Finland - 2016

1.1 Description of OSH regulatory framework

2.1 Health and safety covers physical and psychological health

2.2 Definition of worker

• 2.2.1 Coverage of particular categories of workers

  Summary/citation: The Occupational Safety and Health Act applies to work carried out under the terms of an employment contract and to work carried out in an employment relationship in the public sector or in comparable service relation subject to public law. However, the act does not apply to the following activities:
  - ordinary hobby activities or professional sports activities
  - military practice and training and directly related work performed by persons serving in the Finnish Defence Forces.
  

  • Occupational Safety and Health Act (738/2002). (2, 6)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

  • 2.2.1.1 Migrant workers

    Summary/citation: The Occupational Safety and Health Act applies to migrant workers working in Finland in the same manner, irrespective of whether they are in a direct employment relationship with a Finnish employer or whether they are employed as posted workers.

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    

  • 2.2.1.2 Domestic workers

    Summary/citation: The Occupational Safety and Health Act also applies to work which an employee by agreement performs in his or her home or some other place he or she has chosen, in the employer’s home or on the employer’s assignment in some other person’s home or under related conditions. (section 5 of the Occupational Safety and Health Act)

    As a rule, the safety and health requirements laid down in the Occupational Safety and Health Act apply to work performed at home in the same manner as to work performed in other work situations. However, when these employer’s obligations are applied, consideration is given to the employer’s restricted ability to influence the work and working conditions.
    

    • Occupational Safety and Health Act (738/2002). (5)

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    • Domestic Workers Convention, 2011 (No. 189) Direct Request 2018
    

  • 2.2.1.4 Self-employed persons

    Summary/citation: Except for work performed at shared workplaces, self-employed persons are outside the scope of the legislation.

    However, the Occupational Safety and Health Act contains a separate provision on the obligations of self-employed persons on shared construction sites (section 53 of the Occupational Safety and Health Act).
    

    • Occupational Safety and Health Act (738/2002). (53)

2.3 Definition of employer

2.4 Exclusion of branches of economic activity

• 2.4.1 Agriculture

  Summary/citation: Under section 2(1) of the Occupational Safety and Health Act, the act applies to work performed under the terms of an employment contract. This provision also applies to the agricultural sector.

  • Occupational Safety and Health Act (738/2002). (2 (1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  

• 2.4.2 Construction

  Summary/citation: Under section 2(1) of the Occupational Safety and Health Act, the act applies to work performed under the terms of an employment contract. This provision also applies to the construction sector.

  Under section 7 of the Occupational Safety and Health Act, the act also applies to main contractors, clients or other persons on shared construction sites directing or supervising a construction project (section 7(1)(2) of the Occupational Safety and Health Act).

  The Occupational Safety and Health Act contains separate provisions on the obligations of the main contractors, clients and self-employed persons on shared construction sites (sections 52 and 53 of the Occupational Safety and Health Act).
  

  • Occupational Safety and Health Act (738/2002). (2,7,52,53)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 1996
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 1988
  • Safety and Health in Construction Convention, 1988 (No. 167) Observation 2010
  • Safety and Health in Construction Convention, 1988 (No. 167) Direct Request 2015
  

• 2.4.3 Services

  Summary/citation: Under section 2(1) of the Occupational Safety and Health Act, the act applies to work performed under the terms of an employment contract. This provision also applies to services.

  • Occupational Safety and Health Act (738/2002). (2 (1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 2.4.4 Public sector

  Summary/citation: Under section 2(1) of the Occupational Safety and Health Act, the act applies to work performed in an employment relationship in the public sector or in comparable service relation subject to public law.

  • Occupational Safety and Health Act (738/2002). (2 (1))

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Labour Clauses (Public Contracts) Convention, 1949 (No. 94) Direct Request 2016
  

• 2.4.5 Other

  Summary/citation: The Occupational Safety and Health Act does not apply to military practice and training and directly related work performed by persons serving in the Finnish Defence Forces. (section 6 of the Occupational Safety and Health Act).

  Likewise, the act does not apply to ordinary hobby activities or professional sports activities (section 2(2) of the act).

  The act does not apply to ordinary hobby activities or professional sports activities. (section 2(2) of the Occupational Safety and Health Act).

  • Occupational Safety and Health Act (738/2002). (2,6)

  Related CEACR Comments
  • Safety and Health in Mines Convention, 1995 (No. 176) Direct Request 2015
  

2.5 Definition of occupational accident

2.6 Definition of occupational disease

• 2.6.1 List of occupational diseases

  Summary/citation: Provisions on the list of occupational diseases are contained in the Government Decree on the List of Occupational Diseases (769/2015). The decree contains the diseases that are considered to have a probable causal link, established through medical research, to physical, chemical or biological agents. Compensation for occupational diseases is provided for these diseases if is established that the employee has been exposed to an agent referred to in the decree in conditions referred to in section 26 of the Occupational Accidents, Injuries and Diseases Act to such extent that the exposure may have been the main cause of the disease and it has not been clearly established that the disease has any other causes. (section 27 of the Occupational Accidents, Injuries and Diseases Act)

  The list of occupational diseases only includes diseases caused by physical, chemical and biological agents because only diseases caused by those agents can be considered as occupational diseases under the Occupational Accidents, Injuries and Diseases Act (459/2015). If an agent that has caused a disease cannot be classified as physical, chemical or biological, the disease cannot be defined as an occupational disease referred to in the Act. However, no problems related to this have been noticed in Finland. It has been notified that the restriction mainly means that diseases caused by mental factors cannot be compensated as occupational diseases. There is no list of potential occupational diseases (diseases that could in the future be defined as occupational diseases).

  • Occupational Accidents, Injuries and Diseases Act (459/2015) (26, 27)

• 2.6.2 Mechanism for compensating other diseases as occupational ones

  Summary/citation: In Finland, the concept of occupational disease has not been restricted to diseases listed in the list of occupational diseases. Under the Occupational Accidents, Injuries and Diseases Act (459/2015), an occupational disease means a disease which probably mainly results from the employee’s exposure to physical, chemical or biological agents at work. The list of occupational diseases includes diseases that are considered as the most common occupational diseases, and agents causing them are listed there too. The list is not exhaustive or restricting. A disease can be compensated as an occupational disease even it is not mentioned in the list if the causal relationship between the disease and an exposing agent referred to in the act can be proved with sufficient probability.

