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The Law On The Supervision Of Occupational Safety And Health And The Workplace Työsuojeluyhteistoiminnasta

Original Language Title: Laki työsuojelun valvonnasta ja työpaikan työsuojeluyhteistoiminnasta

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Law on the supervision of occupational safety and job protection

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

PART I

GENERAL PROVISIONS AND REGULATORY CONTROL

Chapter 1

General provisions

ARTICLE 1
Application and purpose of the law

This law lays down a procedure for the enforcement of labour protection provisions and cooperation between employers and workers in the workplace.

The provisions of Chapters 2 and 3 on the employer and the workplace shall apply mutatis mutandis to other entities subject to supervision by the labour inspecting authority.

The aim of the law is to ensure compliance with the provisions on employment protection and to improve the working environment and working conditions under the supervision of labour inspecting authorities, as well as cooperation between employers and employees.

ARTICLE 2
Definitions

For the purposes of this law:

(1) Employment protection authority The Regional Administrative Agency and the Ministry of Social Affairs and Health ( Ministry ) Carrying out tasks related to the safety oversight of the products; (22.12.2009)

(2) Inspector An officer in the office of the labour inspecting authority with the powers to carry out the control and inspection tasks referred to in this law; and

(3) Product Machinery, work equipment, personal protective device or other technical device or object, chemical or chemical device or object.

Chapter 2

Powers and responsibilities of the Labour Inspectorate and the inspector

ARTICLE 3
Control

The protection authority shall carry out checks on jobs and other areas of control and shall adopt other measures required by the legislation. In carrying out controls, the labour inspecting authority shall promote cooperation between the employer and the employees.

The control activities of the Occupational Safety Authority shall be governed by administrative law (2003) , language law (2003) , the language law (1886/2003) And the law on public authorities' activities (18/09/1999) Unless otherwise specified below. The labour protection management and the other tasks of the labour inspecting authority are laid down separately.

§ 4
Access to information and right of scrutiny

For the purposes of monitoring and control, the safety authority and the inspector shall have the right to:

1) enter a place where a work is carried out, or where there is a legitimate expectation of the work of the employer, to other premises which, under the law of the labour inspecting authority, the employer is obliged to make available to the workers, and where: Manufactured, preserved or presented for placing on the market or putting into service products intended for disposal;

(2) obtain from the employer the documents which, in accordance with the provisions of the supervisory authority under the supervision of the Labour Inspection Authority, are to be carried out or kept and to obtain other information on the matters covered by the provisions under the supervision of the Be held, maintained or held in any other way than in writing;

(3) to discuss with the person working in the place referred to in paragraph 1, or with the person in the place referred to in paragraph 1, in the presence of witnesses and in the presence of witnesses, and to obtain the information necessary for his/her duties under the supervision of the safety authority; The documents required by the provisions;

(4) obtain an explanation from the employer, other than those referred to in paragraph 2, of the employer's reports on the safety and health of workers related to the safety and health of workers related to the working environment or the holding of the working community; Structural, labour and production methods and other relevant plans affecting the safety and health of workers;

(5) to obtain from the employer 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 and health action plan itself, The report on the work of the workplace and any other explanation necessary for the supervision of the occupational health service;

(6) after having informed the employer, take a sample of the product or product in the workplace or of the product in use at the place of work or in the workplace for the purpose of carrying out a separate study or study; Pay compensation in accordance with the fair price, unless its value is negligible;

(7) to carry out work hygienic measurements at the workplace and, with the permission of the employer or for justified reasons, to describe it;

(8) obtain other information necessary for the supervision of the employer and copies of the documents mentioned in this Article.

At the request of the inspector, the inspector shall demonstrate his authority to carry out the inspection by means of a certificate issued by the safety authority.

§ 4a (26.6.2009/524)
Right to tax and pension insurance information

Notwithstanding the provisions on confidentiality and other access restrictions, the Labour Inspection Authority shall be entitled:

(1) The Law on the Duty and Liability of the subscriber in the use of outside labour (1233/2006) And for monitoring compliance with minimum conditions of employment, the information necessary for the fulfilment of the customer's obligation to pay taxes and the payment of taxes, as well as the necessary information on notifications to the tax administration The number of employees, the remuneration paid and the conduct of the business;

(2) Information necessary for the purposes of monitoring compliance with the law on the clearing obligation and responsibility of an employed person from the Pension Security Centre for the fulfilment of the obligation to convince the employer and the entrepreneur.

The information referred to in this Article may be applied by means of a technical service.

The protection authority shall have the right to receive the information referred to in this section free of charge. However, in the event of additional costs to the data donor, the costs shall be reimbursed.

§ 4b (26.6.2009/524)
Own-initiative information to the Tax Administration and the Pension Protection Centre

Without prejudice to the confidentiality rules, the Labour Inspection Authority may, on its own initiative, inform the Tax Administration of its suspicion of a non-taxable person's negligence, as well as to the Pension Security Centre on its suspicion of default of pension insurance.

§ 5
Conclusion of labour inspections

Work-protection checks must be carried out so often and as effectively as is necessary for the effectiveness of controls.

Workplace where there is a risk of loss of life or health is particularly effective. Checks shall be carried out, where appropriate, at the time of the work being done.

An inspection or other control measure necessary to investigate the matter shall be carried out without delay if the work protection authority has been informed that there is a suspicion of a breach in the workplace, the compliance of which is supervised by the Labour Inspection Authority; or When the employer, the Labour Inspect or the Working Protection Commission or the Joint Action Body so requests, if the elements set out in the request or in the notice give rise to it.

ARTICLE 6
Accident investigation

The investigation of an accident at work within the meaning of Article 46, which has become known to the Authority, must be carried out as a matter of urgency. The study shall identify the course of events and the reasons for the accident at work, as well as the possibility of preventing the recurrence of similar accidents.

§ 7
Notification and presence at the inspection

The inspection and the date shall be notified to the employer in advance, subject to Article 8. The employer shall inform the person concerned of the inspection or, if it is not, in an appropriate manner in the workplace.

