Act on Occupational Diseases 1343/88

Issued in Helsinki, 29 December l988

1 §
An occupational disease, entitled to compensation according to the Accident Insurance Act (608/48) or the Act on Agricultural Workers' Accident Insurance (1026/81) or the act entitling persons employed in a public service or holding public office to compensation in the event of an accident (154/35), is a disease caused by any physical factor, chemical substance or biological agent encountered in the course of work done under a contract of employment, in a public service or in public office or as agricultural entrepreneur, as prescribed in those acts.

What is stated in the first subsection about occupational diseases, shall also be applied to notable worsening of another disease or injury than occupational during the period of this deterioration.

2 §

It can be stated by ordinance that the causal connection between the disease mentioned in the first subsection of Paragraph 1 and a physical, chemical or biological factor in work is regarded as existing when such a factor has been present in the work in such an amount that it principally can cause the disease designated by the Act.

3 §

Liability for compensation, the amount of compensation payable, and the procedure to be followed for that purpose shall be governed by the Accident Insurance Act, the Act on Agricultural Workers' Accident Insurance, and the Act entitling persons employed in a public service of holding public office to compensation in the event of accident. For this purpose the date on which the disease manifests itself shall be equated with the date of occurrence of the accident. If other specific reasons do not require it, the date of manifestation of the disease shall be determined as the date when a person for the first time has sought medical advice from a doctor concerning a later diagnosed occupational disease. The time limit within which compensation must be claimed shall invariably be reckoned as beginning on the date on which the disease is diagnosed or the incapacity of the person begins.

When a worker, agricultural entrepreneur or person employed in a public service or holding public office is not on the appearance of an occupational disease, engaged in a process that could have been the cause of the disease, liability for compensation shall be determined on the basis of the employment, agricultural entrepreneurship, public service or public office in which he was last engaged in a process that could have been the cause of the disease.

4 §

An Ordinance can state more precisely:

1) the determination of the disease and the factors

exposing to it;

2) the liability for compensation in the case of

tenovaginitis and humeral epicondylitis;

3) the other measures of execution of this Act.

5 §

A copy of this Act and the ordinance made thereunder shall be posted and kept available by the employer at the workplace.

6 §

This Act shall come into force on 1 January 1989 and repeal the Act on Occupational Diseases (638/67) and its later modifications.

Helsinki, 29 December l988

Ordinance on Occupational Diseases 1347/88

Issued in Helsinki, 29 December 1988

1 §

Diagnosis of a disease as an occupational disease requires such medical examination where there is sufficent knowledge about exposure in the work and where in the case of occupational diseases designated by the Act on Occupational Diseases in Paragraph 2 a specialist in the field is in charge.

2 §

A disease shall be deemed as occupational according to 2 § and the first subsection of 4 § and later in 3 §, when the physical, chemical or biological factor mentioned in the paragraph is present in a person's work, and is covered by subsection 1 of 1 § in the Act on Occupational Diseases, to such an extent that its exposure effect is sufficient to cause the disease in question, unless it is stated that the disease has been clearly caused by exposure outside work.

3 §

The following are the diseases and the physical, chemical and biological factors referred to in Paraqraph 2:

Physical factors

l.Vibration

Typical forms of disease

White finger syndrome; polyneuropathy of the upper limb.

2. Noise

Typical forms of disease

Cochlear type of deterioration of hearing

3. Overpressure

Typical forms of disease

Direct effects of changes of pressure, such as maxillary hemorrhages and tympanal ruptures; indirect effects of pressure such as nitrous inebriation and diver's disease; as a long-term effect an aseptic bone necrosis of big joints.

4. Ionizing radiation

Typical forms of disease

Bone marrow injuries, lens opacities, skin changes

(eczemas, wounds, scars, skin cancer)

5. Infrared radiation

Typical forms of disease

Lens opacities, e.g. glassblower's cataract; skin changes (connective tissue chanqes, telangiectasies).

6. Ultraviolet radiation

Typical forms of disease

Conjunctivitis and keratitis of the eye; skin changes (light eczema, light contact eczema).

Chemical factors

1. Arsenic and its compounds

Typical forms of disease

Acute arsenic intoxication (gastro-intestinal, respiratory, and nervous symptoms); long-term respiratory, mucous membrane symptoms; conjuctival irritation of the eye; skin changes like chronic eczema, skin pigmentation, hyperkeratosis, skin cancer; pulmonary cancer; peripheral neuropathies.

