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Guarding of Machinery Convention, 1963 (No. 119) - Finland (RATIFICATION: 1969)

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Previous comment on Convention No. 115Previous comment on Convention No. 119Previous comment on Convention No. 120Previous comment on Convention No. 136Previous comment on Convention No. 139Previous comment on Convention Nos 148, 170 and 174Previous comment on Convention No. 155 and its Protocol of 2002Previous comment on Convention No. 161Previous comment on Convention No. 162Previous comment on Convention No. 167Previous comment on Convention No. 176Previous comment on Convention No. 184Previous comment on Convention No. 187 
In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 119 (guarding of machinery), 120 (hygiene (commerce and offices)), 136 (benzene), 139 (occupational cancer), 148 (air pollution, noise and vibration), 155 and its 2002 Protocol (OSH), 161 (occupational health services), 162 (asbestos), 167 (safety and health in construction), 170 (chemicals), 174 (prevention of major industrial accidents), 176 (safety and health in mines), 184 (safety and health in agriculture) and 187 (promotional framework for OSH) together.
The Committee notes the observations of the Central Organization of Finnish Trade Unions (SAK) on Conventions Nos 115, 120, 136, 139, 148, 161, 167, 184 and 187 and of the Finnish Confederation of Professionals (STTK) on Conventions Nos 139, 161, 162 and 187, communicated with the Government’s reports.
Application of Conventions Nos 115, 119, 120, 136, 139, 148, 155, 161, 162, 167, 170, 174, 176, 184 and 187 in practice. Measures to prevent occupational accidents and diseases. The Committee notes that, according to the Government’s reports, the number of work-related accidents for salary and wage earners fell from 96,396 in 2015 to 86,606 in 2020, but the private health and social services sector saw occupational accidents increase from 4,408 in 2015 to 5,651 in 2020. The Committee also notes the Government’s indication that, while occupational accidents in the construction sector have generally decreased, work categorized under the “employment service” sector, which includes temporary agency work, shows a high frequency of accidents, with workers assisting in industry and construction experiencing the majority of accidents in that category. The Committee notes the Government’s statement that the number of recognized occupational diseases in the working-age population has decreased for several years, with, in particular, fewer cases of noise-induced hearing loss and asbestos-related diseases. According to the SAK’s observations on Convention No. 148, however, noise injury remains the most common occupational disease in Finland and better protection of pregnant workers from noise and vibration is a topical challenge under focus. The Government does not respond to those observations. The Committee thus requests the Government to continue to indicate the measures taken or envisaged to decrease the number of occupational accidents and diseases, particularly in the above-mentioned workplaces with increasing or persistently higher rates of occupational injuries, and for those workers engaged in the "employment service " sector, including temporary agency work.
Article 11 of Convention No. 115, Article 6 of Convention No. 136, Articles 2(2) and 3 of Convention No. 139, Articles 15(3) and 20(1) of Convention No. 162, and Article 28 of Convention No. 167. Monitoring of exposure levels. Notification to the competent authority. The Committee notes the SAK’s observations on Conventions Nos 115, 136, 139 and 167 expressing concerns regarding the adequate monitoring, in practice, of workers’ exposure levels to benzene and radiation, and shortcomings regarding notifications of carcinogens to the register for workers at risk of exposure to carcinogenic substances and processes (the ASA register), particularly in the construction sector. The STTK, in its observations on Conventions Nos 139 and 162 also refers to an increase in the ASA register, in the period 2010–19, of about 3,000 workers exposed to carcinogens, and of workers exposed to asbestos (4,003 workers in 2019). The Committee takes due note of the Government’s indication that the rising number of workers exposed to carcinogens in the ASA register is linked to greater awareness of statutory notification requirements and to legislative reforms, including the adoption of the Act on the List and Register of Workers Exposed to Carcinogenic Substances and Methods (452/2020). The Committee requests the Government to continue to provide information on any measures taken or envisaged to further strengthen the implementation of statutory requirements regarding the monitoring of workers’ exposure levels to carcinogens, including benzene and asbestos, and of notification requirements to the ASA register.
