Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Finland (Ratification: 1979)

The Committee notes the information provided, including references made to new legislation adopted including, in particular, the information provided regarding Act No. 400 of 2008, requiring machinery to be designed and constructed in such a way that the safety and health risks caused by noise pollution and machine-generated vibration are reduced to the lowest possible level. The Committee notes the information provided regarding effect given to Articles 4(2), 8, 11(1), (2) and 15 of the Convention. The Committee further notes the comments from the Central Organisation of Finnish Trade Unions (SAK) included in the Government’s report and the comments from the Finnish Construction Trade Union, a member of SAK, attached to the report on the application of the Occupational Cancer Convention, 1974 (No. 139).

Article 4(1) of the Convention. Prevention and control of air pollution. The Committee also notes the comments made by the Finnish Construction Trade Union that, regardless of the Decree on Construction Work Safety (205/2009), which entered into force in 2009, and lays down provisions for measuring the exposure limit values for dust and chemicals in workplace air by the employer, the occupational safety and health authorities have not set any requirements for employers to conduct these measurements. Noting that the Government does not address these comments in its report under this Convention or under Convention No. 139, the Committee asks the Government to respond to them in its next report.

Article 6(2). Shared workplaces. With reference to its previous comments, the Committee notes the Government’s response that the occupational safety authorities supervise safety and health of shared workplaces as part of its normal supervision. The Committee requests the Government to provide further information on the practical application of sections 49–55 of Occupational Safety and Health Act No. 738, of 2002, and Chapter 5a of Act No. 44, of 2006, in regard to workplaces where two or more employers undertake activities simultaneously.

Article 9. Technical measures. The Committee notes SAK’s comments that instead of taking the measures required under Article 9, enterprises are simply substituting personal protective equipment for them. Noting that the Government does not address these comments in its report, the Committee asks the Government to respond to them in its next report.

Article 11(3). Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure to air pollution, noise and vibration is medically inadvisable. The Committee notes the Government’s response that, generally, employers have to allocate workers to tasks not involving a risk to their health and safety. However, if an employer is unable to do so, an assessment should be made as to whether the employment relationship should be terminated. The Committee further notes the information that, according to the Employment Accidents Act (608/1948), compensation for an injury or illness covers the employee’s medical treatment, daily allowance, accident pension, handicap allowances, costs and loss of income arising out of physical therapy, and that this Act seems only to cover situations where an illness or health impairment has been declared. However, the Committee notes that the scope of Article 11 is wider, in that it also includes situations before any damage has occurred but after a medical determination that continued assignment is considered inadvisable. The Committee requests the Government to indicate measures taken or envisaged to ensure that every effort is made to provide a worker, whose continued assignment to work involving exposure to noise and vibration is medically inadvisable, with suitable alternative employment or to maintain their income through social security measures in accordance with this provision of the Convention.

Article 12. Notification to competent authority. With reference to its previous comments, the Committee notes the Government’s response that, the occupational safety authorities monitor exposure to occupational hazards due to air pollution, noise and vibration. The Committee notes that no information has been provided in regard to the Committee’s previous requests, and therefore reiterates its requests for the Government to provide information in its next report on measures taken or envisaged to ensure full application of Article 12 of the Convention, and to provide comments on the concerns expressed by SAK with respect to the reporting procedure and the supervision of products and markets at all levels.

Article 14. Research. The Committee notes with interest the information provided by the Government in regard to research undertaken into the health effects of exposure to hand-arm vibration among metalworkers and on air impurities due to pellet storage. The Committee requests the Government to continue to provide information with respect to evaluation and management of risks due to air pollution, vibration and noise at the workplace. With reference to SAK’s previous comments, the Government is also requested to provide specific information on OSH developments in SMEs, regarding research with respect to noise and developments concerning hearing damage.

Article 16(b). Inspection services. The Committee notes the statistical information provided by the Government in regard to inspections made by the occupational safety and health authorities, in particular, that there has been a decrease in the number of inspections, workplaces inspected and time used at the inspections from 2008 to 2009. The Committee requests the Government to provide further information on the causes for the above decreases and on measures taken or envisaged to address this aspect.

Part IV of the report form. The Committee notes the statistics on occupational accidents and diseases based on noise and vibration. The Committee further notes the comments made by SAK, that air quality measurements are conducted infrequently even though the air contains harmful dust and solvents, including mould spores and toxins produced by moisture damage. The Committee also notes that this is partially due to the fact that employers do make sufficient use of outside experts and the OSH authorities have limited resources. The Committee asks the Government to respond to SAK’s comments and to continue to give a general appreciation of the manner in which the Convention is applied in the country, including relevant statistics.