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

Medical Examination of Young Persons (Underground Work) Convention, 1965 (No. 124) - Finland (Ratification: 1968)

The Committee notes the joint observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK) and the Confederation of Unions for Academic Professionals in Finland (Akava) received with the Government’s report.

Article 2(1). Medical examination for fitness for employment and periodic re-examinations required for persons under 21 years of age in underground work. The Committee notes, from the joint observations of SAK, STTK and Akava, the indication that the legislation in relation to underground work: (1) does not protect all young workers under the age of 21 years; (2) does not require the initial medical examination for fitness for employment to take place before the start of the work; and (3) does not require that re-examinations take place at intervals of not more than one year, but instead may be carried out significantly less frequently than annually.

In this regard, the Committee takes note of Government Decree on Medical Examinations in Work that Presents a Special Risk of Illness (No. 1485/2001), which lays down the employer’s obligation to arrange medical examinations, at his own expense, for employees or other persons whose work presents a special risk of illness. The Committee notes that: (1) although the Decree does not provide for specific measures regarding young persons under the age of 21 years, it applies to all persons in work containing a special risk of illness, so persons aged 18 to 20 years are covered (section 1); (2) an initial examination shall be performed prior to the start of the work that presents a special risk of illness, and in any event, no later than one month after the start of the work (section 4(2)); and (3) a periodic examination shall be repeated, normally at intervals of one to three years unless there are special reasons for performing examinations more often or unless otherwise arising from a labour protection authority order (section 4(3)). The Committee requests the Government to provide information on the measures taken or envisaged to ensure that workers under the age of 21 years who engage in underground work undergo: (i) a thorough medical examination for fitness for employment prior to starting work; and (ii) periodic re-examinations for fitness for employment at intervals of not more than one year.

Article 3(2). Mandatory X-ray examination of the lungs. The Committee notes, from the joint observations of SAK, STTK and Akava, the indication that, although the requirement of conducting an X-ray examination for the initial medical examination may be based on outdated technology, it is essential that the worker’s state of health be monitored with sufficient precision using up-to-date medical instruments and methods at least annually, but that there is no legal obligation to do so in Finland.

The Committee notes, in this regard, that Government Decree on Medical Examinations in Work that Presents a Special Risk of Illness sets out the aims of the medical examinations but does not specify what they should cover. It notes, from the Government’s previous report, dated 2016, that the Guidebook on Medical Examinations in Occupational Health Care contains detailed instructions on the contents of medical examinations, including specific requirements for mining work (for those who are exposed to rock dust). These instructions provide that: (1) on the initial medical examination, special attention must be paid to the state of respiratory organs and the examination must include a lung radiography; and (2) on periodic re-examinations, the content is the same as that of the initial medical examination but that “an AP image is sufficient for the lung X-ray”. The Committee requests the Government to respond to the joint observations of SAK, STTK and Akava, including by: (i) indicating if the Guidebook on Medical Examinations in Occupational Health Care is merely a guide or if it sets out a legal obligation, specifically with regard to the requirement of an X-ray of the lungs for mining work; and (ii) providing a copy of the Guidebook or any other legislation or regulations which complies with the requirements of Article 3(2) of the Convention.

Article 4(2), (4) and (5). Appropriate inspection services and keeping of records. The Committee notes that SAK, STTK and Akava, in their joint observations, allege that the appropriate inspections (Article 4(2) of the Convention) are not being undertaken and the right of the employee representative (in practice, the occupational safety and health representative) to access information (Article 4(5) of the Convention) is not being realized. The Committee requests the Government to provide its comments in this regard.