Article 12 of Convention No. 115, Article 9 of Convention No. 136, Article 5 of Convention No. 139, Article 11 of Convention No. 148, Articles 3, 4 and 12 of Convention No. 161, Article 21 of Convention No. 162, and Article 11 of Convention No. 176. Occupational health services. Health surveillance and medical examinations. Following its previous comments on occupational health services, the Committee notes that one of the objectives of the Government Resolution entitled “Työterveys 2025” (“Occupational Health Care 2025”), published in 2017, is for all employers to have organized appropriate occupational health care, regardless of company size. In this regard, the Committee notes the Government’s indication that 74 per cent of workplaces in Finland have no more than ten employees, according to a 2018 review, and that the Government has undertaken research and other measures to promote occupational health care for small businesses and entrepreneurs. According to the observations of the SAK and the STTK on Convention No. 161, however, some small employers fail to arrange occupational health care at all, and the implementation of occupational health services still has shortcomings, particularly for people engaged in various forms of casual employment, agency work and platform work. The SAK considers that, even in jobs with particular risks, medical examinations and guidance and counselling remain incomplete or wholly unimplemented. In addition, the SAK indicates in its observations under Conventions Nos 162 and 167 that occupational health care is still poorly implemented in the entire construction sector, and that people exposed to asbestos have difficulties securing medical examinations after their employment has ended. The Committee notes the Government’s indication that investigations are being envisaged to determine whether an alternative to the current occupational health card could be found, for the organization and implementation of occupational health care and health monitoring in construction work. The Committee requests the Government to provide further information on the measures taken to ensure that workers who are or have been exposed to asbestos shall be provided with such medical examinations as necessary, after their employment has ended. The Committee also requests the Government to continue to provide information on the measures taken to progressively develop occupational health services for all workers. Additionally, the Committee requests the Government to provide information on the implementation of occupational health services in all sectors, including on the impact of initiatives undertaken in the construction sector in this regard.
Articles 5(c) and 19(d) of Convention No. 155, Article 4(3)(c) of Convention No. 187, Article 22(3) of Convention No. 162 and Article 7(b) of Convention No. 184. OSH training and qualifications. The Committee notes that, in its observations on Conventions Nos 162 and 184, the SAK expresses concerns regarding the adequacy of OSH training for certain workers engaged in asbestos demolition work, such as “posted” workers or entrepreneurs, and for foreign workers engaged in agricultural work. In its observations on Convention No. 187, the SAK also indicates that Finland lacks training criteria or qualification requirements for individuals responsible for OSH at the workplace, including OSH managers responsible for OSH cooperation and OSH representatives. The Committee requests the Government to indicate the measures taken to ensure that adequate and appropriate training and comprehensible OSH instructions and any necessary guidance or supervision are provided to workers in agriculture, taking into account differences in language (Article 7(b) of Convention No. 184). It also requests the Government to provide further information on how employers ensure that all workers exposed or likely to be exposed to asbestos are informed about the health hazards related to their work, instructed in preventive measures and correct work practices and receive continuing training in these fields (Article 22(3) of Convention No. 162). The Committee further requests the Government to indicate whether it envisages adopting training criteria or qualification requirements for persons with OSH responsibilities at the workplace.

