Occupational Health Care Act

Original Language Title: Työterveyshuoltolaki

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In accordance with the decision of Parliament: Chapter 1 General provisions article 1 the purpose of this law the law on an employer's obligation to arrange occupational health care, as well as the content and implementation of occupational health care.
The purpose of this law is the employer, the employee and health protection at work is to work together to promote: 1) work-related diseases and the prevention of accidents;
2 health and safety of the working environment), and;
the health of workers, as well as the work of 3)-the various stages of their careers and capabilities; as well as 4) workplace activities.

the scope of application of article 2 of this law shall apply to the work, in which the employer is required to comply with työturvallisuuslakia (738/2002). (2002-08-23/752)
Entrepreneurs and others to organize their own work by the dogma of health protection at work, shall apply mutatis mutandis, the provisions of this law.

Definitions for the purposes of paragraph 3 of This law: 1) of the occupational health service for the employer's service, on the advice of the occupational health-care professionals and experts laid down in the action, which promotes work-related diseases and the prevention of accidents, health and safety in the working environment, work and the workplace, as well as the activities of the health of workers and the working and functional capacity;
2 the activities of the work carried out in cooperation with the capacity to support), working conditions and employees of structured and goal-oriented activities, with which the occupational health care contribute to and support the work of those involved in the work and performance;
3) of the occupational health-care services, the producer, the organisation or person who, pursuant to this article 7 of the law of the employer, the employer shall be held on a voluntary basis or by the occupational health service;
4) of the occupational health-care professional for health professionals (559/1994) referred to a health care professional a person who is qualified as a specialist or other health care, a licensed physician or public health nurse certification and health protection at work is necessary for the implementation of the training;
5) of the occupational health-care expert for persons with physical therapist or a psychologist qualified and have all necessary knowledge, or the maintenance of hygiene, ergonomics, occupational health, technical or any other equivalent training and adequate information on health care or who have a non-occupational health-care specialist qualifications;
6) is true, the entrepreneur and the entrepreneur's own work in the Pension Act (1272/2006) the person referred to in or pension (1280/2006) 3 and the farmer referred to in article 13; (19 December 2008/1003) 6 (a)) drug test Narcotics Act (373/2008) article 3, paragraph 1, sub-paragraph to establish the use of the drugs referred to in paragraph 5 of the report drawn up on the basis of the test, the test of whether a job seeker or an employee used the drugs for non-medical purposes; (30 May 2008/376) 7) good occupational health care policy for the organisation in the implementation and development of the occupational health-care general principles, as this law, as well as taking into account the occupational safety and health protection at work, the knowledge and experience of the General principles.
Government regulation is necessary in order to provide more detail on the training referred to in paragraph 1 of article 4, paragraph 1 of the adequate information referred to in paragraph 5 and paragraph 1 referred to in paragraph 7 of the operational implementation of the principles of good occupational health care.
section 4 of Chapter 2 of the employers ' responsibilities of the occupational health-care organization, the employer is the work and working conditions of health care expense resulting from health hazards and to prevent and combat, as well as the disadvantages of worker safety, to protect and promote the health and capacity to work.
Occupational health care should be organized and implemented, to the extent that the work arrangements, the staff, the need for changes in workplace conditions and requires, as this is required by law.

section 5 of the occupational health-care professionals and experts, the employer should use the sufficient health care professionals and their experts deem necessary to the implementation of the occupational health-care planning, as well as in matters relating to the development and monitoring of the implementation by the health protection at work in accordance with the practice of good occupational health care is necessary.
Health care professionals and experts will be professionally independent of employers, workers and their representatives, and they will be referred to in paragraph 3 of this law, the validity, as well as adequate training maintained knowledge and skills.
Of the occupational health-care professional and expert, the employer is obliged to ensure that the professional and expert involved in enough, however at least once every three years to the social skills training. Further training obligation also applies to the self-employed medical service tasks of the health care professional.
The Ministry of Social Affairs and health can provide guidance on the content of training, the type, the quantity concerned and the organization.

