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

Finland

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1950)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1974)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee considers it appropriate to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes the joint observations of the Central Organization of Finnish Trade Unions (SAK) and the Confederation of Unions for Professional and Managerial Staff in Finland (AKAVA), attached to the Government’s report.

Articles 3, 4, 5(a), 6, 7, 10, 11, 16, 20 and 21 of Convention No. 81 and Articles 6, 7, 8, 12, 14, 15, 21, 26 and 27 of Convention No. 129. Impact of the reform of the administration services on the organization and effective functioning of the labour inspection services. In its previous comments, the Committee noted the reform of the administration services, including the labour inspection services, initiated in 2010–11. In this regard, the Committee recalls that the SAK, the AKAVA and the Finnish Confederation of Professionals (STTK) previously expressed doubts as to the organization of occupational safety and health (OSH) services as part of regional state administrations, emphasizing in particular their concerns as to the impartiality of the labour inspection staff. In this regard, the Committee also notes the observations made by the AKAVA attached to the Government’s report provided in 2015 under the Occupational Safety and Health Convention, 1981 (No. 155), in which the trade union expresses its concerns that the abolition of OSH inspectorates and the merging of the OSH authority with the state regional administration have made accessing the OSH authority more difficult for “private customers”.

Concerning the impact of the abovementioned reform, the Committee notes the Government’s indication in its report that: (i) the reform has not affected the resources allocated to labour inspection, nor the number of labour inspectors or the number of labour inspections; (ii) the relocation of offices into the same buildings as the regional state administration agencies has decreased rent and made it easier to make use of shared office services; (iii) Parliament has published a document stating, among other things, that the independence of inspections continues to be secured, but that there appeared to be a negative attitude towards the effects of the reform among labour inspectorate staff. In this regard, the Committee notes that the Ministry of Finance established a working group to identify the reasons behind this dissatisfaction and to find solutions. The Committee also notes the Government’s reference to the report on the evaluation of the Finnish system of labour inspection by the Senior Labour Inspectors Committee (SLIC), attached to the Government’s report (hereinafter: “the SLIC report”). While the Government emphasizes the findings in the report that the new organizational structure is an efficient system that is in line with the principles of the SLIC, the Committee notes that the SAK and the AKAVA, in their joint observations, emphasize that, while the report points to positive developments, it also highlights areas for development. The Committee requests that the Government provide information on any steps taken as a result of the findings of the working group established at the Ministry of Finance, in so far as they have an impact on the organization and functioning of the labour inspection services.

The Committee previously noted the Government’s indication that the new supervisory software data system, “VERA”, had been partly implemented and should increase the efficiency of inspections through improved time management. In this regard, the Committee notes the Government’s indication that the full introduction of the system has been slightly delayed, but that once in full use, data should be available on the results concerning the implementation of their system. The Committee also notes the observations made by the SAK and the AKAVA concerning certain weaknesses in the VERA system, as observed by the SLIC evaluation group, including a lack of uniform operating methods and a time-consuming procedure.

In this regard, the Committee notes that the evaluation team stated that the VERA system is a very comprehensive system for reporting, record keeping and information collection and recommended that, to improve the efficiency in the labour inspectors work, the VERA system should also contain information related to previous inspections. The Committee requests that the Government continue to provide information on the operation, functioning and results of the new supervisory data system “VERA”, as well as provide any follow-up given to the recommendations made in the SLIC report.

Articles 3(1)(b), 9 and 14 of Convention No. 81 and Articles 6(1)(b), 11 and 19 of Convention No. 129. Notification of occupational accidents and diseases. The Committee previously noted that the SAK, the AKAVA and the STTK expressed concern at the failure to report suspected cases of occupational accidents and diseases, as well as doubts with regard to the reliability of relevant statistics. On the other hand, the Government indicated that the reporting mechanism worked reasonably well in practice, and that awareness-raising measures had been undertaken for its improvement.

In this regard, the Committee notes that the Government, in reply to the Committee’s previous request, describes the system for the recording and notification of serious and fatal industrial accidents (reporting obligation of employers) and cases of occupational disease (reporting obligations of medical doctors). However, the Committee also notes that the Government does not describe the procedure for the notification of industrial accidents (which are neither serious nor fatal). The Committee further notes the indication of the Government that awareness-raising measures among employers were undertaken on their reporting obligations and that an updated report form on occupational diseases was communicated to medical doctors. Concerning the raising of awareness about typical cases of occupational diseases in the agricultural sector, the Government also indicates that, during inspection visits in agricultural workplaces, information is provided to employers and workers concerning the most common occupational diseases, such as respiratory allergies, dermatopathies, noise traumata and stress injuries. The Committee requests that the Government describe the procedure for the notification of industrial accidents (that are neither serious nor fatal), and specify the obligations of employers in suspected cases of occupational disease. It also requests that the Government continue to provide information on any measures taken or envisaged to improve the system of notifying and recording occupational accidents and cases of occupational disease.

