born will be as low as reasonably achievable and that it will be unlikely that this dose will exceed 1 mSv during at least the remainder of the pregnancy". In the light of these findings, the Committee requests the Government to consider an adjustment to its current regulations in this matter.

2. Article 8. The Committee notes that paragraph 16 of the SSI FS 1989:1 provides that the limit of the effective dose equivalent for the public (including non-radiation workers) is not to exceed 1 mSv per year, but may for individual years rise to 5mSv if the average throughout a lifetime is expected to be lower than 1 mSv per year. The Government indicated that in view of the small number of persons potentially affected by the regulation, the National Institute of Radiation Protection intended to await the outcome of the Basic Safety Standards of the IAEA and the EU before deciding on a revision. In view of the adoption, in 1996, of Directive 96/29/EURATOM, which sets the limits of the effective dose equivalent to members of the public at 1 mSv per year averaged over five consecutive years, with separate dose limits for the lens of the eye (15 mSv) and for the skin (50 mSv), the Committee would request the Government to indicate the steps taken or envisaged to adopt the dose limits as recommended in ICRP publication No. 60 and Directive 96/29/EURATOM.

3. Scope of emergency work. The Committee notes the information supplied by the Government relating to dose limits in an emergency situation under Swedish regulation, which is five times lower than that set by the ICRP, and that the Government has not considered it important to give a further strict definition that would cover any situation of "immediate and urgent remedial work". The Committee requests the Government to indicate if current measures ensure that exceptional exposure of workers in emergency situations is strictly limited in scope and duration to what is required to meet an acute danger to life and health; preclude situations wherein workers or other volunteers may be exposed to radiation for the purpose of rescuing items of high material value during emergency situations; and to ensure the necessary investments in robotized or other techniques of intervention aimed at minimizing exceptional exposure of workers.

4. Provision of alternative employment. The Committee notes the information provided by the Government that Swedish labour laws do not recognize the premature accumulation of the lifetime dose limit as a legal reason for dismissal and that it is unlikely that workers in such a situation would not be given alternative employment. The Committee also notes the information that the lifetime dose of 700 mSv remains and that it is most unlikely for workers within nuclear installations to be affected by this regulation. The Committee would, nevertheless, request the Government to indicate the measures or steps, if any, that workers can undertake to obtain suitable alternative employment in the unlikely event that they prematurely accumulate a lifetime dose of 700 mSv.

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

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 taken note with interest of the detailed information supplied by the Government in its report, including the reply to the previous direct requests. The Committee would appreciate it if copies of Ordinance AFS 1993:5 on Ventilation and Air Quality, Ordinance AFS 1993:7 on Measures against Air Contaminants (Amendment to Ordinance AFS 1980:11), and Ordinance AFS 1993:9 on Occupational Exposure Limit Values would be supplied with the next report.

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

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.

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

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 3, paragraph 1, of the Convention. In the previous comments, the Committee noted that 270,000 self-employed persons were denied access to occupational health services. The Committee notes that the provisions of the Work Environment Act, including its provisions on occupational health care, do not apply to this category of workers, with the result that there is a lack of statutory support for insisting that self-employed persons become affiliated to occupational health services. The Committee would recall that the Convention is aimed at all workers without any exclusion. The Government is requested to indicate general and particular measures taken or envisaged to extend the application of the appropriate national legislation to self-employed persons.

Article 10. 1. In the previous comments, the Committee concluded on the basis of the information provided by the Government that the personnel of occupational health services which had received state grants could enjoy professional independence. It requested the Government to indicate the number of occupational health services which were not in accordance with the guidelines of the work environment agreement between the labour market parties and by this reason did not receive such grants. As the Government has provided no information in reply on this point, it is again requested to indicate the number in question. If occupational health services of this last group are considered to be part of the overall coherent national policy called for in Article 2 of the Convention, the Government is requested to indicate the measures taken or envisaged to ensure that the personnel of these services enjoy professional independence.

2. The Committee notes that the question of professional independence (impartiality) of occupational health services personnel is dealt with in the agreements between the labour market parties. The Committee draws the attention of the Government to the fact that, in accordance with this provision of the Convention, it should guarantee such professional independence to the personnel from employers, workers and their representatives. The Government is requested to indicate the measures taken or envisaged to enable the personnel providing occupational health services to enjoy full professional independence.

Article 11. In the previous comments, the Committee noted that the qualifications of occupational health service personnel were to be published once the Occupational Health Services' Advisory Committee had reached agreement in this regard. The Government indicates that no public rules exist concerning the qualification required for different professional groups within occupational health services; and that quality and competence of the personnel can be ensured within an assurance system for occupational health services. The Government also indicates that the National Institute of Occupational Health is the main provider of personnel training in the occupational health-care sector. It has a training council whose task, in collaboration with the labour market parties, is to decide the content of this training. The Committee notes this information. It recalls that the competent authority should determine, in accordance with this provision of the Convention, the qualifications required for the personnel providing occupational health services. The Committee hopes that the qualifications in question for different professional groups will be determined by the competent authority in the near future.

Article 12. In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in accordance with this provision of the Convention. In reply, the Government indicates that compensation for medical care or other medical treatment of workers is provided in the context of national insurance. The Government is requested to indicate if the surveillance of workers' health in relation to work is completely free of charge and takes place as far as possible during working hours.

Articles 14 and 15. In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in conformity with these provisions of the Convention. In reply, the Government indicates that the need and scope of occupational health services are a matter for the labour market parties to decide. The Government is requested to indicate the manner, introduced by the labour market parties, in which the occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers' health, as well as of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