Article 6 of the agreement of the employer and the occupational health services occupational health service provider will need to make a written agreement on the organisation of health care, which shows the contents of the public health-care arrangements, as well as services and scale. The agreement must be reviewed if circumstances change significantly.
If an employer to organize in occupational health care services, it will be the appropriate way to describe the factors referred to in subparagraph (1).
The State Council regulation can be adjusted in the agreement on the organisation of health care.

section 7 (22 December 2009/1271), the production of the services referred to in this Act, the employer may organise occupational health care services: 1), obtain the services of the public health Act (66/1972), within the health centre;
2) by organizing the necessary occupational health care services by itself or in combination with other employers; or 3) by acquiring the services of other health care services tailored to the operational entity or from the person.
The first sentence of section 1 of the occupational health-care services, as referred to in paragraph 3, the producer can have on health care include laboratory and clinical studies, as well as kuvantamispalvelut, kliinisfysiologiset neurofysiologiset studies also Hospital operating unit or a private health care Act (152/1990) referred to in the healthcare unit.

Article 8 of the joint action for the implementation of The necessary decisions by the employer is preparing a health protection at work, the employer should act in consultation with the workers and/or their representatives on issues relating to the organisation of the General guidelines for the workplace health protection at work and the planning of the operation, including the occupational health care action plan, content, scope and implementation of occupational health care and impact assessment, as well as to provide employees or their representatives in good time, the information necessary for the proceedings.
Before the employer determines the section 12 and 14 of the activities referred to in the opening, modification of the organisation substantially affect or occupational health-care, the supervision and control of the health and safety at work, has a job at työsuojeluyhteistoiminnasta (44/2006) which replaces the occupational safety and health referred to in the Commission or in any of its safety and Health Committee or under or, in the absence of the cooperation procedure is not a substitute, along with the occupational safety and health supervisor. If your workplace is not selected in the occupational safety and health supervisor, things are handled, as far as possible, together with the staff. (on 20 January 2006/51)
Workers and their representatives, have the right to make proposals for the development of health care. Suggestions and measures as may be necessary will be dealt with in cooperation with the as provides.

section 9 of the occupational health-care costs of the employer, it is true, the entrepreneur and the other his own work is entitled to compensation in the legal organisation of the occupational health-care and other health-care costs incurred by the Health Insurance Act (364/1963).
What are the in subparagraph (1) shall not apply in the community towards the cost of the drug tests. (13 August 2004/760)
SairausvakuutusL 364/SairausvakuutusL:lla 1224/2004 is repealed in 1963.

Article 10 of the protection of the employee If the employee completed the health check indicates that the worker is an obvious personal health due to exposure to a risk to health, employees will not be used for this kind of work.

section 10 (a) (20.1.2012/20) reporting in order to assess the employee's ability and Sairauspoissaolosta at work continue to establish as far as possible, the employer shall notify the employee health care sairauspoissaolosta no later than the time when the absence has been going on for months.
Chapter 3 General principles of implementation of occupational health care, and the content of article 11 of the occupational health-care plan of action and the substance abuse program (13 August 2004/760)


The employer must have a written occupational health care action plan, which should include general objectives, as well as the conditions of the workplace health care based on the needs and the resulting measures, taking into account paragraphs 1, 4 and 12. Workplace visits and other health protection at work is to be carried out by the studies based on the action plan will be reviewed on an annual basis.
The action plan is to take enough account of the multidisciplinary data on the relationship between work and health, and the health effects of work.
Occupational health care action plan can be a part of the occupational safety and health activities in occupational safety and health referred to in the program or other employer plan drawn up by the programme for the development of or.
If an applicant or employee is supposed to do under section 3 of the 6 drug test referred to in (a), the employer must have a written substance abuse program, which shall include the General objectives and the procedures to be followed in the workplace practices in order to prevent the use of the substance abuse and substance abuse treatment. The program can be a part of the occupational health care action plan. The tasks before the adoption of the programme is to be treated under the law as collaborating with companies (334/2007), collaborating with government agencies and institutions Act (651/1988), as well as between the employer and the staff of the municipalities Act (449/2007). Other than the yhteistoimintalainsäädännön in enterprises and public-sector covered by the employer must be notified before a decision is taken to set aside for employees or their representatives the opportunity to be heard from task-specific criteria for drug tests. (13 April 2007/456)
(L) collaborating with government agencies and institutions, 651/1988 is repealed by L:lla collaborating with government agencies and institutions 12/2013. The programme of safety and health at work-see TyöturvallisuusL 738/2002, section 9, of the conclusion of the drug tests and drug tests VNa 218/2005.