  • Occupational Accidents, Injuries and Diseases Act (459/2015) (26)

3.1 Competent national authority for safety and health at work

• 3.1.1 Objectives, roles and/or functions

  Summary/citation: The Occupational Safety and Health Administration, operating under the auspices of the Ministry of Social Affairs and Health, is responsible for the regional direction of occupational safety and health and enforcement of occupational safety and health legislation at regional level. (section 1 of the Act on Occupational Safety and Health Administration)

  In order to promote occupational safety and health, the Occupational Safety and Health Administration shall

  1) develop safe and healthy working practices;
  2) supervise, through inspections and research, compliance with occupational safety and health provisions and regulations when this is the statutory task of the Occupational Safety and Health Administration;
  3) ensure that the measures necessary for the planning and development of occupational safety and health are carried out;
  4) provide advice, information, and training in occupational safety and health matters and conduct research in the subject;
  5) issue instructions, advice and opinions on the application of the occupational safety and health provisions and regulations;
  6) issue instructions, advice and training in occupational safety and health matters for self-employed persons and plan and develop occupational safety and health for their needs;
  7) engage in close cooperation with employer and employee organisations in the field of occupational safety and health; and
  8) carry out all other tasks that are separately laid down as its duties.
  (section 2 of the Act on Occupational Safety and Health Administration)
  

  • Act on Occupational Safety and Health Management (16/1993). (1,2)

• 3.1.2 Chairperson and composition

  No data available.
  

3.2 National OSH research programme or institute

• 3.2.1 Objectives, roles and/or functions

  Summary/citation: “The task of the Finnish Institute of Occupational Health is to carry out and promote research on the interaction between work and health and, as part of this work, process personal data so that it can study and monitor the health of employees. The Finnish Institute of Occupational Health also carries out studies and measurements concerning the prevention and elimination of health risks and hazards occurring at workplaces or elsewhere in the working environment and provides services in this area. The Finnish Institute of Occupational Health carries out independent health care, medical care and laboratory activities aimed at establishing, treating and preventing occupational, work-based and work-related diseases and for assessing work ability. The Finnish Institute of Occupational Health carries out training, publication and information activities pertaining to its sector and carries out the other tasks laid out as its duties.” (section 2 of the Act on the Operations and Financing of the Finnish Institute of Occupational Health (159/1978)).

  • Finnish Institute of Occupational Health

  • Act on the Operations and Financing of the Finnish Institute of Occupational Health (159/1978) (2)

  • Ordinance respecting the activities and financing of the Occupational Health Institute.

• 3.2.2 Governance board constitution and chairmanship

  Summary/citation: Provisions on the Finnish Institute of Occupational Health are laid down in the Act on the Activities and Financing of the Institute of Occupational Health (159/1978).

  • Act on the Operations and Financing of the Finnish Institute of Occupational Health (159/1978)

• 3.2.3 Source of funding

  Summary / Citation: In the State budget, the central government yearly approves the Institute’s activities and transfers funds to cover four fifths of the budget of the Institute approved by the Ministry of Social Affairs and Health.

  Within the limits of the State budget, the Finnish Institute of Occupational Health can also be given extra central government subsidies for carrying out research and service activities in the field of occupational health and safety and occupational healthcare, or for activities that need special support. Sections 3a and 3b lay down provisions on funding of medical specialist training in the field of occupational healthcare, organised in accordance with a training programme approved by a university.

  • Act on the Operations and Financing of the Finnish Institute of Occupational Health (159/1978) (3, 3a, 3b)

3.3 National OSH programme

• 3.3.1 Consultation on the national OSH programme

  Summary/citation: The Ministry of Social Affairs and Health adopted the social affairs and health policy strategy, Socially Sustainable Finland 2020, in 2011. Policies for the work environment and well-being at work specify the strategy. The policies pay particular attention to OSH areas related to work environment and wellbeing at work. The policies include the national policy referred to in the Convention of the International Labour Organization (ILO) on the Promotional Framework for Occupational Safety and Health (Convention no. 187).

  • Policies for the work environment and well-being at work until 2020 2011

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

4.1 Duty to ensure the health and safety of employees

4.2 Duty to protect the health and safety of people other than their own employees

4.3 Collaboration among two or more employers at the same workplace

4.4 Surveillance of workers’ health in relation to work

• 4.4.1 Specific hazards for which surveillance is required

  No data available.
  

4.5 Surveillance of the working environment and working practices

4.6 Duty to provide personal protective equipment

4.7 Duty to ensure the usage of personal protective equipment

4.8 Duty to provide first-aid and welfare facilities

• 4.8.1 Arrangements for first-aid

  Summary / Citation: “The employer shall see to the provision of first aid for the employees and other persons present in the workplace in a manner required by the number of employees, the nature of the work and the working conditions. In accordance with the work and working conditions, the employees shall be
  provided with instructions on the measures to be taken in order to receive first aid in the case of an accident or illness.

  Taking into consideration the extent and location of the workplace, the number of employees and the nature of the work and the other working conditions, an adequate supply of appropriate first aid equipment shall be available in appropriate and clearly marked places in the workplace or in its immediate vicinity.

  In the workplace, there shall be premises suitable for giving first aid whenever the number of em-ployees, the nature of the work or the other working conditions so require.” (section 46 of the Oc-cupational Safety and Health Act)

  “The first aid room or other space intended for first aid must be located and dimensioned so that it is easily accessible to stretchers. The adequacy and appropriateness of the first aid equipment and its place of storage must be checked on a monthly basis in case of accident or illness.” (section 8 of the Government Decree on Safety and Health Requirements in the Workplace)
  

  • State Council Ordinance (No. 577 of 2003) respecting occupational safety and health requirements. (8)

  • Occupational Safety and Health Act (738/2002). (46)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 4.8.2 Sanitary installations

  Summary / Citation: Taking into consideration the nature and duration of the work and the number of the employees, adequate and appropriately fitted rooms for washing, dressing and keeping of clothes as well as toilet rooms shall be available for use by the employees in the workplace or in its immediate vicinity. (section 48(1) of the Occupational Safety and Health Act).

  “If necessary, the washing rooms shall be heated and there must be a supply of warm water for washing. They must also have the required washing equipment and, if necessary, bathing equipment and showers or a sauna. If the washing rooms are separated from the changing rooms there must be easy communication between the two. If necessary, separate washing, changing and break rooms and toilets shall be provided for men and women.” (section 6 of the Government Decree on Safety and Health Requirements in the Workplace)
  

  • State Council Ordinance (No. 577 of 2003) respecting occupational safety and health requirements. (6)

  • Occupational Safety and Health Act (738/2002). (46)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 1993
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  

• 4.8.3 Drinking water

  Summary / Citation: Under section 48 of the Occupational Safety and Health Act, an adequate supply of decent drinking water must be available to the employees (section 48 of the Occupational Safety and Health Act).

