UNOFFICIAL TRANSLATION
4.4.1996 Ministry of Social Affairs and Health, Finland
No. 950/94

Decision of the Council of State on occupational health care prescribed as the responsibility of the employer and on the occupational health care of entrepreneurs and other self-employed persons

Issued in Helsinki on 27th October 1994

General provisions

Section 1

Employers shall arrange the occupational health care referred to in the Occupational Health Care Act (743/78) according to a good occupational health care practice in the way prescribed in this Decision.

What is enacted in this Decision on occupational health care prescribed as the employer's responsibility, also concerns, to the extent appropriate, occupational health care for entrepreneurs and other self-employed persons.

Occupational health care includes activities referred to in Section 2 of the Occupational Health Care Act according to the need for occupational health care that the work and the conditions at the workplace require. The activities referred to in Section 2 of the Occupational Health Care Act also include occupational health care tasks based on the Council of State decisions issued by virtue of the Labour Protection Act.

In addition to what is provided above in paragraphs 1 and 3, employers may arrange medical treatment and other health care for their employees on the basis of Section 3 of the Occupational Health Care Act.

Section 2

Employers shall use health care professionals and experts considered necessary by them in arranging the occupational health care referred to in Section 1, paragraphs 3 and 4. A good occupational health care practice is based on cooperation between experts in various fields and on multidisciplinary knowledge about the relationship between work and health and about controlling it.

In this Decision, the term health care professionals means specialists in occupational health care and registered physicians, public health nurses and physiotherapists who have received the training needed for the implementation of occupational health care.

The experts referred to above in paragraph 1 are persons who have received training in occupational hygiene, ergonomics, occupational psychology or technological or other corresponding field and have sufficient knowledge about occupational health care.

General principles of good occupational health care practice

Section 3

The aim of occupational health care is a healthy and safe working environment, a well-functioning work community, prevention of diseases related to work and maintaining and promoting the employees' working and functioning capacities.

When the content of occupational health care is considered, the following factors shall be taken into account:

a) physical, chemical and biological exposures in the work;

b) physical and psychological strain caused by the work;

c) special risk of becoming ill due to the working environment and the employee's individual characteristics;

d) risk of accident due to the working environment; and

e) the employee's state of health and his/her working and functioning capacity.

The risks and inconveniences caused by the work and the conditions at the workplace, the special demands of the work and factors related to the health and the working and functioning capacity of an employee shall be assessed so that it can be estimated

a) what measures shall be taken in order to improve the working environment and the work community as well as the health and the working and functioning capacities of the employees, and when and how frequently these measures shall be taken;

b) what methods shall be used in the assessment of the risk to the employees' health and of their working and functioning capacities and in the follow-up of their state of health;

c) how giving information and steering are arranged; and

d) how the data on the working environment, work community and the employees are recorded and kept.

Section 4

The employer shall use health care professionals as experts in matters concerning the planning, implementation and development of occupational health care. The health care professionals work professionally independently of the employer, the employees and their representatives.

The employer shall use health care professionals to the extent that is necessary in order to implement a good occupational health care practice.

Section 5

When preparing decisions necessary for the implementation of a good occupational health practice, an employer shall, in accordance with Section 4 of the Occupational Health Care Act, take sufficiently early measures in cooperation with the employees or their representatives in matters related to the general guidelines for the arranging of occupational health care and its content and extent, as well as to the evaluation of the effects of occupational health care.

Section 6

Employers shall see to it that the occupational health care staff regularly maintain their knowledge and skills by means of supplementary training. This obligation also concerns health care professionals who work independently in occupational health care tasks.

Section 7

A good occupational health care practice is methodical and includes follow-up and evaluation of the quality and the results of the activity.

More detailed provisions

Section 8

The Ministry of Social Affairs and Health issues more detailed provisions on the implementation and application of this Decision, when needed.

Entry into force

Section 9

This Decision enters into force on 1st January 1995. It repeals Council of State Decision on occupational health care prescribed as the employers' duty, issued on 14th December 1978 (1009/78), and Council of State Decision on occupational health care for entrepreneurs and other self-employed persons, issued on the said day (1010/78), and later amendments.

In this Decision, the term health care professionals employed in occupational health care also means those nurses who have been employed in occupational health care tasks before 1st January 1982 and received training in occupational health care.

Helsinki 27th October 1994