1. Purpose of the guideline
This guideline is how Tukes interprets the application of the Act on the Safety of Consumer Services (185/2025). The short name of the act is the Consumer Services Act, and the abbreviation is KuPaL.
The purpose of this guideline is to help consumer service providers ensure compliance with the law. This guideline is not binding, unlike the Act. In this guideline, Tukes provides service providers with examples and alternatives on how they can meet the requirements of the Consumer Services Act. There may also be other ways to meet the requirements. It is the service provider that must ensure that its activities comply with the law.
2. Limitations
The Consumer Services Act applies to services intended for private consumption (KuPaL section 1). This means that the service must be primarily designed and implemented for private individuals. It does not matter whether the use of the service is free of charge or subject to a fee.
In addition, the Act applies to situations in which the service is used in a manner that corresponds to private consumption, even if it has not been procured as a private individual. Examples of usage comparable to private consumption includes a school class camp school at a youth centre, or the participation of a company’s employees in a nature service as part of a well-being at work day.
What the Consumer Services Act refers to as service providers can be companies, associations, communities, municipalities and other public sector organisations and private individuals.
As an exception, the Consumer Services Act does not apply to non-commercial services provided by associations that are only offered to the association’s members. The law applies to the services provided by the association, for example, to members of other associations or to other individuals who are not members of the association or who are considering membership.
The Consumer Services Act also does not apply to non-commercial services provided by private individuals. The characteristics of commercial activity include the pursuit of economic benefits and the scope, systematic nature and long-term nature of marketing and other service activities.
The Consumer Services Act is a general law. The general law means that the Act contains general provisions on the safety of services that apply to all services that fall within the scope of the Act. The Act does not contain detailed safety requirements for any particular service.
The Consumer Services Act can be applied concurrently with other general laws, such as the Rescue Act (379/2011) or the Health Protection Act (763/1994). If the legislation on a particular matter contains more detailed safety provisions than the Consumer Services Act, the other Act takes precedence over the Consumer Services Act (KuPaL section 2). For this reason, the Consumer Services Act does not apply to, for example, social welfare and health care services or transport services, as these are subject to specific legislation.
3. Safe consumer service
3.1 Criteria for a safe service
To make sure that the service is safe, the service provider must:
- design and implement the service in such a way that it meets the legal requirements, for example by following official instructions or other instructions, rules and standards on service safety.
- identify the risks of the service extensively and comprehensively, take measures to prevent risks, and ensure that any risks arising from the service are at an acceptable level. (KuPaL section 3)
There are obligations in the Consumer Services Act for service providers, the purpose of which is to ensure the safety of services and to prevent health hazards towards service users and persons in its immediate area of effect. A health hazard may, for example, cause physical or mental illness, disability or other impairment to health. Examples may include a fracture, an allergic reaction or psychological trauma.
The Consumer Services Act does not apply to property risks.
A safe service does not mean a service that is completely free of risks. This is a question of acceptable risk. In a safe service, the provider has reduced the risks to an acceptable level and they are under control.
The assessment of risk acceptability is case-specific and depends on factors such as the nature of the service as well as other matters in section 9 of the Consumer Services Act. When assessing acceptability, it is possible to consider the severity of the potential consequences of the hazard, the duration and frequency of the exposure to the hazard, and the potential to counteract the hazard or reduce its consequences.
The special characteristics of the users of the service also have an impact on acceptability. For experienced users of a service a higher risk in the service can be accepted than for new users. Acceptability is also affected by the customer’s expectations for the safety of the service (e.g. whether the users of the service are aware of the hazard in advance or what is the normal safety level of the type of service in question).
The service provider must ensure that the consumer service is safe for its users and others directly affected by it. It is the service provider’s responsibility to assess the safety of its service and provide adequate safety measures. Tukes ensures that service providers comply with the requirements of the Consumer Services Act. Tukes guides and advises service providers in compliance with the requirements.
