Benzene Convention, 1971 (No. 136) - Finland (RATIFICATION: 1976)

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Previous comment on Convention No. 115Previous comment on Convention No. 119Previous comment on Convention No. 120Previous comment on Convention No. 136Previous comment on Convention No. 139Previous comment on Convention Nos 148, 170 and 174Previous comment on Convention No. 155 and its Protocol of 2002Previous comment on Convention No. 161Previous comment on Convention No. 162Previous comment on Convention No. 167Previous comment on Convention No. 176Previous comment on Convention No. 184Previous comment on Convention No. 187 

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.

The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK) on Conventions Nos 115, 120, 136, 139, 148, 161, 167, 184 and 187 and of the Finnish Confederation of Professionals (STTK) on Conventions Nos 139, 161, 162 and 187, communicated with the Government’s reports.

Application of Conventions Nos 115, 119, 120, 136, 139, 148, 155, 161, 162, 167, 170, 174, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes that, according to the Government’s reports, the number of work-related accidents for salary and wage earners fell from 96,396 in 2015 to 86,606 in 2020, but the private health and social services sector saw occupational accidents increase from 4,408 in 2015 to 5,651 in 2020. The Committee also notes the Government’s indication that, while occupational accidents in the construction sector have generally decreased, work categorized under the “employment service” sector, which includes temporary agency work, shows a high frequency of accidents, with workers assisting in industry and construction experiencing the majority of accidents in that category. The Committee notes the Government’s statement that the number of recognized occupational diseases in the working-age population has decreased for several years, with, in particular, fewer cases of noise-induced hearing loss and asbestos-related diseases. According to the SAK’s observations on Convention No. 148, however, noise injury remains the most common occupational disease in Finland and better protection of pregnant workers from noise and vibration is a topical challenge under focus. The Government does not respond to those observations. The Committee thus requests the Government to continue to indicate the measures taken or envisaged to decrease the number of occupational accidents and diseases, particularly in the above-mentioned workplaces with increasing or persistently higher rates of occupational injuries, and for those workers engaged in the "employment service " sector, including temporary agency work.

Article 11 of Convention No. 115, Article 6 of Convention No. 136, Articles 2(2) and 3 of Convention No. 139, Articles 15(3) and 20(1) of Convention No. 162, and Article 28 of Convention No. 167. Monitoring of exposure levels. Notification to the competent authority. The Committee notes the SAK’s observations on Conventions Nos 115, 136, 139 and 167 expressing concerns regarding the adequate monitoring, in practice, of workers’ exposure levels to benzene and radiation, and shortcomings regarding notifications of carcinogens to the register for workers at risk of exposure to carcinogenic substances and processes (the ASA register), particularly in the construction sector. The STTK, in its observations on Conventions Nos 139 and 162 also refers to an increase in the ASA register, in the period 2010–19, of about 3,000 workers exposed to carcinogens, and of workers exposed to asbestos (4,003 workers in 2019). The Committee takes due note of the Government’s indication that the rising number of workers exposed to carcinogens in the ASA register is linked to greater awareness of statutory notification requirements and to legislative reforms, including the adoption of the Act on the List and Register of Workers Exposed to Carcinogenic Substances and Methods (452/2020). The Committee requests the Government to continue to provide information on any measures taken or envisaged to further strengthen the implementation of statutory requirements regarding the monitoring of workers’ exposure levels to carcinogens, including benzene and asbestos, and of notification requirements to the ASA register.