Where possible, the employer shall ensure that the supervisor is present at the inspection. If an inspection is not present, the employer shall inform the inspector of the reason for his absence.

The employer and his representative, the protection supervisor and other employees shall have the right to be present during the inspection and during the inspection to present their views and questions and to obtain information on the inspection and related On further measures. At the request of the inspector, the inspector shall discuss with these persons on the matters subject to supervision on them, either at the workplace or, where appropriate, elsewhere. The inspector may, if required by the nature or scope of the inspection, limit or increase the number of persons involved in the inspection.

§ 8
Inspection unannounced

An inspection may be carried out without prior notification referred to in Article 7 (1), when it is necessary for monitoring purposes. In that case, the inspector shall, where possible, inform the employer and the employer or, where there is no such thing, in the appropriate manner in the workplace.

An inspection may be initiated without notification to the workplace referred to in paragraph 1 if it were likely to jeopardise the achievement of the objectives of the audit. In that case, the inspector shall, if possible at the latest at the end of the inspection, inform the employer and the worker protection supervisor of the inspection and, at the same time, provide them with an opportunity to express their views on the subject-matter of the inspection, and Following the findings of the audit. If, during or at the end of the inspection, the inspector has not met those persons, they shall be duly informed of the inspection carried out.

§ 9
Inspection at home-based premises

In the area of domestic peace, an inspection may be carried out if there are reasonable grounds for suspecting that the work or working conditions in the premises pose a risk to the person's life or essential harm or danger to his health or control. May otherwise be sufficiently achieved.

ARTICLE 10
Information confidentiality of the notifier

Where a job protection authority has been notified of a lack or maladministration in the safety or health of the workplace or any other suspected breach of its control, the identity of the notifier and the fact that: The control measure has been notified as a result of the notification. However, the identity of the notifier may be disclosed if it is necessary for monitoring purposes and the notifier has given its consent.

The information referred to in paragraph 1 may be given by the notifier to the District Attorney and Police Authority to investigate the offence.

ARTICLE 11
Inspection report

The inspector shall conduct a written inspection report without delay. The audit report shall indicate the conduct of the inspection and the main findings of the inspector. In addition, it shall include the operating instructions and requests referred to in Article 13, a description of the importance of the code of conduct and of the request and possible further measures. The request may also be provided in a separate document.

Paragraph 2 has been repealed by L 16.12.2011/1327 .

The audit report shall be notified to the employer and to the worker protection supervisor. Where there is no job protection supervisor at the workplace, the employer shall report the inspection report in an appropriate manner in the workplace.

ARTICLE 12
Use of the expert

The Labour Inspectors may be assisted by a qualified external expert in the investigation of the relevant point of control. The expert shall have the rights referred to in Article 4 to the extent necessary to determine the validity of the claim, as demonstrated by the authority of the Labour Inspection Authority for each case. However, the expert shall not be entitled to carry out his duties in the place referred to in Article 9 other than in conjunction with the inspector he assists.

The osh authority shall communicate the key findings of the expert to the employer and to the worker protection supervisor as they see fit. In the absence of a Labour Inspection Officer, the employer shall provide the key findings in an appropriate manner in the workplace for information.

The law governing the authority in the administrative law, the language laws and the law on public authorities' activities also applies to the expert in his dealings with the Labour Inspection Service.

Chapter 3

Use of powers

ARTICLE 13 (30/04/2013)
Provision of codes of conduct and invitation

If the employer does not comply with the obligations imposed on him under the supervision of the Labour Inspectorate, the inspector shall provide the employer with a written instructions to remove or remedy the state of the infringement.

Where, in the case referred to in paragraph 3, there is a risk or disadvantage due to the condition of non-compliance, the inspector shall, instead of the operating instructions, issue a written request for removal or correction of an anti-compliance status. Similarly, the inspector may submit a written request if the employer does not comply with the operational guidelines referred to in paragraph 1.

The request may be made in the case of:

(1) an aspect of the worker's safety and health related to the working environment and the condition of the working community;

(2) working time or annual accounts or any other obligation to record;

(3) the issuing of a written report on the core conditions of the contract law, as referred to in the contract law;

(4) organisation of occupational health services;

(5) the law on equality (1325/2014) The prohibition of discrimination, the prohibition of counter-measures or the prohibition of discriminatory job advertisements, or the obligation under Article 7 (2) of that law to draw up a plan to promote equality or Article 7 (3) of that Law The right to information of staff representatives;

(6) supervision of supplementary direct pension schemes;

7) the obligation laid down in this Act.

(16/05/10)

The operating instructions and the invitation shall identify the applicable provisions and the deficiencies observed in their compliance. In addition, the request shall set a deadline within which the employer must bring the status into line with the provisions, unless it is possible immediately.

ARTICLE 14
Referral to the Labour Inspection Authority

The inspector shall monitor whether the employer has complied with the request referred to in Article 13 (2) within the time limit. If the necessary measures have not been taken, the inspector shall promptly refer the matter to the Labour Inspectorate.

If the inspector discovers that the provision of a code or request does not appear to lead to the correction or deletion of an anti-compliance status, or that there is no delay, the inspector may refer the matter to the safety authority Without any instructions or advice.

§ 15
Decision of the Occupational Safety Authority

The employment protection authority may oblige the employer to correct or remove an anti-compliance status within the time limit set by it. When setting the deadline, account shall be taken of the time limit specified in the request.

The protection authority may, in accordance with the decision referred to in the Decision referred to in paragraph 1, impose a periodic penalty payment or a threat of commission or suspension as in the case of the (1113/1990) Provides.

In its decision, the Labour Inspection Authority may order that it be followed in spite of the appeal.

ARTICLE 16
Prohibition and temporary prohibition of use

Where there is a risk of loss or loss of life or health in the workplace, the safety authority concerned may prohibit a dangerous machinery, a tool or any other technical device, a product Or to continue using the working method or to continue working until the unlawful state of the law has been corrected or deleted. The protection authority may impose a penalty payment on the abovementioned prohibition, as provided for in the Code of Threats.