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

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.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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 the information provided in the Government's latest report. It notes new efforts undertaken with a view to promote occupational health services for all workers. It also notes the comments made by the Swedish Trade Union Confederation (LO) and the Swedish Employers' Confederation (SAF). Article 2 of the Convention. Referring to its previous comments, the Committee notes the amendments to the national legislation and changes made in the funding system for occupational health care aimed at encouraging preventive activities under work environment policy. As to the Government's control of occupational health care, the National Audit Bureau concluded that the steering effects of the state grant were weak, for example, in increasing the affiliation of small undertakings, and the Government consequently abolished the general grant for occupational health services as from January 1993. In the meantime, a special investigator was appointed to study the organization and funding of occupational health services, and recommended the abolition of public control on occupational health services. This recommendation was based on the support expressed by the labour market parties of collective agreements for a flexible and efficient adjustment of resources for work relating to the occupational environment and rehabilitation. The special investigator proposed that provisions for occupational health services be added to the Work Environment Act. Most of the authorities and organizations upon examination of the investigator's report took the view that the question of occupational health services should be settled through collective bargaining. Agreements concerning occupational health care have been concluded in certain negotiating sectors. The Government intends to wait for the results of negotiations before deciding whether or not to introduce legislative amendments on the subject. In the Spring of 1993 a pilot study was undertaken by the National Board of Occupational Safety and Health in preparation of an ordinance relating to occupational health services. The Committee also notes that the LO points out in its comments that since the cancellation in July 1992 of the Work Environment Agreement between the LO and the SAF that had governed the conditions applying to occupational health services in the private employment sector, such services have not been regulated by any collective agreements and that negotiations concerning a new agreement have been going on for more than two years. The Committee further notes the comments by the SAF indicating that a significant number of agreements at the national federation level have been concluded and discussions are still in progress with several other federations. The main issue is the benefit that companies and employees derive from occupational health services. In conclusion, the SAF considers that, given the rules contained in the national legislation in the great majority of cases the employer cannot meet its responsibilities for the work environment and rehabilitation without assistance from occupational health services, and that no further legislation is needed for the implementation of the Convention. The Committee hopes that the efforts undertaken by the Government in order to review the national policy on occupational health services will lead to a solution in the near future, in the light of national conditions and practice and in consultation with the most representative organizations of employers and workers. It requests the Government to indicate progress achieved in this respect. Article 3, paragraph 1. In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to promote occupational health services for all workers and to indicate the progress made in this regard. The Government indicates that a new agreement on occupational health services, effective as of 1 July 1992, had been concluded by the National Agency for Government Employers (SAV) and the union organizations for the national government sector; that in a special agreement for the local government sector, concluded in May 1993, the parties referred to occupational health services as a possible resource within the work environment and rehabilitation sphere; and that a number of agreements have been concluded in the private sector. According to the Government, the special provision concerning the Occupational Health Services Delegation in the Standing Instructions of the National Board of Occupational Safety and Health was contained by more generally worded rules to the effect that the Board and the Labour Inspectorate are to observe and encourage the development of occupational health services. The Committee asks the Government to provide copy of the said text. The Committee also notes that a study undertaken jointly by the OHS sectoral organization and the labour market parties referred to by the LO in its comments pointed to the trend of a significant diminution in the staff of occupational health services and in the number of units. The SAF indicates that the reasons for this reduction of occupational health services were the previous glut of these services, the decline in the number of employees in the country, the growth of corporate expenditure on these services and the threat posed to the status of medical care by the reforms introduced in primary care. In the opinion of the SAF, too much attention has been focused on the coverage rate of occupational health services solely in terms of the number of persons covered. The evaluation of the actual utilization of occupational health services by companies showed that, even among companies affiliated to these services, barely half regarded them as a major corporate resource; for this reason, the SAF thinks it important to distinguish between formal coverage and the value of occupational health services inputs. The Committee hopes that the Government will continue to make efforts to develop progressively occupational health services for all workers. The Government is requested to provide information on the measures taken or envisaged in this respect.

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

The Committee notes the information provided by the Government. It notes that certain ordinances, such as the Ordinance on Occupational Limit Values (1993) and the Asbestos Ordinance (1992), are currently being revised and that the Ordinance on Dangerous Substances has been revised and adopted in 1994. Furthermore, the Committee notes with interest that pursuant to the Chlorinated Solvents (Various) Ordinance the professional use of methylene chloride and trichloroethylene is prohibited after 1 January 1996.

Article 3 of the Convention. The Committee notes the Government's indication according to which the work regarding the computerization of the official register of the National Board of Occupational Safety and Health ("Board") into which all data concerning permits for the handling of carcinogenic substances issued by authority of the Occupational Exposure Limit Values Ordinance, as well as the permits issued by the Board under the Asbestos Ordinance, is still in progress. It also notes the Government's explanation that priority has been given to the registration of data concerning new permits. The Government is requested to continue to provide information on the measures taken to protect workers against the risks of exposure to carcinogenic substances.

Article 5. With reference to its previous comments in which the Committee requested the Government to indicate the measures taken to ensure that all workers exposed to all types of carcinogenic substances undergo medical examinations or biological or other tests or investigations during the period of employment and thereafter, since only workers exposed to asbestos were provided with medical examinations during their employment and workers previously exposed to asbestos were engaged in voluntary medical examinations. In its response the Government had indicated that the Board cannot make it obligatory for an employer to provide post-employment medical examinations. In its latest report, the Government indicates that according to its understanding of Article 5 of the Convention, medical examinations have the purpose to facilitate an assessment of exposure to carcinogenic substances and also to monitor the health status of persons exposed. Therefore, the Government refers to the general approach of Swedish policy in this area aiming to reduce workers' exposure to carcinogenic substances to the extent that no worker will risk in future to develop cancer from their working environment. Exposure to carcinogenic substances is monitored through a system of national registration in which all newly discovered cases of cancer are reported to the Swedish Cancer Register which are used as a basis for risk monitoring. The Government also points out that workers who have been exposed to asbestos and who are now retired or for any reason no longer exposed, are covered by the public medical system in terms of medical examination in the case that any symptoms of cancer may occur. Nevertheless, the Government indicated that the National Board of Occupational Safety and Health is drafting an ordinance on medical checks to indicate when such checks are appropriate and meaningful. The Committee would recall that the inclusion of obligatory post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after a worker has terminated the employment involving exposure. Further, the Committee would point out that, in order to ensure medical observation of all workers who have been exposed to all kinds of carcinogenic substances and also to ensure the discovery of cancer at the earliest stages, it cannot be left to the worker's decision whether he or she will undergo medical examinations under the public medical system. The Committee therefore expresses once again the hope that the Government will take the necessary measures to ensure that all workers exposed to carcinogenic substances are provided with medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Government is requested to indicate, in its next report, the progress made in this regard and to supply a copy of the ordinance on medical checks when it is adopted.

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

Article 30 of the Convention. The Committee notes with interest the Government's reply to its previous comments that had referred to the remarks made by the Swedish Trade Union Confederation (LO) regarding the need for inspection of personal protective equipment to rely on market control and the need for resources to be allotted to the authorities responsible for this in order to maintain a high standard of safety. The Government indicates that since 1 January 1994, it has incorporated EC Directive 89/686/EEC on personal protective equipment with its legislation through AFS 1993:11 Design of Personal Protective Equipment, revised through AFS 1996:7. The Directive requires national authorities to verify that the products of personal protection on the market satisfy the safety requirements of the Directive. The Government states that within the framework of inspection, a Nordic project has been conducted in which Swedish representatives acted as project leaders and all five Nordic countries took part. Various personal protective equipment were divided up between the different countries. The Committee notes the report of this activity from the Nordic Council of Ministers entitled Market control of personal protective equipment of 1997.