Article 12 of Convention No. 115, Article 9 of Convention No. 136, Article 5 of Convention No. 139, Article 11 of Convention No. 148, Articles 3, 4 and 12 of Convention No. 161, Article 21 of Convention No. 162, and Article 11 of Convention No. 176. Occupational health services. Health surveillance and medical examinations. Following its previous comments on occupational health services, the Committee notes that one of the objectives of the Government Resolution entitled “Työterveys 2025” (“Occupational Health Care 2025”), published in 2017, is for all employers to have organized appropriate occupational health care, regardless of company size. In this regard, the Committee notes the Government’s indication that 74 per cent of workplaces in Finland have no more than ten employees, according to a 2018 review, and that the Government has undertaken research and other measures to promote occupational health care for small businesses and entrepreneurs. According to the observations of the SAK and the STTK on Convention No. 161, however, some small employers fail to arrange occupational health care at all, and the implementation of occupational health services still has shortcomings, particularly for people engaged in various forms of casual employment, agency work and platform work. The SAK considers that, even in jobs with particular risks, medical examinations and guidance and counselling remain incomplete or wholly unimplemented. In addition, the SAK indicates in its observations under Conventions Nos 162 and 167 that occupational health care is still poorly implemented in the entire construction sector, and that people exposed to asbestos have difficulties securing medical examinations after their employment has ended. The Committee notes the Government’s indication that investigations are being envisaged to determine whether an alternative to the current occupational health card could be found, for the organization and implementation of occupational health care and health monitoring in construction work. The Committee requests the Government to provide further information on the measures taken to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as necessary, after their employment has ended. The Committee also requests the Government to continue to provide information on the measures taken to progressively develop occupational health services for all workers. Additionally, the Committee requests the Government to provide information on the implementation of occupational health services in all sectors, including on the impact of initiatives undertaken in the construction sector in this regard.

Articles 5(c) and 19(d) of Convention No. 155, Article 4(3)(c) of Convention No. 187, Article 22(3) of Convention No. 162 and Article 7(b) of Convention No. 184. OSH training and qualifications. The Committee notes that, in its observations on Conventions Nos 162 and 184, the SAK expresses concerns regarding the adequacy of OSH training for certain workers engaged in asbestos demolition work, such as “posted” workers or entrepreneurs, and for foreign workers engaged in agricultural work. In its observations on Convention No. 187, the SAK also indicates that Finland lacks training criteria or qualification requirements for individuals responsible for OSH at the workplace, including OSH managers responsible for OSH cooperation and OSH representatives. The Committee requests the Government to indicate the measures taken to ensure that adequate and appropriate training and comprehensible OSH instructions and any necessary guidance or supervision are provided to workers in agriculture, taking into account differences in language (Article 7(b) of Convention No. 184). It also requests the Government to provide further information on how employers ensure that all workers exposed or likely to be exposed to asbestos are informed about the health hazards related to their work, instructed in preventive measures and correct work practices and receive continuing training in these fields (Article 22(3) of Convention No. 162). The Committee further requests the Government to indicate whether it envisages adopting training criteria or qualification requirements for persons with OSH responsibilities at the workplace.

A.General provisions

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Article 9 (labour inspection) of Convention No. 155, Article 3(c) of the Protocol and Article 3(3) (national preventive safety and health culture) of Convention No. 187, which responds to its previous requests.

I.Action at the national level

Article 2(1) of Convention No. 187. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. The Committee takes due note of the adoption in 2019 of the policy for the work environment and well-being at work until 2030, developed in consultation with social partners, which specifies the strategy of the Ministry of Social Affairs and Health and guides its operations to ensure OSH at all workplaces, regardless of the form of employment. The SAK and the STTK, in their observations on Convention No. 187, take the view that certain OSH risks have yet to be adequately addressed, including psychosocial risks and OSH risks involved in platform work. In this respect, the Committee notes that the Ministry of Social Affairs and Health has adopted a Mental Health at Work Programme, implemented in cooperation with the Finnish Institute of Occupational Health and other partners. The Committee requests the Government to continue to provide information on the measures taken topromote continuous improvement of OSH and the results thereof, including the impact of the Mental Health at Work Programme.It requests the Government to provide information on measures taken towards the improvement of the OSH of platform workers and to address psychosocial risks of those workers.

Articles 4, 8, 13 and 19(f) of Convention No. 155. Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. Following its previous comments, the Committee notes the measures taken by the Government to reduce threats of workplace violence, including by setting the prevention of violence, harassment and inappropriate treatment in the workplace as an objective of the Implementation Plan for 2022–23 of the policy for the work environment and well-being at work until 2030. The Committee notes that, according to the SAK’s observations on Convention No. 187, threats of physical violence have arisen at approximately one in six workplaces (14 per cent) and direct physical violence had occurred at one in ten workplaces (10 per cent) during the 2017–20 period. The Committee thus requests the Government to provide further information on occurrences where workers have exercised their right to remove themselves from work situations which they had reasonable justification to believe presented an imminent and serious danger to their life or health. The Committee requests the Government to continue to provide information on the impact of measures taken toprevent injury to health, including due to violence and harassment at work.