  • Occupational Safety and Health Act (738/2002). (48)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 1993
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  

• 4.8.4 Rest and eating areas

  Summary / Citation: “Taking into consideration the nature and duration of the work and the number of the employees, adequate and appropriately fitted dining rooms, break rooms and other personnel rooms shall be available for use by the employees in the workplace or in its immediate vicinity.” (section 48 of the Occupational Safety and Health Act)

  “Pregnant women and breast-feeding mothers shall, when necessary, have an opportunity to go to rest in a break room or other suitable place.” (section 48(2) of the Occupational Safety and Health Act)

  “The dining rooms and break rooms intended for the employees shall be appropriate and large enough. The room provided for this purpose shall be equipped with an adequate number of tables and seats with backs for the number of employees. The rooms shall have appropriate equipment for storing and heating the food and drinks that the employees have brought with them.” (section 4 of the Government Decree on Safety and Health Requirements in the Workplace)
  

  • State Council Ordinance (No. 577 of 2003) respecting occupational safety and health requirements. (4)

  • Occupational Safety and Health Act (738/2002). (46)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

5.1 Elements of an OSH management system

• 5.1.1 Policy or plan specifying responsibilities and arrangements for health and safety

  Summary/citation: “The employer shall have a policy for action needed in order to promote safety and health and to maintain the employees’ work ability. The policy must incorporate the need to develop the working conditions and the impact of the working environmental factors (occupational safety and health policy). The objectives for promoting safety and health and maintaining work ability deriving from the policy must be taken into account in the workplace development and planning, and they must be discussed together with the employees or their representatives.” (section 9 of the Occupational Safety and Health Act)

  • Occupational Safety and Health Act (738/2002). (9)

• 5.1.2 Appointment of a person for health and safety

  Summary/citation: The employer shall nominate his representative (occupational safety and health manager) for the cooperation, unless the employer himself wishes to take the position. It is the duty of the occupational safety and health manager to help the employer and the management in tasks relating to acquisition of expertise in occupational safety and health and to cooperation with employees and occupational safety and health authorities. For this purpose, it is the duty of the occupational safety and health manager to take necessary measures to organise cooperation between the employer and the employees and to maintain such cooperation in the workplace, as well as to contribute to the development of occupational safety and health cooperation.

  The occupational safety and health manager shall be adequately qualified regarding the nature of the workplace and the work, and the extent of the workplace. He or she shall also possess enough knowledge of occupational safety and health legislation and the conditions in the workplace. (sec-tion 28 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  The employer shall ensure that the workplace investigation is kept on display at the workplace for employees to read (Section 25 of the Occupational Health Care Act 1383/2001).
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (28)

  • Occupational Health Care Act (1383/2001). (25)

• 5.1.3 Written risk assessment

  Summary/citation: “The employer shall, taking the nature of the work and activities into account, systematically and adequately analyse and identify the hazards and risk factors caused by the work, working hours, working premises, other aspects of the working environment and the working conditions and, if the hazards and risk factors cannot be eliminated, assess their consequences to the employees’ safety and health.” (section 10(1) of the Occupational Safety and Health Act)

  “The employer shall be in possession of the analysis and assessment referred to in subsection 1. The analysis and assessment must be revised when the conditions essentially change, and they must also otherwise be kept up-to-date.” (section 10(3) of the Occupational Safety and Health Act)
  

  • Occupational Safety and Health Act (738/2002). (10)

• 5.1.4 Safe operating work systems and procedures

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 5.1.5 Training and information on risks

  Summary/citation: Under section 14 of the Occupational Safety and Health Act, employers shall give their employees necessary information on the hazards and risk factors of the workplace and ensure, taking the employees’ occupational skills and work experience into consideration, that:
  1) the employees receive an adequate orientation to the work, working conditions at the workplace, working and production methods, work equipment used in the work and the correct method of using it, as well as to safe working practices, especially before the beginning of a new job or task or a change in the work tasks, and before the introduction of new work equipment and new working or production methods;
  (2) the employees are given instruction and guidance in order to eliminate the hazards and risks of the work and to avoid any hazard or risk from the work jeopardising safety and health;
  (3) the employees are given instruction and guidance for adjustment, cleaning, maintenance and repair work as well as for disturbances and exceptional situations; and
  (4) the instruction and guidance given to the employees is complemented, when necessary.

  Further provisions on the instruction and guidance provided to employees are contained in government decrees.
  

  • Occupational Safety and Health Act (738/2002). (14)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 5.1.6 Review or assessment of the results of preventive measures

  No data available.
  

  Related CEACR Comments
  • Health Protection and Medical Care (Seafarers) Convention, 1987 (No. 164) Direct Request 2000
  

• 5.1.7 Consultation with workers in health and safety

  Summary/citation: “The employer shall in good time give the employees necessary information on any factors that affect safety and health in the workplace and other circumstances that have an effect on the working conditions as well as on any assessments and other analyses and plans concerning them. The employer shall also ensure that these matters are duly and in good time discussed between the employer and the employees or their representatives.” (section 17 of the Occupational Safety and Health Act)
  “In addition to what is otherwise provided, the issues to be handled in cooperation between the employer and employees include, among other things:
  1) matters immediately affecting the safety and health of any employee, and any changes in those matters;
  2) principles and manner of investigating risks and hazards at the workplace, as well as such factors generally affecting the safety and health of employees that have come up in connection with the investigation or a workplace survey carried out by an occupational health care organisation;
  3) development objectives and programmes relating to workplace health promotion or otherwise affecting the safety and health of employees;
  4) matters affecting the safety, health and work ability of employees and relating to the organisation of work or workload, or to any essential changes in the organisation or workload;
  5) need and arrangements for training, guidance and induction to be given to
  employees pursuant to acts enforced by the occupational safety and health authorities;
  6) statistics and other follow-up information relating to the work, working environment and the state of the work community and describing safety and health at work;
  7) follow-up of how the matters referred to in paragraphs 1-6 above have been carried out, and follow-up of their effects.
  The matters referred to in paragraphs 1-7 above shall be dealt with in due time considering the objectives of the cooperation, taking account of the time schedule for their preparation and carrying them out.” (section 26 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (26)

  • Occupational Safety and Health Act (738/2002). (17)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

5.2 Obligation to implement a specific OSH management system or standard

6.1 OSH competence

• 6.1.1 Requirement to access expert advice and/or support in health and safety

  • 6.1.1.1 Qualifications of experts or professional services

    Summary / Citation: The employer shall make sure that the experts have adequate competence and other qualifications needed for carrying out the task properly. Provisions on the use of occupational health care experts and professionals and on workplace surveys are contained in the Occupational Health Care Act (1383/2001). (section 10(2) of the Occupational Safety and Health Act)

    • Occupational Safety and Health Act (738/2002). (10)

    Related CEACR Comments
    • Occupational Health Services Convention, 1985 (No. 161) Direct Request 2016
    

6.2 Appointment of an OSH practitioner

• 6.2.1 Workforce size threshold for the appointment of OSH practitioners

  No data available.
  