3.2 Areas of service safety
The safety of a service consists of the following three areas, the significance of which varies from service to service:
- Physical safety is related to accidents, injuries and physical well-being: The service environment and the methods, tools and structures used in the service are safe. The service provider has reduced the factors and situations that cause health and other hazards in advance. The service is suitable for the baseline and expectations of the service users in terms of its physical strain and complexity. Near misses, incidents and accidents are handled appropriately.
- Mental safety is related to a person’s own mental well-being: The service requires knowledge or skills that are proportionate to the expectations and baseline of the service user. The service provider has considered the limitations of the customer’s baseline mental health and the possible effects of the service on mental health. The service makes it possible for a service user to learn, experiment, experience and exceeding oneself at their personal level. The service does not induce uncontrolled fear. The service can be interrupted without any unpleasant consequences. Fear and stress situations are handled appropriately, e.g. after a serious accident.
- Social safety is related to group interactions and atmosphere: The service provider must ensure, through its actions, that everyone promotes a safe atmosphere and interaction through the service. Participation in the service and its parts is voluntary. Peer pressure is proportionate to the baseline of service users and their expectations for the service. Service users are given help if they face difficulties with the service. The service provider has the capacity and means to intervene if the group’s atmosphere is socially unsafe.
The service provider must consider these safety aspects in a manner that is suitable for the nature and implementation of its service.
3.3 References of safety assessment
The service provider must be familiar with the legislation that applies to its service and comply with the requirements thereof. The Consumer Services Act specifies the requirements that the service provider must comply with to ensure the safety of the service and the general measures required of the service provider.
In addition to the Consumer Services Act, compliance with many other laws is also required, such as fire and rescue safety, occupational safety, health protection, food safety or animal welfare. Each law specifies its own supervisory authority.
As legislation does not contain detailed instructions on the safety of a particular service, the service provider must also study other guidelines, rules and safety practices concerning its service. Tukes must also take these factors into account in its supervision of service safety:
- The guidelines and recommendations issued by Tukes specify the general requirements of the Consumer Services Act. Tukes has prepared guidelines on the safety of several different services. The official guidelines published by Tukes provide examples of how to comply with legislative requirements, but compliance with the guidelines is voluntary.
- Standards define, for example, the safety requirements for products used in the services and the methods used to assess safety. In particular, product standards describe the safety level that must be achieved in the characteristics and use of the product, but there are other means to achieve the same safety level. Some standards also include requirements on maintenance and inspection intervals, operational safety monitoring or ensuring the safety of an installed product as part of the service.
- Codes of conduct on service safety include operating instructions, rules or guidelines on the safety principles or good practices of a specific service defined by sports federations or umbrella organisations. When assessing the safety of a service, it is always advisable to compare the safety level of your service with the general practices and operating methods in the sector.
- Knowledge and technology available at the time of the assessment: The service provider must consider the general development of safety and technology as well as good safety practices in its field.
- Reasonable expectations of users of the consumer service and those directly affected by it: It must be possible for service customers and third parties to trust that the service is safe and implemented in a manner that can reasonably be expected of the service in question, such as in relation to other similar services or service providers.
The importance and priority of the rules and guidelines listed above varies from service to service.
4. Duty of care
The service provider must ensure that the consumer service is safe for its users and others directly affected by it. Duty of care means that the service provider must ensure the safety of the service throughout the service's life cycle through compliance with the obligations laid down in the Act (KuPaL sections 3, 4 and 5–8).
There are many ways for the service provider to exercise its duty of care. The measures required to comply with the duty of care vary between services. Sufficient and reasonable measures required of the service provider depend on the type, nature and scope of the service, the circumstances in which the service is provided, and the number and special characteristics of the service users and others directly affected by it, among others.
Service users refer to the persons that participate in the service, such as the drivers and passengers of snowmobiles on a snowmobile safari, or the competitors and spectators of a national rally competition. This means that there are other names that the service users can be called, such as customer, audience, competitor, spectator, etc.
