Work Environment Requirements and HSE – Regulations, Responsibilities, and Practical Implementation

The Working Environment Act imposes extensive requirements on the working environment in enterprises. The purpose of the Act is to ensure a working environment that provides "complete safety against physical and psychological adverse effects" and to provide a foundation for a "health-promoting and meaningful working situation." This article provides an overview of the fundamental requirements for the working environment, the allocation of responsibilities in safety work, and the central measures to achieve a fully satisfactory working environment.

General Requirements for the Working Environment

Fully Satisfactory Working Environment

The central standard in the Working Environment Act is the requirement that the working environment must be "fully satisfactory," cf. the Working Environment Act § 4-1 (1). This is a legal standard whose content is determined based on the technological and social developments in society. This means that the requirements for the working environment become stricter in line with societal development, for example, when new technology or knowledge about risk factors suggests it.

The standard of being reasonable:

• Applies to all types of enterprises, regardless of financial position

• Is complemented by more specific provisions in laws, regulations, and guidance

• Does not mean that all risks must be eliminated, but that the business is organized so that employees are secured against health damage and accidents to the extent that it is practically feasible

To assess whether the working environment is fully satisfactory, all working environment factors that can affect the physical and psychological health of employees must be evaluated both individually and collectively. Elements that may seem reasonable in isolation may collectively pose an unreasonable burden.

Requirements for the Physical Working Environment

The Working Environment Act § 4-4 sets requirements for the physical working environment, including:

• Building and equipment conditions

• Indoor climate, lighting, noise, and radiation

• Ergonomic conditions - the workplace should be designed to avoid adverse physical stress

• Machines and other work equipment - must have necessary safety devices

As for chemical and biological risk factors, the law requires that:

• The working environment must be arranged so that employees are secured against accidents, health damage, and particular discomfort

• Dangerous chemicals or biological material should be replaced with less dangerous substances when possible (substitution obligation)

• The business must have routines and equipment to prevent health damage

• There must be a register of dangerous chemicals and biological material

Requirements for the Psychosocial Working Environment

The Working Environment Act § 4-3 sets requirements for the psychosocial working environment:

• The integrity and dignity of employees must be safeguarded

• The work should provide opportunities for contact and communication with other employees

• Employees shall not be subjected to harassment or other improper conduct

• Employees shall be protected against violence, threats, and adverse burdens from contact with others

Requirements for Adaptation and Participation

The Working Environment Act § 4-2 requires:

• That employees are informed about systems for planning and execution of the work

• Facilitation for professional and personal development

• Individual adaptation of the work

• Self-determination, influence, and professional responsibility

• Information and training upon the introduction of new systems or technology

• Special focus on participation during restructuring processes

Responsibility for Safety Work

Employer's Responsibility

The employer is primarily responsible for meeting the requirements for the working environment, cf. the Working Environment Act § 2-1. This responsibility includes:

• Its own business and employees

• Others performing work in connection with the business (such as hired or self-employed individuals)

• Cooperation with other employers to ensure a fully satisfactory working environment

Employee Participation Obligation

Employees are obligated to:

• Participate in systematic HSE work

• Engage in safety work

• Report errors or deficiencies that may pose a danger

• Notify the employer or safety representative about harassment and discrimination

• Use mandatory protective equipment

Organized Safety Work

Safety Representative

All enterprises with employees must generally have a safety representative, cf. the Working Environment Act § 6-1. The safety representative:

• Acts as the employees' representative in working environment matters

• Must safeguard the interests of employees in issues concerning the working environment

• Must ensure work is conducted in a manner that safeguards safety, health, and welfare

• Can stop dangerous work if there is an immediate threat to the life or health of employees

Working Environment Committee (AMU)

Enterprises with at least 50 employees must have a working environment committee, cf. the Working Environment Act § 7-1. The working environment committee:

• Is a cooperative body with representatives from both the employer and employee sides

• Must contribute to the implementation of a fully satisfactory working environment

• Must address issues of training, plans that may affect the working environment, and health and welfare matters

• Must review all reports of occupational diseases and workplace accidents

The Role of the Labour Inspection Authority

The Labour Inspection Authority supervises compliance with the provisions of the Working Environment Act. The authority can:

• Provide necessary guidance on working environment matters

• Issue orders to implement measures to comply with the law

• Impose coercive fines if orders are not fulfilled within the deadline

• Stop operations wholly or partially until orders are complied with

Measures in Working Environment Efforts

Systematic HSE Work

The central measure for achieving a fully satisfactory working environment is the requirement for systematic health, environment, and safety work (internal control), cf. the Working Environment Act § 3-1. This work must:

• Be carried out at all levels of the enterprise

• Be conducted in cooperation with employees and their representatives

• Include the establishment of goals for HSE work

• Involve hazard identification and risk assessment

• Include the development of action plans and implementation of measures

• Include systematic monitoring and review of HSE work

Special Precautions for Safety

The Working Environment Act § 3-2 requires that:

• Employees are made aware of accident and health hazards in work

• Those leading work have necessary competence

• Expert assistance is obtained if the employer lacks necessary competence

• Personal protective equipment is provided when necessary

• Written instructions are prepared for work with particular danger

Occupational Health Service

Enterprises must connect with an occupational health service when risk conditions dictate, cf. the Working Environment Act § 3-3. The occupational health service must:

• Assist in creating healthy and safe working conditions

• Have a free and independent status in working environment matters

• Be approved by the Labour Inspection Authority

• Have professional staff who can provide advice in occupational medicine, industrial hygiene, ergonomics, psychosocial working environment, and systematic HSE work

Summary

The Working Environment Act imposes extensive requirements to ensure a fully satisfactory working environment in all enterprises. The responsibility lies primarily with the employer but requires active participation from employees and organized safety work. Systematic HSE work is the central measure and must be performed at all levels of the enterprise. The working environment requirements are dynamic and must evolve in line with technological and social development in society.