The inspector may immediately issue a prohibition on the use referred to in paragraph 1 as temporary if the risk of loss of life or health is imminent. The temporary prohibition of use must be observed immediately. The inspector shall immediately refer the matter to the Labour Inspection Authority.

§ 17
Processing of case

Before taking a decision, the labour protection authority shall, in addition to what is provided for in the Administrative Act, provide for the consultation of the party concerned, the right to be heard. He shall also be informed of the decision free of charge. The matter referred to in Articles 15 and 16 shall be treated as a matter of urgency.

Chapter 4 (10/03/603)

Security of technical equipment safety

ARTICLE 18 (10/03/603)
Prohibition of the transfer of technical equipment

Where, under its control, the Regional Administrative Office has found that a machine, tool, personal protective equipment or other technical device is not in conformity with the requirements laid down or otherwise likely to constitute a danger to persons, or Property, the Regional Administrative Agency, where necessary, shall refer the matter to the Ministry.

The Ministry may prohibit the release to the market or use of the technical device referred to in paragraph 1 until it has been brought into conformity. Instead of a ban, the Ministry can impose restrictions or conditions on extradition. If there are reasonable grounds for suspecting the technical device against the requirements, the Ministry may prohibit the release until such time as the conformity is resolved.

Although the technical device has been properly placed on the market or put into service, the Ministry may impose a prohibition in accordance with paragraph 2 or impose conditions or restrictions on extradition if the technical device is capable of jeopardising persons or property Security.

The inspector may issue the prohibition referred to in paragraphs 2 and 3 as temporary if the technical device intended for the placing on the market or use is not in conformity with the requirements laid down or, if it is introduced, may pose an immediate risk to the workers Safety or health. In addition, a temporary ban is necessary in order to achieve the purpose of monitoring. The inspector shall refer the matter to the Regional Administrative Agency, which shall refer the matter to the Ministry. The inspector, the regional administration and the Ministry must act urgently.

§ 19 (10/03/603)
Withdrawal and withdrawal of technical equipment

In the decision referred to in Article 18, the Ministry may require the manufacturer, importer or seller of the technical device, or any other person who has placed the technical device on the market or for use, to withdraw it from the market, and if the technical device is: Have been released, to take the necessary measures to eliminate it.

§ 19a (10/03/603)
Disposal of technical equipment

Where the prohibitions and provisions referred to in Article 18 or 19 cannot be considered sufficient and a technical device may pose a serious risk to persons or property, the Ministry may order the manufacturer, the importer, the seller or any other technical device The placing on the market or use of the disposal of the equipment held or returned to it. If it is not appropriate to dispose of the technical device, the Ministry may order the equipment to be rendered unfit or equivalent.

§ 20 (10/03/603)
Information and effects

The Ministry may, in its decisions in accordance with Articles 18, 19 and 19a, impose an obligation to inform, within the prescribed time and time, the measures necessary for the adoption of a decision, a technical device or a risk associated with the operation of the device, and the holder of the equipment Rights. The Ministry may impose an obligation on the manufacturer, importer or seller also where the technical device has been found to be illegal, but the decision referred to in Article 18, 19 or 19a shall not be taken as a result of the Technical equipment no longer exists for the placing on the market or use of the manufacturer, importer, vendor or any other technical device, and the obligation to provide information is subject to heavy safety and health reasons.

The Ministry may impose on the obligation laid down in the decision referred to in this Chapter the threat of periodic penalty payments or suspensions as laid down in the Code of Threes.

The Ministry shall notify the decision referred to in Article 18 (2) to the European Commission and, where appropriate, to the other Member States of the European Union, as provided for in Union legislation or elsewhere. The Ministry shall also provide for a notification procedure for technical equipment causing serious risk and any other information exchange as provided for in Union legislation or elsewhere.

ARTICLE 21 (10/03/603)
Examination of technical equipment and reimbursement of costs

The Ministry shall have the right to examine the technical device held by the person referred to in Article 19 if it is necessary for the supervision referred to in Article 18. If required by the holder of the technical device, the device shall be replaced by the fair price, unless it proves to be contrary to the requirements.

Where a technical device is contrary to the requirements, the Ministry may impose on the market reasonable costs incurred by the State for the purchase, investigation and testing of the equipment. The cost compensation provided for in this Article is directly enforceable. Its recovery is governed by the Law on the implementation of taxes and charges (20/2007) .

PART II

WORKING-PROTECTION COOPERATION

Chapter 5

Job protection cooperation in the workplace

§ 22
Objectives and implementation of the Joint Action

The aim of the joint action provided for in this Chapter is to promote interaction between employer and employee and to enable workers to participate and influence the safety and health of the workplace Treatment.

ARTICLE 23
Contract law

The joint action referred to in this Chapter may be arranged differently by a written agreement between employers and the national associations of employees.

The provisions of paragraph 1 of the statutes of the employers' national association shall apply mutatis mutandis to the State negotiating authority or to any other State contracting authority, the municipal labour market organisation, the Evangelical Church The contracting council and the Orthodox Church, the Bank of Finland and the Government of the Province of Åland and the municipal council of the Åland Islands.

An employer and an authorised representative or a representative authorised by the staff, or unless such a person has been elected, staff or staff members may agree to organise joint activities in a manner appropriate to the conditions of the workplace. At least equal opportunities for workers to participate in cooperation in the field of employment protection, as provided for in this Chapter. The agreement is currently in force and can be terminated after two months of termination. The contract shall be binding on the workers whom the representative of the employees of the contract shall be deemed to represent. The employer shall notify in writing of the applicable contract and the content of the contract in the workplace.

§ 24
Restrictions on contract law

The agreement referred to in Article 23 may not restrict the rights referred to in Articles 32, 36 and 37. The agreement cannot remove the rights provided for in Article 33, Article 34 (1) and (3) and Article 35.

