Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with interest the information provided in the Government's report in reply to its previous observation with respect to setting new exposure limits to air pollution, noise and vibration where appropriate, in accordance with Article 8 of the Convention and to ensuring that measures are prescribed for the prevention and control of, and protection against, these occupational risks due to these hazards as called for by Article 4. It also notes the comments made by the Central Organization of Finnish Trade Unions (SAK) communicated with the Government's report.

In its previous comments, the Committee had noted the concerns of the SAK that the grounds used to assess occupational hazards caused by air impurities, noise and vibration were still deficient and that there is still too little monitoring of the working environment and assessment of exposure. It had also noted the reply of the employers' organizations (TT and LTK) that the Convention did not call for binding limit values in a categoric fashion and that Finnish legislation did not lay down binding limit values, for example, with respect to noise exposure.

In its latest report, the Government indicates that, in December 1993, the Council of State issued a decision (1404/1993) on the protection of workers against the hazards raised from exposure to noise, by setting the exposure limit value even lower than the EU Directive 188/86/EEC, that it is intended to implement. Moreover, the decision sets a new exposure limit value for instantaneous peak value of repeated or isolated peaks of sound pressure. Should such exposure exceed one of these limits, the employer is obliged to draw up and carry out a noise control programme aimed at reducing noise as much as possible, taking into account technical progress and the availability of means of control of the noise particularly at the source. The Government adds that, on 22 December 1993, the Council of State also issued a decision on safety of machinery that fully responds to the EU Directive and contributes noise and vibration control by providing certain limit values which, when exceeded, oblige the manufacturer to declare the said limit values.

With respect to hand-arm and whole body vibration exposure, the Government indicates that there are no binding limit values and that it is still awaiting a new EU Physical Agents Directive. The Government adds that it will also try to include repeated shock type excitations (of percussive power tools) as this seems to be more dangerous to the health of workers than the "ordinary" non-impulsive vibration (or rotating or oscillating machinery). A working group has been set up under the Ministry of Social Affairs and Health to consider the Finnish position on what the Directive under preparation by the EU should be.

With regard to exposure to air pollutants, the Ministry of Social Affairs and Health has issued a decision (365/1998), confirming new concentrations of air contaminants known to be hazardous.

In its latest observations, the SAK states that there are still shortcomings in preventive occupational health and safety management in companies. In small companies particularly, there are big gaps from the point of view of action programmes for occupational health and safety and in surveying the risks involved. It considers that monitoring operations should pay more attention to noise control programmes and that monitoring measurements are at present aimed mainly at verifying the more obvious defects. Measuring and monitoring of workplace hygiene conditions, which it considers is a basic prerequisite for protection, is at a low level in the construction sector. In its view, the action required by the regulations is not being adequately implemented.

The Committee would be grateful if the Government would continue to take measures to set, supplement and revise regularly, exposure limits in respect of air pollution, noise and vibration, where appropriate, in light of current national and international knowledge and data, as called for by Article 8 of the Convention. It requests the Government to provide further information on preventive occupational health and safety management and surveying of risks in small companies and monitoring and measurement of occupational safety and health conditions in the construction sector.