Observación (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

Convenio sobre el medio ambiente de trabajo (contaminación del aire, ruido y vibraciones), 1977 (núm. 148) - Finlandia (Ratificación : 1979)

The Committee notes with interest the information provided in the Government's report in reply to its previous observation with respect to penalties imposed in accordance with Article 16 of the Convention. It further notes the statements made by the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK) and the Central Organization of Finnish Trade Unions (SAK), communicated with the Government's report concerning the application of the Convention.

In its previous comments, the Committee had noted the concerns raised by the Finnish workers' organizations (SAK and TVK) that the measures taken by the Government were insufficient for meeting the requirements of Article 8 because there were not enough limit values with respect to air pollution, noise and vibration which were legally binding on the employers. In this regard, the employers' organizations had stated that the creation of the Council for the Assessment of Health Risks of Chemicals and the Chemical Labour Protection Advisory Council had improved the administrative arrangements necessary for the application of this Article of the Convention.

In its latest report, the Government refers to the Council of State Decision (920/92) which provides that the Ministry of Labour may fix concentrations of airborne impurities known to be dangerous which the employer must take into account when assessing the hazards of the workplace and workers' exposure (section 6). By virtue of this Decision, these concentrations must be set in the light of scientific knowledge and, in particular, must take into account the reference limit values published by the Commission of the European Communities. Furthermore, section 5 of the Decision provides that the Council of State shall, if necessary, separately fix binding limit values for workplace air impurity which, if exceeded, shall require the employer to take immediate action to reduce the levels of exposure.

In their latest observations, the Central Organization of Finnish Trade Unions (SAK) states that the grounds used to assess occupational hazards caused by air impurities, noise and vibration are still deficient and that there is still too little monitoring of the working environment and assessment of exposure. In reply, the employers' organizations (TT and LTK) stated that the Convention did not call for binding limit values in a categoric fashion and recalled that Finnish legislation did lay down some binding limit values, for example, with respect to noise exposure.

The Committee would recall that Article 8 of the Convention calls for the competent authority to establish criteria for determining the hazards of exposure to air pollution, noise and vibration in the working environment and, where appropriate, to specify exposure limits on the basis of these criteria. Under Article 4, measures are to be prescribed for the prevention and control of, and protection against, occupational hazards due to air pollution, noise and vibration. Exposure limits may be necessary in order to ensure the effective protection of workers' health with respect to air pollution, noise and vibration. The Committee notes the indication in the Government's report that new limit values will be worked out as scientific grounds for determining the risks posed by chemical substances become clear. The Government has further indicated that the proposals will be processed by the tripartite Chemical Labour Protection Advisory Council. The Committee requests the Government to supply information on any new limit values set either by the Council of State under section 5 of Decision 920 of 1992 or by the Ministry of Labour under section 6.