A.General provisions

The Committee takes note of the information provided by the Government in reply to its previous requests concerning Article 9 (labour inspection) of Convention No. 155, Article 3(c) of the Protocol and Article 3(3) (national preventive safety and health culture) of Convention No. 187, which responds to its previous requests.

I.Action at the national level

Article 2(1) of Convention No. 187. Promoting the continuous improvement of OSH by developing a national policy, national system and national programme. The Committee takes due note of the adoption in 2019 of the policy for the work environment and well-being at work until 2030, developed in consultation with social partners, which specifies the strategy of the Ministry of Social Affairs and Health and guides its operations to ensure OSH at all workplaces, regardless of the form of employment. The SAK and the STTK, in their observations on Convention No. 187, take the view that certain OSH risks have yet to be adequately addressed, including psychosocial risks and OSH risks involved in platform work. In this respect, the Committee notes that the Ministry of Social Affairs and Health has adopted a Mental Health at Work Programme, implemented in cooperation with the Finnish Institute of Occupational Health and other partners. The Committee requests the Government to continue to provide information on the measures taken topromote continuous improvement of OSH and the results thereof, including the impact of the Mental Health at Work Programme.It requests the Government to provide information on measures taken towards the improvement of the OSH of platform workers and to address psychosocial risks of those workers.
Articles 4, 8, 13 and 19(f) of Convention No. 155. Prevention of injury to health occurring in the course of work. Protection of workers removed from situations presenting an imminent and serious danger. Following its previous comments, the Committee notes the measures taken by the Government to reduce threats of workplace violence, including by setting the prevention of violence, harassment and inappropriate treatment in the workplace as an objective of the Implementation Plan for 2022–23 of the policy for the work environment and well-being at work until 2030. The Committee notes that, according to the SAK’s observations on Convention No. 187, threats of physical violence have arisen at approximately one in six workplaces (14 per cent) and direct physical violence had occurred at one in ten workplaces (10 per cent) during the 2017–20 period. The Committee thus requests the Government to provide further information on occurrences where workers have exercised their right to remove themselves from work situations which they had reasonable justification to believe presented an imminent and serious danger to their life or health. The Committee requests the Government to continue to provide information on the impact of measures taken toprevent injury to health, including due to violence and harassment at work.
Article 5(1) of Convention No. 187. Formulation, implementation, monitoring, evaluation and periodical review of a national OSH programme. The Committee takes due note of the adoption of the Implementation Plan 2022–23 for the policy for the work environment and well-being at work until 2030. The Committee notes that the actions in the Implementation Plan are monitored annually with reporting and their effectiveness assessed with agreed indicators. The Committee requests the Government to continue to provide information on the evaluation and review of the Implementation Plan 2022–23, in consultation with social partners, as well as on how this evaluation contributes to the formulation of subsequent implementation plans.

II.Action at the level of the undertaking

Article 20 of Convention No. 155 and Article 4(2)(d) of Convention No. 187. Cooperation at the level of the undertaking. In reply to its previous request concerning the right of higher-ranking workers to elect OSH representatives, the Committee notes the Government’s indication that senior staff are also deemed to be employees for elections as representatives. The Committee also notes the observations of the SAK on Convention No. 187, underlining that the Act on occupational safety and health enforcement and cooperation on occupational safety and health at workplaces (44/2006) only requires the election of an OSH representative at workplaces with at least ten employees, and that about 20,000 workplaces have fewer than ten employees. The Committee requests the Government to provide information on the election of OSH representatives, in practice, in undertakings with less than ten employees, as well as on any other arrangements to promote cooperation between management, workers and their representatives as an essential element of workplace-related prevention measures in those workplaces.

Occupational Health Services Convention, 1985 (No. 161)

Article 16 of the Convention. Supervision of occupational health services. Following its previous comments, the Committee notes the Government’s information on the results of labour inspections between 2016–21, including its indication that the multidisciplinary nature of occupational health services has clearly improved since 2015, and that only 7 per cent of occupational health care units fell short of satisfying basic conditions. The Committee also notes the observations of the SAK on Convention No. 161, according to which enforcement work in the field of occupational health is usually confined to verifying the existence of an occupational health care agreement. With reference to its preceding comments on the development of occupational health services, the Committee requests the Government to provide further information on measures taken or envisaged to strengthen the supervision of the operation of occupational health services.

B.Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3(1) (effective protection of workers in light of available knowledge) and 6(1) (maximum permissible doses) of Convention No. 115, which responds to its previous request.

Occupational Cancer Convention, 1974 (No. 139)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 1(1) and (3) (list of carcinogenic substances and agents) and 6(a) (national laws and regulations) of Convention No. 139, which responds to its previous request.

