Occupational Safety and Health (Dock Work) Convention, 1979 (No. 152) - Finland (RATIFICATION: 1981)

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The Committee takes note of the Government’s report and the supplementary information provided in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), the Finnish Confederation of Professionals (STTK) and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA) communicated with the Government’s report. While acknowledging progress made in many respects regarding occupational safety and health in dock work, the trade union confederations state that: (i) fatal accidents still occur; (ii) minor accidents persist; and (iii) the workforce in ports has been scaled so that dockworkers have to work overtime, which may result in health problems in the long run. Additionally, the trade union confederations recall the concern they expressed during the enforcement inspections as to the insufficient knowledge and skills of the port operators, which would allegedly prevent them from taking adequate action in the event of potential accidents and dangerous situations, such as special protection measures during winter and awareness training on the handling of hazardous substances. The Committee requests the Government to provide its comments on the various matters raised by the trade union confederations, including on any measures taken or envisaged to tackle the concerns expressed.

Part V of the report form. Application in practice. The Committee notes the statistical data on the decline in the number of accidents in the operations relating to service activities incidental to water transportation and cargo handling during the period from 2012 to 2015. The Committee requests the Government to continue providing updated statistical data on occupational accidents and diseases in dock work, as well as the number and nature of the contraventions reported and the resulting actions taken.

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Legislation. The Committee notes with interest the detailed information contained in the Government’s report including descriptive comments of the main content of the numerous legal enactments adopted since the previous report. The Committee notes, in particular: the amendments of the Decree on the Occupational Safety in Loading and Unloading of Ships (1050/2011) which specifies the inspection requirements of lifting equipment used in the loading and unloading of ships and the inspectors’ competence requirement; the amendments of the Decree on the Safety of Machines (400/2008), which now specifically provides that occupational safety in port is within its scope and the technical devices referred to in the Decree include machines and lifting accessories, lifting chains, ropes and belts; and the Act on the amendment of section 3 of the Occupational Safety and Health Act (709/2008), laying down specifications to the application of the Act in relation to contract labour requiring that the labour recipient must report the start of such work to the workplace’s occupational health care and the occupational safety and health representative in question.

Article 36 of the Convention. Medical examinations. The Committee notes the detailed information regarding the Decree on Medical Examinations in Work that Presents a Special Risk of Illness (1485/2001) including a reference to an online unofficial English translation thereof.

Part V of the report form. Statistical data. The Committee notes that the report contained no statistical data on reported accidents or injuries to the occupational safety and health authorities, but that according to information provided by the Finnish Statistical Bureau, the number of reported fatalities and accidents among dockworkers for the years 1999–2010 demonstrate a fairly regular decline and that the length of incapacitation per incident also appears to be declining. The Committee requests the Government to provide further statistical data on occupational accidents and diseases for dock work.

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1. The Committee notes the information contained in the Government’s report. It notes with interest the adoption of the Government Decree on “Work safety in connection with loading or unloading vessels” (633/2004) which gives further effect to the Convention, in particular through its section 26 which requires that the lifting devices, which form an integral part of the load, should be inspected before each use and section 28(2) which provides that lifting devices are to be inspected by a person authorized by the employer or the ship’s master adequately familiar with the structure, use and inspection of the equipment concerned.

2. Article 36 of the Convention. Medical examinations. The Committee notes the Government’s statement that there are different provisions on medical examinations concerning work that presents a special risk of illness. The Committee requests the Government to provide further information on the content of these different provisions and to indicate the periodicity applied in practice for the required medical examinations.

3. Part V of the report form. Statistical data. With reference to its latest comments, the Committee notes that in response to previous comments by the Central Organization of Finnish Trade Unions (SAK) the Government indicates that some 4,000 stevedores work within the scope of the occupational safety and health enforcement which are required to report accidents or injuries to the occupational safety and health authorities, who will inspect the matter. In this regard, the Government indicates that “nothing unusual” has surfaced in the inspections and statistics. The Committee requests the Government to provide more detailed information on due outcome of the inspections carried out and to continue to keep it informed of the measures taken or envisaged to collect and report statistics on occupational accidents and diseases for dock work specifically.

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1. Further to its previous observation based on the comments made by the Central Organization of Finnish Trade Unions (SAK), the Committee notes the brief information contained in the Government’s report indicating that the Occupational Safety and Health Inspectorate has been carrying out specific supervision projects to improve the safety of lifting appliances used in stevedoring, focusing specifically on lifting belts and slings and the procedure used for checking them. While the Committee welcomes this information, it would be grateful if the Government would provide further particulars, including statistical data indicating the kind and magnitude of the said specific supervision undertaken, as well as on any results obtained from the supervision.

