Amendments Introduced To The Finnish Occupational Safety And Health Act ' New And Specified Obligations For Employers

• Published date: 30 June 2023
• Subject Matter: Employment and HR, Health & Safety
• Law Firm: Borenius Attorneys Ltd
• Author: Sanna Kiviranta-Kontio and Hanna Lemberg

As of tomorrow, 1 June 2023, new amendments to the Finnish Occupational Safety and Health Act will enter into force. The aim of these amendments is to e.g. promote the work endurance and well-being of employees aged 55 and over. The amendments consist of specifications to the employers' occupational safety and health obligations, and the legislative changes aspire to prevent incapacity for work and improve employees' chances of being able to work longer and remain capable of work.

The employer's duty to exercise individual care

Going forward, employers must consider the personal circumstances that affect the safety and health of their employees. This includes the fact that all employees have different abilities to perform at work and that these abilities may vary at different stages of the employees' careers, which means that work duties and working conditions may need to be adjusted on an individual level.

As such, general occupational safety and health measures might not always be sufficient to protect each individual employee. However, although legislation requires for employers to consider the needs of its employees individually, employers must conduct a documented risk assessment of the workplace on a general level as employees' health information and personal details must not be reflected in the overall risk assessment.

The new amendments also introduce specifications to the work of employees who have given birth. Formerly, employers were obliged to assess whether work duties or the working conditions might pose a specific risk to a pregnant employee, but the new amendments have now extended this duty to cover employees who have recently given birth or who are breastfeeding. If their work duties are deemed to pose a risk to these groups of employees, the employer must take necessary preventative measures.

The employer's obligation to conduct analysis and assessment of hazards at work

The Occupational Safety and Health Act imposes an obligation on all employers to conduct an analysis and assessment of hazards at work, taking into account the...