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In accordance with the decision of the Parliament:
This law imposes an obligation on the employer to organise occupational health care and the content and implementation of occupational health care.
The purpose of this law is to promote the work of the employer, the employee and the occupational health service:
1) prevention of work-related diseases and accidents;
(2) health and safety of work and the working environment;
(3) the health of workers and the ability to work and function at different stages of the working life; and
(4) the work of the Community.
This law applies to work in which the employer is obliged to comply with the safety law (2002) . (238.2002/752)
The organisation of occupational health care for entrepreneurs and other occupational health workers shall apply mutatis mutandis, as laid down in this Act.
For the purposes of this law:
(1) Occupational health service The activities of occupational health professionals and experts to promote the prevention of occupational diseases and accidents, the health and safety of work and the working environment, And the health and working capacity of workers;
(2) Performance-enhancing activities The work carried out in cooperation, the working conditions and the plan of work on workers and the pursuit of a targeted activity which contributes to the occupational health service and supports the working and operational capacity of the working life;
(3) Occupational health service provider The organisation or person who, in accordance with Article 7 of this Act, is responsible for the occupational health service organised by the employer or by the employer on a voluntary basis;
(4) Occupational health professional The Law on the health professionals (559/1994) , who has the competence of a specialist medical practitioner or a qualified medical practitioner or a qualified medical practitioner or of the training required for the performance of the occupational health service;
(5) Occupational health expert, Persons with physiotherapeutic or psychological qualifications and adequate knowledge of occupational health care or of occupational hygiene, ergonomics, technical or other equivalent training and adequate knowledge of occupational health care, or who have access to The competence of the specialist medical service;
(6) The entrepreneur and other person performing his own work The entrepreneur's Pensions Act (1272/2006) Or the pension scheme of the farmer (1280/2006) The agricultural undertaking referred to in Articles 3 and 13; (19/12/2015)
6a) Drug testing, Drug law (373/2008), The test carried out on the use of the substance referred to in paragraph 1 (5) and the study drawn up on the basis of the test as to whether the applicant or the worker has used drugs for non-medical purposes; (30.5.2008/376)
(7) Good health management practice The general principles to be followed in the organisation, implementation and development of occupational health care, as laid down in this Act and taking into account the knowledge and experience of occupational health and the general principles of occupational health care.
The State Council Regulation may provide for more details of the training referred to in paragraph 1 (4), the adequate information referred to in paragraph 1 (5) and the implementation of the good occupational health practice referred to in paragraph 1 (7). Principles.
In order to prevent and combat health risks and harm arising from work and working conditions, and to protect and promote the safety, work and health of workers, the employer shall at the expense of the employer.
Health care shall be organised and carried out to the extent necessary to the extent required by the law, to the extent necessary to the extent that work, work organisation, staff, conditions of employment and changes in the workplace are required.
The employer shall make adequate use of occupational health professionals and the experts they consider necessary in the field of the planning, implementation, development and monitoring of occupational health care, as Is required in accordance with good occupational health practice.
Occupational health care professionals and experts must be professionally independent from employers, employees and their representatives and should be qualified by Article 3 of this Act and with adequate training The knowledge and skills maintained.
The employer of the occupational health service and the expert's employer shall be required to ensure that the professional and expert are sufficiently involved, at least every three years, in continuing vocational training. The obligation to provide training also applies to self-employed health care professionals.
The Ministry of Social Affairs and Health can provide guidance on the content, quality, quantity and organisation of continuing training.
The employer and the occupational health service provider shall make a written agreement on the organisation of the occupational health service, indicating the general arrangements for occupational health care and the content and scope of the services. When the circumstances materially change, the agreement needs to be revised.
If the employer organises the services of the occupational health service itself, it shall appropriately describe the elements referred to in paragraph 1.
A decree of the Council of State may provide for a more precise content of the contract for the organisation of occupational health services.
The employer may organise the occupational health services provided for in this Act:
1) by acquiring the necessary services in the public health law; (186/1972) The health centre referred to;
(2) organisation of the occupational health services they need themselves or in conjunction with other employers; or
(3) by acquiring the services it requires from any other entity or person entitled to provide services for the production of occupational health services.
The health service provider of the occupational health service referred to in paragraph 1 (1) to (3) may acquire laboratory and imaging services for occupational health care, clinical physiological studies and clinical neurophysiological studies, including: The Medical Service or the Law on Private Medicine (152/1990) Of the health care unit referred to above.