2. Beryllium and its compounds

Typical forms of disease

Irritation of mucous membranes; chemical pneumonitis in high exposure; chronic berylliosis; skin changes (contact eczema, foreign body reaction e.g. granuloma); pulmonary cancer.

3. Mercury and its compounds

Typical forms of disease

Irritation of mucous membranes and gastro-intestinal tract in acute intoxication, sometimes chemical pneumonitis. In subchronic or chronic intoxication the symptoms vary according to individual factors and form of exposure: symptoms of the mouth (gingivitis), peripheral and central nervous injuries (e.g. shake, psychic changes, renal injuries (albuminuria) and in connection with the injuries, elevated mercury levels in urine and blood; skin changes (contact eczema, eczema or other wide-spread rash).

4. Phosphorus and its compounds

Typical forms of disease

Injuries of bone and liver; respiratory irritation; central nervous symptoms; caustic injuries of the skin; depression of cholinesterase activity of the tissues in organic phosphorous compund intoxications

5. Cadmium and its compounds

Typical forms of disease

Acute intoxication with strong respiratory symptoms (chemical pneumonitis); chronic intotication (renal injuries, emphysema); skin changes (contact eczema); pulmonary cancer.

6. Cobalt and its compounds

Typical forms of disease

Skin changes (contact eczema); rhinitis and asthma due to cobalt allergy; hard metal lunq.

7. Chromium and its compounds

Typical forms of disease

Local dermatic or mucosal irritation or corrosion caused by chromium (chrome wounds); skin changes (contact eczema); rhinitis and asthma due to chromium compound allergy; pulmonary cancer; sinusal cancer.

8. Lead and its compounds

Typical forms of disease

The first sign of subchronic or chronic inorganic lead intoxication is disturbed hemoglobin synthesis, later anemia, reticulocytosis, peripheral nerve injuries, gastrointestinal symptoms, liver and kidney injuries, and central nervous symptoms. Organic lead intoxication is characterized by central nervous symptoms. In inorganic lead intoxication symptoms are associated with elevated blood lead level and elevated erythrocyte protoporphyrin values, and in organic lead intoxication elevated lead levels in blood and urine.

9. Manganese and its compounds

Typical forms of disease

Acute chemical pneumonitis; chronic manganese intoxication (manganism), dominated by nervous symptoms.

10. Nickel and its compounds

Typical forms of disease

Skin changes (contact eczema); rhinitis and asthma due to nickel allergy; chemical pneumonitis caused by nickel carbonyl; sinusal and pulmonary cancer.

11. Zinc and its compounds

Typical forms of disease

Zinc fever; skin changes caused by zinc chloride (contact eczema, corrosion).

12. Vanadium and its compounds

Typical forms of disease

Irritation of respiratory tract (chemical pneumonitis, bronchial constriction).

13. Halogens and their inorganic compounds (chlorine, bromine, fluorine).

Typical forms of disease

Irritation and corrosion of mucous membranes and conjunctiva; chemical pneumonitis; bone changes caused by fluorine compounds (fluorosis); fever caused by fluorine polymer dispersion products (polymer fever); skin changes (contact eczema, corrosion caused by fluorides).

14. Cyanide compounds

Typical forms of disease

Acute cyanide intoxication, chronic intoxication (respiratory symptoms, nervous symptoms); respiratory diseases caused by isocyanates (asthma).

15. Carbon disulfide

Typical forms of disease

Acute intoxication with mainly central nervous symptoms; chronic intoxication by carbon disulfide with central and peripheral nervous symptoms, possibly associated with coronary heart disease.

16. Hydrogen sulfide

Typical forms of disease

Acute intoxications with mainly respiratory and central nervous symptoms, and pulmonary edema.

17. Sulfour dioxide and sulfuric acid

Typical forms of disease

Irritative and inflammatory symptoms of mucous membranes and respiratory organs; corrosion of teeth and eyes; skin chanqes (contact eczema, corrosion).

18. Nitrogen oxides, nitric acid and ammonia

Typical forms of disease

Acute respiratory irritation symptoms; pulmonary edema; local irritation or corrosion of mucous membranes; skin changes (contact eczema, corrosion).

19. Carbon monoxide

Typical forms of disease

Acute intoxication caused by carbon monoxide with mainly central nervous symptoms. The clinical picture is associated with elevation of carbon monoxide hemoglobinemia.

20. Phosgene

Typical forms of disease

Acute irritative symptoms of respiratory tract and conjunctival tissues; pulmonary edema.

21. Inorganic bases and their anhydrides

Typical forms of disease

Skin changes (contact eczema, corrosion); acute irritation or corrosion symptoms of conjunctiva, mucous membranes, respiratory or gastro-intestinal tract.

