Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Radiation Protection Convention, 1960 (No. 115) - Finland (Ratification: 1978)

General observation of 2015. The Committee wishes to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

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

Articles 3(1) and 6(1) of the Convention. Effective protection of workers in light of available knowledge; maximum permissible doses. In its previous comment, the Committee noted the SAK’s observations that the dose limits for work-related exposure to radiation defined by the Radiation and Nuclear Authority (STUK) should be stricter on the current research data. The Committee welcomes the Government’s indication in its report that, to implement the new Council Directive 2013/59/EURATOM which establishes new dose limits for the exposure of workers to radiation stricter than the present dose limits in Finland, the Ministry of Social Affairs and Health has started the process to comprehensively reform radiation legislation, and that the SAK is involved in the sub-working group which deals with the sections concerning workers. The Committee notes that, in its last observations, the SAK also refers to this legislative reform. The Committee invites the Government, in the process of reforming its radiation legislation, to take into consideration the indications contained in its general observation of 2015. It requests the Government to provide a copy of any new legislation concerning radiation, once adopted.

Article 12. Medical examinations. With reference to its previous comment, where it noted the SAK’s concerns that health inspections are not carried out on all workers, the Committee notes the Government’s indication that under section 33 of Radiation Act 1512/1991, the medical surveillance of category-A workers (that is, workers whose effective dose caused by their work exceed 6 mSv per year) shall be executed by the approved medical practitioner before the radiation work begins and at least once a year in the course of work. The Committee also notes the indication that during the 2010–15 period, the STUK observed two instances where the health surveillance of a category-A radiation worker was neglected and consequently issued a corrective order. The Government states that the STUK has not observed the manifestation of such negligence especially among short-term workers but that it will pay more attention to this issue in its future inspections. The Committee also notes the Government’s indication that Council Directive 2013/59/EURATOM contains provisions on the protection of outside workers. The Committee takes note of this information.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee notes the Government’s indication, in reply to its request for information, that occupational health care experts monitor the health of workers exposed to radiation and, when necessary due to health reasons, recommend stopping the exposure. If the employer is unable to offer alternative employment to the worker, the accident insurance company can provide compensation for the costs of vocational rehabilitation or, if rehabilitation is not an option, due to for example age or other illnesses limiting a person, there is a possibility for the worker to be provided with a disability pension. The Committee takes note of this information.

Application in practice. With reference to its previous comments where it noted the indication of the SAK that the occupational health-care provisions are not supervised and no statistics are available on the implementation of statutory health inspections, the Committee takes note of the information provided by the Government according to which occupational health and statutory medical examinations are supervised through occupational safety inspections, whose guidelines provide that if the employer has neglected to arrange medical examinations in work that presents a special risk of illness, the inspector issues an improvement notice to the workplace. The Committee also notes that according to the Social Insurance Institution of Finland, an average of one million occupational medical examinations are performed annually and that 17 per cent of examinations in 2011 and 20 per cent in 2012 were performed because of a special risk of illness.