The Committee requests the Government, in its future reports, to continue to communicate information on the measures taken or envisaged to ensure the application of the Convention, including all necessary information on the application of the Convention in conformity with point VI of the report form (labour inspection reports, information on the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee takes note of the information provided in the Government's reports.

1. Article 1, paragraphs 1 and 4 (in relation to Articles 6(1), 7(1), 9(1), 10(1) and 10(2)) of the Convention. The Committee notes, from the Government's reports, that the national legislation giving effect to the above-mentioned provisions of the Convention only contains requirements in respect of hazardous chemicals and does not stipulate requirements related to other chemicals (not classified as hazardous). The Committee requests the Government to indicate the provisions dealing with the requirements regarding labelling and marking of all chemicals, the responsibilities of suppliers of chemicals, and of employers using chemicals at work and receiving chemicals that have not been labelled or marked.

2. The Committee has taken note of the comments formulated by the Swedish Trade Union Confederation (LO) according to which, in the nineties, there have become general deficiencies in the application of the existing laws and regulations as regards cooperation and training deficiencies which can ultimately undermine the validity of the provisions in the chemical sector and in work environment activities generally.

The Committee notes the Progress Reports "Responsible Care" of 1995 and 1997 which contain information on the results of the carrying-out of the programme introduced in 1991 with a view to ensure the chemical industry's commitment for continuous improvements in the areas of health, safety and the environment. It notes in particular that the training period for each employee, for 1994 and 1995, is equal to four days on average. The Committee would be grateful if the Government would communicate a copy of a sample programme for the training of employees and/or some publicity material concerning hazardous chemicals intended for use at work, whose use is recommended in Paragraph 22 of the Chemicals Recommendation, 1990 (No. 177).

3. The Committee has noted from the comments formulated by the Swedish Trade Union Confederation (LO) the allegations that provisions are lacking in the national legislation with respect to the requirement of Article 12(d) of the Convention to ensure that the records of monitoring of the working environment and of the exposure of workers using hazardous chemicals are kept, the only exception envisaged by the Act on Registration of Exposure to Carcinogenic Substances (AFS 1993:37). In its response, the Government refers to section 3 of the Work Environment Ordinance (SFS 1977:1166) which prescribes that written messages from the Labour Inspectorate concerning matters of safety and health and certificates or records of control, testing or examination as referred to in Chapter 4, sections 1 to 3 of the Working Environment Act, with other documents in this connection, shall be kept available by the employer for at least five years after their date of issue.

The Committee has taken due note of this response and requests the Government to communicate samples of the above-mentioned documentation (certificates or records of control).

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 3, paragraph 1, of the Convention. In its previous comments the Committee noted that under sections 40 and 41 of the Lead Ordinance of 1984 (AFS 1984:12) a woman worker under the age of 50 who undergoes periodic supervision shall be informed of the risks, due to exposure to lead, to the foetus in the event of pregnancy and shall report a confirmed pregnancy to the employer as soon as possible; such a worker, as well as a breast-feeding worker, shall not be employed in work involving lead. It also noted the provision of special maximum exposure limit values for lead in the atmosphere for women of childbearing age under the 1990 Occupational Exposure Limit Values Ordinance (AFS 1990:13). The Committee noted that the commentary to sections 40 and 41 indicated that the risk for the foetus is greatest in the earliest stage of pregnancy, when the pregnancy may not yet have been confirmed. Lead absorbed by the body is stored in particular in the skeleton, and the blood lead content falls only slowly during the months following the interruption of the exposure. The commentary concluded that it may, therefore, be important to interrupt exposure a long time prior to pregnancy.

The Committee notes the Government's information in its latest report that the National Board of Occupational Safety and Health has adopted a new Lead Ordinance in 1992 (AFS 1992:17) which supersedes the 1984 Ordinance. The Committee notes the explanations provided by the Government (Newsletter No. 1/93) that the biggest change entailed by the new provisions is a reduction of the maximum allowable concentration of lead in the bloodstream: the reason for the exposure restrictions is that lead is a harmful metal. It affects the nervous system and kidneys, but is also liable to cause foetal injuries if women are exposed to it during pregnancy; this is why the Board has decided to reduce the point at which employees have to be debarred from further exposure to lead at work; the special risk to women and embryos justifies a lower limit value for women of fertile age. The Committee notes that according to the new values no recurrent checks are stipulated for blood-lead content of below 0.8 micromol/l; six-monthly checks (but three checks at three-monthly intervals for first-time lead) for 0.8-1.5 content; suspension if three consecutive tests show concentration exceeding 1.2 (return to lead work when the concentration is less than 1.2); suspension if content above 1.5 (return to work when the concentration is less than 1.2).

The Committee notes with interest the authorities' recognition of the harmfulness of lead, in particular to the foetus, and the new blood-lead limit values. The Committee notes, however, that pregnant or nursing women may be employed in work involving the use of white lead since once the level of lead in their bloodstream is below 0.8 micromol/1 no recurrent checks are stipulated. Thus an unexpected change in the lead exposure could occur without the knowledge of the employer or the pregnant or nursing worker who might continue to be employed in a work process involving exposure to lead.

The Committee would recall once more that Article 3, paragraph 1, prohibits the employment of all females in painting work of an industrial character involving the use of white lead, etc., in order to protect women adequately from the risks due to exposure to lead and, in particular, its effect on their reproductive capacity. Referring to the Government's previous indication that employment prohibitions or special conditions referring to the gender of the employee were only to be considered when work was liable to entail gender-specific hazards, the Committee once more points out that it is possible to ensure equality of opportunity while still ensuring the application of this Article of the Convention by prohibiting all painting work of an industrial character involving the use of white lead. Such use has already been prohibited by some countries in the interest of safety and health at work and in the environment, as technically superior and safer pigments now exist. Such action would provide greater protection than the biological lead monitoring to which the Government refers in its report.

The Committee would again request the Government to provide information in its next report on the number of women actually employed in painting work involving the use of white lead and to indicate the measures taken or envisaged to ensure that the employment of women in such work is prohibited, in conformity with this Article of the Convention.