The agreement referred to in Article 23 (3) may not restrict the rights laid down in Article 29, Article 33 (1), Articles 34, 35, 40 and 41.

ARTICLE 25
Working place

For the purposes of this chapter in the workplace, the nature and extent of the activity and the number of employees or the number of working units, taking into account the number of employees, are regionally and functionally appropriate The structure of the office or unit of action.

§ 26
Issues in the Joint Action

In addition, in the context of cooperation between the employer and the employees, in addition to the conditions of employment and employment, the work and employment conditions shall be treated as follows:

(1) matters directly affecting the safety and health of the worker;

(2) the principles and the way in which the hazards and disadvantages of the workplace are clarified, as well as the general impact on the safety and health of workers who have been identified in the above mentioned report and the occupational health service report; Issues;

(3) the development objectives and programmes related to the safety and health of workers related to the performance of the work-related activities; (16 DECEMBER 2011/1327)

(4) matters relating to the organisation and size of work affecting the safety, health and work performance of workers and their essential changes;

(5) the need and arrangements for teaching, mentoring and familiarisation of workers within the meaning of the law under the supervision of the Labour Inspection Authority;

(6) statistical and other monitoring data relating to employment, the working environment and the condition of the working community;

(7) monitoring the implementation and impact of the cases referred to in paragraphs 1 to 6.

The matters referred to in paragraphs 1 to 7 shall be dealt with in a timely manner, taking into account the timetable for their preparation and implementation.

§ 27
Processing of joint action

Under Article 26 (1) (1), matters are dealt with between the employer or the supervisor and the employee. A worker who represents an employee shall have the right to take part in the proceedings at the request of the worker and, if necessary, otherwise. Article 26 (1) (1) and other matters referred to in Article 26 are dealt with in the Labour Protection Commission referred to in Article 38, as referred to in Article 26 (1). A member of the bureau shall have the right to submit proposals to the Labour Inspectorate for the purpose of dealing with and amending the Joint Action and to receive a reasoned feedback from its proposals.

If there is no work protection committee in the workplace, the cases referred to in Article 26 (2) to (7) are dealt with by the employer and the Supervisor. In the absence of a work protection committee or an occupational safety officer, the matters referred to in Article 26 shall, as appropriate, be dealt with in accordance with (738/2002) Provides. There is a separate provision for cooperation in the field of occupational health.

If, on the basis of a collective agreement, a shop of confidence or a liaison officer or a contract law (55/2001), Chapter 13, Section 3 , the Labour Commissioner represents employees only in matters relating to the safety and health of work. The same person may be elected as a trustee or a liaison officer or a trustee.

ARTICLE 28
Joint working person representing the employer

The employer shall appoint a representative ( Head of work protection ) For the purposes of the joint action referred to in this Chapter, unless he or she does not perform this task. The role of the Labour Inspectors is to assist the employer and the managers in the acquisition of expertise in the field of employment protection, as well as cooperation with workers and the labour inspecting authorities. To this end, it is the task of the Chief Executive Officer to take the necessary measures to organise and maintain the cooperation between the employer and the employees in the workplace and to take action in the field of worker protection. Development.

In view of the nature of the job and the work, and taking into account the scale of the job, the Chief of Staff must be suitably qualified and have adequate knowledge of the conditions of employment protection and the conditions of employment and the appropriate conditions. Article 26 and the organisation of joint action.

§ 29
Member of the European Parliament and of the Council

At a working place where at least 10 employees are regularly employed, the employees shall select from among their number the work protection councillor and their two alternates to the joint activities referred to in this Chapter and to communicate with them. Employment protection authorities. In the case of other jobs, employees may choose from among their members the authorised ones. Workers in employment positions have the right to choose from among their members a representative for the protection of workers who represent them and two alternates.

For the remainder of his or her term of office, where the employment or temporary employment relationship or any other public-law service relationship ceases or differs from that of the Supervisor, he shall be replaced for the remainder of his term of office. The status of the High Commissioner for the Protection of Workers is the status of the High Commissioner for Labour.

In the absence of a temporary obstacle, the Deputy High Commissioner shall perform the duties of the Office of the Labour Inspection, which cannot be delayed until the expiry of the obstacle to the protection of the ombudsman. In such a case, the delegatee is entitled to the right to information, time and loss of earnings and the right to suspend dangerous work in accordance with Article 36.

During the barrier of the High Commissioner for the Protection of the Rights of the Child, his/her duties shall be exercised by the alternates who have received the most votes in the election of the Vice-appointed, unless otherwise agreed in accordance with Article 23.

ARTICLE 30
Selection of the High Commissioner for the Protection of the Labour and the Deputy

The Member State of employment and the deputies shall be elected by means of an election period of two calendar years, unless otherwise agreed in accordance with Article 23 of the term of office. The term of office of two calendar years may be agreed by the agreement referred to in Article 23 (1). The term of office may also be agreed for a period of four calendar years, for a reasoned reason, for a reasoned reason. The time and place of the treasure must be agreed beforehand with the employer. The election must be organised in such a way that all workers in the workplace can take part in it and that it does not cause unnecessary harm to the work of the workplace.

Where appropriate, the employer shall provide information on the right of employees to choose a job protection supervisor at the workplace. For the purpose of the organisation of the elections, the employer shall make available to the workers the list of workers employed and, where appropriate, those employed separately, and shall provide free of charge to workers under their control Premises. The employer shall not prevent or complicate the organisation of elections.

They shall immediately inform the employer of the result of the election of the High Commissioner for the Protection of the Labour Party and of the Vice-Elections.

In the event of a lack of awareness in the organisation of the election of the Labour Inspectorate, the inspector shall provide the workers with the necessary instructions. If in the workplace, where Article 29 has to be elected by the Labour Inspectorate, there has been no election, the inspector must take steps to achieve the election.

