New act on the protection of pregnancy in work life emphasizes risk assessments

The Finnish Institute of Occupational Health’s media release 5 April 2024

The previous Government Decree on occupational factors that are hazardous to reproductive health and harm prevention (603/2015) will be replaced by a new decree on protecting employees who are pregnant, have recently given birth or breastfeed from work-related hazards (143/2024) that will enter into force on 5 April 2024.

More extensive risk assessment to come 

The new decree emphasizes risk assessments related to pregnancies, breastfeeding and employees who have recently given birth and also lists the factors that an employer must consider in their risk assessments.

In addition, the decree includes provisions regarding individualized measures that the employer must take in order to eliminate the risks concerning individual employees. It also defines the order of implementing the measures.

The list of assessed exposure agents is more comprehensive than before. The new decree includes, in particular, physical factors and work-related stress factors. 

In addition to those who are pregnant, the risk assessment must also take into consideration employees who breastfeed and who have recently given birth. However, some of the exposure agents mentioned in the decree do not pose a significant hazard to employees who breastfeed or have recently given birth, but are only hazardous during pregnancies. 

What changes with the new decree?

As additions to the old decree, the new one includes:

• Breastfeeding employees and those who have recently given birth.
• Physical factors that are known to pose hazards to employees who are pregnant or have recently given birth or to the pregnancy: noise, non-ionising radiation, extreme cold or heat, blows, vibration and movement, handling loads, movements and positions, moving, psychological and physical exhaustion and other physical stress factors related to the employee’s activities.
• Working conditions that are known to pose hazards to employees who are pregnant or have recently given birth or to the pregnancy, such as night work and smoke and chemical diving.
• The list of chemical factors was complemented with manganese, aluminium, welding fumes, hazardous chemicals absorbed through the skin and carcinogenic work methods mentioned in the decree 113/2024.

The decree does not cause immediate changes to the Government Decree on the implementation of the Health Insurance Act (1335/2004). However, the Ministry of Social Affairs and Health aims to update the decree by the end of the year.

Update for the guide and advisory services available

The guide on pregnancy and occupational exposure agents published by the Finnish Institute of Occupational Health in early 2022 also covers the exposure agents newly added to the decree. 

“Our reproductive health experts will update the guide to align with the national regulations once the decree on the special pregnancy allowance has been finalized. In practice this means that the update of the guide can get underway in 2025,” says Chief Medical Officer Heikki Frilander from the Finnish Institute of Occupational Health.

The Finnish Institute of Occupational Health’s pregnancy and work advisory service advises the experts of occupational health services and prenatal clinics as well as pregnant employees.

The previous Government Decree on occupational factors hazardous to reproductive health and harm prevention (603/2015) also covered the employer’s obligations on preventing hazards posed to fertility at the workplace. In the future, these obligations will be covered by the decree on the prevention of work-related cancer and reproductive risks (113/2024).

Learn more

• Pregnancy and occupational exposure agents (in Finnish)
• Pregnancy and work advisory service (in Finnish)
• Press release about legislation related to exposure agents toxic for reproduction
• The new decree (in Finnish): Valtioneuvoston asetus raskaana olevien,… 143/2024 - Säädökset alkuperäisinä - FINLEX ®

For more information, please contact

• Heikki Frilander, Chief Medical Officer, Heikki.Frilander@ttl.fi, +358304742265