Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 121) sur les prestations en cas d'accidents du travail et de maladies professionnelles, 1964 [tableau I modifié en 1980] - Finlande (Ratification: 1968)

Autre commentaire sur C121

Demande directe

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Reform of national legislation on employment injuries. With reference to the issues raised previously by the Central Organization of Finnish Trade Unions (SAK) and by the Confederation of Unions for Academic Professionals in Finland (AKAVA), the Government indicates that a reform process of the legislation on accident insurance and occupational diseases is currently being prepared by the Ministry of Social Affairs and Health together with key central labour market organizations and other stakeholders. The goal of the reform is to update the national legislation to correspond to the altered conditions of working life and new objectives. The reform will also address issues brought up by central labour market organizations concerning, for example, the level of benefits and the improvement of the protection of workers suffering from symptoms caused by moisture damage in the workplace. For their part the SAK, the AKAVA and the Finnish Confederation of Salaried Employees (STTK) stress that, while there have been attempts to solve the problem as part of the reform process, progress has so far been slow. Victims of moisture damage are often left without social security coverage following expiry of their sick leave compensation, since their symptoms are not regarded as sufficient for an occupational disease diagnosis. These problems could be solved rapidly by ensuring prompt examination of persons concerned and uniformity between insurance companies’ compensation practices. The Committee takes note of this information and hopes that the Government together with the social partners will reform the national legislation on employment injuries in the best interest of protected persons and in accordance with the provisions of the Convention.

Article 8 of the Convention. Occupational diseases. With reference to previous comments, the Government indicates that, since the current list of occupational diseases contained in Decree 1347/1988 (ammattitautiasetus) is not a closed list, a disease not mentioned in the list can nonetheless be compensated as an occupational disease on the basis of a general provision of the Act on occupational diseases (1343/1988) (ammattitautilaki) if a likely causal relationship can be proven to exist between the disease and the work considering the worker’s degree of exposure. The Government also indicates that, given that the legislation on accident insurance and occupational diseases is currently being reviewed, the list of occupational diseases will be updated in view of European Commission Recommendation 2003/670/EC of 19 September 2003 concerning the European schedule of occupational diseases. Taking note of this information, the Committee asks the Government to indicate progress achieved in the reform process with respect to the list of occupational diseases, indicating how the new list, if adopted, gives effect to Article 8 of the Convention. Please also provide information regarding the implementation of the procedure for the recognition of the occupational origin of diseases which are not included in the national list.