The decree of the Council of State may provide for more detailed provisions concerning the date, eligibility of the High Commissioner for the Protection of Labour and the Deputy Commissioners, the eligibility of candidates, the voting procedure, the voting procedure and other arrangements.

ARTICLE 31
Tasks of the oho

The Job Protection Supervisor shall represent the employees of the workplace when dealing with the matters referred to in Article 26 in conjunction with the employer and in relation to the labour inspecting authorities. In addition, it is the task of the High Commissioner for the Protection of Workers on their own initiative to familiarise themselves with matters affecting the safety and health of workers related to the working environment and the state of the working community, as well as on labour protection regulations. In the same way, he should take part in inspections and expert studies on employment protection, if this or the osh authority deems it necessary to participate in the study. The ohs should also help to draw the attention of the workers they represent to the safety and health aspects of work.

ARTICLE 32
Right to information of the High Commissioner for Labour

The employer shall have the right to obtain from the employer the documents and lists which the employer is required to keep in accordance with the provisions relating to employment protection. He also has the right of access to documents relating to the safety and health of work relating to the working environment and the condition of the working community held by the employer. In addition, he is entitled to obtain the necessary information from the employer for the performance of his cooperation activities.

The employer is also entitled to obtain from the employer the contract for the organisation of the occupational health service between the employer and the occupational health service provider, or the description by the employer of its own organisation. Occupational health and health action plan. The opinion of the High Commissioner for the Protection of Health at Work on the application for reimbursement of costs for occupational health shall be specified.

The Agency shall have the right to obtain copies of the documents referred to in paragraphs 1 and 2, to the extent required by the Joint Action.

§ 33
The right of the High Commissioner and the High Commissioner to receive training

The employer shall ensure that the work protection supervisor and the deputy are able to receive appropriate training in the performance of their duties in the field of employment protection provisions and instructions and other tasks. , taking into account their experience and previous training on health and safety at work. The training needs and arrangements shall be handled by the employer and the ohs and by the Vice-Commissioner within two months of the selection. The training shall not result in any costs or loss of earnings to the High Commissioner or the Deputy High Commissioner.

The training shall take place during working hours, unless otherwise agreed in accordance with Article 23.

§ 34
Time spent by the High Commissioner for Labour

The employer shall, for the purposes of the performance of the duties provided for in Article 31, exempt from his regular duties as a reasonable period for the performance of the duties of the Labour Inspection Officer, unless a valid reason: Temporary exemption from the exemption. When determining the time necessary for the performance of the duties of the Labour Inspection Officer, account shall be taken of the number of employees represented, the territorial extent of employment, the number of places of work and the nature of the work to be carried out, The factors contributing to the number of duties of the Labour Inspection Officer and other factors affecting the safety and physical and psychological health of workers affected by the Act on Safety and Health at Work are the hazard, hazard and load factors.

Save as provided for in Article 23 (1), the employer shall, unless otherwise agreed in accordance with Article 23 (1), at the workplace where at least 10 employees are regularly employed, the following factors shall be exempted from the , taking into account their regular duties for the performance of the duties of the Labour Inspection Officer for at least four hours in each of the four consecutive calendar weeks, subject to the exemption from the production or the activities of the employer The resulting appreciable disadvantage is temporarily waived Obstacle. The provisions of this paragraph shall apply to an occupational safety authority selected by the group of workers or members of staff who are members of the staff of the group of employees, whose group of workers or workers is liable to harm or risk to the safety or health of workers. Greater than the harm or risk to workers in another group.

The exemption provided for in paragraph 1 of the High Commissioner for the Protection of Workers shall be taken into account in the organisation of the works, as required by his regular duties. Otherwise, the Labour Inspection Officer shall take care of his/her duties as a result of a professional or administrative relationship or other service.

ARTICLE 35
Compensation for loss of earnings of the High Commissioner for Labour

The employer shall be obliged to reimburse the loss of earnings resulting from the work carried out by the Labour Inspection Officer. The compensation is calculated on the basis of what the Labour Inspection Commissioner would have earned during the course of his regular work during the period in which he or she performed the duties of the Labour Inspection Officer.

The employer shall make a reasonable remuneration for the necessary tasks of the Labour Inspection Officer, which has been notified by the Labour Inspection Officer to the employer.

§ 36
The right of the High Commissioner to suspend hazardous work

In the event of an immediate and serious risk to the life or health of the worker, the occupational safety officer shall be entitled, within the limits laid down in this Article, to suspend the work for the workers he/she represents.

When it is possible to do so in relation to the quality of the hazard and other circumstances, the Labour Inspection Officer shall inform the employer in advance and in any event as soon as it may not happen. The employer may, after ascertaining that there is no danger within the meaning of paragraph 1, order the continuation of the work.

The suspension of work must not limit work to a greater extent than the safety and health of work is necessary. In the event of a suspension, care shall be taken to minimise the risk and risk of interruption.

Where, in accordance with this Article, the Labour Commissioner has suspended the work, he shall not be obliged to pay any damage caused by the suspension of work.

ARTICLE 37 (17,061/758)
Protection against dismissal of the ohs

Article 10 of Chapter 7 of the Employment Contract Law provides for the termination of the employment contract by the High Commissioner for Labour and Labour, as laid down in Article 10 of the contract law. (756/2011) § 9 of the Confidence Pact for termination of contract.

ARTICLE 38
Labour Protection Commission

At a workplace where at least 20 employees are regularly employed, a work protection committee must be established for two calendar years at a time. The job protection committee is represented by the employer and employees of the workplace.

The employer shall take the necessary measures to organise the cooperation referred to in this Article.

ARTICLE 39
Election of the Work Protection Commission and composition

Unless otherwise agreed between the number of members and the representation of the different parties, the number of members of the Commission shall be four, eight or twelve according to the nature, scale and other circumstances of the workplace. A quarter of the members represent the employer as well as half the group of employees or employees, who are larger and a quarter of that group, which is smaller than these.