Article 5(1) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodical review of a national OSH programme. The Committee takes due note of the adoption of the Implementation Plan 2022–23 for the policy for the work environment and well-being at work until 2030. The Committee notes that the actions in the Implementation Plan are monitored annually with reporting and their effectiveness assessed with agreed indicators. The Committee requests the Government to continue to provide information on the evaluation and review of the Implementation Plan 2022–23, in consultation with social partners, as well as on how this evaluation contributes to the formulation of subsequent implementation plans.

II.Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. In reply to its previous request concerning the right of higher-ranking workers to elect OSH representatives, the Committee notes the Government’s indication that senior staff are also deemed to be employees for elections as representatives. The Committee also notes the observations of the SAK on Convention No. 187, underlining that the Act on occupational safety and health enforcement and cooperation on occupational safety and health at workplaces (44/2006) only requires the election of an OSH representative at workplaces with at least ten employees, and that about 20,000 workplaces have fewer than ten employees. The Committee requests the Government to provide information on the election of OSH representatives, in practice, in undertakings with less than ten employees, as well as on any other arrangements to promote cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures in those workplaces.

Occupational Health Services Convention, 1985 (No. 161)

Article 16 of the Convention. Supervision of occupational health services. Following its previous comments, the Committee notes the Government’s information on the results of labour inspections between 2016–21, including its indication that the multidisciplinary nature of occupational health services has clearly improved since 2015, and that only 7 per cent of occupational health care units fell short of satisfying basic conditions. The Committee also notes the observations of the SAK on Convention No. 161, according to which enforcement work in the field of occupational health is usually confined to verifying the existence of an occupational health care agreement. With reference to its preceding comments on the development of occupational health services, the Committee requests the Government to provide further information on measures taken or envisaged to strengthen the supervision of the operation of occupational health services.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3(1) (effective protection of workers in light of available knowledge) and 6(1) (maximum permissible doses) of Convention No. 115, which responds to its previous request.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 1(1) and (3) (list of carcinogenic substances and agents) and 6(a) (national laws and regulations) of Convention No. 139, which responds to its previous request.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (national laws or regulations), 9 (technical and supplementary organizational measures) and 12 (control of the use of processes, substances, machinery and equipment) of Convention No. 148, which responds to its previous request.

Article 16(b) of the Convention. Appropriate inspection. Following its previous comments, the Committee notes the information provided by the Government on the results of inspections undertaken, as well as the observations of the SAK on Conventions Nos 120 and 148, which consider that clean air requirements gained new significance during the pandemic, and that attention should be paid to enforcement regarding air measurements. The Committee notes the Government’s statement that labour inspectors do not always oblige employers to measure airborne exposure levels, if they consider that the risks are assessed and managed by other means. The Committee requests the Government to provide further information on measures taken to strengthen supervision of the application of Convention No. 148.

Chemicals Convention, 1990 (No. 170)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 5 (advance notification, authorization, classification and labelling of chemical substances),and 12(d) (duration for maintaining records) of Convention No. 170, which responds to its previous request.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (coherent national policy),and 9(f) and (g) and 20(c) (consultation of workers and their representatives on the documented system of major hazard control, safety report, emergency plans and procedures and accident reports) of Convention No. 174, which responds to its previous request.

C.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 6 (labour inspection), 10 (comfortable and steady temperature), 14 (sufficient and suitable seats) and 18 (protection against noise) of Convention No. 120, which responds to its previous request.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 34 (reporting on occupational accidents and diseases)and 35(b) (labour inspection services) of Convention No. 167, which responds to its previous request.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3 (policy on safety and health in mines), 5(2)(d) (compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences), 5(4)(a) (mine rescue, first aid and appropriate medical facilities), 5(4)(b) (adequate self-rescue respiratory devices), 5(4)(c) (securing abandoned mine workings), 5(4)(d) (safe storage, transportation and disposal of hazardous substances and waste), 7(b) (safe commissioning, maintenance and decommissioning of mines), 7(c) (measures to maintain ground stability), 7(d) (provision of two exits), 7(g) (operation plan and procedures for a safe system of work), 7(i) (stopping operations and evacuation of workers), 10(b) (supervision of mine work), 10(d) (investigation and report on accidents and dangerous occurrences), 13(1)(f) (selecting OSH representatives), 13(4) (protection against discrimination and retaliation) of Convention No. 176, which responds to its previous request.