2. Further to its previous observation based on the comments made by the SAK, the Committee notes the Government’s reply that the employer must report serious accidents to the occupational safety and health authorities, which will examine the case. The Government indicates that a report always has to be made on accidents, and the Federation of Accident Insurance Institutions makes various summaries of different sectors, such as cargo handling, which includes stevedoring. The Committee notes the information that statistics of accidents for the cargo-handling sector includes accidents involving stevedores. However, given the highly dangerous nature of dock work and in view of the aim referred to in Article 39 of the Convention, which is to assist in the prevention of occupational accidents and diseases in dock work, the Committee would be grateful if the Government would keep the Office informed on the measures taken or envisaged to collect and report statistics on occupational accidents and diseases for dock work specifically.

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1. Further to its previous observation concerning earlier comments made by the Central Organization of Finnish Trade Unions (SAK), the Committee notes the information that inspection systems at ports and industrial workplaces have been subject to reform. It notes that dock work inspections and the qualifications required of persons performing them have been revised, on the basis of proposals drawn up following tripartite negotiations, and that the revised competence requirements contained in Decisions 744/1986 and 341/1998 entered into force on 1 June 1998.

The Committee notes the comments made by the SAK, communicated by the Government, in which it states that the reliability of lifting device inspections should be improved. It indicates that accidents and near-miss cases have occurred even when a ship's lifting appliances had been inspected according to the attestations and were in good condition. Likewise, the loose lifting gear, cables and belts forming part of a ship's equipment have often proved to have lifting straps unfit for this purpose, even when they had supposedly been properly inspected. The SAK added that the application of several different safety regulations (concerning road, rail and sea transport) may also cause dangerous situations and reduce safety. In addition the SAK states that dock work involves employees of several different employers and the numbers of actors at ports has increased. Cooperation between the different actors occasionally suffers from problems and friction which may affect employee safety and health.

The Committee would be grateful if the Government would provide information on these comments made by the SAK and on any improvement resulting from the recent reforms introduced in the inspection services at ports.

2. The Committee notes the comments made by the SAK, communicated by the Government, in which the SAK states that it has been difficult to obtain statistical data on occupational accidents in dock work, because the statistics are compiled using broader categories. The SAK considers that this means that it is difficult to achieve a clear view of the trend in accident occurrences. The Committee notes from the Government's report under point V of the report form, that no statistics on occupational accidents and diseases sustained by dockworkers in particular are available because of the statistical categories applied, while acknowledging that dock work was known to be one of the most dangerous occupations.

The Committee recalls that Article 39 of the Convention calls for measures to be taken to ensure that occupational accidents and diseases are reported to the competent authority and, where necessary, investigated in order to assist in their prevention. It also recalls that the report form, under point V, calls for the supply of information on the number of occupational accidents and diseases reported, in so far as this information has not already been supplied in connection with other questions in the form. Given the highly dangerous nature of dock work, the Committee would be grateful if the Government would keep it informed on the measures taken or envisaged to collect and report statistics on occupational accidents and diseases more specifically for dock work, thus facilitating their prevention.

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1. The Committee notes the information supplied in the Government's report and, in particular, the information relating to Articles 2, paragraph 2 (scope of application), 32, paragraph 2 (stoppage of the dock work in the area where receptacles or containers of dangerous substances are broken or damaged to a dangerous extent). It notes with interest the National Board of Labour Protection Safety Regulations No. 41.

2. Article 28. In reply to the Committee's previous comments, the Government refers: (i) to section 38 of the Council of State Decision 915/85 as amended by Decision 449/95, which deals with registers and certificates related to inspections; (ii) to the Council State Decision concerning the working environment on board a vessel (417/81) whose section 13 requires that for the safe use and maintenance of machines and equipment instructions necessary for safety shall be available in a language which the workers understand; and (iii) to the Labour Protection Act as amended (Act 144/93) which prescribes that the employer must have a policy for action to be taken to promote health and safety.

The Committee notes that these laws and regulations ensure the application of different provisions of the Convention (e.g. section 38 of Decision 915/85 gives effect to Article 25, paragraphs 2 and 3). It recalls that Article 28 of the Convention calls for every ship to carry rigging plans in order to permit the safe rigging of ships' derricks and accessory gear, and asks the Government to indicate measures taken or contemplated to ensure that every ship carries rigging plans as requested in this Article of the Convention.