7.1 Duty to take reasonable steps to protect their own safety and health

7.2 Duty to take reasonable steps to protect the safety and health of others

7.3 Supervisors’ duty to take reasonable steps to protect the safety and health of others

7.4 Senior officers’ duty to take reasonable steps to protect the safety and health of others

7.5 Self-employed persons’ duty to take reasonable steps to protect their own and other people’s health and safety

7.6 Duty to comply with OSH-related requirements

7.7 Right to enquire about risks and preventive measures

7.8 Right to remove themselves from a dangerous situation

7.9 Right to be reassigned to non-hazard work

• 7.9.1 Right to withdraw with compensation when workers are not reassigned to non-hazard work

  No data available.
  

8.1 National OSH committee, commission, council or similar body

• 8.1.1 Objectives, roles and/or functions

  No data available.
  

• 8.1.2 Constitution and chairmanship modalities

  No data available.
  

8.2 Employers’ duty to consult workers on risks

8.3 Workers’ right to select their representatives for health and safety matters

• 8.3.1 Workforce size conditions for workers’ representation in health and safety

  No data available.
  

• 8.3.2 Conditions of eligibility to represent workers in health and safety

  No data available.
  

8.4 OSH representatives’ functions, rights and powers

• 8.4.1 Right to inspect the workplace

  Summary / Citation: It is the duty of the occupational safety and health representative to become familiar, on his or her own initiative, with the environment of the workplace (section 31 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).

  The occupational safety and health representative must become familiar with the workplace conditions pertaining to safety and health at work by observing them on a regular basis and notify supervisors and the occupational safety and health manager and, if necessary, the occupational safety and health authorities of the defects and shortcomings that he or she has noticed.
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (31)

• 8.4.2 Right to access OSH information

  Summary / Citation: “The occupational safety and health representative is entitled to have access to the documents and records the employer is obliged to keep in accordance with occupational safety and health provi-sions. The representative also has a right to become familiar with such documents in possession of the employer which concern safety and health at work and are connected with the state of the working environment and work community. Additionally, the occupational safety and health representative is entitled to receive from the employer any information necessary for his or her cooperational duties,” (section 32(1) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  (The following was more generally meant to 8.4)
  The occupational safety and health representative represents the employees of the workplace when dealing with matters concerning the safety and health of the employees in cooperation with the employer, and in relation to occupational safety and health authorities. Additionally, it is the duty of the occupational safety and health representative to become familiar, on his or her own initiative, with the environment of the workplace, matters connected with the state of the work community and affecting the safety and health of employees, and with occupational safety and health legislation. The occupational safety and health representative shall also participate in inspections and expert investigations relating to occupational safety and health, if the expert or occupational safety and health authority considers the participation as necessary. The occupational safety and health representative shall also, for his or her own part, make the employees he or she represents pay attention to matters that promote safety and health at work. (section 31 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (32,31)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.4.3 Right to be present at interviews

  No data available.
  

• 8.4.4 Right to receive professional assistance from OSH experts

  No data available.
  

• 8.4.5 Right to accompany inspectors

  Summary / Citation: The occupational safety and health representative shall participate in inspections relating to occupational safety and health. (section 31 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (31)

• 8.4.6 Right to use facilities

  Summary / Citation: The employer shall, free of charge, assign a room on its premises for the occupational safety and health representative and the occupational safety and health committee for keeping and studying the documents relating to their duties, and a room for meetings that are necessary with regard to their duties. (section 41 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (41)

• 8.4.7 Right to have time off work with pay to perform duties

  Summary / Citation: The employer shall release the occupational safety and health representative from his or her regular work for carrying out his or her statutory duties for the reasonable period of time he or she needs to carry out the duties of an occupational safety and health representative, unless there is a sufficient reason that temporarily prevents the release. When defining the time for carrying out the duties of an occupational safety and health representative, the following factors shall be taken into
  account: number of employees the representative represents, regional extent of the workplace, number of personal workplaces there, nature of work to be carried out at those workplaces, factors depending on the organisation of work and affecting the quantity of the duties of the occupational safety and health representative, and other factors, as referred to in the Occupational Safety and Health Act, relating to workload and hazards and risk factors affecting the safety and the physical and mental health of employees. (section 34 of the Act on Occupational Safety and Health En-forcement and Cooperation on Occupational Safety and Health at Workplaces).

  “The employer shall compensate occupational safety and health representatives for any loss of income incurred due to taking care of representative’s duties during working hours. The compensation is calculated according to the regular income the occupational safety and health representative would have earned during the time he or she was taking care of the occupational safety and health duties.

  The employer shall pay a reasonable compensation for an occupational safety and health representative’s necessary duties carried out outside working hours of which the representative has informed the employer.” (section 35 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (34,35)

• 8.4.8 Right to issue remedial notices

  Summary / Citation: It is the duty of the occupational safety and health representative to
  become familiar, on his or her own initiative, with the environment of the workplace, matters con-nected with the state of the work community and affecting the safety and health of employees, and with occupational safety and health legislation. If the occupational safety and health representative notices defects or shortcomings he or she must notify supervisors and the occupational safety and health manager and, if necessary, the occupational safety and health authorities of the situation. (section 31 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (31)

• 8.4.9 Right to resolve OSH issues in consultation with employers

  No data available.
  

• 8.4.10 Right to direct that dangerous work cease

  Summary / Citation: If work causes immediate and serious danger to an employee’s life or health, the occupational safety and health representative is entitled to interrupt such work in so far as persons represented by them are concerned. (section 36(1) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (36)

8.5 Right of workers’ representatives from outside the undertaking to address OSH issues at the workplace

• 8.5.1 Right to enter the workplace

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.5.2 Right to investigate suspected non-compliance with OSH legislation

  No data available.
  

• 8.5.3 Right to consult with workers

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.5.4 Right to advise workers

  No data available.
  

• 8.5.5 Right to initiate enforcement action

  No data available.
  

8.6 Joint OSH Committee

• 8.6.1 Participation of workers’ representatives in joint OSH committee

  Summary / Citation: “When no other agreements are made on the number of members in the occupational safety and health committee, and on the representation of the parties, the number of committee members is four, eight or twelve, depending on the requirements set by the quality and extent of the workplace as well as other circumstances. A quarter of the members represent the employer, a half of the members represent the larger employee group (clerical or other employees), and a quarter represent the smaller employee group.” (section 39 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).