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (national laws or regulations), 9 (technical and supplementary organizational measures) and 12 (control of the use of processes, substances, machinery and equipment) of Convention No. 148, which responds to its previous request.
Article 16(b) of the Convention. Appropriate inspection. Following its previous comments, the Committee notes the information provided by the Government on the results of inspections undertaken, as well as the observations of the SAK on Conventions Nos 120 and 148, which consider that clean air requirements gained new significance during the pandemic, and that attention should be paid to enforcement regarding air measurements. The Committee notes the Government’s statement that labour inspectors do not always oblige employers to measure airborne exposure levels, if they consider that the risks are assessed and managed by other means. The Committee requests the Government to provide further information on measures taken to strengthen supervision of the application of Convention No. 148.

Chemicals Convention, 1990 (No. 170)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 5 (advance notification, authorization, classification and labelling of chemical substances),and 12(d) (duration for maintaining records) of Convention No. 170, which responds to its previous request.

Prevention of Major Industrial Accidents Convention, 1993 (No. 174)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 4 (coherent national policy),and 9(f) and (g) and 20(c) (consultation of workers and their representatives on the documented system of major hazard control, safety report, emergency plans and procedures and accident reports) of Convention No. 174, which responds to its previous request.

C.Protection in specific branches of activity

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 6 (labour inspection), 10 (comfortable and steady temperature), 14 (sufficient and suitable seats) and 18 (protection against noise) of Convention No. 120, which responds to its previous request.

Safety and Health in Construction Convention, 1988 (No. 167)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 34 (reporting on occupational accidents and diseases)and 35(b) (labour inspection services) of Convention No. 167, which responds to its previous request.

Safety and Health in Mines Convention, 1995 (No. 176)

The Committee notes the information provided by the Government in reply to its previous requests concerning Articles 3 (policy on safety and health in mines), 5(2)(d) (compilation and publication of statistics on accidents, occupational diseases and dangerous occurrences), 5(4)(a) (mine rescue, first aid and appropriate medical facilities), 5(4)(b) (adequate self-rescue respiratory devices), 5(4)(c) (securing abandoned mine workings), 5(4)(d) (safe storage, transportation and disposal of hazardous substances and waste), 7(b) (safe commissioning, maintenance and decommissioning of mines), 7(c) (measures to maintain ground stability), 7(d) (provision of two exits), 7(g) (operation plan and procedures for a safe system of work), 7(i) (stopping operations and evacuation of workers), 10(b) (supervision of mine work), 10(d) (investigation and report on accidents and dangerous occurrences), 13(1)(f) (selecting OSH representatives), 13(4) (protection against discrimination and retaliation) of Convention No. 176, which responds to its previous request.
Article 10(c) of the Convention. Recording system of the names and probable location of all persons who are underground. The Committee notes that section 23 of the Government Decree on the Safety of Blasting and Excavation Work (644/2011), as amended, requires the provision of a communication and warning system between supervisors and employees that can enable verification of the location of an employee. The Committee requests the Government to provide further information on measures taken to give effect to Article 10(c) in situations other than demolition or blasting work.
Article 13(1)(a) and (b) and 13(3). Rights of workers under national laws and regulations. The Committee notes section 19 of the Occupational Safety and Health Act (738/2002), as amended, which provides a notification obligation for workers to the employer and the OSH representative without delay of any faults and defects discovered in working conditions or working methods, machinery, other work equipment, personal protective equipment or other devices that may cause risk or hazard to the safety or health of employees. The Committee also takes due note of the Government’s statement that, while there are no specific provisions on reporting to authorities, it is normal practice and the starting point for people to communicate with the authorities, even in their capacity as an employee. The Committee nevertheless recalls that, under Article 13(1) and (3), the procedures for the exercise of the right of workers to report accidents, dangerous occurrences and hazards to the competent authority, and their right to request and obtain, where there is cause for concern on safety and health grounds, inspections and investigations to be conducted by the competent authority, shall be specified by national laws and regulations. The Committee accordingly requests the Government to indicate the measures envisaged, including any legislative amendments, to give full effect to Article 13(1)(a) and (b) of the Convention.
Article 13(2)(c). Right of safety and health representatives to have recourse to advisers and independent experts. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with national laws and regulations, safety and health representatives have the right to have recourse to advisers and independent experts.

