Solicitud directa (CEACR) - Adopción: 1999, Publicación: 88ª reunión CIT (2000)

Convenio sobre seguridad y salud de los trabajadores, 1981 (núm. 155) - Finlandia (Ratificación : 1985)

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

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

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

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

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

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