  The occupational safety and health representatives are members of the occupational safety and health committee.
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (39)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.6.2 Conditions for establishing a joint OSH committee

  Summary / Citation: At workplaces where at least 20 employees work regularly, an occupational safety and health committee shall be established for a period of two years at a time, unless another agreement has been made on the period. Both the employer and the employees of the workplace are represented in the committee. (Section 38 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (38)

• 8.6.3 Objectives, roles and/or functions of joint OSH committees

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 8.6.4 Keeping record of the work of joint OSH committees

  No data available.
  

• 8.6.5 Sharing the minutes of joint OSH committees meetings

  No data available.
  

8.7 Mandatory training for members of joint OSH committee(s)

8.8 Protection against reprisals

8.9 Immunity from civil and criminal liability for exercising OSH related rights and duties

9.1 Biological hazards

9.2 Chemical hazards

• 9.2.1 Handling, storage, labelling and use

  No data available.
  

  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Chemicals Convention, 1990 (No. 170) Direct Request 2018
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.2.2 Duty of manufacturers, suppliers and importers of chemicals in relation to the safety and health of users

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Chemicals Convention, 1990 (No. 170) Direct Request 2018
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.2.3 Pesticides

  No data available.
  

  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  

9.3 Ergonomic hazards

9.4 Physical hazards

• 9.4.1 Ionising radiation

  Summary / Citation: Under section 39(1) of the Occupational Safety and Health Act, employees’ exposure to thermal conditions, noise, pressure, vibration, radiation or other physical agents that cause hazards or risks to safety or health shall be reduced to such a level that no hazard or risk from these agents is caused to the employees’ safety or health or reproductive health. The purpose of the Radiation Act (592/1991) is also to prevent and limit health hazards and other detrimental effects of radiation.

  • Occupational Safety and Health Act (738/2002). (39)

  • Radiation Act (592/1991)

  Related CEACR Comments
  • Radiation Protection Convention, 1960 (No. 115) Observation 2010
  • Radiation Protection Convention, 1960 (No. 115) Direct Request 2016
  

• 9.4.2 Vibration and noise

  Summary / Citation: “Employees’ exposure to thermal conditions, noise, pressure, vibration, radiation or other physical agents that cause hazards or risks to safety or health shall be reduced to such a level that no hazard or risk from these agents is caused to the employees’ safety or health or reproductive health.” (section 39(1) of the Occupational Safety and Health Act)

  The Government Decree on Protecting Workers from Hazards caused by Noise (85/2006) contains further provisions on such issues as calculating exposure to noise, assessing and measuring noise, medical examinations of workers exposed to noise and a noise control programme. Provisions on vibration are contained in the Government Decree on Protecting Workers from Hazards Caused by Vibration (48/2005).
  

  • Council of State Ordinance (No. 85 of 2006) respecting protection of workers against risks caused by noise.

  • Ordinance No. 48 of 2005 by the Council of State on the protection of workers from risks caused by vibrations.

  • Occupational Safety and Health Act (738/2002). (39)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 1993
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Observation 1999
  • Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) Direct Request 2018
  

• 9.4.3 Working at height

  Summary / Citation: Chapter 4 of the Government Decree on the Safe Use and Inspection of Work Equipment (403/2008) contains provisions on the safety requirements for work at height. Provisions on construction work are also contained in the Decision of the Ministry of Social Affairs and Health on the use of Scaffolds and Guard Structures preventing Falls in Construction Work (156/1998).

  • Council of State Ordinance (403/2008) on the Safe Use and Inspection of Work Equipment.

  • Decision (No. 156 of 1998) of the Ministry of Social Affairs and Health respecting the use of scaffolds and fall protection systems in construction work.

  Related CEACR Comments
  • Safety Provisions (Building) Convention, 1937 (No. 62) Observation 1996
  • Safety Provisions (Building) Convention, 1937 (No. 62) Direct Request 1988
  

• 9.4.4 Working in confined spaces

  No data available.
  

• 9.4.5 Risks arising from poor maintenance of workplace facilities

  Summary / Citation: Workplace structures, materials and fittings and equipment shall be safe and healthy for employees. They must be safe to handle, repair and clean.

  The means of access, passages, means of egress as well as rescue access routes, work platforms and other areas where employees move due to their work shall be safe and they shall be kept in a safe condition. (section 32 of the Occupational Safety and Health Act)

  The order and cleanliness required by safety and health shall be ensured in workplaces. Cleaning shall be carried out in such a way that no hazard or risk is caused to the employees’ safety or health. (section 36 of the Occupational Safety and Health Act)
  

  • Occupational Safety and Health Act (738/2002). (32,36)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 1993
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  

• 9.4.6 Exposure to extreme temperatures

  Summary / Citation: “Employees’ exposure to thermal conditions, noise, pressure, vibration, radiation or other physical agents that cause hazards or risks to safety or health shall be reduced to such a level that no hazard or risk from these agents is caused to the employees’ safety or health or reproductive health.” (section 39(1) of the Occupational Safety and Health Act)

  There are no statutory limit values for temperatures in working premises. When the temperature is determined, consideration must be given to the nature of the work, the manner in which the work is performed and the production methods, as well as any harm caused to the employee. If the temperature cannot be adjusted in accordance with health requirements, the exposure time must be shortened.
  

  • Occupational Safety and Health Act (738/2002). (39)

  Related CEACR Comments
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Observation 1993
  • Hygiene (Commerce and Offices) Convention, 1964 (No. 120) Direct Request 2015
  

• 9.4.7 Fire risks

  Summary / Citation: If the working conditions so require, workplaces shall be provided with the necessary alarm, fire safety, life saving and rescue systems and equipment. The employees shall be given necessary instructions on the use of such systems and equipment, as also in the case of fire, drowning or other risk. Instructions shall also be given regarding the measures to be taken in the case of fire, taking the conditions in the workplace into consideration. When necessary, the instructions shall be kept available in the workplace for inspection by the employees. When necessary, exercises shall be arranged. (section 45 of the Occupational Safety and Health Act)

  • Occupational Safety and Health Act (738/2002). (45)

• 9.4.8 Tobacco

  Summary / Citation: Provisions on the premises in which smoking is prohibited are contained in section 12 of the To-bacco Act (693/1976). Following negotiation with employees or their representative, employers are required to prohibit or restrict smoking so that employees are not involuntarily exposed to tobacco smoke on any working premises at the workplace where smoking is not prohibited. (section 13(4) of the Tobacco Act)

  “In work that involves the danger of exposure to tobacco smoke, the employer must assess the nature, amount and duration of the exposure of the employees and the dangers to employees’ health and safety and take the necessary measures.” (section 2(1) of the Government Decision on Environmental Tobacco Smoke and the Combating of the Associated Risk of Cancer at Work)
  

  • Decision No. 1153 of 1999 by the Council of State concerning in-air tobacco smoke and combating the associated risks of cancer at work. (2)

  • Act No. 693 of 1976 on measures to restrict smoking (12,13)

• 9.4.9 Asbestos

  Summary / Citation: The Act on Certain Requirements Concerning Asbestos Removal Work (684/2015) contains provisions on the qualifications of workers removing asbestos, asbestos removal licenses and the registers concerning them.

