Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 155) sur la sécurité et la santé des travailleurs, 1981 - Finlande (Ratification: 1985)

The Committee notes with interest the information provided in the Government's report concerning the application of Article 16(3) and Article 19(e) of the Convention. It further notes the comments made by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK) and the Commission for Local Authority Employers (KT). The Committee requests the Government to provide additional information, in its next report, on the following points:

1. Article 5(e). In its previous comments, the Committee recalled that this provision was designed to protect workers from any disciplinary measures as a result of actions taken by them in conformity with the National Working Environment Programme (NWEP). In its latest report, the Government has once again stated that, under the Employment Contracts Act, workers are protected from dismissal on the basis of actions which might be taken by them under the NWEP. The Government adds that the Employment Contracts Act protects workers against discrimination on the basis of membership in trade unions and that workers are also protected against any harmful consequences which could result from the use of their right to refuse dangerous work. The SAK has stated, however, that the existing legislation does not include any special provision which would prohibit the employer from taking unlawful disciplinary measures, other than dismissal, against the worker for appropriate action taken under the NWEP. As concerns the prohibition against discrimination, the SAK adds that the burden of proof in this area lies with the employee.

The Committee would recall that this Article of the Convention is designed to guarantee protection against any disciplinary measures and should not be limited to issues of dismissal. Furthermore, there are many activities which might be rightfully taken by workers under the NWEP other than the right to remove oneself from serious and imminent danger. It therefore requests the Government to indicate the measures taken or envisaged to ensure the protection of workers from any disciplinary measures taken against them for acting in conformity with the national policy on occupational safety, occupational health and the working environment.

2. As in its previous comments, the SAK has stated that there are still defects in training and the provision of information and guidance concerning occupational safety and health, thus contributing to the number of occupational accidents. The Government has indicated that recent amendments to the Labour Protection Act promote the employees' opportunities to get advance information and necessary guidance and to oblige the employer to take greater care in providing instructions and guidance. Further obligations have been placed upon the employer to ensure that workers of an outside employer receive the necessary information and instructions concerning hazards in the workplace. The Government is requested to keep the Office informed of any measures taken or envisaged to promote training more appropriately adapted to the training needs of all workers, in accordance with Article 14 and to provide any information available concerning arrangements made at the level of the undertaking, including samples of workplace occupational safety and health programmes, to provide workers with appropriate training in occupational safety and health as provided for in Article 19(d).

3. The Committee notes the statement made by the TT and the LTK concerning the lack of legislation to provide employers with the opportunity to control employee's use of protective equipment in situations where the employer thinks it necessary. The Government is requested to indicate the measures taken to ensure that workers, in the course of performing their work, cooperate in the fulfilment by their employers of their obligations, including the use of protective equipment in cases where this is required by the competent authority, in accordance with Article 19(a).