When the employer prepares the decisions necessary for the implementation of the occupational health service, the employer shall cooperate with the employees or their representatives in matters relating to the general organisation of occupational health services. Guidelines and action plans, including the action plan, content, scope, and impact assessment of the occupational health service, as well as the assessment of the impact of occupational health and safety management, as well as to the employees or their representatives in a timely manner; Information necessary for processing.
Before the employer determines the starting point of the activities referred to in Articles 12 and 14, any other matter which is substantially affected by the organisation of the activities referred to in Articles 12 and 14, shall be subject to the supervision of the supervision of the protection of workers and of collective action in the workplace. Of the law (1940/2006) Or, in the case of a joint action plan to replace it, or, in the absence of an Employment Protection Commission or its replacement cooperation procedure, together with the Labour Inspector. If a job protection supervisor has not been elected, matters will be dealt with as far as possible with staff. (20.1.2006/51)
Workers and their representatives have the right to make proposals for the development of occupational health services. Proposals and the measures necessary for them shall be dealt with in cooperation as provided for in paragraph 1.
The employer, the entrepreneur and other person performing his own work are entitled to compensation for the costs incurred in the organisation of health care and other health care provided for by this law, as in the case of sickness insurance (364/1963) Provides.
Paragraph 1 shall not apply to the costs of conducting drug tests. (13,08,2004/760)
If a health check has been carried out to an employee, the worker's personal health status indicates that there is an obvious predisposition to the risk to his health, the worker must not be used for such work.
In order to assess the working capacity of the worker and to identify the potential for further work, the employer shall inform the occupational health service of the worker at the latest at the time of the month of absence.
The employer shall have a written action plan for occupational health care, which shall include the general objectives of the occupational health service and the needs arising from the conditions of the workplace and the resulting measures, taking into account Articles 1, 4 and 12. Provides. The action plan should be reviewed annually, based on surveys and other studies carried out by the occupational health service.
The action plan shall take sufficient account of the multidisciplinary knowledge of the relationship between work and health and the health effects of the work.
The occupational health service action plan may form part of an osh law action plan or other development programme or plan drawn up by the employer.
Where a job seeker or an employee is to be subjected to a drug test within the meaning of Article 3 (1) (6a), the employer shall have a written substance programme, which shall include the general objectives of the workplace and the practices to be followed In order to prevent use and to control the treatment of substance problems. The programme may be part of the occupational health plan. Before adopting the programme, the tasks assigned to the programme shall be dealt with under the cooperation procedure, as referred to in the Companies Act (2003) And the Law on Joint Action in State Agencies and Institutions (651/1988) And the law on cooperation between employer and staff in municipalities (1049/2007) , provide. In the case of undertakings and public bodies governed by non-cooperative legislation, the employer must, before making a decision, provide employees or their representatives with the opportunity to be heard by On the basis of the mandate. (13.4.2007)
L joint action on government agencies and institutions 651/1988 Has been repealed by L for joint action by government agencies and bodies 123/2013 . For the work programme, see p. Occupational safety L 738/2002 ARTICLE 9 And drug tests on the conclusion of drug tests 218/2005 .
The occupational health service provided for in Article 4 shall be organised in accordance with good occupational health practice:
(1) study and evaluation of the health and safety of work and working conditions through repeated job visits and other methods of occupational health care, taking into account the exposure of the workplace, load capacity, work organisation and accident and The risk of violence, as well as taking account of these factors in work, working methods and working conditions, as well as in the event of changes in working conditions;
(2) the identification, assessment and monitoring of occupational health hazards and health risks, workers' health and work and action, including the specific risk of work and the working environment, as well as of the above mentioned aspects; Health checks, taking into account the individual characteristics of the worker;
3) making proposals for measures to improve the health and safety of work, where necessary to adapt work to the conditions of the worker, to maintain and promote the work and capacity of workers, and to propose measures Monitoring of implementation;
(4) provision of information, advice and guidance on health and safety of work, and on workers' health, including an explanation requested by the worker for the justified reason of his work;
(5) the monitoring and promotion of survival in the work of a disabled worker, taking into account the health conditions of the worker, counselling and treatment of rehabilitation, or guidance to medical or vocational rehabilitation;
(5a) sickness insurance law; (1224/2004) in Chapter 8, Section 5a , the opinion shall include the assessment of the worker's ability to work and to continue working; the opinion shall include the occupational health assessment of the remaining work capacity of the worker and the employer together with the worker; and An explanation of the employee's ability to continue working with the occupational health service; (20.1.2012/20)
(6) cooperation with other health care, labour administration, education administration, social insurance and social care, as well as with representatives of the labour inspector; where appropriate, employers' health service providers and others in the common workplace; With the necessary bodies;
7) participation in the organisation of emergency services within the meaning of Article 46 of the Safety and Health Code; (238.2002/752)
(8) for its part to plan and implement measures to maintain and promote the performance of occupational health service tasks as defined in this Act, including, where appropriate, clarification of the need for rehabilitation; and
(9) Assessment and monitoring of the quality and effectiveness of occupational health service activities.
