The occupational safety and health representative represents employees at the workplace in cooperation in occupational safety and health. The term of office of the occupational safety and health representative is two calendar years, unless otherwise agreed before their election.
Provisions on the election and duties of the occupational safety and health representative and deputy OSH representatives are laid down in the Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces (44/2006). In addition, many collective agreements contain more detailed policies on occupational safety and health representatives.
The occupational safety and health representative and deputy OSH representatives are elected in elections
The employees elect an occupational safety and health representative and two deputy OSH representatives if at least ten employees regularly work at the workplace. Smaller workplaces may also elect OSH representatives and office personnel can elect their own representative. The OSH representative may be selected in an agreed-upon election if all voters agree on the procedure and the persons to be selected. All employees must be able to take part in the election, and the employer must not hinder the election in any way.
If an occupational safety and health representative has not been elected at a workplace with ten employees, the employer must inform the employees of their right to elect a representative. In addition, the employee must provide a list of all the employees at the workplace and provide facilities for holding the elections.
Tasks of the occupational safety and health representative and deputy occupational safety and health representative
An occupational safety and health representative is tasked with
- independently familiarising themselves with issues affecting the safety and health of employees in the working environment and the state of the work community by regularly observing them
- familiarising themself with the occupational safety and health regulations applicable to the aforementioned matters
- informing the supervisor and the occupational safety and health manager first of any deficiencies and defects they have observed
- acting as the employee’s representative in relation to the occupational safety and health authorities and participating in occupational safety and health inspections
- acting in a manner that promotes the increase of operating methods improving safety and health of the work at the workplace.
If the occupational safety and health representative is unable to perform their duties due to a temporary impediment, the deputy OSH representative may perform those duties that cannot be postponed. In this case, the deputy OSH representative has the rights to access information, use of time and compensation for loss of earnings, as well as the right to interrupt dangerous work, in the same manner as the main occupational safety and health representative.
If the occupational safety and health representative’s employment relationship ends or they resign from the duties of the occupational safety and health representative during their term of office, the deputy representative becomes the occupational safety and health representative for the remainder of the term.
Right to information, training, and a place of work
The occupational safety and health representative has the right to receive information from the employer for the performance of their duties.
These include
- occupational safety and health documents and lists that the employer must keep
- documents related to the working environment and the state of the work community that are relevant to the safety and health of the work
- an occupational healthcare agreement or a description of the occupational healthcare provided by the employer and an occupational healthcare action plan
- copies of the above-mentioned documents, if necessary for the performance of the task.
The employer must ensure that the occupational safety and health representative and the deputy representative have the opportunity to receive the training required for the task. The need for training and the organisation of training must be discussed within two months of the selection of occupational safety and health representatives.
Training takes place during working hours, unless otherwise agreed, for example, in the collective agreement. The training must not result in costs or loss of earnings.
The employer must provide the occupational safety and health representative with a place for storing and accessing documents and for meetings, as well as access to office and communication equipment.
Time use and compensation for loss of earnings
The employer must release the occupational safety and health representative from their regular duties for a reasonable period of time to perform the duties of the occupational safety and health representative. Release from work tasks may only be prevented on a temporary basis and for a valid reason.
The employer must give the occupational safety and health representative a genuine opportunity to carry out their duties as the occupational safety and health representative. This must be taken into account in work arrangements. The Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces contains a detailed list of matters that are taken into account when determining the time reserved for the performance of the OSH representative’s duties.
The release from work tasks will total at least four hours during a period of four consecutive calendar weeks where at least ten employees are employed at the workplace. The release from work tasks applies to the occupational safety and health representative representing the group of employees subject to the greatest harm or danger.
The employer must compensate for the loss of earnings resulting from the duties of the occupational safety and health representative performed during working hours. In addition, the occupational safety and health representative must be paid compensation for any necessary duties performed outside working hours of which the OSH representative has notified the employer or the employer’s representative.
Right to interrupt dangerous work
The occupational safety and health representative has the right to interrupt work that poses an immediate and serious risk. The OSH representative must notify the employer of the interruption, preferably in advance. The interruption shall not restrict work beyond what is necessary.
The OSH representative is not obligated to compensate for any damage caused by a legal interruption of work. Before the work can continue, the employer must ensure that there is no longer any danger.
Increased protection against job termination
An occupational safety and health representative has the same protection against job termination as a shop steward or an elected personnel representative. Accordingly, the employment relationship of an occupational safety and health representative may only be terminated on the basis of a reduction in work, restructuring procedures or bankruptcy if their work ends completely and they cannot be offered work corresponding to their professional skills or otherwise suitable work or trained for other tasks.
The employment relationship of an occupational safety and health representative may only be terminated for personal reasons if the majority of the employees they represent agree to this.