Article 10(c) of the Convention. Recording system of the names and probable location of all persons who are underground. The Committee notes that section 23 of the Government Decree on the Safety of Blasting and Excavation Work (644/2011), as amended, requires the provision of a communication and warning system between supervisors and employees that can enable verification of the location of an employee. The Committee requests the Government to provide further information on measures taken to give effect to Article 10(c) in situations other than demolition or blasting work.

Article 13(1)(a) and (b) and 13(3). Rights of workers under national laws and regulations. The Committee notes section 19 of the Occupational Safety and Health Act (738/2002), as amended, which provides a notification obligation for workers to the employer and the OSH representative without delay of any faults and defects discovered in working conditions or working methods, machinery, other work equipment, personal protective equipment or other devices that may cause risk or hazard to the safety or health of employees. The Committee also takes due note of the Government’s statement that, while there are no specific provisions on reporting to authorities, it is normal practice and the starting point for people to communicate with the authorities, even in their capacity as an employee. The Committee nevertheless recalls that, under Article 13(1) and (3), the procedures for the exercise of the right of workers to report accidents, dangerous occurrences and hazards to the competent authority, and their right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the competent authority, shall be specified by national laws and regulations. The Committee accordingly requests the Government to indicate the measures envisaged, including any legislative amendments, to give full effect to Article 13(1)(a) and (b) of the Convention.

Article 13(2)(c). Right of safety and health representatives to have recourse to advisers and independent experts. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with national laws and regulations, safety and health representatives have the right to have recourse to advisers and independent experts.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. Coherent national policy. Following its previous comments, the Committee notes the Government’s indication that no strategies have been prepared yet for specific sectors in Finland. The Committee requests the Government to indicate whether it envisages taking measures to adopt a strategy for the agricultural sector, after consultation with the social partners.

Article 5. Labour inspection in agriculture. The Committee refers the Government to its comments adopted in 2022 under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Article 19(b). Minimum accommodation standards. The Committee notes the concerns of the SAK in its observations under the Convention, indicating that, because regulations governing accommodation are enforced by several public authorities, no single agency bears primary responsibility. The SAK indicates that employees housed in facilities provided by the employer have reported miserable conditions. The Committee requests the Government to indicate the measures taken or envisaged to ensure the enforcement of accommodation standards for agricultural workers.

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The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK), communicated with the Government’s report.

With reference to its previous comment, the Committee notes the information provided by the Government on the effect given to Article 6(3) of the Convention concerning the measurement of the concentration of benzene.

Article 9. Medical examination of workers. With reference to its previous comments, the Committee notes the information provided by the Government on the training of future occupational hygienists and the training of licenced physicians in occupational health care, but that no further information is provided on the measures taken to ensure that all workers concerned undergo pre-employment and periodic medical examinations. The Committee requests the Government to provide detailed information on the measures taken to ensure that all workers employed in work processes involving exposure to benzene or to products containing benzene undergo pre-employment and periodic medical examinations.

Application in practice. With reference to its previous comment, the Committee notes that the Government indicates that the Finnish Institute of Occupational Health collects information on worker exposure to benzene using both air measurements and biological samples and that, considering the number of workers exposed to benzene has remained steady for many years, preventive procedures should be developed, including the provision of information and the induction and training of workers. According to the statistics provided by the Government, 1,675 workers (1,557 men and 118 women) were exposed to benzene in 2012 and the most common occupations of exposed workers included mechanics or repairpersons working on motor vehicles, aircrafts and agricultural and industrial machines, plastic processing machine operators, and oil or gas refinery process operators. The Committee also notes that the SAK continues to express concerns as regards the exposure of workers to benzene. The SAK observes that the number of workers exposed to benzene, as reported in the register for workers at risk of exposure to carcinogenic substances and processes (ASA register), has not decreased in the past decade. The SAK also states that the exposure of workers is not comprehensively assessed and that approximately 2,000 to 3,000 workers in the motor fuel supply chain and 8,000 service station workers can occasionally be exposed to benzene. The Committee requests the Government to provide information on the preventive measures that have been taken with a view to decrease the number of workers exposed to benzene or decreasing products containing benzene. It also requests the Government to continue to provide information on the application of the Convention in practice, including statistics on the number of workers exposed to benzene or products containing benzene, the number and nature of infringements reported and the measures taken to address them, and the number and nature of cases of occupational disease reported.

