Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes with interest the Government’s report replying to its previous comments and to the comments made by the Central Organization of Finnish Trade Unions (SAK). It also notes SAK’s further observations attached to the Government’s report.

1. Review of the legislation. The Committee notes with interest the legislative amendments enacted to improve working conditions, including the obligation for employers to conduct obligatory risk assessments and to eliminate risks at the workplace, arrange occupational health care for employees, train occupational safety and health professionals and experts and to draw up occupational health-care plans (the Occupational Health Care Act, which came into force on 1 January 2002, and the Occupational Safety and Health Act (No. 738/2002), which came into force on 1 January 2003). It also notes with interest the creation of a committee in May 2003 by the Ministry of Social Affairs and Health to consider the Act on the supervision of occupational safety and health and specifically to draft a proposal for changes in the Act on the supervision of occupational safety and health and appeals in occupational safety and health matters. This committee was required, among other matters, to examine the role of occupational safety and health delegates, as defined in collective agreements in general and in civil service collective agreements. Noting that the work of this committee ended in June 2004, and that the amendments that it recommended have already been taken into account, such as the adoption of a provision prescribing the obligation of employers to train an occupational safety and health delegate, the Committee would be grateful if the Government would provide information on any further legislative changes and supply copies of the relevant texts.

2. Articles 1, 4 and 5 of the Convention. Restructuring of labour inspections and administrative improvements. The Committee notes with interest the Government’s intention to give effect to the proposals of the tripartite working group to improve the skills of labour inspectors, supervision methods, the choice of targets and to facilitate the monitoring of the activities of labour inspectors. According to the Government, occupational safety and health inspectorates have already been geographically restructured and their number has been reduced to eight by Decree No. 1035/2003, which came effect at the beginning of 2004, without transfer of personnel. The Committee requests the Government to provide a copy of Decree No. 1035/2003 detailed information on the and legal provisions adopted, the organizational measures taken and the results achieved.

3. Articles 5(a), 7, 10 and 11 of the Convention. Staff of the labour inspectorate and cooperation with other government bodies. According to SAK, the resources devoted to occupational safety and health inspection are inadequate and should be increased to meet the needs of the enforcement of the new legislation. The Government indicates in this respect that the skills of labour inspectors have been upgraded and adapted to the new legislation and the new problems in working life. It adds that, although the human resources have remained the same, the financial resources have been increased in recent years and have been allocated to selected areas, such as psychosocial phenomena, which has made it possible to improve the prevention of occupational accidents and diseases.

In response to the alleged lack of resources for the extension of the scope and duties of labour inspection, and particularly, the control of the employment of foreign workers, the Government indicates that labour inspectors cooperate with a new police unit set up in 2004. The Committee would be grateful if the Government would provide further details on the legal and practical arrangements made to ensure such cooperation.

4. Article 9. Collaboration of technical experts and specialists. The Committee notes that the Government has not fully replied to SAK’s comments on the shortage of medical expertise and specialists in chemistry and occupational psychology in the occupational safety and health inspectorates. The Committee requests the Government to indicate the geographical distribution of inspectors specialized in these areas.

5. Articles 10, 13, 16 and 17. Number, scope and frequency of inspections and the measures adopted. SAK emphasizes that few inspections are carried out in the service sector, in commerce and trade. The Committee hopes that inspections of small enterprises and the construction sector will be intensified, as will enforcement of the Working Hours Act, and particularly, with regard to emergency work, which has been increasing in volume.

Noting that in 2002, 23,393 inspections were carried out, compared with 30,028 in 1999, 27,936 in 2000 and 24,242 in 2001, the Committee would be grateful if the Government would indicate the reasons for this continuing decrease and provide figures on these inspections by objective, sector and size of establishment. It also requests the Government to indicate the number and the type of measures taken in relation to the nature of the infringements identified.

6.  Articles 13, 14 and 21. Notification of employment injuries and cases of occupational diseases. Noting SAK’s allegation that interventions by labour inspectors are inadequate and the procedures inappropriate for the notification of cases of occupational diseases and other work-related diseases, which are insufficiently diagnosed, the Committee would be grateful if the Government would provide full information on the effect given to Article 14 in law and practice. It also requests the Government to ensure that data on occupational accidents and cases of occupational diseases are included in the annual report  under points (g) and (f) of Article 21, and, if possible, to ensure that the report is prepared in the manner described in Part IV of the Labour Inspection Recommendation, 1947 (No. 81).

7. Article 8. Women inspectors to deal with specific issues. According to SAK, the number of women labour inspectors remains insufficient and does not correspond to the numbers of working women. The Committee notes with interest the Government’s indication that the percentage of women inspectors has been increasing continuously and account for 29.3 per cent of the staff with women representing the majority of newly recruited inspectors. The Committee emphasized paragraph 217 of its General Survey on labour inspection that the principle of maintaining an adequate presence of women in the labour inspection staff is more than ever necessary with the current growth of women’s participation in the labour force. It would be grateful if the Government would provide information on trends in the percentage of women in the inspection services.

8. Articles 20 and 21. Annual reports on the activities of the labour inspection services. Noting that, according to SAK, annual reports on the activities of the labour inspectorate do not appear to be published, the Committee notes that no annual report has been sent to the ILO. The Committee requests the Government to take the necessary measures to ensure that an annual report is soon published and communicated to the ILO, as prescribed by Articles 20 and 21.