Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 187) sur le cadre promotionnel pour la sécurité et la santé au travail, 2006 - Suède (Ratification: 2008)

The Committee notes the Government’s first report including the legislative texts attached. The Committee also notes the observations by the Swedish Trade Union Confederation (LO) and the Swedish Confederation of Professional Employees (TCO) transmitted to the Office by the Government.

Article 3(1) of the Convention. Promoting a safe and healthy working environment by formulating a national policy. The Committee notes that the Government in its report refers to a national policy for the work environment reportedly reflected in the Government’s Budget Bill and that a draft national plan of action for a future working environment policy has been prepared. The Government indicates this draft policy includes facilitating and increasing better development of jobs and to break the isolation of people removed from the employment sector and that is has been developed in consultation with social partners and other stakeholders. In this respect the Committee notes that LO and TCO observe that while a national plan of action on a future work environment policy had been prepared, this plan had not yet been adopted in June 2010. The Government is requested to provide further information on current and future national policies on occupational safety and health (OSH) giving effect to this provision of the Convention, and to submit a copy of the relevant national OSH documents.

Article 3(3). Consultation with the most representative organizations of employers and workers. The Committee notes the information that both national legislation and legislation adopted by the Work Environment Authority (WEA) are drafted in tripartite consultation and that the outcome of the application of the obligations concerning Systematic Work Environment Management are shared with the social partners and inspectors in different contexts. It also notes that the LO and TCO indicate that consultations between the WEA and social partners and inspectors have only taken place on rare occasions and only in some districts. The Government is requested to provide information on the outcome and frequency of the consultations held in this regard in the light of the observations of LO and of TCO.

Article 4(2)(c). Mechanisms for ensuring compliance with national laws and regulations, including systems of inspections. The Committee notes the information that the WEA is responsible for enforcement of binding rules on the nature of the work environment and on obligations related thereto, that this authority has developed a system of work environment surveillance, with particular attention paid to workplaces where risks of ill health and accidents are greatest including an inspection system, which guarantees compliance. In this respect the Committee notes the observations from the LO and TCO according to which the number of labour inspectors in 2007 was reduced from 1 to 0.7 inspectors per 10,000 workers which is below the ILO recommendation of one inspector per 10,000 workers. In the light of the observations by LO and TCO, the Government is requested to provide further information on the functioning of and efforts to maintain, progressively develop and periodically review its labour inspection system.

Article 4(3)(a). A national tripartite advisory body, or bodies, addressing OSH issues. The Committee notes that the Government’s report indicates that national tripartite bodies exist at the Ministry of Labour and the WEA and, when necessary the Ministry of Labour invites representatives of other departments to attend theses consultations. In this respect the Committee notes that LO and TCO questions whether these arrangements meet the requirements in the Convention as the tripartite body of the Ministry of Labour is more informative than political in nature and meets too seldom, and as the tripartite body within the WEA only addresses issues delegated to that authority. In the light of the observations by LO and TCO, the Government is requested to provide further information on the functioning of the national tripartite body or bodies addressing occupational safety and health issues.

Article 4(3)(d). Occupational health services in accordance with national law and practice. The Committee notes that the reference made by the Government to the provisions in Chapter 3, section 2(b) of the Work Environment Act according to which the employer shall provide occupational health services to the extent the work conditions require. It also notes the observations by the LO and TCO, according to which the application in practice of the referenced provision has not resulted in giving access to occupational health services for the sectors and businesses that are in the greatest need for such services, and that the effect has been rather the contrary, namely that where there is the greatest need, occupational health services are the most scarce. In the light of the observations by LO and TCO, the Government is requested to provide further information on efforts to maintain, progressively develop and periodically review its occupational health service system.

Article 4(3)(e). Research on occupational safety and health. The Committee notes that the Government indicates that under the Swedish system, state funded work environment research is conducted at higher education establishments. The Committee also notes the LO and TCO comments, that since the closing down of the National Institute of Woking Life, research on occupational safety and health issues has regressed and it has become considerably more difficult to find already existing knowledge and to find information on which scientists have responsibility for a particular field of research. In the light of the observations by LO and TCO, the Government is requested to provide further information on efforts made to maintain, progressively develop and periodically review research carried out on OSH related issues.

Article 4(3)(g). Mechanism for collection and data analysis, and provisions for collaboration with relevant insurance or social security schemes. The Committee notes that the Government indicates that, by virtue of Chapter 8, section 1 of the Work Injuries Insurance Act, employers are required to report work injuries to the Social Insurance Agency, and that section 12 of the Work Environment Ordinance places a duty on physicians to report to the WEA any diseases which may be connected with work or of interest from the view point of the working environment. The Committee notes that the Government indicates that the WEA is responsible for the collection and annual publication of work injury statistics of work accidents and work-related illnesses and that sample surveys of work-induced disorders are carried out by Statistics Sweden (SCB) and published annually. The Committee also notes the observations of the LO and TCO that the incidence of occupational injuries and diseases is considerably underreported in national statistics due to the structure of the Swedish work injury insurance and that it is thus questionable whether the national mechanism for the collection and analysis of data on occupational accidents and diseases fulfils the requirements of the Convention in this respect. The Government is requested to provide further information on the mechanisms of collection and analysis of data within the national system and processes for the collaboration with the Social Insurance Agency.

The Committee is raising other points in a request addressed directly to the Government.