22. Aliphatic, aromatic and alicyclic hydrocarbons

Typical forms of disease

Acute and chronic mainly central and peripheral nervous intoxications; skin changes (contact eczema); leukemias caused by benzene; hemangiosarcoma of the liver caused by vinyl chloride.

23. Halogene derivates of hydrocarbons

Typical forms of disease

Acute and chronic mainly nervous system intoxications; skin changes (contact eczema); cardiac arrhythmias and irritative respiratory symptoms caused bs freons.

24. Nitrous and amino derivates of hydrocarbons

Typical forms of disease

Acute intoxications associated with methemoglobinemia; hemolytic anemia, liver and eye changes caused by trinitrotoluene; skin changes (contact eczema); asthma caused by amines; cancer of urinary bladder caused by aromatic amines.

25. Nitroglycerin and nitroglucol

Typical forms of disease

Central nervous and circulatory symptoms (i.e. hypotension, vasodilatation) caused either by acute or by chronic intoxication; skin changes (contact eczema).

26. Aldehydes, ketons, alcohols ethers and esters

Typical forms of disease

Skin changes (contact eczema); asthma and rhinitis caused by formaldehyde; acute mainly central nervous intoxications caused by alcohols, ketons, ethers and esters; leukemias caused by ethyleneoxyde.

27. Organic acids and acid anhydrides

Typical forms of disease

Irritation and corrosion of skin and mucous membranes; asthma and rhinitis caused by acid anhydrides (i.e. phtalic acid, maleinic acid and trimellitinic acid anhydrides).

28. Phenol and its homologues and their halogen and nitro derivates

Typical forms of disease

Acute intoxications with respiratory, hepatic, renal and central nervous symptoms; chronic intoxication with central nervous and gastro­intestinal symptoms; skin changes (contact eczema, changes in pigmentation); hemolytic anemia; methemoglobinemia; hepatic cancer caused by polychlorinated biphenyls.

29. Antibiotics

Typical forms of disease

Skin changes (contact eczema); respiratory allergies.

30. Cancer drugs Alkylating substances (cyclophosphamede, chlorambusil, semustil, kermustine, lomustine) and antimetabolitis (atsathioprine)

Typical forms of disease

Leukemias, lymphohematopoietic cancers and bladder cancer.

31. Plastics and synthetic resins and the substances and intermediates involved in their production

Typical forms of disease

Respiratory diseases (asthma, rhinitis); skin changes (contact eczema).

32. Organic dusts and exposures I.e. flours, corn, wood dusts and materials, animal epithelia, excretions and other exposures of animal origin, dusts of natural fibers and enzymes, natural resins, india rubber

Typical forms of disease

Skin changes (contact eczema, contact urticaria, protein contact eczema); allergic rhinitis, conjunctivitis or pulmonary asthma caused by organic dust, Monday fever (byssinosis) caused by raw cotton.

33. Mineral dusts

Typical forms of disease

Pulmonary diseases caused by quartz and asbestos dust (pneumoconioses); pulmonary cancer and mesothelioma caused by asbestos; consequences of pneumoconioses in respiratory and circulatory organs.

34. Tiuramines, carbamates, derivates of paraphenylenediamines

Typical forms of disease

Skin changes (contact eczema).

35. Reactive and dispersion dyes

Typical forms of disease

Skin changes (contact eczema); asthma and rhinitis caused by reactive dyes.

36. Aflatosins

Typical forms of disease

Cancer of liver.

Biological factors

1. Spores released by bacteria and molds and other biologically active substances

Typical forms of disease

Allergic alveolitis; asthma and rhinitis caused by molds; humidifier fever.

2. Tuberculosis bacilli

Typical forms of disease

Different forms of tuberculosis.

3. Viruses, bacteria, fungi, protozoa and schistosomes

Typical forms of disease

Hepatitis B, anthrax, erysipelas, ringworm, brucellosis, listeriosis, dermatic mycosis, toxoplasmosis, malaria, bilharziosis.

4 §

Tenovaginitis and humeral epicondylitis in subsection two of 4 § in the Act on Occupational Diseases are compensated as occupational diseases caused by a physical factor when caused by performing repetitive, monotonous or strained movements as designated in subsection one of 1 § of the Act on Occupational Diseases.

5 §

This ordinance will come to effect as of January 1989. The ordinance (850/48) of 3 December 1948 passed under the Accident Insurance Act and the Act on Occupational Diseases shall remain in force in so far as it relates to occupational diseases.

Helsinki, 29 December 1988