The tasks referred to in paragraph 1 shall be carried out, where appropriate, in cooperation with the management, the line organisation, the personnel management and the cooperation organisations.
In order to identify the specific risks of a common workplace or to the extent to which it is based, employers shall, using the expertise of occupational health care expertise, act in the same way as they are required to do so.
The Regulation of the Council of State lays down more precisely the methods and means to be used for carrying out the tasks referred to in paragraph 1.
Without reasonable grounds for refusing to take part in a health check within the meaning of this law, the worker shall not be entitled to take part in a health check which is necessary for the purpose of investing or in the duration of work:
(1) in order to determine his state of health, in the workplace or in the working environment of a particular health hazard; or
(2) in order to establish his/her working or operational capacity in view of the health requirements resulting from his work.
The health check shall be carried out in agreement with the worker, in accordance with the (785/1992) Provides.
The certificate to be issued on the basis of the health check referred to in paragraph 1 (2) shall indicate a general assessment of the health conditions of the worker to perform the tasks planned for him or to be assigned to him. (13,08,2004/760)
In addition to the services referred to in Article 12, the employer can provide medical and other healthcare services to workers.
Entrepreneurs and other persons performing their own work may organise themselves in addition to the services referred to in Article 12, in addition to the medical and other health services referred to in paragraph 1. (22.12.2005/1117)
The employer must inform the occupational health professionals and experts of the work, working arrangements, occupational diseases, accidents at work, staff, conditions of employment and changes thereto, as well as other comparable factors, Which are necessary for the assessment and prevention of health risks or harm to workers.
At the request of the occupational health service provider, the worker shall provide information on the health risks arising from the workplace.
The health service provider shall provide the workers and the employer with the necessary information on the risks and risks of health and harm to health in the workplace and in the workplace. The worker shall be informed of the health checks carried out by the occupational health service, their purpose, results and interpretations, and other health care content.
The employer, the job protection committee and the worker protection supervisor shall be entitled to receive information from persons performing occupational health service activities which are relevant to the health of workers, and To improve the health of the workplace.
The information provided in secret shall not be disclosed unless the information provided for by the obligation of professional secrecy gives its consent in the form of a separate provision. The occupational physician in the service of the occupational health service provider shall, notwithstanding the confidentiality of medical records provided for in the law on the status and rights of the patient, provide:
(1) a written statement on the conclusions of the health checks and on appropriate osh measures, in so far as they relate to health and safety at work, to the employer in the event of a particular risk of ill health;
(2) the opinion referred to in paragraph 1, as referred to in paragraph 1, for the health and safety authority referred to in Article 12 of the Act on the supervision of the health and safety of workers and the protection of workers at work; and (20.1.2006/51)
(3) for the purpose of monitoring the health risk, the occupational health service provider, at the request of the occupational health service, information on the health checks carried out on a worker who has worked in particular with regard to the risk of ill health, and which is: Carried out in a similar manner to the work of the employer who is responsible for the service provider for occupational health care.
A positive test result obtained on the basis of a drug test carried out by an employer or an employee shall be ensured in a quality controlled laboratory. The test shall, notwithstanding the rest of the law, always have the right to obtain a test result in writing.
The content of the certificate of the drug test is laid down in the Act on the protection of privacy in employment (759/2004) The certificate shall be issued to the tested employer for delivery.
The Government Decree provides for more detailed provisions on the quality control of drug testing and the introduction, analysis and interpretation of good health practice and of laboratories for carrying out tests. In accordance with quality standards.
The Ministry of Social Affairs and Health and its expert body shall be entitled to receive the information necessary for the performance of their duties in accordance with this law from the health care units responsible for the implementation of occupational health care; and Health professionals.