2. The Committee hopes that the Government will provide with its next report statistics on morbidity and mortality due to lead poisoning, as requested in the report form under Article 7 of the Convention and in the Committee's previous direct request.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee has taken note with interest of the detailed information supplied by the Government in its report, including the reply to the previous direct requests. The Committee would appreciate it if copies of Ordinance AFS 1993:5 on Ventilation and Air Quality, Ordinance AFS 1993:7 on Measures against Air Contaminants (Amendment to Ordinance AFS 1980:11), and Ordinance AFS 1993:9 on Occupational Exposure Limit Values would be supplied with the next report.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 3, paragraph 1, of the Convention. In the previous comments, the Committee noted that 270,000 self-employed persons were denied access to occupational health services. The Committee notes that the provisions of the Work Environment Act, including its provisions on occupational health care, do not apply to this category of workers, with the result that there is a lack of statutory support for insisting that self-employed persons become affiliated to occupational health services. The Committee would recall that the Convention is aimed at all workers without any exclusion. The Government is requested to indicate general and particular measures taken or envisaged to extend the application of the appropriate national legislation to self-employed persons.

Article 10. 1. In the previous comments, the Committee concluded on the basis of the information provided by the Government that the personnel of occupational health services which had received state grants could enjoy professional independence. It requested the Government to indicate the number of occupational health services which were not in accordance with the guidelines of the work environment agreement between the labour market parties and by this reason did not receive such grants. As the Government has provided no information in reply on this point, it is again requested to indicate the number in question. If occupational health services of this last group are considered to be part of the overall coherent national policy called for in Article 2 of the Convention, the Government is requested to indicate the measures taken or envisaged to ensure that the personnel of these services enjoy professional independence.

2. The Committee notes that the question of professional independence (impartiality) of occupational health services personnel is dealt with in the agreements between the labour market parties. The Committee draws the attention of the Government to the fact that, in accordance with this provision of the Convention, it should guarantee such professional independence to the personnel from employers, workers and their representatives. The Government is requested to indicate the measures taken or envisaged to enable the personnel providing occupational health services to enjoy full professional independence.

Article 11. In the previous comments, the Committee noted that the qualifications of occupational health service personnel were to be published once the Occupational Health Services' Advisory Committee had reached agreement in this regard. The Government indicates that no public rules exist concerning the qualification required for different professional groups within occupational health services; and that quality and competence of the personnel can be ensured within an assurance system for occupational health services. The Government also indicates that the National Institute of Occupational Health is the main provider of personnel training in the occupational health-care sector. It has a training council whose task, in collaboration with the labour market parties, is to decide the content of this training. The Committee notes this information. It recalls that the competent authority should determine, in accordance with this provision of the Convention, the qualifications required for the personnel providing occupational health services. The Committee hopes that the qualifications in question for different professional groups will be determined by the competent authority in the near future.

Article 12. In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in accordance with this provision of the Convention. In reply, the Government indicates that compensation for medical care or other medical treatment of workers is provided in the context of national insurance. The Government is requested to indicate if the surveillance of workers' health in relation to work is completely free of charge and takes place as far as possible during working hours.

Articles 14 and 15. In the previous comments, the Committee requested the Government to indicate measures taken or envisaged in conformity with these provisions of the Convention. In reply, the Government indicates that the need and scope of occupational health services are a matter for the labour market parties to decide. The Government is requested to indicate the manner, introduced by the labour market parties, in which the occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers' health, as well as of occurrences of ill health amongst workers and absence from work for health reasons, in order to be able to identify whether there is any relation between the reasons for ill health or absence and any health hazards which may be present at the workplace.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided in the Government's latest report. It notes new efforts undertaken with a view to promote occupational health services for all workers. It also notes the comments made by the Swedish Trade Union Confederation (LO) and the Swedish Employers' Confederation (SAF).

Article 2 of the Convention. Referring to its previous comments, the Committee notes the amendments to the national legislation and changes made in the funding system for occupational health care aimed at encouraging preventive activities under work environment policy. As to the Government's control of occupational health care, the National Audit Bureau concluded that the steering effects of the state grant were weak, for example, in increasing the affiliation of small undertakings, and the Government consequently abolished the general grant for occupational health services as from January 1993. In the meantime, a special investigator was appointed to study the organization and funding of occupational health services, and recommended the abolition of public control on occupational health services. This recommendation was based on the support expressed by the labour market parties of collective agreements for a flexible and efficient adjustment of resources for work relating to the occupational environment and rehabilitation. The special investigator proposed that provisions for occupational health services be added to the Work Environment Act. Most of the authorities and organizations upon examination of the investigator's report took the view that the question of occupational health services should be settled through collective bargaining. Agreements concerning occupational health care have been concluded in certain negotiating sectors. The Government intends to wait for the results of negotiations before deciding whether or not to introduce legislative amendments on the subject. In the Spring of 1993 a pilot study was undertaken by the National Board of Occupational Safety and Health in preparation of an ordinance relating to occupational health services.

The Committee also notes that the LO points out in its comments that since the cancellation in July 1992 of the Work Environment Agreement between the LO and the SAF that had governed the conditions applying to occupational health services in the private employment sector, such services have not been regulated by any collective agreements and that negotiations concerning a new agreement have been going on for more than two years.

The Committee further notes the comments by the SAF indicating that a significant number of agreements at the national federation level have been concluded and discussions are still in progress with several other federations. The main issue is the benefit that companies and employees derive from occupational health services. In conclusion, the SAF considers that, given the rules contained in the national legislation in the great majority of cases the employer cannot meet its responsibilities for the work environment and rehabilitation without assistance from occupational health services, and that no further legislation is needed for the implementation of the Convention.

The Committee hopes that the efforts undertaken by the Government in order to review the national policy on occupational health services will lead to a solution in the near future, in the light of national conditions and practice and in consultation with the most representative organizations of employers and workers. It requests the Government to indicate progress achieved in this respect.

Article 3, paragraph 1. In its previous comments, the Committee requested the Government to provide information on the measures taken or contemplated to promote occupational health services for all workers and to indicate the progress made in this regard.

The Government indicates that a new agreement on occupational health services, effective as of 1 July 1992, had been concluded by the National Agency for Government Employers (SAV) and the union organizations for the national government sector; that in a special agreement for the local government sector, concluded in May 1993, the parties referred to occupational health services as a possible resource within the work environment and rehabilitation sphere; and that a number of agreements have been concluded in the private sector. According to the Government, the special provision concerning the Occupational Health Services Delegation in the Standing Instructions of the National Board of Occupational Safety and Health was contained by more generally-worded rules to the effect that the Board and the Labour Inspectorate are to observe and encourage the development of occupational health services. The Committee asks the Government to provide copy of the said text. The Committee also notes that a study undertaken jointly by the OHS sectoral organization and the labour market parties referred to by the LO in its comments pointed to the trend of a significant diminution in the staff of occupational health services and in the number of units.

