Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

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

The Committee notes the observations of the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) and the Central Organisation of Finnish Trade Unions (SAK), communicated with the Government’s report.

It also notes the information provided by the Government regarding the effect given to Articles 4 (on national policy), 14 and 19(d) of the Convention, (on occupational safety and health training).

Article 9. System of inspection. With reference to its previous comments, the Committee notes the Government’s indication that workplace monitoring during the 2012–15 period was conducted with a view to avoiding and reducing harmful workplace factors, including threats of violence by customers, harmful harassment and inappropriate treatment. The Committee notes that AKAVA reiterates the concerns it raised in its 2010 observations and indicates that the abolition of occupational safety and health (OSH) inspectorates and the merging of the OSH authority with the state regional administration have made accessibility to the OSH authority more difficult for private customers. In this regard, the Committee requests the Government to refer to its previous comments under the Labour Inspection Convention, 1947 (No. 81).

Articles 4, 8, 13 and 19(f). Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. With reference to its previous comments, the Committee notes the Government’s indication that the provisions on work-related violence include section 27 of the Occupational Safety Act on the threat of violence, section 12 of the Occupational Health Care Act and section 2 of the Government Decree 1485/2001 on Medical Examinations in Work that Presents a Special Risk of Illness, and that the OSH Administration published guidelines in 2010 for the monitoring of physical violence and its threat, valid until the end of 2014. In this regard, the Committee notes that AKAVA refers to its 2010 observation and indicates that work-related violence and threats of violence occur daily, especially in fields of public sector employment like health care, social services and education, making it a continuous accident risk. AKAVA also reiterates the 2010 statement of the Union of Professional Social Workers Talentia on the inadequacy of the national legislation and guidelines and the fact that workers who evaluate their duties as posing a major threat, and consequently refuse to perform them, can be considered as refusing to work without a valid reason. The Committee requests the Government to provide further information on the measures taken or envisaged to prevent accidents and injury to health occurring in the context described by AKAVA. It also requests the Government to provide information on the measures taken to ensure the adequate protection of workers from undue consequences relating to their removal from situations presenting an imminent and serious danger.

Article 20. Cooperation at the level of the undertaking. The Committee notes the observations of AKAVA according to which higher-ranking workers do not have a statutory right to elect their own OSH representatives and that, as a result, the work-related strain and risk factors affecting these workers are not sufficiently discussed in workplaces’ cooperation schemes on OSH. The Committee requests the Government to respond to the matters raised by AKAVA in its next report.

Article 3(c) of the Protocol. Duration for maintaining records. With reference to its previous comments, the Committee notes that the Government does not clarify the meaning of “a suitable period of time” with regard to the maintenance of records. The Committee therefore once again requests the Government to provide clarification as to the practical meaning of “a suitable period of time” with regard to the obligation of employers to maintain records on occupational accidents.

Application in practice. The Committee notes the information provided by the Government according to which compensation was paid for 117,000 occupational accidents in 2014 by the Federation of Accident Insurance Institutions, and that 20 workers died in workplace accidents both in 2013 and 2014, in addition to 12 deaths in commuting accidents in 2013. It also notes that indicators for accident frequency have remained stable between 2013 and 2014, with the highest accident frequency recorded in the sectors of construction and administrative and support services. With regard to occupational diseases, the Committee notes that 4,602 cases of occupational disease were compensated in 2013, as compared to 4,404 in 2012, that one of the most common diseases relates to noise trauma and that the occurrence of occupational diseases, in proportion to the number of workers, is highest in the sector of vehicle preparation. The Committee requests the Government to continue to provide information on the application of the Convention in practice, the number, nature and cause of occupational accidents and cases of disease registered, and the number and nature of the contraventions reported.