Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

Further to its previous comments, the Committee notes the information contained in the Government's report. It also notes the observations included in the Government's report by the Confederation of Finnish Industry and Employers (TT), the Employers' Confederation of Service Industries (LTK) as well as by the Central Organization of Finnish Trade Unions (SAK), the Confederation of Unions for Academic Professionals in Finland (AKAVA) and the Finnish Confederation of Salaried Employees (STTK).

Administrative reform. The Committee notes that the administrative reform covering the labour protection and inspection services has continued during the reporting period. Most of the functions previously carried out by the former National Board of Labour Protection have been transferred to the new Occupational Safety and Health Division in the Ministry of Labour as well as to the offices of the Occupational Safety Inspectorates. Discretionary powers formerly exercised by the central administration have been entrusted to the Occupational Safety Inspectorates in conformity with the principles of management by result, i.e. setting of performance targets through negotiations between the Ministry of Labour and the Occupational Safety Inspectorates, use of available resources for the realization of the performance targets followed by performance control and evaluation. According to the Government's report the most representative labour market organizations were on many occasions given an opportunity to be heard when the abolition of the National Board of Labour Protection was being prepared (Article 5(b) of the Convention).

The Committee also notes the information that the Government has commissioned in August 1995 a civil servant to examine the administrative situation of labour protection matters including their possible transfer to the Ministry of Social Affairs and Health, taking into account a broad definition of workers' protection, possible changes in working life, official economic viewpoints, structural changes otherwise planned in state administration as well as international trends and developments. The Committee hopes that at an appropriate juncture during this exercise the Government will involve the collaboration of employers and workers or their organizations in accordance with the requirement of Article 5(b), and in light of the comments made by AKAVA in this respect.

Further to its previous comments, the Committee notes with interest that the need for inspection in the service sector was nowadays increasingly recognized, contrary to earlier indications from the Government that inspection in this sector was justifiably less frequent as it was considered not particularly dangerous.

Article 7. Please provide more particulars regarding training of the inspection staff in light of the observation made by AKAVA and taking into account the requirements of paragraph 3 of this Article of the Convention.

Articles 10, 11 and 16. The Committee notes that SAK, AKAVA and STTK consider that the resources of the labour protection authorities have been reduced and that this has contributed to the fall in the number of inspections of workplaces to a point where any further decrease of such visits would result in the deterioration of safety at work. Please provide indications in this regard taking into account the requirements of these Articles of the Convention that the inspectorate should be sufficiently staffed and adequately provided with the means required for securing the effective discharge of its duties to inspect workplaces as often and as thoroughly as is necessary.

Article 13. The Committee notes that SAK has made the observation that there should be a follow-up of inspection visits that have revealed defects in order to ensure that these defects are remedied and thus bring down the number of occupational accidents through an active and efficient labour protection administration. Both SAK and AKAVA also consider that the supervision of safety at work has been hindered by the fact that matters relating to safety of workplaces are administratively carried out in different ministries. Please provide indications in this respect.

Articles 20 and 21. The Committee notes from the Government's report that the 1993 annual labour inspection report has not been published mainly due to the administrative reform. It hopes, as the Government expects, the 1994 annual report will be published and communicated to the Office and that it will include all information as required by these Articles of the Convention.