The quality of the health care records and the length of retention periods are valid, as laid down in the law on the status and rights of the patient.
The Ministry of Social Affairs and Health can provide guidance on the preparation of occupational health service documents.
In the context of the Ministry of Social Affairs and Health at the Ministry of Social Affairs and Health at the Ministry of Social Affairs and Health at the Ministry of Social Affairs and Health, the Advisory Board on the composition, functions and activities of the Ministry of Health is regulated in more detail by the State Council Regulation.
The employer or his/her representative who, intentionally or negligently, fails to comply with the provisions of Article 8 (2) of the joint action shall be condemned: A breach of the obligation to cooperate in occupational health care Fine.
The employer or his/her representative who intentionally or negligently fails to comply with the provisions of Article 4 (1) on the organisation of occupational health services or failing to comply with the decision on the content of the obligation to organise a work protection authority, Must be condemned On the failure to provide occupational health services Fine.
Penalties for breach of the provisions on safety at work, inadequate or non-compliance with the provisions on safety at work, and the possibility of a continuation of the state of contravention of safety regulations are punishable under criminal law. (39/1889) in Chapter 47 .
Before an official prosecutor raises a charge of infringement of this law or of any provisions adopted pursuant to it, he shall, unless the Labour Inspection Authority has declared the offence to be prosecuted, shall obtain an opinion from the said authority. The public prosecutor shall be informed in good time before the prosecution is brought before a court of law, informing the relevant safety authority.
According to the provisions of this Act and the provisions adopted pursuant thereto, the activities of health centres providing occupational health services, occupational health centres, occupational health services and health care professionals And medical supervision of the content of the occupational health services is part of the Ministry of Social Affairs and Health, the Agency for Social Affairs and Health, and the Regional Administrative Agency, as provided for in the separate provision.
The Employment Protection Authorities are, according to the law on the supervision of labour protection and the employment protection cooperation in the workplace (1940/2006) Shall ensure that the employer organises the occupational health service referred to in this Act or acts adopted pursuant to it.
If the employer has failed in accordance with this law or, under the provisions adopted pursuant to it, the organisation of the occupational health services provided for by the employer, and there is disagreement on the content of the obligation to organise, A decision requiring the employer to take a decision under the law on supervision of the protection of the health and safety of workers at work and the employer's work in the field of occupational safety and health, to request an opinion from the Social and Health Protection Agency.
The supervision of the activities referred to in Article 14 shall be regulated separately.
The employer shall keep this law and the acts adopted pursuant thereto, the contract for the organisation of the occupational health service between the employer and the occupational health service provider or the description of the occupational health service provided by the employer itself; and The workplace survey referred to in Article 12 (1) (1).
This Act shall enter into force on 1 January 2002. This law repeals the Medical Service Act of 29 September 1978. (1983/1978) With its subsequent modifications.
The health professionals and experts who, at the time of entry into force of this Act, are competent to act in the field of occupational health care shall continue to be competent for the current and equivalent occupational health service tasks.
THEY 114/2001 , StVM 36/2001, EV 167/2001This Act shall enter into force on 1 October 2004. The obligations of the employer as provided for in Article 11 (4) must be fulfilled no later than six months after the entry into force of the law.
THEY 162/2003 , No 8/2004, EV 114/2004
This Act shall enter into force on 1 January 2006.
THEY 68/2005 , THEY 129/2005 , StVM 22/2005 EV 139/2005
This Act shall enter into force on 1 September 2006.
Before the law enters into force, measures may be taken to implement the law.
THEY 154/2005 , StVM 19/2005, EV 129/2005
This Act shall enter into force on 1 February 2006.
THEY 94/2005 , TyVM 7/2005 EV 178/2005
This Act shall enter into force on 1 January 2007.
THEY 197/2006 , StVM 38/2006, EV 176/2006
This Act shall enter into force on 1 September 2007.
THEY 267/2006 , TyVM 17/2006 EV 308/2006
This Act shall enter into force on 1 September 2008.
THEY 22/2008 , StVM 5/2008, EV 34/2008
This Act shall enter into force on 1 January 2009.
THEY 92/2008 , StVM 22/2008, EV 132/2008
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 260/2009 , StVM 52/2009, EV 250/2009
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 June 2012.
Before the law enters into force, action can be taken to enforce the law.
THEY 75/2011 , StVM 16/2011, EV 76/2011
