Observación (CEACR) - Adopción: 2010, Publicación: 100ª reunión CIT (2011)

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

The Committee notes the information provided regarding effect given to Articles 5(e), 19(a) and (b), of the Convention, and Articles 1(a) and (d), 3(a), 4(a) and 7, of the Protocol. It notes with interest the detailed statistical information provided, which is examined below. The Committee further notes the observations from the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK), the Confederation of Unions for Professionals and Managerial Staff in Finland (AKAVA), the Union of Professional Social Workers Talentia, the Commission for Local Authority Employers (KT) and the State Employer’s Office (VTML) included in the Government’s report.

Article 4 of the Convention. National policy. With reference to its previous comments, the Committee notes the Government’s response stating that the development of occupational health care is based on the Council of State’s Decision-in-Principle “Occupational Health 2015 – Development Strategy for Occupational Health Care”. This document sets out a detailed policy for most aspects of occupational health care. The Committee also notes the information provided regarding the practical aspects of the 1998–2007 policy related to occupational health in the report on the Occupational Safety and Health Strategy 1998–2007 made available to the Committee. The Committee requests the Government to continue to provide information on the continuous process of formulating, implementing and periodically updating the national policy on OSH in the country.

Article 9. System of inspection. The Committee notes the comments of AKAVA in regard to the implementation of the inspection system that reductions have been made in resources of the OSH authorities, and its particular concern over the insufficiency of supervision and expertise with regard to the mental health aspect of OSH services. The Committee also notes AKAVA’s suggestions that, instead of resource reduction, additional resources targeted at risk monitoring are required. Noting that the Government does not address these issues in its report, the Committee asks the Government to respond to AKAVA’s comments in its next report.

Articles 13 and 19(f). Protection of workers removed from situations presenting an imminent and serious danger. The Committee notes the comments raised by the Union of Professional Social Workers Talentia expresses concerns over the ambiguity of national legislation and regulations especially in regard to workers who need to go to clients’ homes on house calls alone or face clients, if they fear the clients in question, knowing them to be violent, or have even had their lives threatened by the client. In such cases, the supervisors of workers have ordered them to press ahead and carry out their duties. If, after personally evaluating their duties as posing a major threat, workers refuse to perform them, the situation may be interpreted as refusal to work without a valid reason. The Committee further notes AKAVA’s view on this aspect that it is important to clarify OSH legislation for the purpose of preventing work-related violence more effectively and improving post-incident support in cases of work-related threats and violence. Noting that the Government does not address these concerns in its report, the Committee asks the Government to respond to the concerns of the Union of Professional Social Workers Talentia and AKAVA in its next report.

Articles 14 and 19(d). Occupational safety and health training. The Committee notes the Government’s response in regard to the employer’s obligation under section 33 of Act 44 of 2006. The Committee also notes the comments of the SAK and STTK that no training criteria, qualifications requirements, or performance monitoring have been set for employers’ and employees’ representatives responsible for OSH. The Committee further notes from the comments that there are many doctors working in occupational health care who do not have the required qualifications and since they mainly work in health-care centres, it remains unclear how work-related illnesses are identified. Noting that the Government does not address these matters in its report, the Committee asks the Government to respond to the SAK’s and STTK’s comments in its next report.

Article 2 of the Protocol. National legislation. With reference to its previous comments, the Committee notes the Government’s response that no decree has so far been issued under section 46(4) of Act 44 of 2006 in regard to the content and manner by which the reporting of occupational accidents and diseases are to be carried out. The Committee asks the Government to keep it informed of any decisions taken in this regard.

Article 3(c). Duration for maintaining records. The Committee notes the Government’s response in that, by virtue of section 10 of the Occupational Safety and Health Act, employers are obligated to monitor the occurrence of occupational accidents, for which purpose they must maintain their records on occupational accidents for a suitable period of time. The Committee asks the Government to provide clarification as to the practical meaning of “a suitable period of time”.

Part V of the report form. Application of the Convention in practice. The Committee notes the detailed statistical information provided concerning the developments in Finland 2005–09 including the analysis Occupational Accident Development Analysis – Final Report 31 January 2010 of the Finnish Institute of Occupational Health. The Committee notes that reference is made to five indicators (compensated occupational accidents and diseases; compensated occupational accidents (for all sectors and for the construction industry and transport and storage sectors); accidents in the workplace and commuting accidents; fatal commuting accidents and compensated occupational diseases); that there has been a noticeable decrease in the number of workplace accidents especially in sectors with high risk of accidents such as construction and transport; that the data broken down by gender indicate that the frequency of accidents for men is more than double that of women and that work-related deaths almost exclusively affect men, that the factors influencing the decrease in the number of workplace accidents include the economic downturn and the reduction in employment; that other societal factors, such as age, also influence the number of occupational accidents; that accidents occur more often among young workers than ageing workers, but that the type of accident changes with age, and that recovery from an injury takes longer for ageing workers; that occupational accidents among ageing workers often involve falling down, slipping and stumbling; and that several lifestyle factors, such as deteriorating health, stress, fatigue, tobacco, alcohol and drug use, and being overweight, are also known to increase the risk of accidents. The Committee asks the Government to continue to provide a general appreciation of the manner in which the Convention is applied in the country based on relevant statistical data and the analyses based thereon.