This article provides an overview of the the Occupational Health Care Agreement. This the primary obligation regarding Health and Safety at work in Finland. It applies to all foreign companies posting workers to Finland, regardless of the duration of the assignment.
Summary of key obligations for posting workers in Finland
In accordance with European Directives 96/71/EC and 2014/67/EU regulating the posting of workers within the European Union, companies posting their workers to Finland, as well as to other EU/EEA countries and Switzerland, must comply with certain obligations, such as:
- Submission of the Posting Declaration, a document intended to inform inspection authorities of the presence of posted workers on site;
- Appointment of a liaison person responsible for managing contacts with the authorities in case of inspection;
- Compliance with working and wage conditions;
- A1 Certificate.
However, each assignment must be carefully assessed, as each EU country may impose additional obligations according to its national legislation. This is the case, for example, of Finland, where, in addition to compliance with national transpositions regarding the posting of workers (Act on Posting Workers [447/2016] and Posted Workers Act [1146/1999]), it is mandatory to adhere to national regulations concerning the protection of workers’ health and safety.
Who can use Occupational Health Care in Finland?
Under the Posting of Workers Act, the Occupational Health Care Act (1383/2001) also applies to posted workers in Finland. Therefore, foreign employers are required to provide employees with mandatory occupational health care during their assignment in Finland.
What is OHC and its purpose
The employer has the obligation to provide their employees with Occupational Health Care in Finland. This is due regardless of the size of the workplace or the duration of the assignment. Holding training and obtaining relevant certifications in the home country cannot replace the occupational health care organized in Finland. This provision is based on the fact that the conditions of the Finnish workplace can only be verified through a workplace survey.
Following this survey the OHC plan is drafted. It plays a crucial role in determining the scope of the required occupational health care services.
Finnish authorities are obliged to conduct necessary inspections to ensure that the employer complies with local health and safety regulations.
The primary purpose of the Occupational Health Care Act (1383/2001) is to promote:
- The prevention of work-related illnesses and injuries;
- The health and safety of work and the working environment;
- The health and safety of work and the working environment;
- The functioning of the workplace community.
This is achieved through cooperation between employers, employees, and occupational health services.
How to obtain it
In the context of the transnational provision of services, companies posting their workers to Finland must enter into an Occupational Health Care (OHC) Service Agreement. The entering must be finalized with a Finnish provider regardless of the duration of the assignment.
The employer and the Finnish OHC provider must draft a written agreement regarding the organization of occupational health care. This agreement must define the general provisions, content, and scope of the services. Additionally, a plan outlining the implementation of the services must be prepared. This plan should be based on a workplace survey conducted by the Finnish OHC provider.
The findings from this survey must be considered when drafting and updating the OHC plan. Subsequently, the employer and the Finnish provider will jointly prepare a written description of procedures for managing work ability, monitoring, and early support.
The law also states that this agreement must be amended whenever substantial changes occur.
How to enter into:
Employers can choose to enter into the occupational health care service agreement through:
- A Finnish health center;
- ndependently or together with other employers;
- Another unit or individual authorized to provide occupational health care services.
In any case, it is advisable to consult an OHC provider from Finland. This provider, based on its knowledge of Finnish health and labor legislation, can deliver the necessary services and assistance on-site.
Finally, it is possible for the Finnish client to extend its OHC agreement to include the workers posted by foreign companies to whom it contracts work.
Drafting the plan for the Occupational Health Care service agreement.
Employers must have a written plan related to OHC. This plan includes the general objectives of OHC and the specific needs arising from the conditions of the workplace. The plan must be reviewed annually based on workplace visits and other surveys conducted by the Finnish OHC provider.
Following the workplace survey, the appointed person will draft a report. Such report must be considered in the drafting and periodic updating of the OHC plan. This will be followed by a joint description from the foreign employer and the Finnish provider regarding work organization and health and safety prevention.
The employer must display the occupational health care service agreement and the subsequent documentation in a location at the workplace where all employees can read it.
Penalties for non-compliance with OHC
Additionally, in accordance with Finnish Criminal Code, employers or their representatives who intentionally or negligently fail to comply with the provisions of the Finnish Occupational Health Care Act will be subject to fines for violations of the obligation to cooperate in occupational health care. A penalty is also provided for failing to organize workplace services.
There are also penalties for violating safety regulations, including::
- having violated safety standards and/or
- allowing a situation that violates safety standards to persist.
In cases of aggravated violation or negligence, the penalty may lead to imprisonment for the employer for a maximum period of one year.
In cases of negligence resulting in injury or even the death of a worker, penalties under Chapter 21, Sections 8 to 11, and 13 of the Finnish Criminal Code may be applied to the employer.