The SAF indicates that the reasons for this reduction of occupational health services were the previous glut of these services, the decline in the number of employees in the country, the growth of corporate expenditure on these services and the threat posed to the status of medical care by the reforms introduced in primary care. In the opinion of the SAF, too much attention has ben focused on the coverage rate of occupational health services solely in terms of the number of persons covered. The evaluation of the actual utilization of occupational health services by companies showed that, even among companies affiliated to these services, barely half regarded them as a major corporate resource; for this reason, the SAF thinks it important to distinguish between formal coverage and the value of occupational health services inputs.

The Committee hopes that the Government will continue to make efforts to develop progressively occupational health services for all workers. The Government is requested to provide information on the measures taken or envisaged in this respect.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee has taken note of the information provided by the Government in its report.

The Committee has also taken note of the comments formulated by the Swedish Trade Union Confederation (LO) relating to certain points in the Government's report and in particular to the information provided under Article 30 of the Convention. The Confederation considers that the inspection of personal protective equipment has also to rely on market control and that the extent to which a high standard of safety can be maintained depends on the resources allotted for this purpose to the authorities responsible. The Committee asks the Government to supply information on practical application of the provisions giving effect to this Article of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

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.

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

I. he Committee notes the information provided in the Government's report in reply to its general observation of 1987 and the adoption of the Radiation Protection Act of 19 May 1988 (1988:220) and the Radiation Protection Ordinance (1988:293) and the Regulations of the State Radiation Institute respecting dose limits for work with ionizing radiation of 17 March 1989 (SSI FS 1989:1).

II. The Committee would refer the Government to its general observation of 1992 under this Convention which sets forth the latest recommendations made by the International Commission on Radiological Protection (ICRP) concerning exposure to ionizing radiations (Publication No. 60 of 1990) and requests the Government to provide further information on the following points.

1. Article 3, paragraph 1, and Article 6, paragraph 2

(a) The Committee notes that Regulation 6 of SSI FS 1989:1 sets forth dose limits for persons in work involving exposure to ionizing radiations equivalent to the 1977 recommendations of the ICRP (i.e. 50 mSv per year). Paragraph 11 of the general observation of 1992 under this Convention sets forth the latest recommendations made by the ICRP in 1990 concerning dose limits for occupational exposure to ionizing radiation. The ICRP now recommends a limit on the effective dose of 20 mSv per year, averaged over five years (100 mSv in five years), but not to exceed 50 mSv in any single year. The Government is requested to indicate in its next report the steps taken or envisaged to amend the dose limits for occupational exposure to ionizing radiation in the light of the current knowledge as reflected in the 1990 ICRP Recommendations.

(b) The Committee would refer the Government to paragraph 13 of the general observation concerning dose limits for pregnant women. It notes with interest that Regulations 8 and 14 of 1989:1 grant pregnant women the right to be transferred to work where there is no ionizing radiation for the remainder of their pregnancy. It further notes paragraph 2 of Regulation 8 provides that the work of pregnant women who are not transferred must be planned in a manner to ensure that the dose equivalent to the foetus throughout the pregnancy does not exceed 5 mSv and that it is unlikely that the dose equivalent to the foetus exceeds 0.5 mSv within any calendar month after the pregnancy has been ascertained. In its latest recommendations, the ICRP has concluded that women who may be pregnant should be provided with a standard of protection for any unborn child broadly comparable with that provided for members of the general public (i.e. effective dose not to exceed 1 mSv per year) and that the equivalent dose limit to the surface of the woman's abdomen should not exceed 2 mSv for the remainder of the pregnancy. The Government is requested to indicate the steps taken or envisaged to ensure effective protection of pregnant women who are not transferred to work not involving exposure to ionizing radiations in the light of the current knowledge as reflected in the latest ICRP recommendations.

2. Article 8. The Committee would refer the Government to paragraph 14 which indicates that the dose limits for non-radiation workers should be equivalent to those set for members of the general public (now recommended by the ICRP to be 1 mSv per year averaged over any five consecutive years and 15 mSv for the lens of the eye). The Committee notes that in Appendix 2 of SSI FS 1989:1 it is indicated that, in general (in contrast with persons employed in activities involving exposure to ionizing radiation), the effective dose limit is 1 mSv. It further notes that Regulation 16 provides that the effective dose equivalent for the public should not exceed 1 mSv per year, but that in individual years, may rise to 5 mSv if the average throughout a lifetime is expected to be lower than 1 mSv per year. Furthermore, the dose equivalent set for the lens of the eye in this Regulation corresponds to the 1977 ICRP recommendations (i.e. 50 mSv). The Goverment is requested to indicate whether the dose limits for the general public are indeed also applicable to persons working in enterprises involving exposure to ionizing radiation but not directly engaged in radiation work and to indicate the steps taken or envisaged to ensure that non-radiation workers are not exposed to ionizing radiation in excess of 1 mSv per year averaged over any five consecutive years and to dose equivalents for the lens of the eye in excess of 15 mSv.

III. The Committee would refer the Government to paragraphs 28 to 34 of its general observation concerning the provision of alternative employment. It notes that section 17 of the Radiation Protection Act provides that the performance of certain types of work involving special risks with respect to radiation protection for certain employees may be prohibited for such employees. Under section 18, paragraph 2, a person whose medical examination indicates that he or she runs a special risk of injury if exposed to ionizing radiations may not be employed in work involving such exposure without the permission of the Government or authority empowered by the Government. Furthermore, Regulation 6 of SSI FS 1989:1 sets a dose equivalent limit at 180 mSv for a thirty-year old and 700 mSv for a lifetime. The Government is requested to indicate whether any steps have been taken by means of legislation or in practice to ensure alternative employment opportunities not involving exposure to ionizing radiations for workers having accumulated an effective dose beyond which detriment considered unacceptable is to arise.

IV. The Committee would refer the Government to paragraphs 16 to 27 of its general observation concerning the limitation of occupational exposure during and after an emergency. It notes that Regulation 13 of SSI FS 1989:1 permits exposure, on a voluntary basis, to radiation in excess of twice the annual dose limits in cases of serious emergency. The radiation is, however, to be limited as much as possible, having regard to the purpose of the action. The Government is requested to indicate in its next report the measures taken with respect to the matters raised in paragraph 35(c) of its general observation, in particular as concerns the strict definition of circumstances in which exceptional exposure of workers, exceeding the normally tolerated dose limit, is to be allowed for "immediate and urgent remedial work".