  Further provisions on the occupational safety and health requirements concerning asbestos work are contained in the Government Decree on the Safety of Asbestos Work (798/2015). The purpose of the decree is to reduce and prevent exposure to asbestos at work.
  

  • Government Decree on the Safety of Asbestos Work (798/2015)

  • Act on Certain Requirements Concerning Asbestos Removal Work (684/2015)

  Related CEACR Comments
  • Asbestos Convention, 1986 (No. 162) Observation 1999
  • Asbestos Convention, 1986 (No. 162) Direct Request 2016
  

• 9.4.10 Risks related to nanotechnology

  No data available.
  

• 9.4.11 Contraction of HIV in the workplace

  No data available.
  

9.5 Psychosocial hazards

• 9.5.1 Psychosocial risks

  Summary / Citation: The objective of the Occupational Safety and Health Act is to improve the working environment and working conditions in order to ensure and maintain the work ability of employees as well as to prevent occupational accidents and diseases and eliminate other hazards from work and the working environment to the physical and mental health of employees. (section 1(1) of the Occupational Safety and Health Act)

  Under section 13 of the Occupational Safety and Health Act, in designing and planning work, the physical and mental capacities of employees shall be taken into account in order to avoid or reduce hazards or risks from the workload factors to the safety and health of the employees.

  Under section 25 of the Occupational Safety and Health Act, “if it is noticed that an employee while at work is exposed to workloads in a manner which endangers his or her health, the employer, after becoming aware of the matter, shall by available means take measures to analyse the workload factors and to avoid or reduce the risk.”

  If harassment or other inappropriate treatment of an employee occurs at work, the employer, after becoming aware of the matter, shall by available means take measures for remedying this situation. (section 28 of the Occupational Safety and Health Act)

  The Occupational Safety and Health Act also contains provisions on lone working (section 29), night work (section 30) and work pauses (section 31).
  

  • Occupational Safety and Health Act (738/2002). (1,13,25,28-31)

• 9.5.2 Occupational violence

  Summary / Citation: “The work and working conditions in jobs entailing an evident threat of violence shall be so arranged that the threat of violence and incidents of violence are prevented as far as possible. Accordingly, appropriate safety arrangements and equipment needed for preventing or restricting violence and an opportunity to summon help shall be provided at the workplace.” (Section 27(1) of the Occupational Safety and Health Act).

  “The employer shall draw up procedural instructions for such jobs and workplaces as referred to in subsection 1. In the instructions, controlling threatening situations must be considered in advance and practices for controlling or restricting the effects of violent incidents on the employees’ safety must be presented. When necessary, the functioning of the safety arrangements and equipment must be checked.” (section 27(2) of the Occupational Safety and Health Act).
  

  • Occupational Safety and Health Act (738/2002). (27)

9.6 Other hazardous substances

9.7 Machineries

• 9.7.1 Risks related to machinery and tools

  Summary / Citation: “The employer must systematically analyse and evaluate the safety of the work equipment. This has to be done especially in connection with changes in production or work methods. When carrying out the evaluation, attention must be paid to the hazards and risks caused by the work equipment and its moving parts, external structure, physical and chemical properties, automatic functions, electricity, and other hazards and risks caused by the work and working conditions.

  If the use of the equipment causes any hazard or risk, the employer must immediately take any necessary measures to eliminate the hazard or risk. The hazard must primarily be eliminated through technological measures relating to the structure or environment of the work equipment, like with the help of devices preventing access to the danger zone, or devices stopping the movement of dangerous parts before the danger zone. When the hazards cannot be eliminated through technological measures, safe use of the work equipment must be ensured by using guidance, warning devices, safety signs and personal protective equipment.” (section 4 of the Government Decree on the Safe Use and Inspection of Work Equipment)

  (The following was meant more generally to 9.7; the sources are under 9.7)
  Provisions on the use of machines, work equipment and other devices are contained in section 41 of the Occupational Safety and Health Act:
  “Only such machinery, work equipment and other devices may be used at work that comply with the applicable provisions and that are suitable and fit for the work and working conditions concerned. Their correct installation and necessary safety devices and markings shall also be ensured. The use of machinery, work equipment and other devices shall not in any other respect cause hazard or risk to the employees working with them or other people at the workplace.”

  The Government Decree on the Safe Use and Inspection of Work Equipment (403/2008) and the Government Decree on the Safety of Machines (400/2008) also contain provisions on these matters.

  • Council of State Ordinance (403/2008) on the Safe Use and Inspection of Work Equipment. (4)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  

• 9.7.2 Duty of designers and/or manufacturers of machineries in relation to the occupational safety and health of operators of machineries

  Summary / Citation: Provisions on the obligations of the manufactures of machinery, work equipment, personal protective equipment and other technical devices are contained in the Act on the Conformity of Certain Technical Devices to Relevant Requirements (1016/2004). Under section 4 of the act “the manufacturer shall design and manufacture a technical device with its structures, equipment and other properties so that the device is fitted for its function and, when used in the intended way, it does not cause a risk of accident or harm to health. If the risk of accident or harm to health cannot be eliminated adequately enough in any other way, appropriate protective measures shall be used in the manufacture. Effective warnings of the risks and harmful effects shall be given. Personal protective equipment must be effective against the dangers from which it is to provide protection.”
  

  • Act No. 1016 of 2004 on the compliance with requirements of technical equipment.

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  

• 9.7.3 Duty of designers, manufacturers, importers or suppliers of machineries to provide machineries information

  Summary / Citation: Before placing machinery on the market or putting it into service, the manufacturer or its authorised representative shall equip the machinery with the necessary information, such as instructions. (section 5(1)(3) of the Government Decree on the Safety of Machines)

  • Government Ordinance (400/2008) on Machinery Safety. (5)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  

• 9.7.4 Duty to purchase machineries from authorised/certificated suppliers or only if approved/certificated

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Guarding of Machinery Convention, 1963 (No. 119) Direct Request 2015
  

• 9.7.5 Maintenance of machinery and equipment

  Summary / Citation: “Machinery, work equipment and other devices shall be used, maintained, cleaned and serviced appropriately. Access to the danger zones of machinery or work equipment shall be restricted by means of their construction, placement, guards or safety devices or by other suitable means. Necessary preparations for servicing, adjustments, repairs, cleaning, disturbances and other exceptional situations shall be made to ensure that they do not cause any hazard or risk to the employees’ safety or health.” (section 41(2) of the Occupational Safety and Health Act)
  

  • Occupational Safety and Health Act (738/2002). (41)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  

  • 9.7.5.1 List of equipment where applicable

    No data available.
    

