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.