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The Committee notes the information and new legislation provided which gives further effect to the Convention. The Committee also notes in particular, the Decree of the Ministry of Social Affairs and Health on the classification criteria and labelling rules for chemicals (807/2001). The Committee further notes the communication from the Central Organization of Finnish Trade Unions (SAK) included in the Government’s report.

Article 6(3) of the Convention. Measurement of the concentration of benzene. With reference to its previous comments, the Committee notes that the Government in its report refers to section 7 of the government Decree on Chemical Agents at Work (715/2001), which applies to the measurement of binding limit values of chemicals (benzene) and to risk assessment related to benzene, include monitoring biological samples. The Committee also notes the statistics provided by the Finnish Institute of Occupational Health on benzene exposure measurements between 2004–07, in particular, 16 people working in the oil refinery industry and contaminated soil treatment duties exceeded the threshold limit. The Committee asks the Government to indicate how it ensures in practice that the prescribed maximum limits of exposure to benzene are not exceeded at the workplace, including workplaces in the oil refinery industry.

Article 9. Medical examination of workers. The Committee notes the Government’s publication of Medical examinations in occupational health care, which includes instructions for the medical examination of people at risk from exposure to benzene. The Committee also notes in regard to this aspect the concern expressed by the SAK regarding the lack of physicians or occupational hygiene experts working in occupational safety and health enforcement. The Committee requests the Government to indicate measures taken to ensure that all workers concerned undergo pre-employment and periodic medical examinations and that such medical examinations are carried out under the responsibility of a qualified physician, approved by the competent authority, or of various categories of physicians whose qualifications or functions make them especially competent to carry out such examinations.

Part IV of the report form. Application in practice. The Committee notes the statistics provided by the Government, in particular, the 2007 report highlighting that 1,565 workers (1,461 men and 104 women) were exposed to benzene, that the number of workers exposed varied between 1,400 and 1,700 over the last ten years, but that it is not known whether these cases of exposure were the result of procedures undertaken in breach of regulations. The Committee requests the Government to continue to provide similar and up-to-date information with its forthcoming reports, including extracts from inspection reports with information on the number and nature of infringements reported.

Part V of the report form. Observations of SAK. The Committee notes that in response to the concerns previously raised by the SAK, the Government indicates that the regional administrative agencies’ inspectors receive training in chemical-related safety and surveillance issues and that communication and cooperation with stakeholders on chemical-related issues ensures that employers are made aware of their responsibilities. The Committees notes, however, that, in its most recent communication, the SAK notes that benzene exposure still occurs in Finnish workplaces and that it is not always understood that gasoline contains benzene. The SAK also highlights that a survey by the Finnish Institute of Occupational Health shows the need for a substantial increase in the frequency of occupational hygiene measurements, as well as for taking into account benzene exposure through the skin. The Committee requests the Government to indicate measures envisaged in response to the comments raised by the SAK.

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1. The Committee notes the Government’s report. It also notes the observations of the Central Organization of Finnish Trade Unions (SAK) on the application of the Convention. It notes with interest the adoption of the Occupational Safety and Health Act (738/2002), the Council of State Decree on Prevention of the Risk of Cancer in the Workplace (716/2001), the Council of State Decree on Chemical Agents in the Workplace (715/2001) and the Decree of the Ministry of Social Affairs and Health Relating to Criteria for the Classification of Chemicals and Labelling (807/2001) which give effect to the provisions of the Convention.

2. Article 6, paragraph 3. Measurement of the concentration of benzene. The Committee notes the indication of the Government that there are no official guidelines for the measurement of benzene values. Recalling that Article 6, paragraph 3, of the Convention requires the competent authority to issue directions on carrying out the measurement of the concentration of benzene in the workplace, the Committee requests the Government to indicate the measures taken or envisaged in this regard.

