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Comparison of Estonian and Finnish OSH legislations with regard to BOHS Kari-Pekka Martimo PAA 16.2.2004
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EOne Act on OH&S from 1999 EAct on OH&S includes also regulations related to safety issues, OD/WRDs and their notification, OHC, registration of service providers FSeparate Acts on Occupational Safety and OHS FAct on OHS originally from 1978 (renewed 2002); Act on OS originally from 1958 (renewed 2003) General remarks
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Erisk assessments Emedical examinations Eorganisation of medical rehabilitation Eprovision of advice to employers Adaptation of work Use of work equipment and personal protection Epsychological counselling Fworkplace visits Fmedical examinations Fmaking suggestions To both employers and employees Fprovision of information, incl. assessment of work load Fsupport to disabled workers Fcollaboration Fhelp to organise first aid Fassisting in work place health promotion Fassessing quality and outcome Contents of OHS by the Acts
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Basic OHS Surveillance of work environments Risk assessment Surveillance of health Proposing preventive and control actions Diagnostics of occupational diseases Providing first aid Providing GP level health service (where appropriate)
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ERelated only to the possibility of making risk assessment FDuty of OHS to perform repeated workplace visits in order to be organized and implemented to the extent required by work, work arrangements, personnel and workplace conditions, and any changes in these Surveillance of work environments
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EObligation of the employer to conduct internal controls of work environment and to prepare a written action plan EOHS provider may conduct risk assessments incl. measurements FObligation of OHS to investigate and assess healthiness and safety of work and work conditions having regard to exposure substances, workload, work arrangements, risk of accidents and violence Risk assessment
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EEmployer is required to organise medical examinations if workers’ health may be affected by risk factors of the work environment or the nature of work, and bear the costs (into force 1.7.2003) EPossibility/right of OHS to perform examinations EDecree on health exams FObligation of OHS to investigate, assess and monitor work-related health risks and problems, employees’ health, work ability and functional capacity; F Also at different stages of an illness FDecree on health exams in work with special risks Surveillance of health
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EEmployer is responsible to transfer worker to another position at his request and on the decision of a doctor EPossibility of OHS to organise medical rehabilitation, and to advice employers on adaptation of work, use of protection, and improvement of working conditions FOHS make suggestions for actions to improve healthiness and safety at work, to adapt work to needs of employee if necessary, to maintain and promote work ability and functional capacity Preventive and control actions
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EEmployee’s right to receive compensation for health damage caused by work (procedure established by the Government 1992) EDefinitions and duties related to OD and WRD, and the obligation of OHPs to make the diagnosis EList of ODs; two notification systems FAct and Decree on Occupational Diseases FAct on Insurance of Occupational Diseases and Accidents FEmployer may organize medical treatment and other health care services for employees FOne notification system Diagnostics of occupational diseases
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EEmployer responsible for arranging training on first aid and access to first aid equipment ENot listed in the possibilities of OHS FOHS include also participation in organizing first aid Providing first aid
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EDuty of OPs to examine and diagnose ODs and WRDs, but not included in the list of OHS and nothing about compensation ECurative care not mentioned in the Act FEmployer may organize medical treatment and other health care services for employees FReimbursement from Social Insurance Institution GP level health service
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Basic OHS Work life will need OH&S more than ever Full coverage of services infrastructures need to be organized (OHS for all!) Appropriate content and competence of OHS need to be ensured (to meet the needs of work life) Sufficient numbers of expert human resources are needed and their training be organized to meet the needs of work life
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New service provision models are needed (fragmentation) Multidisciplinary, comprehensive content and approach are inevitable OHS have been found productive in the view of health, work ability and enterprise as well as in the view of national economy Basic OHS
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Customer needs of OHS Society: Coverage Contents Costs Effectiveness Individual and organisational customer: Availability Participation Confidentiality Benefits
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EEmployer is required to organise the provision of OHS and bear the costs related to them (into force 1.7.2003) ETwo models; “legal person” or self- employed OHS provider EEnforcement by Labour Inspectorate FCompulsory to all employers FFour models to arrange OHS FWritten agreement and action plan required and available to all employees FEnforcement by Labour Inspectorate Coverage / Availability
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EOHS mean performance of duties by OH physicians, OH nurses, occupational hygienists, occupational psychologists OR ergonomists FIncluded in Good Occupational Health Practice defined in the Act FOH professionals (physician and nurse) AND experts (hygienist, physiotherapist, psychologist) Multidisciplinarity
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ERegulation No 144 of MoSA –Quality system by 31.12.2004: Patient satisfaction Management of risks Professional quality Organisational Quality –Supplementary training FOHS obligated to assess and monitor quality of activities (incl. customer satisfaction) FDecree on GOHP: Principles of GOHP Contents of OHS Qualifications Quality
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EAct on OHS: –Aim of OHS to contribute to the development of a safe work environment, to prevent WRDs, and to preserve and promote health and work ability of workers ERegulation No 144 of MoSA: –Customer satisfaction –Customer complaints –Complications FAct on OHS: –Obligation to assess and monitor the impact of activities FDecree on GOHP: –Impact of measures taken on work environment and work community –Employee exposure, accidents and ODs –Health, work ability and sickness absenteeism –Working methods of OHS –Implementation of suggestions made by OHS Effectiveness
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Group discussions The tasks of the groups: –to identify the strengths, weaknesses, opportunities and threats of OSH in Estonia (SWOT –analysis) –to suggest ways to eliminate the obstacles to BOSH –to name the main actors in the field –to draw up a list of priorities –to present a plan of actions to be taken in the near future –to discuss the role of OHC in the process
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Aims of the group discussion: -To assist in making the analysis of OHS in Estonia -To give material for the final report of the twinning project -To make suggestions to Estonian government and European Union -To support the future role of OHC Group discussions
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The topics and the rapporteurs of the groups: 1)Legislation- Tiit Kaadu 2)Infrastructure- Urmas Krass 3)Personnel and training- Ahe Vilkis 4)OHS processes- Ülle Sarap 5)Customers, information- Eva Tammaru
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SWOT -analysis Strengths ThreatsOpportunities Weaknesses
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How to use the strengths to achieve the opportunities? How to improve the weaknesses to achieve the opportunities? How to develop the strengths to minimize the threats? How to avoid weaknesses from realizing the threats? SWOT -analysis
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