Safety and Health in Agriculture Convention, 2001 (No. 184)

Article 4 of the Convention. Coherent national policy. Following its previous comments, the Committee notes the Government’s indication that no strategies have been prepared yet for specific sectors in Finland. The Committee requests the Government to indicate whether it envisages taking measures to adopt a strategy for the agricultural sector, after consultation with the social partners.
Article 5. Labour inspection in agriculture. The Committee refers the Government to its comments adopted in 2022 under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).
Article 19(b). Minimum accommodation standards. The Committee notes the concerns of the SAK in its observations under the Convention, indicating that, because regulations governing accommodation are enforced by several public authorities, no single agency bears primary responsibility. The SAK indicates that employees housed in facilities provided by the employer have reported miserable conditions. The Committee requests the Government to indicate the measures taken or envisaged to ensure the enforcement of accommodation standards for agricultural workers.

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With reference to its previous comments, the Committee notes the information provided by the Government on the effect given to Articles 2 and 15 of the Convention.
Legislation. The Committee notes the information provided by the Government regarding the amendment of the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health (No. 44/2006) in 2011 (No. 1327/2011) and 2013 (No. 603/2013) and the amendment of the Government Decree on the Safety of Machines (400/2008) in 2011 (265/2011). The Committee requests the Government to continue to provide information on legislative measures undertaken with regard to the application of the Convention.
Application of the Convention in practice. The Committee notes the general information provided by the Government according to which the number of occupational safety and health inspections has increased from 20,072 in 2010 to 24,145 in 2014 and that, in the course of these workplace inspections, the number of statements to police and prosecutors varied between a high of 855 in 2012 to a low of 542 in 2014, the number of prohibitions on use have increased from 14 in 2010 to 50 in 2014 and the number of binding decisions has varied between a low of 200 in 2011 to a high of 252 in 2013 (it was 229 in 2014). The Committee requests the Government to provide information specific to the application of this Convention, including on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported, and the number, nature and cause of accidents reported.

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The Committee notes the information provided including the new legislation which gives further effect to the Convention. The Committee also notes the information provided regarding new legislation, including, in particular, the Government Decree on safety of machines (400/2008) regarding requirements for the design and construction of machinery. The Committee further notes the communication from the Central Organization of Finnish Trade Unions (SAK) included in the Government’s report.

Article 2 of the Convention. The sale, hire and transfer of machinery. The Committee notes that, in response to the concerns previously raised by the SAK regarding the importation of non-European market machinery into the country, the Government only refers to the fact that the Ministry of Social Affairs and Health monitors the origin of imported machinery and does not respond to the Committee’s previous query regarding the 2001 national occupational accident prevention programme; the plans to control the market of machinery and equipment to prevent the penetration of the Finnish market by dangerous machinery, in cooperation with other European and Nordic market control authorities, and the supervision projects implemented between 2003–05 which focused on the preconditions for products to be allowed on the market and their user safety. The Committee requests the Government to provide further information on the impact of the accident prevention and supervision projects implemented in 2001 and 2003–05, respectively, and to comment on the comments submitted by the SAK regarding dangerous machinery penetrating the Finnish market.

Article 15. Labour inspection services. With reference to its previous comments the Committee notes that the SAK continues to voice concerns regarding the number of occupational accidents related to the use of machines and devices, and the insufficient resources available for market surveillance. The SAK also observes that the market surveillance lacks organization; that it mainly consists of random contacts in response to dangerous occurrences or accidents and that, as the distinction between products marketed for consumer use and occupational use remains problematic, the exchange of information and cooperation between authorities should be promoted. The Committee notes that the Government responds by referring to the fact that the Ministry has organized training for inspectors with the aim of implementing and developing more effective inspections and that the market surveillance authority experts and Regional State Administrative Agencies’ inspectors convene mainly twice a year on the subject of the market surveillance of machinery. Noting that the Government also reports that the number of occupational safety and health inspections declined from 20,477 in 2008 to 19,916 in 2009, the Committee requests the Government to provide detailed information in its next report on the application of the Convention in practice taking into account the comments raised by the SAK.