3. Article 9. Medical examination of workers. The Committee notes the indication of the Government that a new Council of State Decree on Health Examinations (1485/2001) has been adopted based on the new Occupational Health Care Act (1383/2001). It also notes the indication of the Government that the guidance notes in respect of health examinations relating to the exposure of workers to certain chemicals including benzene are in the process of being revised and will be published in the near future. The Committee requests the Government to indicate the progress made in this respect and to transmit a copy of the guidance notes, when adopted.

4. Part IV of the report form. Practical application of the Convention. The Committee notes the statistics in respect of the number of workplace inspections carried out by the Occupational Safety and Health Inspectorates of the Occupational Safety Administration for the period 2002-04. The Committee requests the Government to furnish in its next report information on the number of establishments in the country where workers are exposed to benzene or products containing benzene, the number of such workers, disaggregated by sex, if this information is available, the number and nature of the contraventions detected and the measures taken in this respect.

5. Part V of the report form. Observations of SAK. The Committee takes note of SAK’s observations that the use of benzene is not under control and that this is primarily due to the fact that employers are unaware of their obligations and that the occupational health service is not competent. In addition, SAK indicates that the Occupational Safety and Health Inspectorates do not have sufficient knowledge about chemical substances and are unable to monitor and give advice on related matters in the workplace. The Committee requests the Government to respond to these observations in its next report.

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1. The Committee notes with interest the detailed information provided by the Government in its report concerning the application of Article 11, paragraph 1, of the Convention.

2. The Committee would request the Government to continue to supply information regarding the manner in which the Convention is applied in practice in the country, including, for instance, any pertinent extracts from inspection reports and any statistics available on the number of workers covered by the relevant legislation and other measures, and the number and nature of contraventions reported, as requested under Part IV of the report form.

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The Committee notes the information supplied in the Government's latest report concerning the Council of State decision (1043/91) and the Ministry of Labour decision issued thereunder which ensure that pregnant employees shall not be engaged in work involving exposure to benzene. It further notes the Government's indication in its report that, because of the Finnish social security system and working culture, breast-feeding mothers are not in practice engaged for work which involves exposure to benzene. The Committee requests the Government to provide further information concerning the manner in which the social security system and the working culture, or any other measures, ensure, in effect that nusing mothers (including those previously engaged in work processes involving exposure to benzene) shall not be employed in work involving exposure to benzene for the entire nursing period, in conformity with Article 11, paragraph 1, of the Convention.

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1. With reference to its previous direct request, the Committee notes the Government's reply and the comments made by the Finnish Employers' Confederation (STK), the Employers' Confederation of Service Industries (LTK) and the Central Organisation of Finnish Trade Unions (SAK) on the application of Article 11, paragraph 1, of the Convention. It notes that section 9 of Act No. 27 of 16 January 1987 amending the Labour Protection Act provides that the employer shall take all measures necessary to protect the health of workers from accidents and illness, and that in evaluating risk factors connected with working conditions account is taken of the risk for genetic and foetal damage. The Committee observes that this provision does not appear to be specific enough to ensure that women medically certified as pregnant and nursing mothers are not employed in work processes involving exposure to benzene or products containing benzene, as required by paragraph 1 of Article 11 of the Convention. The Committee therefore requests the Government to indicate in its next report the measures taken or envisaged to ensure that, in practice, section 9 of Act No. 27 is interpreted as prohibiting the employment of such women in work involving exposure to benzene or products containing benzene. Please supply copies of any administrative circular or court decision to this effect.

2. The Committee notes that the Government's report does not contain a reply to the other points raised in its previous direct request. It therefore again requests the Government:

- to provide examples of the special measures provided for under section 4 of Resolution No. 355 of 12 June 1982, to prevent benzene vapour from being dispersed in the surrounding air of premises where benzene or products containing benzene are manufactured, handled or used (Article 6, paragraph 1, of the Convention);

- to indicate (a) if under section 7 of Resolution No. 355 the Workers' Protection Board has granted exceptions to its application, and (b) if the Minister for Social Affairs and Health has issued more detailed provisions governing its application under section 8 of this resolution.