the content of the article 12 of the occupational health-care arrangements should be made available by the employer, as provided for in article 4 of the occupational health care is in line with the practice of good health: 1) the work and working conditions, health and safety and evaluation, by means of repeated job canvassing and other health-care methods, taking into account the job altisteet, workloads, working arrangements, as well as the risk of accidents and violence, as well as taking into account these factors, the work, working methods and planning, as well as working conditions change; workspaces
2) of work-related health hazards and pollution, as well as the status of the work of the health of workers and the operational capacity of the evaluation and monitoring of the resolution, including on the work and the working environment and the risk of a particular illness resulting from the above mentioned facts are due to health checks, taking into account the employee's individual characteristics;
3) proposed measures to improve the health and safety of the work, making, where appropriate, with a view to adapting the conditions for work of the employee, the employee in order to maintain the performance of the work and to promote the implementation of the proposals for measures and monitoring;
4) provision of information, advice and guidance on the safety and health aspects of the work and health of workers, including in matters relating to the employee for a reasonable cause statement requested by the työkuormituksestaan;
5 vajaakuntoisen in the work of the survival of the employee monitoring) and the conditions for the promotion of employee health, rehabilitation, taking into account the advice and treatment, or medical or vocational rehabilitation to control;
5 (a)) health insurance (12/2004) of Chapter 8 (5) (a), the employee referred to in section of the ability in the work of the assessment and the opinion of the ways; the opinion shall be included in the health assessment of the employee's and the employer's remaining capacity to work together with the employee and health protection at work, report on the possibilities to continue the work of the employee; (20.1.2012/20) 6) cooperation with other health care, national labour, social insurance and social assistance, as well as educational administration, with representatives of the occupational safety and health authority; , as appropriate, a common workplace, employers of the occupational health-care palvelujentuottajien, and other relevant bodies;
7) participation in occupational safety and health administration to organize first aid referred to in article 46; (2002-08-23/752) 8) for its part, to plan and carry out the tasks as defined in the law as part of health protection at work of the ability to sustain and promote the measures, including, if appropriate, to determine the need for rehabilitation; and 9) of the occupational health-care evaluation and monitoring of the quality and effectiveness of the operation.
The duties referred to in subparagraph (1) above is carried out, mutatis mutandis, in cooperation with the management, in the line organization, human resources management and yhteistoimintaorganisaatioiden.
Common workplace specific hazard or to establish employers ' broad spectrum of health workers is of the occupational health-care expertise to the benefit of using Act in cooperation with the way separately.
The State Council Regulation sets out in more detail the implementation of the tasks referred to in paragraph 1 for those to be used in normal methods and means.

section 13 of the employee's responsibility to participate in the health check will not, without reasonable cause, to refuse to participate in the work of the health inspection referred to in the law, which in the case or the pending is necessary: 1 to determine the State of health of a specific illness) the hazardous activity, at work or in the work environment; or 2) in his work or activity the ability to determine the State of health of the workplace,.
The health check is being carried out with the agreement of the employee, as the patient's status and rights (785/1992) 6.
Under paragraph 1 above, on the basis of the health check, the provision referred to in paragraph 2, the certificate shall be entered in the general assessment of the conditions of the employee's health care for him or her osoitettaviksi of the planned tasks. (13 August 2004/760) section 14 of the other health care services, the employer may, in addition to the services referred to in article 12 of the workers to organise the provision of medical care, and other health care facilities.
Entrepreneurs and others their own work make may arrange themselves in addition to the services referred to in article 12 of those referred to in paragraph 1, the provision of medical care, and other health care facilities. (on 22 December 2005/1117), Chapter 4, section 15, of the Employer health care Data processing required to provide information to the Employer will need to provide health care professionals and experts for the work, accidents at work, occupational diseases, the importance of staff, workplace conditions, and their changes, as well as other comparable factors, information that is necessary for the work of a health hazard to the workers or to assess the damage and prevent it.