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. Article 3, paragraph 1 of the Convention. The Committee notes the information provided by the Government in reply to its previous direct request. The Government has indicated that the National Board of Occupational Safety and Health has not supervised the way in which women under 50 years of age have been informed of the risks which lead implies to expectant mothers, nor has it verified that women working with lead actually report their pregnancy to the employer. The Government has further indicated that, at the regional level, the Labour Inspectorate keeps these matters under observation in the course of inspection visits and through its regional registers of workers exposed to lead. Finally, the Government has indicated that it was very uncommon for women to be employed for work entailing substantial exposure to lead.

The Committee notes that under sections 40 and 41 of the Lead Ordinance (AFS 1984:12), every female worker under the age of 50 who undergoes periodic supervision shall be informed of the risks, due to exposure to lead, to the foetus in the event of pregnancy and that such workers shall report a confirmed pregnancy to the employer as soon as possible. Furthermore, under section 41, a female worker who is periodically supervised, and who is pregnant or breastfeeding a child and has reported this to the employer, shall not be employed in work involving lead. The Committee notes from the official commentary to these sections that this Ordinance provides a special lower maximum exposure value to lead, recommended by the World Health Organization, for women of childbearing age, to both sexes alike. Furthermore, the official commentary to section 40 states that, in order to minimise the risk of damage to the foetus, it is essential that information on these questions receive the closest attention in the undertakings.

The Committee has, however, noted from information coming from the Council of Europe that medical examinations are no longer provided for women, even if they become pregnant or are nursing, for whom three consecutive blood specimens show lead concentrations in the bloodstream less than 1 micromol/1 because the exposure is so slight in these cases that it does not present any hazard to the health of the embryo and that, accordingly, women who are not still under medical lead supervision do not need to notify the employer of their pregnancy. It was noted that this approach presupposed that lead exposure had not been increased by a change in production or in the working method used at the workplace and, in doubtful cases, renewed blood specimens would be taken.

The commentary on sections 40 and 41 of the Lead Ordinance indicate that the risk to the foetus is greatest in the earliest stage of pregnancy, when the pregnancy may not yet have been confirmed. Lead absorbed by the body is stored, inter alia, in the skeleton and the blood lead content falls only slowly during the months following the interruption of exposure. The commentary concludes that it may, therefore, be important to interrupt exposure a long time before pregnancy can materialise.

In its previous comments, the Committee had noted the Government's explanation that the prohibition of the employment of women in painting work involving the use of white lead had been repealed because the Government considered it to be essential that neither women nor men should be unnecessarily impeded from access to work, and employment prohibitions or special conditions referring to the gender of the employee were only to be considered when work was liable to entail gender-specific hazards. The Committee would note that, under the existing legislation, it would appear that pregnant or nursing women may be employed in work involving the use of white lead since, once the level of lead in their bloodstream is below 1 micromol/1 in three consecutive tests, according to the Government, further medical examinations are no longer provided and, as a consequence, there is no longer a requirement to inform the employer of a pregnancy. Thus, an unexpected change in the lead exposure could occur without the knowledge of the employer or the pregnant or nursing worker who may continue to be employed in work processes involving exposure to lead.

The Committee would recall that Article 3, paragraph 1 prohibits the employment of all females in painting work of an industrial character involving the use of white lead, etc., in order to protect women adequately from the risks due to exposure to lead and, in particular, its effect on their reproductive capacity. The Committee would point out that it is possible to ensure equality of opportunity while still ensuring the application of this Article of the Convention by prohibiting all painting work of an industrial character involving the use of white lead. The use of white lead in painting work has already been prohibited by some countries in the interest of safety and health at work and in the environment, as technically superior and safer pigments now exist. In this regard, the Committee would note that, in its report for the period 1 July 1974 to 30 June 1976, the Government had indicated that, in practice, white lead, sulphate of lead and other products containing these pigments were no longer used for painting purposes.

The Government is requested to provide information in its next report on the number of women actually employed in painting work involving the use of white lead and to indicate the measures taken or envisaged to ensure that the employment of women in such work is prohibited, in conformity with this Article of the Convention.

II. The Committee notes that the Government has not supplied any statistics concerning lead poisoning among working painters for a number of years, as requested in the report form under Article 7 of the Convention. The Government is, therefore, requested to provide statistics on morbidity and mortality due to lead poisoning in its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied in the Government's report in reply to its previous direct request.

Article 3 of the Convention. The Committee notes with interest the information provided by the Government concerning the computerisation of the official register of the National Board of Occupational Safety and Health (the "Board") into which all data concerning permits for the handling of carcinogenic substances issued by authority of the Occupational Exposure Limit Values Ordinance, as well as the permits issued by the Board under the Asbestos Ordinance, are entered. It further notes that measures are being taken to develop this database so that all previous manual records can also be entered into the computerised register. The Government has also indicated in its report that the Board has begun drafting special Ordinances on work with carcinogenic substances which will take into account the provisions of this Article of the Convention. The Government is requested to continue to provide information on the measures taken to protect workers against the risks of exposure to carcinogenic substances and to communicate copies of these special ordinances once they are adopted.

Article 5. In its previous comments, the Committee had noted that only workers exposed to asbestos were provided with medical examinations during their employment and that workers previously exposed to asbestos were engaged in voluntary medical examinations. The Committee had requested the Government to indicate the measures taken to ensure that all workers exposed to all types of carcinogenic substances undergo medical examinations or biological or other tests or investigations during the period of employment and thereafter. The Government has indicated, in its latest report, that the provisions of this Article would be taken into account in the draft special Ordinances on work with carcinogenic substances. The Government has also indicated, however, that the Board cannot make it obligatory for an employer to provide post-employment medical examinations. The Committee would recall that the inclusion of post-employment medical examinations, as necessary, to evaluate the exposure to carcinogenic substances and to supervise the state of health of the worker in relation to the occupational hazards was intended to respond to the not uncommon situation wherein the cancer is not detected until after a worker has terminated the employment involving exposure. The Committee, therefore, hopes that the Government will take the necessary measures to ensure that (whether by the employer or by the State) all workers exposed to carcinogenic substances are provided with medical examinations or biological or other tests or investigations during the period of employment and thereafter as are necessary to evaluate their exposure and supervise their state of health in relation to the occupational hazards. The Government is requested to indicate in its next report the progress made in this regard.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

