Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes the information supplied by the Government in its latest report.

1. Articles 3, paragraph 1, and 6, paragraph 2 of the Convention. Further to its general observation of 1992 under the Convention, the Committee notes with satisfaction the adoption and coming into force of the new Radiation Act (592/91) and Radiation Decree (1512/91) which are based on the 1990 Recommendations of the International Commission for Radiological Protection (ICRP publication No. 60); the new legislation, inter alia, sets forth the principles of licensing, optimization and individual protection related to the use of radiation, has lowered the dose limits for radiation workers and for other persons, with specific dose limits for pregnant workers, in accordance with the ICRP Recommendations, and also covers natural radiation. The Committee likewise notes with satisfaction from the Government's report that, under amendment 1192/90 of the Sickness Insurance Act and amendment 717/91 of the Sickness Insurance Decree (473/63), the Council of State Decision concerning protection against occupational risk of mutagenic and teratogenic damage and of impaired reproduction (1043/91), and the Ministry of Labour Decision on factors posing a risk of mutagenic or teratogenic damage or of impaired reproduction (1044/91), a pregnant woman working in jobs or conditions in which the pregnancy or the development of the foetus may be endangered by a chemical substance, (ionizing) radiation or contagious disease must, if possible, be assigned other suitable work, unless the source of the risk can be eliminated from the work or working conditions. A doctor familiar with the working conditions determines the extent of the risk case by case. If no other work can be assigned, the worker is entitled to special maternity leave for the duration of the pregnancy.

2. In its previous observation the Committee had noted observations made by the Central Organization of Finnish Trade Unions (SAK) that there were problems with the enforcement of radiation protection legislation with regard to the many outside workers employed by nuclear power plants, particularly for annual maintenance, and that the labour protection delegates and shop stewards did not always receive adequate information about radiation protection. The Committee notes the Government's reply in its report that by virtue of several decisions of the Council of State (i.e. 1672/92 and 743/78), issued in accordance with the Occupational Health Care Act (743/78), all those who may be exposed to ionizing radiation at work are covered by the prescribed health checks, that employers are obliged to give these workers adequate information in regard to occupational health hazards at the workplace, their prevention and the correct working methods, and that under section 6 of the Occupational Health Care Act, the labour protection committee and the labour protection delegate are entitled to obtain from the occupational health care personnel such information obtained by them in their work which is relevant to the health of workers and the promotion of a healthy working environment. The Committee also notes the Government's indication in its report that the Central Organization of Finnish Trade Unions has stated that the present practice at workplaces is appropriate and that the provisions are being obeyed.

3. The Committee is raising certain questions in a request addressed directly to the Government.