Part V of the report form. Application in practice. The Committee notes the information provided regarding a number of campaigns and other initiatives, including the Occupational Safety to the Top of the World List Programme
2001–05 and the Zero Accident Forum which both, reportedly, have had a positive impact. The Committee also notes the statistical information submitted that the proportion of occupational accidents per 100,000 employees, involving employees in the woodworking industry, and for which compensation was paid, declined by more than 10 per cent between 2005 and 2008. It also notes the more general information that in the case of all workplace inspections for the period 2005–09 the number of notifications and statements to the prosecutors varied between a high in 2005 of 358 and a low in 2008 of 196, and that both the number of prohibitions on use and the number of binding decisions increased sharply from 53 and 39 in 2005 to 353 and 184 in 2009. The Committee requests the Government to continue to provide detailed information and statistics on the application of this Convention.

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1. The Committee notes the information contained in the Government’s report and the observations submitted by the Central Organization of Finnish Trade Unions (SAK), which were attached to the Government’s report. The Committee notes with interest the adoption of Act No. 1016 of 2004 on the conformity of certain technical devices to relevant requirements, which according to the Government, in addition to regulating other aspects of occupational safety and health relevant for the use of machinery, also imposes specific obligations on manufacturers, suppliers and other distributors in this respect and that this legislation, according to the Government, has a broader scope than corresponding European Union legislation. The Committee also notes the amended Ordinance No. 856 of 1998 on the procurement, safe use and inspection of workplace machinery and other equipment used at work and the adoption of Act No. 44 of 20 January 2006 on the supervision of occupational safety and health and collaboration in occupational safety and health matters, which entered into force on 1 February 2006, replacing Act No. 131 of 1973. The Committee also notes the Government’s statement that, in accordance with section 4 of Act No. 1016 of 2004, further detailed regulations are envisaged as regards safety and health obligations in connection with the planning and construction of machinery. The Committee notes that this new legislation gives further effect to the Convention, and requests the Government to continue to provide information on legislative developments in this area.

2. Article 2 of the Convention. The sale, hire and transfer of machinery. With reference to previous comments, the Committee notes that the SAK reiterates its previous concern that the machinery causing the major accidents is non-European marked machinery. The Committee notes that in a previous report the Government referred to a national occupational accident prevention programme in 2001, including measures to improve the market control of machinery and equipment in order to prevent the penetration of the Finnish market by dangerous machinery, in cooperation with other European and Nordic market control authorities, and that in the Government’s most recent report reference is made to national product supervision projects implemented in 2003‑05 focusing on the preconditions for products to be allowed on the market and their user safety. The Committee requests the Government to provide additional information on the impact of the accident prevention and supervision projects implemented in 2001 and 2003-05 respectively and to comment on the observations submitted by the SAK regarding dangerous machinery penetrating the Finnish market.

3. Article 15 and Part III of the report form. Labour inspections and statistical information. With reference to its previous comments, the Committee notes that the SAK continues to voice concerns regarding the high number of accidents related to the use of machinery in the country. It notes the Government’s detailed references to the manner in which supervision is carried out, to the programmes to promote machinery safety and improve the safety culture and to the special action programmes focusing on presses, personal lifts, woodworking machinery, loader cranes, other lifts, packing machinery for the food industry, second-hand construction machinery, conveyors and user manuals. As regards the impact of the measures taken, the Committee notes the Government’s statement that the number of accidents caused by machinery has gone down due to the different measures that have been adopted, such as legislative amendments and an increase of the resources allocated to labour inspection. The Committee notes, however, that the Government indicates that it was not able to provide any relevant statistics in this respect as, since 1 January 2003, accidents in the workplace in the country were being coded according to the common European Union ESAW methodology, that there were thus no time series available and that comparisons regarding recent developments could therefore not be made. While it hopes that the Government’s appreciation of the impact of their efforts will be reflected in forthcoming statistics, the Committee notes with some concern, however, that according to information in the reports since 2002, the number of labour inspections carried out annually have decreased from 29,412 in 1997 to 23,654 inspections in 2004. This information should be seen in the light of the observations from the SAK that they consider the resources allocated for market supervision to be inadequate. The Committee requests the Government to provide detailed information in its next report on the application of the Convention in practice in the country, taking into account the observations from the SAK and expresses the hope that relevant statistical data soon will be made available. In the light of the SAK’s observations this year, the Committee also requests the Government to provide detailed information on the developments in the timber industry including on the impact of the special action programme focusing on woodworking machinery.