The employer shall appoint a representative of the Committee on the Protection of the Management Committee responsible for the preparation of matters dealt with in the Commission. The Executive Committee shall be chaired by the employer or his/her representative or by the person chosen from among its members. The Executive Director shall attend the meetings of the Commission even when he is not a member.

They are members of the Bureau for the Protection of Labour. The other members of the Labour Inspection Commission shall be elected by the election, which shall apply mutatis mutandis to the provisions of Article 30 on the electoral mandate.

More detailed provisions may be laid down by the Government Council Regulation on the date, eligibility of the Labour Inspection Commission, the eligibility of candidates, the voting procedure, the voting procedure and the convening of the elections, and the convening of the Commission and the other Of the tasks.

ARTICLE 40
Time and compensation for a member of the cpc

On the right of members of staff of the Labour Inspection Commission to be exempted from their regular duties for the purpose of carrying out the duties necessary for the protection of the necessary work and to receive compensation for the tasks referred to above Where appropriate, the resulting loss of earnings as well as the remuneration of the duties assigned to them outside the working time and the meetings of the Bureau shall apply mutatis mutandis to the provisions of Articles 34 and 35 of the Labour Inspectorate.

ARTICLE 41
At the premises of the High Commissioner for the Protection of the Labour and Social Protection

The employer shall demonstrate, without compensation, the place where the work is carried out for the purpose of keeping and accessing the documents relating to the management of these tasks, and on the condition that the For meetings necessary for the meetings.

The Workers' Protection Supervisor shall have the right to use normal office and communication tools in place at the workplace to the extent necessary for the duties of the High Commissioner for Labour, as agreed in accordance with Article 23.

ARTICLE 42 (15/02/2015)
Working-protection cooperation on a Finnish vessel

For the purposes of cooperation in the field of employment protection, this law shall apply with the following exceptions:

(1) any crew member shall be considered to be an employee;

(2) the management of the joint action shall be borne by the ship-owner;

(3) a ship with at least five crew members shall be selected by the Labour Inspection Officer and shall be set up by the Labour Inspection Commission.

The provisions of paragraph 1 shall not be concluded within the meaning of Article 23.

The Legal Affairs Committee shall be expressly provided for.

ARTICLE 43
Professional secrecy

The person performing the cooperation tasks referred to in this Chapter or in accordance with Article 23 shall maintain the economic position, business and professional secrecy of the employer, as well as the security and safety of the employer it receives in the performance of his/her duties. Information on the security arrangement, the dissemination of which would be likely to harm the employer or its business or contract partner, as well as information on the financial position of the private person and otherwise personally, unless it is protected by: The obligation of professional secrecy has been maintained; The transmission of information. The obligation of professional secrecy shall continue after the person has ceased to do so.

Chapter 5a (11.8.2006/701)

Joint work-protection activities in the workplace and in the fight against common hazards

Article 43a (11.8.2006/701)
Joint organisation of cooperation in the workplace

Joint work within the meaning of Article 49 of the Labour Code ( Common workplace ) The employer who controls the main control must take the necessary measures to ensure that Article 26 of the Law is dealt with in accordance with Article 26 of that Law.

Article 43b (11.8.2006/701)
Contract law

The organisation of joint activities in the joint workplace referred to in this Chapter may be agreed, as provided for in Article 23, mutatis mutandis. In order to deal with the activities of the High Commissioner for the Protection of the Protection of Human Rights and Fundamental Rights, it is necessary to take account of the limits of the right to agree contracts in Article 24.

Article 23 (3) of the Employment Protection Supervisor's right to act as a supervisor in the field of collective action in the field of worker protection under Article 51 of the Safety and Health Act cannot be restricted. By means of an agreement.

The fact that a joint job is a job within the meaning of Article 25 cannot be reconciled with the agreements referred to in Article 23.

Article 43c (11.8.2006/701)
Interested parties in a joint workplace

In the Joint Action, the parties to the joint action are the employer, or their representative and the principal authority controlling the joint action, as referred to in Article 51 of the Code on Safety at Work. The employer's employment protection councillor. Other cooperation activities in the field of osh are dealt with between the employer concerned and the High Commissioner for Labour.

If a common job is a construction site, workers working there, workers employed by different employers have the right to choose a joint employment protection councillor and two alternates to represent them in the workplace In cooperation with all employers and self-employed workers in the country concerned and in relation to the employment protection authorities.

Article 43d (11.8.2006/701)
Joint Executive Director

Where employers have not designated a joint working protection manager, the employer of the principal authority or the principal contractor in the joint place of work shall carry out the duties of the Chief Executive Officer under Article 28.

Article 43e (11.8.2006/701)
Rights of the High Commissioner for Employment and Labour

Articles 31 to 35 shall apply mutatis mutandis to the rights of the ohr. For the purposes of carrying out the tasks referred to in this Chapter, the Agency shall have the right to monitor and clarify the implementation of the matters referred to in Article 51 of the Safety and Health Code at the workplace. This right is directed at all employers, employees and self-employed workers in the workplace.

The rights of the Labour Inspection Officer to the Joint Construction site are valid, as laid down in Articles 29 to 37 of the Labour Inspection Directive.

Article 43f (11.8.2006/701)
Employment rights of an external employer in a common place of work

For the purposes of carrying out his duties, the worker who is employed by an external employer, as referred to in Article 50 of the Safety Act, shall have the right of access to a common place of work under the same conditions as those employed by him, The general safety and safety provisions of the workplace.

Article 43g (11.8.2006/701)
Work protection issues in the Joint Employment Committee

In the case of joint action in the field of joint action pursuant to Article 51 of the Code of Work on Safety and Health at Work, Article 27 shall apply mutatis mutandis to the joint action.

Where necessary, the employer using the main control shall, where appropriate, reserve the right to work in a common workplace for employers and independent jobseekers and, where appropriate, the handling of the case The possibility for the employer's employer to participate in the joint action referred to in Article 51 of Article 51 of the Law on Safety at Work, within the meaning of Article 38, or the Joint Action Body as provided for in Article 38.

