Rights of an occupational safety and health representative
Right to use time
The representative must be given exemption from their regular duties for a time within which they can be expected to realistically manage their representative duties.
The Act on Occupational Safety and Health Enforcement and Cooperation on Occupational Safety and Health at Workplaces has a list of factors that should be taken into account when determining the representative’s exemption time. The exemption granted to the occupational safety and health representative must be taken into account in the work arrangements and it must be included in the shift list.
When managing their representative duties, the occupational safety and health representative cannot be included in the numbers of trained nursing staff present at the workplace.
The legislated minimum exemption at a workplace of at least ten employees is four hours during each consecutive four calendar week period.
In the municipal sector, the representative’s use of time is determined based on the occupational safety and health representative’s use of time agreement.
Right of being informed
An occupational safety and health representative has the right to receive the necessary data for managing their co-operation duty from their employer. This information includes, for example, documents and lists related to occupational safety and health, which the employer is expected to maintain or possess.
Right to training
An occupational safety and health representative has the right to receive information and training that allow them to take care of their duties. The training needs and arrangements of the occupational safety and health representative and their vice representatives must be reviewed together with the employer within two months of their election.
The training needs of a vice representative depend on how extensively they are assessed to manage the duties when the actual occupational safety and health representative is indisposed.
The training cannot lead to any costs or loss of earnings to the occupational safety and health representative or the vice representatives. The training will take place during working hours, unless otherwise agreed.
Compensation for loss of earnings
The occupational safety and health representative cannot incur any loss of earnings due to managing their representative duties. The employer has the duty to compensate the representative for the loss of earnings that may occur due to the occupational safety and health representative’s duties managed during the working hours.
Right to interrupt dangerous work
An occupational safety and health representative has the right to interrupt work that causes an immediate or serious risk to life and health. The representative has to report this interruption to the employer in advance, if possible, or as soon as possible. The work can only be continued after the employer has made sure that the danger has been removed.
Protection against job termination
An occupational safety and health representative, similar to shop steward, has increased protection against job termination. This means that an employee representative has a stronger protection against job termination than other employees.