I. The Committee notes with interest the information provided in the Government's latest report concerning the report made by the occupational health care programme of the Swedish Work Environment Fund set up to review the 1986 reform of occupational health services, in accordance with Article 2 of the Convention. It further notes with interest the efforts undertaken to develop progressively occupational health services for all workers (Article 3). The Government is requested to provide further details in this regard on the following points:

1. The Committee notes the information provided by the Government that there has been an increase from 75 to 80 per cent in the total number of employees with access to occupational health services and that, in order to promote occupational health services for small businesses with fewer than 20 employees, the Riksdag resolution has heavily increased the special grant payable to these small enterprises for affiliation. The Government has also indicated in its report that occupational health services need to adapt their amenities to the needs of small businesses, which in turn calls for flexible solutions. Section 2 of Chapter 3 of the Working Environment Act as amended (No. 677/91 of 30 May 1991) provides that "(i)f the working conditions so require, the employer shall make arrangements for an occupational health service to the extent required by the activity"; section 2(a) places the primary responsibility on the employer for systematic planning, direction and control of activities in such a way that the working environment fulfils the requirements of the Act and the regulations issued thereunder. The Committee would recall that, under Article 1 of the Convention, the role of occupational health services is to advise the employer, the workers and their representatives in the undertaking on (i) the requirements for establishing and maintaining a safe and healthy working environment which will facilitate optimal physical and mental health in relation to work and; (ii) the adaptation of work to the capabilities of workers in the light of their state of physical and mental health; the functions of occupational health services are to be carried out without prejudice to the responsibility of each employer for the health and safety of his or her employees. Occupational health services do not depend therefore on the working conditions or the activities involved, but are a necessary component to the optimisation of the physical and mental health of workers in relation to their work. The Government is, therefore, requested to continue to provide information on the measures taken or envisaged to promote occupational health services for all workers, including those in small businesses with fewer than 20 people and to communicate the progress made in this regard.

2. In its previous comment, the Committee had noted that 270,000 self-employed are denied access to occupational health services. As the Government did not provide any information on this point in its latest1report, it is again requested to indicate the measures taken or envisaged to facilitate access for the self-employed to occupational health services and any results of the Government's endeavors in this regard.

II. Article 10. The Committee takes note of the Government's indication in reply to its previous comments that practically all occupational health care conducted in accordance with the guidelines of the work environment agreement between the labour market parties qualifies for State grants and, therefore, the personnel in those services enjoy professional independence. The Government states that occupational health services not receiving such grants are not regarded as occupational health services in the sense of the agreements. The Government is requested to indicate the number of occupational health services which exist in the private sector and are not in accordance with the guidelines of the work environment agreement and to specify whether such services were taken into account when the Government indicated in its report that 80 per cent of all employees have access to occupational health services. If indeed such occupational health services are considered to be part of the overall coherent national policy called for in Article 2 of the Convention, the Government is requested to indicate the measures taken or envisaged to ensure that the personnel of these services enjoy professional independence.

III. Article 11. In its previous comments, the Committee had noted that, according to the Government's report, the qualifications of occupational health service personnel were to be published once the Occupational Health Services' Advisory Committee had reached agreement in this regard. In its latest report, the Government indicates that no public rules exist concerning the qualifications required for different professional groups within occupational health services, but that personnel in services receiving State grants must be trained in occupational health care generally. The Government is requested to indicate whether the Occupational Health Services' Advisory Committee is still considering the elaboration of qualifications required for occupational health service personnel and to indicate the measures taken or envisaged to determine the qualifications required for such personnel according to the nature of the duties performed.

IV. As the Government has provided no information in reply to the Committee's previous comment under Article 12 of the Convention, it is again requested to indicate the measures taken or envisaged to ensure that surveillance of workers' health in relation to their work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.

V. Articles 14 and 15. The Committee notes the information provided by the Government in reply to its previous comment that the safety committee of each enterprise takes part in the planning of activities relating to the working environment and rehabilitation and shall deal with questions relating to occupational health services and that occupational health services with the new function of advisory expert shall collaborate closely with company management, supervisory personnel, employees and local union organisations. The Government further indicates that the Grants Ordinance requires occupational health services to play an active part in local work environment policy activities and that occupational health service personnel usually attend safety committee meetings. The Government is requested to indicate the measures taken or envisaged to ensure that occupational health services are informed of any known factors and any suspected factors in the working environment which may affect the workers' health, as well as of occurrences of ill health amongst workers and of absence from work for health reasons, so that these services may carry out their functions of monitoring the working environment as it affects workers' health and of monitoring workers' health in relation to work more effectively.

VI. The Government is requested to provide a copy of the agreement on occupational health services concluded in 1991 between the parties in the national government sector.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with interest the information provided by the Government in its first report. The Government is requested to provide further inforamtion in its next report on the following points:

1. Article 20, paragraphs 2, 3 and 4, of the Convention. The Committee notes from the indication in the Government's report that there are no special stipulations concerning periodic measurement of the asbestos in the workplace nor with regard to the maintenance of monitoring records. It notes, however, the Government's indication that the National Board of Occupational Safety and Health keeps an internal register of all monitoring reports received. The Committee would recall that this Article of the Convention provides that records of the monitoring of the working environment and of the exposure of workers to asbestos shall be kept for a period prescribed by the competent authority and that the workers concerned, their representatives and the inspection services shall have access to these records. The Government is requested to indicate whether the employer is required to transmit all monitoring reports to the National Board of Occupational Safety and Health and, if not, to indicate the manner in which it is ensured that records of the monitoring of the working environment in respect of asbestos are maintained and to indicate the period of time for which they must be kept. The Government is also requested to indicate the measures taken or envisaged to ensure that workers concerned and their representatives have access to these records. Finally, the Government is requested to indicate the measures taken to ensure that workers or their representatives have the right to request the monitoring of the working environment and to indicate the competent authority to which they can appeal concerning the results of the monitoring.

2. Article 22, paragraph 2. The Committee has noted from the Government's report that a detailed training programme with respect to asbestos is being worked out jointly by the social partners and that programmes concerning special information on the properties, health effects and occurrence of asbsetos which are to be provided to all persons doing demolition work in buildings or on board ships are also being jointly worked out. The Government is requested to indicate, in its next report, the progress made in this regard.

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

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.

