Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 (No. 148) - Finland (Ratification: 1979)

The Committee notes the information and copies of new legislation provided by the Government in its report as well as the statements made by the Finnish Employers' Confederation (STK), the Employers' Confederation of Service Industries (LTK), the Central Organisation of Finnish Trade Unions (SAK) and the Confederation of Salaried Employees (TVK), communicated with the Government's report.

In its previous comments, the Committee had noted the creation of the Council for the Assessment of Health Risks of Chemicals and the Labour Protection Committee on Chemistry charged with the task of proposing binding limit values for impurities in the air. At that time, the employers' organisations (STK and LTK) had stated that these committees had improved the administrative arrangements necessary for the application of Article 8 of the Convention, whereas the workers' organisations (SAK and TVK) considered the measures taken by the Government insufficient for meeting the requirements of this Article as the bulletin adopted by the National Board of Labour Protection only covers impurities in the air and is not legally binding on the employers.

In their latest observations, the employers' organisations (STK and LTK) state that the Chemical Labour Protection Advisory Council (the Committee understands this to be the Labour Protection Committee on Chemistry created by the Council of State Resolution No. 585 of 6 June 1985) plays a key role in the preparation of official regulations to give effect to the Convention. The workers' organisations (SAK and TVK), however, continue to note that there are not enough mandatory regulations on limit values which are binding on the employer.

The Committee notes with interest the information supplied in the Government's report concerning the legally binding limit values for asbestos, benzene and lead compounds established by the Council of State. It notes, however, that there are as yet no legally binding limit values concerning other air pollutants, noise or vibration. In its report, the Government states that, although the instructions given by labour inspectors are not legally binding, the labour protection district office can take legal action against the employer, including the imposition of fines or imprisonment. The Committee requests the Government to indicate any specific cases in which legal action has been taken against an employer for failure to implement instructions concerning limits of exposure to air pollution, noise and vibration. Furthermore, in its previous direct requests, the Committee has asked the Government to indicate the type of penalties imposed when an employer fails to implement a labour inspector's instructions, in accordance with Article 16 of the Convention. As the Government's report has not indicated the nature of the penalties imposed, the Committee once again expresses the hope that the Government will not fail to indicate in its next report the penalties provided in order to ensure the observance of the instructions given by the labour inspector concerning measures for the prevention of the risks of air pollution, noise and vibration.