Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

1. The Committee notes the information contained in the Government’s report and the observations of the Central Organization of Finnish Trade Unions (SAK), which were attached thereto.

2. Article 1, paragraphs 1 and 3, of the Convention. List of carcinogenic substances and agents. The Committee notes with interest that the Government continues to expand the compilation of the index of carcinogens, most recently by Ordinance No. 1014 of 4 December 2003 of the Ministry of Social Affairs and Health, amending Appendix A of Ministry of Labour Decision No. 838 of 1993 on carcinogenic agents at work, adding to the list wood dust of oak or poplar. It also notes that formaldehyde is classified as a carcinogenic substance. With respect to work carried out with asbestos, the Committee refers to its comments under Convention No. 162. With respect to the International Agency for Research on Cancer (IARC) classifications of carcinogenic substances and agents, the Committee notes the Government’s statement that it fully applies the list established by the European Union (European Directive No. 67/548/EEC, Annex I). It provides the explanation that in Finland the determination of carcinogenic substances and agents is linked to the employers’ legal obligation to report for registration all workers exposed to carcinogenic substances and agents. It notes the Government’s statement that due to this it is not practical to register workers exposed to all substances and agents enumerated by the IARC. However, the Committee feels obliged to once again refer to its general comments on the application of Conventions on occupational safety and health that it made in 1997, paragraph 68, that "there is a difference between international standards and regional standards in the approach adopted to occupational safety and health problems and the manner in which they are to be addressed. The incorporation of regional standards into national legislation is not always sufficient to meet the requirements of the international standards of the ILO. States should therefore be reminded that greater attention should be paid to these standards in the revision and formulation of national laws and regulations." The Committee notes the Government’s statement that the Finnish Institute of Occupational Health has applied the IARC list in assessment projects and that it disseminates this list to workplaces, particularly the information that all substances that are possibly, likely and definitely carcinogenic shall be treated as carcinogens in the workplace. Noting that the list of reference for the application of the present Convention is the list established by the IARC, the Committee requests the Government to indicate measures taken to ensure that the list applicable in the country is brought into conformity with the IARC list of carcinogenic substances and agents.

3. Article 2. Carcinogenic substances and agents replaced by non-carcinogenic or less carcinogenic ones. The Committee notes with interest the adoption of the Ordinance of the Council of States on chemical agents in the workplace (Ordinance No. 717 of 2001), replacing the Council of States’ Decision No. 920 of 1992. It notes in particular section 9 ensuring the employers’ obligation either to eliminate or minimize the dangers or risks that chemical substances present for workers and to limit workers’ exposure thereto as far as it is technically possible, in accordance with the Convention. The Committee requests the Government to provide with its next report examples of chemical substances that have been effectively replaced by non-carcinogenic or less carcinogenic ones, as well as details regarding the manner in which this has been done.

4. Article 3. Registration of workers exposed to carcinogenic substances and agents. The Committee notes with interest the adoption of the Act on registers of workers occupationally exposed to carcinogenic substances and processes, Act No. 717 of 17 August 2001, replacing Act No. 1038 of 1993. It notes that employers now also have to provide information with respect to the recorded levels of exposure workers have been subject to (section 2(5)) and that this information shall be kept for a period of 80 years (section 5). With respect to recording information in the ASA register on the exposure of workers employed on short-term contracts - a question raised by SAK both previously and in its observations attached to the Government’s most recent report - the Committee notes that the Government considered that it may be justified to record information on workers in short-term employment, if the period of exposure exceeds 40 days but that it would be problematic to determine such a period of exposure if the worker would be employed under several employment contracts and at different workplaces. The Committee notes SAK’s concerns regarding the application of these rules in practice and that according to a report by the labour market parties, the occupational safety and health protection of workers in atypical employment relationships - such as temporary workers and part-time workers - is insufficient - in particular as regards the exposure to asbestos. The Committee requests the Government to respond in its next report to the concerns raised by SAK and to provide information on measures taken or envisaged to ensure that appropriate information regarding all workers’ exposure to carcinogenic substances and agents is duly recorded.

5. Article 6, paragraph (c). National legislation and labour inspection. The Committee notes with interest the numerous amendments to the current occupational safety and health legislation, particularly the adoption of Occupational Health Care Act No. 1383 of 21 December 2001 and Occupational Safety and Health Act No. 738 of 23 August 2002. It notes in this respect the observations submitted by SAK concerning the Occupational Safety and Health Inspectorate’s chemical expertise and the resources available for monitoring. In this respect, the Committee notes the Government’s statement that it is in the process of adopting new guidelines on how to carry out health inspections. The Committee hopes that the Government will take into account the concerns of SAK when adopting the new guidelines for labour inspections and requests the Government to provide copies of these guidelines once they have been adopted.