    Related CEACR Comments
    • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
    • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
    

9.8 Provisions to protect workers in specific condition of vulnerability

• 9.8.1 Protection of pregnancy at work

  Summary / Citation: “If work or working conditions may cause a particular risk to a pregnant employee or the unborn child and the hazard cannot be eliminated, the employer shall aim to transfer the employee to suitable work tasks for the time of pregnancy.” (section 11(2) of the Occupational Safety and Health Act)

  “The assessment of factors causing danger to fetal development or pregnancy must already take place in connection with the planning of the working environment and working conditions.

  The workplace survey must involve the identification of the occurrence of factors causing danger to fetal development or pregnancy at the workplace and the work tasks in which such dangers occur. If necessary, occupational hygiene measurements, biological exposure measurements and other identification methods commonly used in occupational health care shall be used.” Section 5 of the Decision of the Ministry of Social Affairs and Health on Factors Causing Danger to Fetal Development and Pregnancy and Assessment of the Danger.
  

  • Occupational Safety and Health Act (738/2002). (11)

  • Decision of the Ministry of Social Affairs and Health on Factors Causing Danger to Fetal Development and Pregnancy and Assessment of the Danger (931/1991) (5)

  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.8.2 Protection of lactating women at work

  No data available.
  

  Related CEACR Comments
  • Safety and Health in Agriculture Convention, 2001 (No. 184) Direct Request 2015
  • Benzene Convention, 1971 (No. 136) Direct Request 2015
  

• 9.8.3 Limits to women’s access to specific occupations, undertakings or shifts

  No data available.
  

• 9.8.4 Limits to workers’ access to specific occupations, undertakings or shifts by reason of age

  Summary / Citation: Provisions on the protection of young workers under the age of 18 are contained in the Young Workers’ Act and the Government Decree on Work that is Especially Harmful and Dangerous to Young Workers (475/2006).

  A person may be admitted to work if he or she has reached the age of 15 and is not liable to com-pulsory school attendance. (section 2(1) of the Young Workers’ Act)

  Further provisions on the protection of young workers are contained in the Government Decree on Work that is Especially Harmful and Dangerous to Young Workers (475/2006), Ministry of Social Affairs and Health Decree on a Non-Exhaustive List of Light Work Tasks suitable to Young Workers (189/2012) and the Ministry of Social Affairs and Health Decree on a Non-Exhaustive List of Work Tasks Dangerous to Young Workers (188/2012).
  

  • Ordinance (188/2012) respecting a register of examples of work that is considered particularly harmful and dangerous for young workers.

  • Ordinance (189/2012) respecting a register of examples of light work that is considered particularly suitable for young workers

  • Ordinance (No. 475/2006) respecting work that is considered particularly harmful and dangerous for young workers.

  • Young Workers' Act (998/1993). (2)

  Related CEACR Comments
  • Minimum Age Convention, 1973 (No. 138) Observation 1989
  • Minimum Age Convention, 1973 (No. 138) Direct Request 2003
  

10.1 Duty to record and/or investigate the causes of work accidents, near misses incidents and cases of occupational diseases

• 10.1.1 Work-related accidents

  Summary / Citation: The employer must immediately notify the police and the Regional State Administrative Agency of an occupational accident referred to in the Occupational Accidents, Injuries and Diseases Act (459/2015) causing death or severe injury. The police must carry out a police investigation at the accident site without delay. (section 46 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  The Workers’ Compensation Center maintains a register of occupational accidents and occupational diseases, which contains information about loss events, insurance policies, the insured and compensations (section 235 of the Occupational Accidents, Injuries and Diseases Act).
  

  • Occupational Accidents, Injuries and Diseases Act (459/2015) (235)

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (46)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 10.1.2 Near miss incidents

  No data available.
  

• 10.1.3 Occupational diseases

  Summary / Citation: If a doctor suspects, with justification, an occupational disease referred to in the Occupational Accidents, Injuries and Diseases Act, or other work-related illness he or she shall, secrecy provisions notwithstanding, notify the Regional State Administrative Agency of the matter without delay. (section 46a of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  The Workers’ Compensation Center maintains a register of occupational accidents and occupational diseases, which contains information about loss events, insurance policies, the insured and compensations (section 235 of the Occupational Accidents, Injuries and Diseases Act).
  

  • Occupational Accidents, Injuries and Diseases Act (459/2015) (235)

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (46a)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

10.2 Employers’ duty to notify OSH authorities of work related death and/or injuries to health

11.1 Appointment of OSH inspectors

11.2 OSH inspectors’ powers

• 11.2.1 Power to enter workplaces

  Summary / Citation: Provisions on the powers of occupational safety and health authorities and inspectors are contained in Chapter 2 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006).

  To carry out enforcement activities, occupational safety and health authorities and inspectors have the right, to such an extent as is necessary for enforcement purposes, to have access to any place where work is performer or other sites to be inspected. (section 4(1) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (4)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.2 Power to inspect and carry out any examination, test or enquiry

  Summary / Citation: To carry out enforcement activities, occupational safety and health authorities and inspectors have the right, to such an extent as is necessary for enforcement purposes, to:
  - receive from employers for inspection documents which they, according to
  provisions to be enforced by occupational safety and health authorities, shall draw up or keep, and to receive any other analyses of matters which employers, according to provisions to be enforced by occupational safety and health authorities, shall keep or have in their possession in some other way than in writing;
  - discuss with a person working at the inspected site or with any other person otherwise occupied there, in private or in the presence of witnesses and from this person receive information necessary for their duties and documents required of the person by provisions to be enforced by occupational safety and health authorities;
  - receive from employers a description of any other analyses, besides those made by the employer which are related to the work, the working environment and the work community and which affect the employees’ safety and health, as well as a description of any other essential plans which affect the structures of the workplace, the work and production methods and the employees’ safety and health;
  - receive from employers for inspection an agreement on the provision of
  occupational health care concluded between the employer and an occupational health care ser-vice provider or the employer’s description of occupational health care services it has provided, as well as an occupational health care action plan, workplace analysis and any other description of occupational health care activities necessary for enforcement purposes;
  - take samples, after informing the employer of the matter, of raw materials or other materials used at the workplace, or of products manufactured or used at the workplace, for a separate analysis or investigation; a current price must be paid for a sample, unless its value is insignificant;
  - carry out hygiene measurements at the workplace and, by permission of the
  employer or for a cause justified by enforcement purposes, take photographs there;
  - receive from employers other information necessary for enforcement purposes and copies of documents. (section 4 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (4)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.2.3 Power to investigate

  No data available.
  

