Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Occupational Cancer Convention, 1974 (No. 139) - Finland (Ratification: 1977)

In its previous comments the Committee requested the Government to provide information concerning the practical application of the Convention, in particular as concerns the means for ensuring accurate registration of workers exposed to carcinogenic substances. The Committee notes the information provided by the Government in its report. It also notes the comments by the Central Organisation of Finnish Trade Unions (SAK), the Finnish Confederation of Salaried Employees (STTK), the Union of Finnish Metal Workers and the Union of Construction Workers.

Article 1 of the Convention. The Committe notes that by Decision No. 838/93 the list of carcinogenic substances has been complemented. It notes however the indication in the Government's report that this list differs from that established by the International Agency for Cancer Research (IARC) which includes substances such as silica dust, wood dust, diesel exhaust gases and formaldehyde. The Committee requests the Government to indicate whether workers are exposed to these substances and agents, and to provide information on measures envisaged or adopted to take account of the latest information available inter alia from the IARC in the periodic determination to be made under this Article of the Convention.

Articles 2, 3, 5 and Part IV of the report form. The Committee takes note of government Decision No. 1182/92 on the prevention of cancer risk at work and in particular sections 19 to 21 thereof, which provide for the keeping by the employer of a list of carcinogenic agents used or present at the workplace and products containing such agents; of workers exposed and , if available, the degree of exposure; the storage of data and a special register (section 19); identification of exposure in general (section 20); and determination of annual exposure (article 21). The Committee notes that according to SAK the register does not cover all persons exposed to a notifiable degree, due to inadequate risk assessment as well as to insuffficient inspection. The Committee also notes the comments by the Finnish Metal Workers Union that workers under short-term employment and those who have been exposed earlier in some other work remain outside the follow-up. The Committee notes the Government's indication in its report that preventive effects of the register (ASA register) are difficult to measure, that cancer morbidity among those reported in the register have been followed experimentally only once, but that it is intended to repeat the follow-up in 1996-97. The Committee requests the Government to provide information on the outome of the internal follow-up as well as on the comments by SAK and the Metal Workers Union.

The Committeee notes the information provided by the government in its report that according to the register (ASA register) a total of 14,846 workers in 1,693 work departments were exposed to carcinogenic substances in 1993, 5.4 per cent less than in 1992, the most usual substances being chromic (VI) compounds, nickel and its compounds, asbestos, benzene and polycyclic aromatic hydrocarbons. The Committee also notes that in 1990-93 the Institute of Occupational Health carried out a comprehensive study during which about 3,000 new asbstos-related occupational diseases were identified; 80 to 160 cancers from exposure to asbetos were reported in 1992-94. In 1993 from 164 cancers reported as occupational diseases, 162 were caused by asbestos.

The Committee notes the comments by the Union of Construction Workers that despite the fact that the use of asbestos is prohibited the danger remains for workers engaged in demolition work of old constructions containing asbestos. While work with asbestos is subject to licence and supervision by inspection, 10 to 20 per cent of work involving asbestos is executed without due notification, the risk of occupational cancer deriving from asbestos remaining thus alarmingly high. In addition the trade union considers that methods of early diagnosis and follow-up are not always adequate and that the sick person might be left without treatment or compensation when cancer appears. The Committee also notes the comments by STTK that there have been a few cases in which the investigation of causes of a suspected cancer have been inadequate.

The Committee requests the Government to provide information on the measures taken or envisaged to reduce to the minimum compatible with safety the number of workers exposed to carcinogenic substances or agents and the duration and degree of such exposure, and to ensure that all workers exposed to carcinogenic substances or agents are provided with medical examinations during employment and thereafter. It requests the Government to provide information on the comments by the Union of Construction Workers in relation to exposure of workers to asbestos.