section 16 of the employee's obligation to provide information, the employee must, at the request of any of the occupational health-care services to the producer the information health risk factors in the workplace.

section 17 of the occupational health-care service provider to disclose information on health care services and counselling, the producer must provide relevant information to employees, and the employer of the health hazards of the workplace and workplace conditions and the demerits and the ways to fight it. The employee must be given information about the occupational health-care worker carrying out health checks, their purpose, results and interpretations, as well as the rest of health protection at work of the content.
The employer, workplace safety and Health Committee and health and safety supervisor shall have the right to receive health care on the basis of their status as such from the positions in the information received by the persons, which is of relevance to the health of employees, as well as the development of the health conditions in the workplace.

section 18 confidentiality, disclosure of confidential information may not be disclosed, subject to the conditions of professional secrecy laid down in it, with the benefit of, the consent as separately. In the service of health-care services, the occupational health physician may be the producer notwithstanding the confidentiality of the patient's status and rights of the patient documents Act provides: 1) to the employer a written statement provided by a special risk at work, as well as on the basis of the conclusions of the health checks appropriate to their health and safety measures, to the extent that they relate to the maintenance of the health and safety at work;
the control of occupational health and safety occupational health and safety authority and 2) and the place of työsuojeluyhteistoiminnasta of the law on safety and health at work to the expert referred to in article 12 of the opinion referred to in paragraph 1 above, for the purposes of supervision; as well as (on 20 January 2006/51) 3) of the occupational health-care services at the request of the producer for the monitoring of this health hazard information such as a patient, to have been a worker health surveillance, which has been working with particularly hazardous work and illness that has been passed in a similar manner in the work of the service of the employer for which a dangerous health care information to the requesting health care provider is responsible for.

section 19 (13 August 2004/760) Drug test and certificate


A job applicant or employee on the basis of the positive drug test, carried out in the test result shall ensure laatuvalvotussa in the laboratory. Of seats is without prejudice to what the rest of the code provides for the right to get the test results in writing.
A drug test on the content of the certificate provided for in the Act on the protection of privacy in working life (759/2004). The certificate must be issued to the employer to be delivered to the testatulle themselves.
The provisions of the regulation of the Council of State can be used to provide more accurate drug testing for quality control and analysis of the implementation of the tests on the samples, and the interpretation of good occupational health care practice and laboratory quality standards.

section 20 of the access to information by the authorities of the right of the Ministry of Social Affairs and health, and the Department by providing expert has the right to obtain the information necessary for the performance of its functions under this Act, the occupational health-care huolehtivilta healthcare services and the implementation of a health care professional.

section 21 of the occupational health care in the preparation of documentation and the preservation of the occupational health-care patient documents and retention times is valid, what the patient's status and rights in law.
The Ministry of Social Affairs and health to provide guidance on the establishment of the occupational health-care documents.
Chapter 5 miscellaneous provisions section 22 of the occupational health-care Advisory Board for Health care planning and development in the context of the Ministry of Social Affairs and health work of the occupational health-care Advisory Board, the composition, the role and activities of the Council of State shall by regulation.

the employer or his representative pursuant to article 23 of the Penalties, which intentionally or recklessly fails to comply with section 8 of the Act provides for collaboration is to be condemned to a fine for violation of the occupational health-care yhteistoimintavelvoitteen.
The employer or his representative who deliberately or recklessly fails to comply with section 4 (1) of the Act provides the organisation of occupational health services or the content of the duty of organising occupational health and safety authority does not comply with the ruling, is to be condemned to a fine for non-compliance on health services.
The penalty for violation of, as well as identify failures to identify failures to identify failures they were defective or malfunctioning, causing the against and making space for the continuation of the status provided for in the fight against the Criminal Code (39/1889) section 47, Chapter 1.
Before the public prosecutor to bring a lawsuit against this Act, or for infringement of the provisions adopted pursuant thereto, is his violation of occupational health and safety authority, save where the prosecution has not indicated to be, obtain an opinion '. The public prosecutor shall, in good time, before the indictment before the Court, the matter shall be referred to the occupational health and safety authority shall inform the person concerned.