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

The Committee notes with interest that the National Board of Occupational Safety and Health has issued Ordinance AFS 1986:15 on Noise. The Government is requested to provide further information on the following points:

Article 8 of the Convention. In its report for 1986, the Government indicated that the regulations of the National Administration of Shipping and Navigation concerning hygienic limit values were based on the Directions issued by the National Board of Occupational Safety and Health. The Government further stated that, as these Directions have been replaced by a new Ordinance on Hygienic Limit Values (AFS 1984:5), the National Administration of Shipping and Navigation regulations were being revised so as accurately to reflect the provisions of the new Ordinance. In its latest report, the Government has indicated that the Ordinance on Hygienic Limit Values has again been revised by Ordinances AFS 1987:12 and AFS 1989:4 on Occupational Exposure Limit Values. The Government is requested to indicate whether the provisions of these new Ordinances have been reflected in the National Administration of Shipping and Navigation regulations and, if so, to supply a copy of the new regulations. The Government is also requested to supply copies of Ordinance AFS 1987:12 and Ordinance AFS 1989:4 in its next report.

The Committee notes that the General Recommendations concerning the application of Ordinance AFS 1986:7 on vibrations from hand-held machines does not provide for any exposure limits to be set. The Committee would recall that Chapter 6 of the ILO Code of Practice on Protection of Workers Against Noise and Vibration in the Working Environment states that vibration limits should be set and reviewed from time to time in the light of new scientific knowledge, technical progress and possibilities of prevention. In this regard, the Government is referred to the ISO Standards for Mechanical Vibration - Guidelines for the Measurement and the Assessment of Human Exposure to Hand-Transmitted Vibration (ISO No. 5349 of 1986). The Government is requested to indicate the measures taken or envisaged to specify exposure limits concerning vibrations.

Article 12. The Committee has noted that Ordinance AFS 1986:7 does not contain provisions specifying the processes, substances, machinery and equipment involving exposure of workers to vibration which must be notified to the competent authority. The Government is requested to indicate the measures taken or envisaged to specify the processes, substances, machinery and equipment involving exposure to vibrations, the use of which shall be notified to the competent authority.

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

The Committee has noted with interest the Government's first and second reports on the application of the Convention. It requests the Government to supply in its next report additional information on the following points:

Article 2 of the Convention. The Committee notes with interest the establishment of the occupational health care programme of the Swedish Work Environment Fund in order, inter alia, to support the development of occupational health services, their organisation and working routines. It requests the Government to continue to provide information on the measures taken to implement and review the coherent national policy on occupational health services.

Article 3, paragraph 1. The Committee notes the efforts made by the Government to provide occupational health services to all employees. It further notes that, although at present at least 75 per cent of all employees have access to occupational health services, few small businesses (under 20 employees) are affiliated to occupational health services and, furthermore, 270,000 self-employed are denied this access. It notes from the Government's latest report that a study group has been appointed to propose amended regulations and new forms of organisation aimed at encouraging the affiliation of small businesses. The Committee requests the Government to indicate any proposals made by the study group in this regard and to indicate the plans envisaged to promote access to occupational health services for the self-employed and the results of the Government's endeavours in this regard.

Article 10. The Committee notes that occupational health service personnel in the public sector, as well as the personnel working in those occupational health services in the private sector funded by state grants, enjoy professional independence. It requests the Government to indicate the measures taken to ensure that personnel of occupational health services in the private sector which are not funded by state grants also enjoy professional independence.

Article 11. The Committee notes from the Government's latest report that the qualifications of occupational health service personnel are to be published, but the Occupational Health Services' Advisory Committee has not yet reached any agreement on how this is to be done. The Government is requested to indicate the progress made in this regard and to supply a copy of the required qualifications once they have been published.

Article 12. The Committee requests the Government to indicate the measures taken or envisaged to ensure that surveillance of workers' health in relation to their work involves no loss of earnings for them, is free of charge and takes place as far as possible during working hours.

Article 14. The Committee notes that, in practice, occupational health services are generally informed of factors in the workplace which may affect the workers' health. It requests the Government to indicate the measures taken or envisaged to ensure that the occupational health services are provided with this information.

Article 15. The Committee notes that, in practice, occupational health services are generally informed of occurrences of ill health amongst workers. It requests the Government to indicate the measures taken or envisaged to ensure that this information is communicated to the occupational health services so that they might identify whether there is any relation between the reasons of ill health and any health hazards which may be present at the workplace.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 3, paragraph 1, of the Convention. The Committee notes the Government's explanations, in reply to its direct request of 1984, concerning the reasons why the prohibition on employing women in painting work involving the use of lead paint has been removed from the national legislation. The Government states that from the Swedish view of entitlement to work, it is essential that neither women nor men should be unnecessarily impeded from access to work and employment prohibitions or special conditions referring to the gender of the employee are only to be considered when work is liable to entail gender-specific hazards. Accordingly, special provisions were included in the 1984 ordinance on lead (AFS 1984:12), which lays down that female employees under 50 are to be informed of the hazards to the employee in the event of pregnancy, requires a female employee to notify the employer of her pregnancy without delay and prohibits employment or work involving the use of lead for female employees who are pregnant or who are nursing and have reported the fact to the employer.

In this connection, the Committee refers to paragraphs 62 to 66 of its general report. It requests the Government to provide information on the practical application of the above provisions and a copy of Ordinance AFS 1984:12 in its next report.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information supplied in the Government's report, in reply to its previous direct request.

Article 3 of the Convention. The Committee notes that the information obtained in connection with the permits required for the handling of group A and B substances, under the Hygienic Limit Values Ordinance, AFS 1984:5, continues to be recorded manually at the National Board of Occupational Safety and Health, but that preparations are in progress for the introduction of a computerised system. The Committee hopes that the operation of the computerised system will enable the Government to assemble, in a comprehensive system of records, the different procedures for recording data concerning exposure to carcinogic substances.

Article 5. The Committee notes that the National Board of Occupational Safety and Health, acting in association with the National Board of Health and Welfare, is currently engaged in a voluntary medical examination of persons previously exposed to asbestos. The Committee would once again draw the Government's attention to the need to take measures in conformity with this Article of the Convention to ensure that all workers exposed to all types of carcinogic substances contained in the Hygienic Limit Values Ordinance, AFS 1984:5 undergo medical examinations or biological or other tests or investigations during the period of employment and thereafter in so far as these are necessary to supervise their state of health as concerns occupational hazards. It hopes the Government will make every effort to take the above mentioned measures in the near future and that it will be able to indicate the progress made in this respect in its next report.