Article 43h (11.8.2006/701)
Work-protection cooperation in the fight against common hazards

In accordance with Article 26, joint action in accordance with Article 26 shall be dealt with in accordance with Article 26, pursuant to Article 54 of the Labour Code.

Employers in the workplace within the meaning of Article 54 of the Safety Act shall have the right to agree on the appointment of a Joint Labour Inspection Officer.

PART III

APPEALS, NOTIFICATION OBLIGATIONS, PENALTIES AND VARIOUS PROVISIONS

Chapter 6

Legal remedies

ARTICLE 44 (17/05/1037)
Appeals against the decision of the Authority

The decision of the Ministry of Social Affairs and Health and of the Regional Administrative Office under this Act may appeal to the administrative court, as in the case of administrative law, (18/06/1996) Provides. In the case referred to in Article 15, Article 16 (1), Article 18 (2) and (3), and in the case referred to in Articles 19, 19a and 20 of this Act, the administrative right shall be subject to appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal. The appeal must be treated as a matter of urgency.

In addition to what is provided for in the rest of the law, the relevant supervisor may appeal against the decision granting the authorisation to derogate from the requirement to protect the worker. The decision of the administrative court may also appeal against the decision of the employment protection authority which is the subject of the appeal.

The suspension of the temporary prohibition referred to in Article 16 (2) and the temporary prohibition referred to in Article 18 (4) shall not be subject to appeal. The decision of the Administrative Court on the implementation of the exclusive right may appeal to the Supreme Administrative Court only in the main proceedings.

Appeal by the Regional Administrative Office to the decision on the Employment Council and certain provisions of the Law on Exemption (400/2004) , are laid down in that law.

L to 10/07/2015 Article 44 enters into force on 1 January 2016. The previous wording reads:

ARTICLE 44 (22.12.2009)
Appeal against the decision of the Occupational Safety Authority

The decision to bring an appeal under this law by the Regional Administrative Agency under this law is to appeal to the Administrative Court and to the decision of the Ministry of Labour under this Act to appeal against the decision of the Supreme Administrative Court As in the case of administrative law (18/06/1996) Provides. The appeal is urgent in the administrative court and the Supreme Administrative Court.

In addition to what is provided for in the rest of the law, the relevant supervisor may appeal against the decision granting the authorisation to derogate from the requirement to protect the worker. The decision of the administrative court may also appeal against the decision of the employment protection authority which is the subject of the appeal.

The suspension of the temporary prohibition referred to in Article 16 (2) and the temporary prohibition referred to in Article 18 (4) shall not be subject to appeal. The decision of the Administrative Court on the implementation of the exclusive right may appeal to the Supreme Administrative Court only in the main proceedings.

Appeal by the Regional Administrative Office to the decision on the Employment Council and certain provisions of the Law on Exemption (400/2004) , are laid down in that law.

ARTICLE 45 (22.12.2009)
Reminder

The employer, the worker concerned and the worker concerned shall have the right to make a written reminder to the Office of the Regional Administrative Board that the inspection has not been carried out in accordance with this law. A reminder shall be made within two months of the inspection or other control measure. A reminder shall be made of the control measures carried out and, where appropriate, a new inspection. The notifier shall be informed, within a reasonable time, of the measures to be taken by the reminder.

Chapter 7

Notifications for the supervision of osh

ARTICLE 46 (24/05/482)
Notification of an accident at work caused by death or severe injury

The employer shall immediately inform the police and the regional administrative authority of the accident at work and occupational diseases (10/09/2015) , which has caused death or severe injury. Police investigations shall be carried out without delay by the police. It shall be called the employer or his representative. The police investigation shall also be provided to the regional administrative authority and to the injured person or to his/her representative. A copy of the investigation report shall be submitted to the insurance institution and the applicant and to the interested party on request.

L to 52/2015 Article 46 shall enter into force on 1 January 2016. The previous wording reads:

ARTICLE 46
Notification of accidents at work and occupational disease

The employer is obliged to notify the Safety Authority without delay of an accident at the site of death or severe injury resulting from the accident at the site of the accident. (608/1948) To carry out a police investigation.

If the doctor rightly suspects an occupational disease (1343/1988) Or other work-related diseases resulting from work, shall be without delay, without prejudice to the provisions of confidentiality, to the Office. (22.12.2009)

The notification shall include:

1) the name of the sick person, identification number and other contact details;

(2) the name of the employer and the contact details of the employer;

3) other necessary contact details;

4. The nature and duration of exposure;

(5) information on the quality, detection and harm of the disease.

The Regional Administrative Agency shall forward the information referred to in paragraph 2 to the Medical Service for the register of occupational diseases. (22.12.2009)

The decree of the Council of State may provide for more detailed provisions concerning the content and transmission of the notification.

Article 46a (24/05/482)
Notification of other occupational diseases due to occupational disease or work

If a doctor correctly suspects an occupational disease or other occupational disease as a result of occupational diseases or occupational diseases, he shall without delay do so without prejudice to the relevant provisions of confidentiality.

The notification shall include:

1) the name of the sick person, identification number and other contact details;

(2) the name of the employer and the contact details of the employer;

3) other necessary contact details;

4. The nature and duration of exposure;

(5) information on the quality, detection and harm of the disease.

The Regional Administrative Agency shall forward the information referred to in paragraph 1 to the Medical Service for the register of work-related diseases.

The decree of the Council of State may provide for more detailed provisions concerning the content and transmission of the notification.

L to 52/2015 Article 46a shall enter into force on 1 January 2016.

§ 47
Notification of persons cooperating

With regard to the employer's obligation to inform the employer, the work protection councillor and the deputy members of the staff register provided for in the Register of Safety and Health at Work (1039/2001) .

ARTICLE 48
Prior notification obligation

Paragraph 1 has been repealed by L 16.12.2011/1327 .

The employer or any other person responsible for the activities shall notify the Authority of the work on asbestos night, other than temporary construction work and other similar activities, the nature of the work, the nature of the accident or damage to health; and Duration.