• 11.2.4 Duty to provide advice on OSH

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

11.3 OSH inspectors’ enforcement powers

• 11.3.1 Power to issue orders or notices

  Summary / Citation: If an employer does not fulfil obligations imposed on it by provisions to be enforced by occupational safety and health authorities, the inspector shall issue to the employer written advice to eliminate or remedy the non-complying conditions.
  If the hazard or harm arising from non-complying conditions is greater than minimal, instead of written advice, the inspector shall issue an improvement notice obliging the employer to eliminate or remedy the non-complying conditions. Likewise the inspector may issue an improvement notice if the employer does not follow the written advice. (section 13(1-2) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)
  The inspector shall oversee that the employer has followed the improvement notice within the specified time limit. If the necessary measures have not been taken, the inspector shall without delay submit the matter to occupational safety and health authorities.
  If the inspector notices that issuing written advice or an improvement notice will obviously not lead to remedying or eliminating the non-complying conditions or the matter brooks no delay, the inspector may submit the matter to occupational safety and health authorities without issuing written advice or an improvement notice. (section 14 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).
  Occupational safety and health authorities may oblige an employer to remedy or eliminate non-complying conditions within a specified time limit. When setting a time limit, the authorities must take account of the time limit previously set in the improvement notice.
  Occupational safety and health authorities may, as a sanction for an obligation imposed in the decision referred to in subsection 1, impose a default fine or threat that the non-complying conditions will be ordered to be remedied or eliminated at the defaulter’s expense or the concerned activity will be stopped, as provided in the Default Fine Act (1113/1990). (section 15(1-2) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (13-15)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.2 Power to impose financial penalties

  Summary / Citation: Occupational safety and health authorities may, as a sanction for an obligation imposed in the decision, impose a default fine as provided in the Default Fine Act (1113/1990). (section 15(2) of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (15)

• 11.3.3 Power to revoke or suspend licenses or authorisations

  No data available.
  

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.4 Power to require the cessation of dangerous work

  Summary / Citation: “If a defect or shortcoming at the workplace causes a risk to the life or health of an employee, the competent occupational safety and health authority may prohibit the use of a machine, work equipment or other technical device, a product or a work method or the continuation of work until the non-complying conditions have been remedied or eliminated. The occupational safety and health authority may order a default fine as a sanction for the prohibition notice, as provided in the Default Fine Act.”

  The inspector may promptly issue the prohibition notice as a temporary prohibition notice if the risk to life or health is immediate. A temporary prohibition notice shall be complied with immediately. The inspector shall without delay submit the matter to occupational safety and health authorities. (section 16 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces)
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (16)

  Related CEACR Comments
  • Labour Inspection Convention, 1947 (No. 81) Observation 2016
  • Labour Inspection Convention, 1947 (No. 81) Direct Request 2016
  

• 11.3.5 Power to initiate prosecutions

  Summary / Citation: If there are probable grounds for suspecting that an act has been committed that is punishable under any act enforced by the occupational safety and health authority or under Chapter 47 of the Criminal Code (39/1889), the occupational safety and health authority shall notify the police of the act for preliminary investigation. However, there is no need for a notification if the act is minor considering the circumstances, and the public interest does not require a notification. (section 50 of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces).

  The occupational safety and health authority shall have an opportunity to be heard in the prelimi-nary investigation of an act referred to above. The public prosecutor shall provide the occupational safety and health authority with an opportunity to give a statement before the consideration of charges is completed. When the case is handled in court, the occupational safety and health authority has a right to be present and speak.
  

  • Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). (50)

• 11.3.6 Power to conduct prosecutions

  No data available.
  

• 11.3.7 Other enforcement powers

  No data available.
  

11.4 Application of sanctions by courts

• 11.4.1 Financial penalties for legal persons

  Summary / Citation: Under the Criminal Code, a corporation acting as an employer may be sentenced to a corporate fine if a person who exercises actual decision-making authority in the corporation has been an accomplice in an offence or allowed the commission of the offence or if the care and diligence necessary for the prevention of the offence have not been observed in the operations of the corporation. (Chapter 9, section 2 of the Criminal Code)

  • Penal Code of Finland (39/1889). (Chapter 9, section 2)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.2 Financial penalties for natural persons

  Summary / Citation: A fine is the mildest form of punishment. In addition to a court of law, a police may also impose a fine by issuing a summary penal order, which must be approved by the prosecutor.
  A fine is imposed as day fines. The number of the day fines depends on the objectionability of the act. The maximum number of day fines under the Criminal Code is 120 or (if more than one offence has been committed) 240. There are no provisions in the Criminal Code for an overall lower limit of the day fines. The size of a day fine depends on the income of the person fined. (Chapter 2a of the Criminal Code)
  

  • Penal Code of Finland (39/1889). (Chapter 2a)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.3 Non-financial sanctions

  No data available.
  

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.4 Criminal liability

  Summary / Citation: Provisions on work safety offences are contained in Chapter 47, section 1 of the Criminal Code. The section is as follows: “An employer, or a representative thereof, who intentionally or negligently
  (1) violates work safety regulations, or
  (2) causes a defect or fault that is contrary to work safety regulations or makes possible the continuation of a situation contrary to work safety regulations by neglecting to monitor compliance with them in work that he or she supervises, or by neglecting to provide for the financial, organisational or other prerequisites for work safety, shall be sentenced for a work safety offence to a fine or to imprisonment for at most one year.”

  Provisions on the allocation of liability are contained in Chapter 47, section 7 of the Criminal Code. Under the section, the person into whose sphere of responsibility the act or negligence belongs shall be sentenced for conduct of an employer or representative thereof that is punishable. In the allocation of liability due consideration shall be given to the position of said person, the nature and extent of his or her duties and competence and also otherwise his or her participation in the origin and continuation of the situation that is contrary to law.
  

  • Penal Code of Finland (39/1889). (Chapter 47, sections 1 and 7)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015
  

• 11.4.5 Terms of imprisonment for natural persons

  Summary / Citation: The punishment for a work safety offence is a fine or imprisonment of a maximum of one year.

  • Penal Code of Finland (39/1889). (Chapter 47, section 1)

  Related CEACR Comments
  • Occupational Safety and Health Convention, 1981 (No. 155) Observation 2010
  • Occupational Safety and Health Convention, 1981 (No. 155) Direct Request 2015