Persons who are directly affected by the service are not users of the service, but they move about or reside near the location where the service is provided in an area impacted by the service. They may be, for example, onlookers of the service performance, escorts or assistants of service users, or neighbours of the service location. The ways a service's immediate influence is limited is done on a case-by-case basis, but it can be considered to include persons who are directly exposed to the risks arising from the service without participating in the service itself.
In terms of the duty of care under the Consumer Services Safety Act, disclaimers or consents given by consumers are irrelevant. The service provider does not absolve itself from responsibility for the safety of the service even with explicit consents from consumers. For example, a sign at the service location stating “You participate in the service at your own risk” does not exempt the service provider from the obligation to ensure the safety of the service.
The service provider’s duty of care also includes not providing a dangerous service. The service provider is required to block or interrupt the provision of the service or part thereof if it poses an unacceptable risk to the safety of the service user or others directly affected by the service.
5. Service provider information on a consumer service
The service provider must have sufficient knowledge of the service they provide for them to provide the service safely and in compliance with legal requirements. For example, the service provider may be required to have information on the functional content of the service, its technical requirements, customers' special safety needs or competence required of the service provider. (KuPaL section 5)
The service provider’s duty of awareness only applies to reasonably available information, but is not limited to free sources of information or training, for example. In other words, the service provider must, for example, pay for training or standards if it is necessary to ensure that they are able to implement the service safely. If necessary, this information must be kept up-to-date, such as when the technology in the service sector develops.
6. Hazard identification and risk assessment
6.1 Purpose and objective of hazard identification
The service provider must identify risk factors and hazards related to the consumer service. The service provider must assess the associated risks appropriately (KuPaL section 6)
At the core of the Consumer Services Act is for the service provider to prevent accidents, incidents and near misses caused by the service in a systematic and targeted manner and to improve the safety of the service through systematic and comprehensive hazard identification. Therefore, hazard identification is the basis of all safety work.
The objective of hazard identification is to make the service provider comprehensively and in sufficient detail aware of the hazards and incidents related to its activities. Therefore, a general description of the typical hazards in the service sector alone is not sufficient to identify the hazards. Instead, the hazards must be systematically identified from the perspective of the service in question, taking, for example, the way the service is implemented and its conditions, service environment and customer characteristics into account. What is required is up-to-date identification of the hazards.
Based on hazard identification, the service provider must plan and implement the service in a manner that prevents the hazards as comprehensively as possible in advance. The primary goal must be to prevent the occurrence of hazards in the service as early as in the planning stage. If this is not possible, efforts must be made to reduce the harmful consequences of the hazard with versatile and effective measures.
The identification of hazards must be completed before the service begins, which must lead to practical measures to improve safety.
6.2 Methods of hazard identification
There are many methods for hazards identification. The identification of customer hazards can be combined with other safety analyses or, for example, an occupational safety risk assessment. To help service providers, Tukes has prepared a description of the different stages of hazard identification as well as forms and checklists for implementing the different stages.
When identifying hazards, it is necessary to consider the perspectives of physical, mental and social safety in a manner and accuracy that is suitable for each service (KuPaL, sections 3 and 9). Special attention should also be paid to identifying and examining the following hazards in services:
- risk of falling into water or drowning
- hazards caused by powerful kinetic energy
- risk of falling from a height
- risks caused by a large amount of people
- hazards arising from extreme conditions, or sudden changes in conditions
- hazards caused by large or otherwise dangerous animals
- hazards caused by procedures on the body or invasive treatments
- hazards caused by the remote location of a service environment.
All hazards associated with the different parts and stages of the service life cycle must be identified. Hazards that have been identified must be subject to a written investigation exactly as they emerge in the service in question. This means, for example, recording the hazards that occur in the service, the locations or stages of the service in which they occur, what kinds of dangerous situations they cause, who are at risk, what measures have already been taken to prevent dangerous situations and what additional measures are needed to improve safety.