Article 5(a) of Convention No. 81 and Article 12 of Convention No. 129. Cooperation between the labour inspection services and other public or private services exercising similar functions. The Committee notes that the SAK and the AKAVA refer to the findings in the SLIC report concerning the insufficient cooperation between the labour inspection services and occupational health-care providers. The trade unions recall that, according to the findings in this report, the effective cooperation between these services would contribute to a higher degree of compliance with OSH regulation. The Committee requests that the Government provide information on the measures taken to promote cooperation between the labour inspection services and the occupational health-care providers.

Articles 10, 15(c) and 16 of Convention No. 81 and Articles 14, 20(c) and 21 of Convention No. 129. Coverage of workplaces by labour inspection and confidentiality of complaints. The Committee previously noted the Government’s confirmation, in relation to relevant observations made by the SAK, the AKAVA and the STTK, that less than 10 per cent of all workplaces were inspected every year and that some inspections were conducted in writing without an inspection of the workplace. It noted the Government’s indication that, while the reasons for the decrease had not been ascertained, inspections following complaints had increased by about 500 in 2012.

In this regard, the Committee notes that, according to the findings of the SLIC report: (i) although there are still few inspections per year, there appears to be a positive trend towards an increasing number of labour inspections (the key aim from 2012 to 2015 had been to increase the number of inspections without compromising their quality); (ii) the balance between announced and unannounced inspections is a concern to both social partners as announced inspections are primarily undertaken and unannounced inspections are the exception; (iii) OSH inspections in micro-enterprises (which employ a large part of the workforce), are rarely undertaken. The Committee also notes from the information provided by the Government in its report under Convention No. 155, that the number of labour inspections and the number of workplaces covered by inspections has increased from 2010 to 2013. The Committee also notes the recommendations made in the report, that: (i) a sufficient number of regular and unannounced inspections (that is to say not in response to a complaint) be undertaken to ensure that when inspections are conducted as a result of a complaint, the confidentiality of the complaint can be ensured; and (ii) the effective monitoring of the compliance with legal provisions including in micro-enterprises be ensured. The Committee requests that the Government ensure that, in accordance with Articles 10 and 16 of Convention No. 81 and 14 and 21 of Convention No. 129, the number and frequency of labour inspections is sufficient to ensure the effective discharge of inspection duties and compliance with the respective legal provisions in all workplaces, including in micro-enterprises. In this regard, it requests that the Government provide information on the follow-up given to the recommendations made in the SLIC report.

Issues specifically concerning labour inspection in agriculture

Article 6(1)(a)–(b) of Convention No. 129. Enforcement and preventive activities in the area of OSH in agriculture. The Committee previously noted the Government’s indication in its report that action plans for the five OSH divisions of the regional state administration agencies included “a primary production monitoring campaign for 2012–13 in agriculture and forestry”, which focused on work in the grey economy and was aimed at ensuring healthy and safe working conditions and methods, including the safety of machines and equipment and the supervision of OSH services in enterprises. In this regard, the Committee understands from the information provided by the Government that about 4.4 per cent of all workplace inspections in 2013 and 2014 concerned the agricultural sector, but that it is not possible to provide information on the abovementioned campaign, as coordination between the OSH divisions of the regional state administration agencies only began in 2014. The Committee also notes the information provided by the Government in response to its previous request on the preventive activities of the labour inspectorate (advisory activities during inspections) and on other actors in the agricultural sector, such as the Finnish Institute of Occupational Safety and Health. The Committee once again requests that the Government provide information on the results of any inspection campaigns undertaken in the agricultural sector (including information on the violations detected, the legal provisions concerned, proceedings initiated, remedies applied and sanctions imposed), and the impact of this campaign on the conditions of work and the protection of workers in agriculture, including information on the number of cases in which workers found to be in an irregular situation have been granted their due rights.

Article 9 of Convention No. 129. Qualification and training of labour inspectors in agriculture. The Committee previously requested that the Government provide information on how it is ensured that labour inspectors possess the required qualifications and technical knowledge to perform their duties adequately in the agricultural sector, particularly in light of the information that the two specialist inspectors in agriculture in each of the five OSH services in the regional administrative agencies will not be replaced by sector-specific inspectors once they retire. In this regard, the Committee notes the information provided by the Government on the training provided in 2013 to 16 labour inspectors on the main risks and hazards in agriculture (including occupational accidents and diseases in the agricultural sector, physical, biological and chemical exposure to agents, phytosanitary work, personal protective equipment and machine safety). The Committee requests that the Government continue to provide information on the training courses provided to labour inspectors in areas particularly relevant to agriculture.

Articles 26 and 27 of Convention No. 129. Publication and communication of an annual report containing information on the activities of the labour inspection services in the agricultural sector. The Committee notes the reiterated indication of the Government that it is not possible to include sector-specific statistics in the annual reports of the OSH administration. The Committee urges the Government to take the necessary steps to ensure publication of statistics on the work of the inspection services in agriculture, whether as a separate part or as a part of the annual report of the OSH administration, as required by Article 26, containing the information as required by items (a)–(g) of Article 27.