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The Committee notes with interest the Government’s report indicating the adoption of the Occupational Health Care Act 1383/2001 (effective 1 January 2002), the Decree on the approval of inspectorates related to occupational safety and health, 18/2000 (effective 1 February 2000), and the coming into effect on 1 December 1998 of the Government Decision on the procurement, safe use and inspection of workplace machinery and other equipment (856/1998), which was based on European Union Directives 89/655/ECC and 95/63/EC, and repealed Government Decision 1403/1993 on the safe use of machinery.

The Committee notes the information contained in the Government’s report in response to its previous comments relating to the observations made earlier by the Central Organization of Finnish Trade Unions (SAK) concerning the number of accidents during the use of machinery, and the need to intensify the supervision of labour protection. It notes from the report that serious occupational accidents, including accidents involving machinery, continue to be a key challenge for work safety, and their prevention in particularly dangerous sectors was a leading area of focus for the occupational safety and health district administration. Other aims included reinforcing the ability and desire of workplaces to ensure their own work safety independently. It notes the information that the Government had approved a national occupational accident prevention programme in 2001, which had gotten under way in 2002. The occupational safety and health administration was able to influence machinery-related accidents by inspecting new products and controlling products in use at workplaces. The administration made every effort to promote better supervision of machinery and equipment in use by ensuring that the occupational safety districts had the requisite skills and information. This expertise was used primarily in the market control of machinery and equipment aimed at preventing the penetration of the Finnish market by dangerous machinery, in cooperation with other European and Nordic market control authorities. The Government indicated that 28,367 inspection visits were made by the occupational safety and health inspectors in 2001 (29,412 in 1997; 29,191 in 1998; 29,361 in 1999; 28,715 in 2000), of which 405 were inspections of machinery and equipment, taking up altogether 755 working hours and involving 15 inspectors. The Ministry of Social Affairs and Health’s strategies, which extend to 2010, focused on the promotion of health and functional capacity and were also expected to affect accident trends. As stated in the 1998 occupational safety and health strategy, the Government indicated that official supervision was targeted in accordance with the desired effects, aimed at good working conditions for the largest possible number of workers. Diversification of control methods was also supported, and tools and methods for accident prevention were being developed for the occupational safety and health administration.

The Committee notes from the Government’s report the observations made by the SAK reiterating earlier remarks that, from its point of view, the number of accidents during the use of machinery was still too high. The SAK referred to its remarks under the Labour Inspection Convention, 1947 (No. 81), that the financial and personnel resources of the occupational safety and health districts were inadequate to provide proper supervision of occupational safety and employment conditions at enterprises. It stated that the number of inspectors relative to the number of workplaces that were to be inspected was not satisfactory, and efficient inspection visits to check machinery and guarding devices could not be guaranteed. It also pointed out that serious deficiencies had been observed in the market control of machinery, equipment and indeed all products used at the workplace both in Finland and throughout the EU. The resulting problems were aggravated, in its view, by the allocation of insufficient resources for official occupational safety inspections at workplaces. It stated that an alarming amount of machinery that flouted EU law and had no EC labelling got onto the market and into use. It also referred to the statement made by its member organization, the Construction Union, which had noted that machine safety was particularly problematic in the building industry because the instructions on safe use were incomplete and/or were not available to the worker using the machinery. It appeared to it that, in actual fact, guidance in the use of machinery was usually deficient or non-existent at the work site.

The Committee would be grateful if the Government would continue to follow the evolution of the situation in light of the implementation of the Ministry of Social Affairs and Health’s main strategic focus on the promotion of health and functional capacity. It would be grateful if the Government would continue to keep the Office informed on the measures taken or envisaged to reduce the number of injuries occurring in the use of machinery, as well as on inspection visits made, violations reported and penalties imposed.