The decree of the Council of State may provide for more detailed provisions concerning the work or activities to be notified, the content of the notification, the notification period and other procedures.

Chapter 8

Notifications to other authorities and penalties

ARTICLE 49
Notification to other authorities

The Occupational Safety Authority shall inform the Authority concerned of the existence of an irregularity or inadequacy of a product whose safety rules are to be monitored by the other authority.

If the inspection referred to in this law arises or otherwise becomes aware of the fact that the Joint Action is adopted by the Joint Undertaking, (2003) Is likely to be broken, the suspicion of non-compliance with the law shall be notified without delay to the Joint Action Officer. (30.3.2010/217)

§ 50
Notification of a criminal matter and notification of notification

If there are probable grounds for suspecting that there is a law or criminal code under the supervision of a safety authority (39/1889) As a punishable offence, the employment protection authority shall report to the police for a preliminary examination. However, the notification may not be made if the act is to be taken into account, taking into account the circumstances, and the public interest does not require notification.

In the preliminary investigation of the act referred to in paragraph 1, the work protection authority shall be given an opportunity to be heard. The prosecutor shall provide the Authority with an opportunity to make an opinion before deciding on the charge. The Court of Justice has the right to speak and speak orally before the Court of Justice. (13/01/492)

Paragraphs 1 and 2 shall not apply to Chapter 47 of the criminal code The use of unauthorised foreign labour within the meaning of Article 6a. There is a separate provision for the notification of foreign employment and consultation of the labour inspecting authority.

ARTICLE 51
Penalty provisions

The penalty for breach of professional secrecy or confidentiality provided for in Article 10 or Article 43 is punishable by: Article 2 of Chapter 38 of the Penal Code (2), unless otherwise provided in law other than Article 2 of Chapter 38 of the Penal Code Paragraph 1 provides for a heavier penalty.

Punishment for the crime of safety at work Article 1 of Chapter 47 of the Penal Code And the punishment for violation of the rights of workers' representatives Article 4 of Chapter 47 of the Penal Code -In.

Any intentional or negligent breach of the notification requirement laid down in Articles 46, 46a or 48 of this Act must be condemned, unless otherwise provided for by law in other parts of the law, On the occupational safety offence Fine. (24/05/482)

L to 52/2015 (3) will enter into force on 1 January 2016. The previous wording reads:

Anyone who deliberately or negligently violates the notification requirement laid down in Article 46 or Article 48 of this Act must be condemned, unless otherwise specified in the law, On the occupational safety offence Fine.

The employment protection infringement is also punishable by the employer or his/her representative, who, intentionally or negligently, infringes the obligation of professional secrecy laid down in Article 53.

Chapter 9

Outstanding provisions

ARTICLE 52
Official assistance

At the request of the cpr, the police shall provide official assistance to carry out surveillance.

ARTICLE 53
Sightseeing

The employer shall keep this law and the acts adopted under it, as well as the name and contact details of the employment protection authority, the employment protection officer and the job protection supervisor in the workplace, in the workplace.

ARTICLE 54
Control

The employment protection authorities shall monitor the cooperation activities provided for in Chapter 5 and the provisions on reporting obligations laid down in Chapter 7.

However, the labour inspecting authorities shall not control the provisions of the Joint Action if the cooperation has been agreed in accordance with Article 23 (1) or (2).

Chapter 10

Entry provisions

ARTICLE 55
Entry into force

This Act shall enter into force on 1 February 2006. Before the law enters into force, measures may be taken to implement the law.

This law repeals the Law of 16 February 1973 on the supervision of labour protection and appeals in the field of labour protection (131/1973) With its subsequent modifications. The Decree of 14 January 2000 concerning the approval of inspection bodies in the field of employment protection pursuant to Articles 2a and 20a of the repealed Law (2003) Shall remain in force until they are repealed.

THEY 94/2005 , TyVM 7/2005, EV 178/2005 Council Directive 89 /391/EC; OJ L 183, 29.6.1989, p. 1

Entry into force and application of amending acts:

11.8.2006/7:

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 43/2006 , TyVM 6/2006, EV 64/2006

21.12.2007/1334:

This Act shall enter into force on 1 January 2008.

THEY 125/2007 , EV 105/2007,

26.6.2009, P.

This Act shall enter into force on 1 September 2009.

THEY 50/2009 , TyVM 5/2009, EV 62/2009

22.12.2009/15:

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

30.3.2010/2:

This Act shall enter into force on 1 July 2010.

THEY 177/2009 , VM 1/2010, EV 5/2010

13.5.2011/492:

This Act shall enter into force on 17 May 2011.

THEY 286/2010 , LaVM 34/2010, EV 311/2010

17.6.2011/758:

This Act shall enter into force on 1 August 2011.

THEY 174/2010 TyVM 15/2010, EV 303/2010

16.12.2011/1327:

This Act shall enter into force on 1 January 2012.

THEY 88/2011 TyVM 2/2011, EV 52/2011

15 JUNE 2012/398:

This Act shall enter into force on 1 November 2012.

THEY 140/2011 , TyVM 2/2012, EV 6/2012, Council Directive 2009 /13/EC; OJ L 124, 20.5.2009

9.8.2013/603:

This Act shall enter into force on 1 September 2013.

THEY 38/2013 , TaVM 15/2013, EV 75/2013

ON 30 DECEMBER 2011,

The entry into force of this Act shall be regulated by law.

This law is valid for L 1347/2014 From 1 January 2015.

THEY 19/2014 , THEY 111/2014 , TyVM 11/2014, EV 223/2014

6 MARCH 2015:

This Act shall enter into force on 1 April 2015.

THEY 276/2014 , StVM 42/2014, EV 286/2014

24.4.2015/482:

This Act shall enter into force on 1 January 2016.

THEY 277/2014 , StVM 49/2014, TyVL 18/2014, EV 315/2014

7.8.2015/1037:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014