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In connection with the comments of the Central Organization of Finnish Trade Unions (SAK), supplied with its previous report, the Government refers to sections 36 and 40 of the Council of State Decision 915/85 under which an inspection of mechanical handling appliances and their loading devices should be carried out by an expert or community of experts qualified for the task and whose qualification should be confirmed by the Ministry of Labour in accordance with a decision which is at the stage of preparation. The Government is requested to provide a copy of this decision as soon as it has been adopted.

The Committee notes the comments made by the Central Organization of Finnish Trade Unions, communicated by the Government. The SAK states that the European integration process has provoked the liberation of subcontracting in port operations increasing the number of operators in the Finnish ports. Inspections of equipment and monitoring of its conditions became more difficult due to the fact that the equipment is owned and used by persons other than those managing ports. In addition, special attention should be paid to dangerous prototype loaders and hired equipment, which are serviced and inspected by the owner, not the port keeper.

The Committee would be grateful if the Government would provide full information on any improvement made in the inspection system.

[The Government is asked to report in detail in 1998.]

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I. The Committee notes with interest the information provided by the Government in its latest report, in particular with respect to the application of Article 18, paragraph 5, and Article 31, paragraph 2, of the Convention. It also takes note of the list of ports determined by the Council of State to be covered by the regulations when loading or discharging ships.

II. The Committee would be grateful if the Government would provide further clarification on the following points:

1. Article 2, paragraph 1. Further to its previous comments, the Committee notes the information supplied by the Government which confirmed that Finnish fishing vessels are small, and no outside labour is used in loading and unloading them. The Committee would recall that under this provision of the Convention exceptions may be granted in respect of dock work where the traffic is irregular and confined to small ships on condition that: (a) safe working conditions are maintained; and (b) the competent authority, after consultation with the organizations of employers and workers concerned is satisfied that such exemption is reasonable in all circumstances. The Government is, therefore, requested to indicate the manner in which safe working conditions are ensured with respect to fishing vessels and the manner in which the organizations of employers and workers concerned were consulted concerning this exclusion.

2. Article 28. In reply to the Committee's previous comments, the Government has indicated in its report that section 27 of the Council of State decision No. 915/85 requires that any piece of equipment must be provided with adequate instructions for its installation and section 4.1.1 of the Safety Regulations No. 41 requires that detailed information and reports on lifting appliances must be provided for structural inspection.

The Committee would recall that this Article of the Convention calls for every ship to carry rigging plans in order to permit the safe rigging of ships' derricks and accessory gear. The Government is, therefore, requested to indicate the measures taken or envisaged to ensure that every ship carries rigging plans.

3. Article 32, paragraph 3. In reply to the Committee's previous comments, the Government refers again to section 72 of the Council of State decision concerning regulations to be observed when loading and unloading ships and to contingency plans, which employers have ready for the most common hazardous substances handled in ports. The Committee would be grateful if the Government would indicate the measures envisaged by these plans and would indicate in particular whether these plans foresee that dock work, other than that necessary to eliminate danger, shall be stopped in the area concerned and the workers removed to a safe place until the danger has been eliminated.

III. In connection with the Finnish Transport Workers' Union (AKT) statement, the Committee, in its previous comments, requested the Government to indicate the measures taken or envisaged to ensure that mechanical handling devices are also inspected by a competent person and that they are periodically examined at least once every 12 months, in accordance with the provisions of Articles 22 and 23 of the Convention.

In its latest report, the Government indicates that the National Board of Labour Protection Safety Regulations No. 41 require that mechanical handling appliances be inspected and maintained in accordance with the necessary inspection instructions, provided by the importer or manufacturer. According to the Government, special attention must be paid to the frequency and manner of the inspection. The Committee also notes the comments made by the Central Organization of Finnish Trade Unions (SAK), transmitted with the Government's latest report, concerning the inadequacy of the national regulations on inspecting mechanical handling appliances and its loading gear. The Committee requests the Government to provide in its next report the Harbour Protection Safety Regulations No. 41, as well as any available inspection instructions.

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1. The Committee refers to its observation and also notes the Government's reply to the previous direct request and the information supplied with regard to the application of Article 13, paragraph 3, and Article 36, paragraphs 2 and 3, of the Convention.