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1. The Committee notes the Government's reply to its previous comments relating to remarks made earlier by the Central Organization of Finnish Trade Unions (SAK) concerning the number of accidents during the use of machinery, and the need to intensify the supervision of labour protection. The Government states that during the period between 1992 to 1997 seminars and courses were arranged in cooperation with other Governmental bodies, the Finnish Metal Workers' Union and various educational institutes. It adds that training for workers is provided by special institutions, such as the Institute of Occupational Health and the Centre for Industrial Safety.

2. Article 15, paragraph 2, of the Convention and point V of the report form. Further to its previous comments based on remarks made earlier by SAK, the Committee notes the information contained in the Government's report that technical deficiencies and other defects found in workplaces were eliminated with inspections carried out at individual workplaces. Inspections normally cover the entire workplace environment and its occupational safety and health scheme, but individual machines are also inspected. Citing the 1996 statistics, the Government states that a total of 650 inspections of machinery and equipment were carried out, taking up a total of more than 2,300 hours and covering some 40,000 people. It adds that the safe use of machinery is controlled not only by the authorities but also by the workplaces themselves. It is the duty of occupational safety and health inspection to ensure that safety-related arrangements (internal control systems, production quality systems, etc.) are competent and effective. Information on what the Government calls the new approach in safety standards, relevant directives and corresponding national regulations have been disseminated through a series of publications which were prepared to explain the content of the directives and to give manufacturers recommendations for ensuring the conformity of their products with the relevant requirements. Occupational safety supervision is targeted at problematic sectors and dangerous professions on the basis of observation, statistics and other sources of information. Priority is given to supervision and advice in response to requests from customers.

The Committee notes from the Government's report the statement made by SAK that in spite of the new regulations, the number of injuries occurring in the use of machinery continues to be too high. SAK is of the opinion that a central issue in the prevention of accidents and injuries is the provision of better guidance and training for employees before they start using any machinery. In addition, it indicated that the supervision of occupational safety should also be intensified in this respect. The Committee would be grateful if the Government would continue to follow the evolution of the situation and to keep the Office informed on the measures taken or envisaged to reduce the number of injuries occurring in the use of machinery.

3. Further to its previous comments, the Committee notes the Government's reply and the enclosed copy of the Council of State Decision on machine safety (1994/1314) implementing the EEC's Council Directive (89/392/EEC) and its amendments (91/368/EEC, 93/44/EEC and 93/68/EEC).

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The Committee takes note of the information supplied in the Government's report.

1. The Committee notes from the Government's report the statement made by the Central Organization of Finnish Trade Unions (SAK) in which it draws attention to the number of accidents during the use of machinery, and considers that it is necessary to intensify the supervision of the labour protection in this respect. In the Organization's view, special attention should be paid to improving the guidance and training of workers with regard to the use of machinery. The Government is requested to comment on this statement.

2. The Committee requests the Government to indicate the measures taken to ensure that appropriate inspection is carried out, in conformity with Article 15, paragraph 2, of the Convention. In particular, the Government is requested to give an appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from official reports, reports of the inspection services, and information on the number of workers covered by the legislation, as well as on the number of occupational accidents reported (point V of the report form).

3. The Committee notes that Finland, as one of the EFTA countries which have signed the EEA agreement, is to carry into effect national provisions corresponding to the EC Directives and to repeal national provisions conflicting with the Directives. The Committee also notes that a proposal for a Council of State decision on machine safety corresponding to the Council Directive relating to machinery (89/392/EEC, 91/368/EEC) has been prepared and that it will be carried into effect simultaneously with the EEA agreement. The Government is requested to provide with its next report a copy of this text.

4. The Committee notes that, as a member of the Finnish Standards Association (SFS), the National Board of Labour Protection has taken an active part in the work of the European Standardization Organization (CEN) in the machine safety sector. The Committee also notes that the National Board of Labour Protection has drawn up a number of national standards falling within the scope of application of the Convention listed in the Government's report. The Committee requests the Government to provide their texts as soon as they have been approved.

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