section 24 (22 December 2009/1559) this law and in accordance with the provisions adopted on the basis thereof to the employer in respect of the work of the service, on the advice of the occupational health-care health centers, health care facilities generating units and health-care professionals as well as the contents of the medical control of occupational health care services include the Ministry of Social Affairs and health, Ministry of Social Affairs and health, the Agency and the authorisation and supervision of medicinal products for the regional government agency as separately.
Occupational safety and health authorities, as the Act on the supervision of occupational safety and health and työsuojeluyhteistoiminnasta (44/2006), to ensure that the employer arranged in the law or within the meaning of the instruments adopted on the basis of the occupational health-care.
If the employer has not fulfilled the words of this law in accordance with the provisions laid down in accordance with it, the employer's duty to organize occupational health care services and provided for in the event of a dispute the content of the obligation to organize, control and occupational health and safety occupational health and safety authority before a job työsuojeluyhteistoiminnasta in the Act on the opinion of the employer referred to in a binding decision, the request of Social Affairs and health and the control of the Agency.
The supervision of the activity referred to in article 14, provides for individually.

section 25 of the regulations and agreements concerning health or the filming of nähtävänäpito the employer shall keep this law and its regulations, adopted pursuant to the employer and the occupational health care services, the agreement on the organisation of health care between the producer or employer health coverage, as well as in järjestämästään, on behalf of the description of the article 12, paragraph 1, sub-paragraph 1 the Board of Directors for a job clearing workers referred to in the workplace.

Article 26 entry into force this law shall enter into force on 1 January 2002. This Act is repealed on 29 September 1978 of the occupational health care Act (743/1978) later amended.
Those health care professionals, and the entry into force of this law, the experts who are qualified to work on health care, without prejudice to the provisions of this law are still valid in the current and the corresponding health care tasks.
THEY 114/2001, Shub 36/2001, EV 167/2001 acts entry into force and application in time: 2002-08-23/752: this law shall enter into force on 1 January 2003.
THEY'RE 59/2002, TyVM 4/2002, EV 110/2002, 13 August 2004/760: this law shall enter into force on 1 October 2004. Article 11: obligations of the employer provided for in paragraph 4 must be completed no later than the date of entry into force of the law within six months.
THEY 162/2003, TyVM 8/2004, EV 114/2004 of 22 December 2005/1117: this law shall enter into force on 1 January 2006.
THEY'RE 68/2005, 129/2005, THEY are Shub 22/2005, EV 144/2005 brought on 29 December 2005/1255: this law shall enter into force on 1 September 2006.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY 154/2005, Shub 19/2005, EV 129/2005 on 20 January 2006/51: this law shall enter into force on 1 February 2006.
THEY'RE 94/2005, TyVM 7/2005, (EC) no 1490/2005 of 22 December 2006, EV/1279: this law shall enter into force on 1 January 2007.
THEY 197/2006, Shub 38/2006, EV 176/2006 13 April 2007/456: this law shall enter into force on 1 September 2007.
THEY/17/2006, EV, TyVM 308/2006 30 May 2008/376: this law shall enter into force on 1 September 2008.
THEY 5/22/2008, Shub 2008 2008-19 December 2008/34 of the EV 1003: this law shall enter into force on 1 January 2009.
THEY'RE 92/2008, Shub 22/2008 22 December 2009/132/2008, EV 1271: this law shall enter into force on 1 January 2010.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY'RE 260/2009, Shub 52/2009, 22 December 2009/250/2009 EV 1559: this law shall enter into force on 1 January 2010.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY 161/2009, HaVM 18/2009, EV 205/2009 20.1.2012/20: this law shall enter into force on 1 June 2012.
Before the entry into force of the law can be taken in the implementation of the law.
THEY'RE 75/16/2011, 2011, Shub EV 76/2011

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