2. The Committee would be grateful if the Government would supply additional information on the following points:

Article 2, paragraph 1, of the Convention. (a) The Committee notes that section 2 (2) and (3) of the new Regulations to be observed when loading and unloading ships (Decision No. 915/1985 of the Council of State), excludes fishing vessels and small ships from the application of the Regulations. The Government indicates in its report that fishing vessels are excluded because they do not carry cargo. The Committee would be grateful if the Government would indicate how the conditions laid down in the provision of the Convention (maintenance of safe working conditions and consultation with organisations of employers and workers) are met in connection with the above-mentioned exclusions.

(b) The Committee also notes that section 2 (4) of the above-mentioned regulations provides that the Regulations apply to ports separately determined by the Council of State and only to the extent decided by the Council. Furthermore, the Committee notes, from the Government's reply, that all ports which bear significance with reference to dock work are listed in the Council of State decision and hopes that the next report will contain a copy of the said list.

Article 18, paragraph 5. Please indicate the provisions governing the designation of an authorised person for the purpose of operating a ship's power-operated equipment.

Article 28. Please indicate the measures taken to ensure that ships shall carry rigging plans and other relevant information necessary to permit the safe rigging of its derricks and accessory gear, as is provided for in the Convention.

Article 31, paragraph 2. The Committee notes that section 15 of the new Regulations contains general measures concerning the layout of container terminals. Please describe the means provided for ensuring the safety of workers lashing or unlashing the containers from ships in conformity with the Convention.

Article 32, paragraph 3. The Committee notes the measures provided in section 72 of the new Regulations regarding the handling of dangerous goods and the provision of protective equipment. The Committee would be grateful if the Government would indicate what measures have been taken to ensure that when dangerous substances are broken or damaged, dock work in the area shall be stopped and the workers removed to a safe place until the danger has been eliminated, as provided in the Convention.

3. The Committee also notes the comments of the Central Organisation of Finnish Trade Unions (SAK) included in the Government's report. The above-mentioned organisation refers to the statement of the Finnish Transport Workers' Union (AKT) drawing attention to the fact that the definition of "lifting appliance" in the new Regulations, and provisions issued pursuant thereto, does not correspond to the definition of "lifting appliance" provided in Article 3(e) of the Convention. As the Central organisation pointed out, the definition in the Convention covers all cargo-handling appliances including shore-based power-operated ramps used on shore, or on board ships, inter alia, for moving loads from one position to another; whereas in the Finnish definition a distinction is made between actual lifting appliances and mechanical handling appliances and this distinction creates a divergence from the Convention in regard to inspection requirements. In this regard the Committee notes that sections 35 and 36 of the new Regulations contain provisions which correspond with that of Articles 22 and 23 of the Convention in regard to inspection requirements of lifting appliances, as the term is strictly defined in the Regulations. However, section 40 of the new Regulations, which covers inspection of mechanical handling appliances, provides for inspections, other than alterations or repairs, to be performed by a person authorised by the employer and it does not prescribe a minimum interval period during which time such examinations must take place. The Committee would be grateful if the Government would indicate in its next report the measures which have been taken or are envisaged to ensure that mechanical handling devices are also inspected by a competent person and that they are periodically examined at least once every twelve months in accordance with the provisions of Articles 22 and 23 of the Convention.

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The Committee notes with satisfaction the adoption of new Regulations to be observed when loading and unloading ships (Council of State Decision No. 915/1985) and the provisions passed in 1986 by the Ministry of Health and Social Affairs regarding appliances and loose gear to be used when loading and unloading ships, their inspection, use and approval pursuant to the said Regulations. The above regulations and provisions give effect to the following Articles of the Convention:

Article 2, paragraph 2 (application of the safety provisions to ships of less than 200 gross registered tons); Article 4, paragraph 1(c) (information and training); Article 4, paragraph 2(a) (construction, equipping and maintenance of places at which dock work is carried out); Article 8 (taking of protective measures when a workplace has become unsafe); Article 16, paragraph 1 (safe embarking, transport and disembarking to and from a ship); Article 18, paragraphs 2 and 4 (safe lifting of hatch covers and appointment of an authorised person); Article 19, paragraphs 1 and 2 (protection of openings in or on a deck and hatchways); Article 20, paragraph 1 (safety of workers in the hold or on a cargo deck); Article 29 (safety requirements for pallets and similar devices); and Article 31, paragraph 1 (lay out of freight container terminals).

The Committee addresses directly to the Government a request concerning some other aspects of the application of the Convention.