Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Finland

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) (Ratification: 1979)
Chemicals Convention, 1990 (No. 170) (Ratification: 2014)
Prevention of Major Industrial Accidents Convention, 1993 (No. 174) (Ratification: 2013)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 148 (working environment (air pollution, noise and vibration)), 170 (chemicals) and 174 (prevention of major industrial accidents) together.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

Article 6(2) of the Convention. Collaboration of two or more employers at one workplace. The Committee notes the Government’s indication, in reply to its previous request, concerning the elements that are being controlled by the OSH authorities in regard to workplaces where two or more employers undertake activities simultaneously.

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 indication, in reply to its previous request, that where the continued assignment of a worker involving exposure to noise and vibration is considered medically inadvisable, it is now common practice to organize consultations at the workplace level with the worker and employer, an occupational health-care expert, a safety and health representative or a shop steward or other support person. Where an employer is unable to offer an assignment without the inadvisable exposure, a request may be made to the accident insurance company for the compensation of costs for vocational rehabilitation, for example from retraining for work without exposure to air pollution, noise or vibration.

Articles 4, 9, and 16(b). Measures to ensure the protection of workers against hazards from air pollution, noise and vibration. The Committee previously noted the observations made by the Central Organization of Finnish Trade Unions (SAK) concerning the prioritization by enterprises of the removal of occupational hazards over the use of personal protective equipment, as well as their insufficient measurements to control the exposure of workers to air pollution in enterprises, particularly small and medium enterprises (SMEs). In this respect, the Committee notes the Government’s reference to the guidance provided by the competent authorities, particularly targeted at SMEs, on means for removing hazards from air pollution, vibration and noise, and on air measurements. The Committee also notes the Government’s indication that additional resources would be required to intensify control measurements of air pollution by the OSH authorities. Concerning the control activities of the OSH authorities, the Committee notes from the statistical information provided in the 2016 Annual Report of the OSH Administration in Finland that there appears to be a general positive trend in the number of OSH inspectors and inspections. However, it also notes from the statistics provided in the Government’s report that the number of accidents caused by noise and vibration was rising (from 121 in 2009 to 254 in 2013). The Committee requests the Government to provide detailed statistical information on the inspections conducted in the area of air pollution, noise and vibration, the violations detected and the measures taken as a result, with particular reference to the decisions issued by the OSH authorities to remove the cause of occupational hazards, and the number of air measurements undertaken by the OSH authorities. The Committee also requests the Government to continue to provide information on the developments in recent years concerning the number of workplace accidents caused by noise and vibration, as well as the number of cases of occupational disease.

Article 12. Control of the use of processes, substances, machinery and equipment. The Committee previously noted the Government’s indication that there are no notification requirements for employers with regard to the use of processes, substances, machinery and equipment which involve exposure of workers to occupational hazards, but that the OSH authorities monitor exposure to occupational hazards from air pollution, noise and vibration at the workplace level.

With regard to the previous observations made by the SAK concerning major deficiencies in the supervision of products resulting in the exposure of workers to risks from air pollution, noise and vibration, the Committee notes the Government’s indication that the market surveillance by OSH authorities of machinery and equipment controls the information and instruction requirements where machinery exceeds the statutory value limits with regard to noise and vibration, but not the entry of such machinery on the market. In the absence of any notification and authorization procedures, the Committee requests the Government to provide detailed information on how the competent authorities ensure the control of processes, substances, machinery and equipment, which are likely to expose workers to risks resulting from air pollution, noise or vibration.

Article 14. Research in the field of prevention and control of hazards. The Committee notes the information provided by the Government, in response to its previous request concerning the evaluation of risks due to air pollution, vibration and noise at the workplaces, including in SMEs.

Chemicals Convention, 1990 (No. 170)

The Committee notes the Government’s first report.

Article 5 of the Convention. Advance notification and authorization. Classification and labelling of chemical substances. In its comment on the application of the Occupational Cancer Convention, 1974 (No. 139) published in 2016, the Committee noted that the tripartite Advisory Committee on Occupational Safety Regulation was about to begin work on a legislative reform, and that this reform would include provisions concerning the obligation to register certain chemicals with carcinogenic potential. The Committee requests the Government to provide information on any relevant developments, including on any modified legislative requirements concerning the nature of hazardous chemicals and substances to be notified and authorized, classified and labelled.

Article 12(d). Obligations of employers concerning exposure. Duration for maintaining records. The Committee notes the provisions in the national legislation on the obligations of employers, particularly in the Government Decree on Chemicals at Work (No. 715/2001), giving effect to Article 12(a), (b) and (c) of the Convention. The Committee notes that the Government does not provide information on the duration of records of the monitoring of the working environment and the exposure of workers using hazardous chemicals to be kept. The Committee therefore requests the Government to provide information on the duration of the monitoring requests to be kept, as prescribed by the competent authority (Article 12(d)).

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the Government’s first report.

Article 4 of the Convention. Coherent national policy concerning the protection of workers, the public and the environment against the risk of major accidents. The Committee notes the Government’s indication in its report that the tripartite Advisory Committee on Safety Technology of the Ministry of Employment and Economy drafted a major accident prevention policy related to the use of dangerous chemicals. The Committee requests the Government to provide a copy of that major accident prevention policy.

Articles 9(f) and (g) and 20(c). Consultation of workers and their representatives on the documented system of major hazard control, safety report, emergency plans and procedures and accident reports. The Committee notes that the Government refers to the general provisions on cooperation with workers at the enterprise level in the Occupational Safety and Health Act (738/2002) and the Act on Occupational Safety and Health Enforcement and the Cooperation on Occupational Safety and Health at Workplaces (44/2006). However, the Committee notes an absence of information on the measures taken to give effect to the requirements of Article 20(c) concerning the consultation of workers in the preparation of the safety report of the installation, the emergency plans and the procedures and accident reports. It also notes an absence of information on measures giving effect to the requirements of Article 9(f) and (g) concerning consultation with workers and their representatives on the system of major hazard control, and the discussion with them on the lessons learned concerning the improvement of that system. The Committee requests the Government to specify whether there are specific provisions giving effect to the consultation requirements of workers and their representatives as provided for in Articles 9(f) and (g) and 20(c) of the Convention.