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Frontpage > Consumer Safety > Data bank for companies > If a product or service presents a risk



If a product or service presents a risk

If a product or service presents a risk, a trader or service provider must:
  1. Withdraw the product or service from the market
  2. Report the risk and measures taken to eliminate it to the competent authority
  3. Notify consumers of the risk and tell them what steps to take.

If a trader or other service provider such as a local authority, a housing corporation or a parish finds out that a product or service presents a risk to the health or property of consumers or other persons, the trader or service provider must immediately report the risk to the competent authority (Tukes, the state provincial office or a municipal health inspector). The trader or service provider must also report what measures have been taken as a result of the risk and must cooperate with the competent authority to eliminate the risk (Act on the Safety of Consumer Products and Services, section 4).

According to Tukes´ surveillance procedure, a trader or service provider must notify consumers if a risk is observed.

If a serious accident takes place during the performance of a consumer service, a trader or service provider must immediately begin rescue measures and call for help (tel. 112: rescue department, police).

When a risk assessment is made, a trader must place consumers' safety above the cost of corrective measures. Authorities responsible for monitoring product safety must naturally do likewise.

The fact that a trader immediately responds to a risk by voluntarily cooperating with authorities and swiftly recalling dangerous products gives consumers an image of a responsible business. Tukes can take this into consideration in its own information activities.

If a product or service presents a risk, this should be reported on the appropriate form and the form should be sent immediately to the competent authority. (Instructions are provided on the form.) The essential thing is to act as soon as a risk has been observed. A risk must be reported even if complete information concerning the product or risk is not available. Information can be supplemented later.

A report must be filed if a product or service presents a risk in the form of

  • damage to health
  • an accident (for example a fire or an injury requiring hospital care)
  • a dangerous situation or
  • a serious near miss. A near miss is an unexpected event that could have resulted in an accident.

Even a small risk can require a report in the following situations:

  • A product or service is broadly distributed (lots of buyers or users).
  • The risk is not obvious, which means consumers are not likely to recognize it.
  • The product or service is intended for children, young people or elderly adults.

In addition a report concerning a service which presents a risk must be filed in the following cases:

  • A situation has resulted in a fatality or near fatality.
  • An ambulance or the rescue service has been called to the scene.
  • A new type of risk has been observed. This should be reported so that others can be informed.
  • Security systems break down or are inadequate. This can happen if a bystander has to rescue someone at a swimming pool or indoor water park, for example.
  • If in doubt, it is better to file a report than to fail to do so.

The media are often interested in knowing whether a trader has complied with the law and filed a report to the competent authority. In addition to breaking the law, failing to file a report can damage a trader's public image.

A report does not need to be filed for ordinary accidents that do not involve serious injury (such as falling down on a ski slope, falling off a horse or getting scratched or bruised while abseiling). A trader must keep notes on such accidents, however. These can be used in developing safety activities and during official inspections.

Traders do not need to file summary reports of minor accidents (for example each winter or year), either.

A service provider (such as a provider of programme services) that operates in several locations should file a report to the local authority in the municipality where a dangerous situation or accident occurred. A report can also be sent directly to Tukes. Authorities exchange information received in reports.

A service provider must within the appointed time furnish the supervising authority the information that is necessary to monitor compliance with the law (Act on the Safety of Consumer Products and Services, section 16). Furnishing false information to an authority is punishable by a fine of up to six months in prison, according to Chapter 16 section 8 of the Penal Code (39/1889).

Note: Traders and service providers are responsible for the safety of the products and services they supply! Filing a report does not eliminate responsibility for seeing that products are safe!

Additional information on what to do if a product or service presents a risk and instructions on filing a report can be obtained from Tukes. A trader or service provider can use the same form to reply to Tukes if a product has been found to violate regulations.



More information at website

Accident reporting



Frontpage > Consumer Safety > Data bank for companies > If a product or service presents a risk