Tukes does not require service providers to create a score-based assessment of the magnitude of risks arising from hazards. Instead, it is important for the service provider to have a clear overview of the risks associated with the service and a justified understanding that the measures taken so far have reduced the risks of the service to an acceptable level.
Hazard identification must be done in writing to produce records, which are a part of the service provider’s safety documentation (see section 11 for more information). The scope and level of accuracy of recording depend on the nature and risk level of the service, as per section 9 of the Consumer Services Act. The higher the risk of the service, the more detailed the hazard identification must be. Conversely, a narrower examination of simple and low-risk services is sufficient.
7. Service safety in planning and practice
Section 7 of the Consumer Services Act describes the measures that a service provider must take to ensure the safety of the service. The significance of the measures and which ones are chosen vary in different services. The measures are proportionately applied to different services, taking e.g. sections 3 and 9 of the Consumer Services Act into account. All of the following measures are covered by the service provider’s documentation obligation (see section 11).
7.1 Competence, number and tasks of personnel
The service provider must ensure that the personnel who participate in the implementation of the service have sufficient competence, that there are enough personnel and that there is a clear division of responsibilities between the personnel (KuPaL section 7.1 subsection 1). Requirements on the personnel include not only the service provider’s employees but also other persons involved in delivering the service, including subcontractors and volunteers.
Personnel competence
The competence and qualifications of the personnel consist of training, practical competence and experience, personal characteristics and knowledge of the special features of the service location in question. Tukes recommends that the competence and qualification requirements of the service are defined as early as the recruitment stage.
The service provider must orient the personnel to their tasks and the special features of the service location in question. If the competence or qualified personnel required for the service are not otherwise available, the service provider must ensure that the personnel are trained as necessary.
The determination of competence requirements for personnel must be based on the identified hazards of the service. The personnel must be familiar with the hazards and control measures of the service and the service location in question. The personnel must be able to act correctly in incidents and accidents typical of the service in question (KuPaL section 7.1 subsection 3). Regular drills thereof are also necessary.
Vocational education modules and qualification requirements defined by sports federations can be used to assess the competence level of personnel. If necessary, it is possible to verify the personnel’s competence with certificates of qualification, skills tests or performance tests. Personnel competence must be maintained through regular refresher training and drills.
The service provider must ensure that new employees, trainees, seasonal workers and foreign workers, in particular, are able to provide the service safely.
Tukes recommends that persons in on-the-job training or other similar employment relationships as well as minor employees are mainly only used under the guidance and assistance of fully qualified personnel. Apart from the exceptions in the Young Workers’ Act (998/1993), persons under the age of 18 may not be assigned tasks that include significant responsibility for their own safety or that of others, or that include a special risk of accident or health hazard.
Number of personnel
The service provider must ensure that the service has sufficient skilled personnel, considering the nature and scope of the service. What affects the number of personnel required for the service are factors such as the way the service is implemented, the number and special characteristics of customers, the prevailing conditions and other safety arrangements of the service.
The number of personnel required may vary, for example, depending on the number of customers or when the conditions change. If necessary, the implementation of the service must be changed so that the service can be carried out safely by the available personnel.
It is possible to estimate the number of personnel required by, for example, the fact that the personnel must be able to carry out tasks that affect the safety of the service, such as inspection, maintenance, and upkeep of equipment and structures. customer supervision, and be able to work with the number of customers in typical accidents and emergencies. For more detailed instructions on the number of personnel, see service-specific instructions and standards, among others.
The personnel responsible for the carrying out the service must clearly distinguish themselves from other persons present. This distinction can be made with clothing or name plates, for example. Staff clothes do not need to be completely uniform, but they must be easily identifiable, for example, from work clothes of the same colour.
Tasks of the personnel
The task of the personnel that carry out the service is to ensure that the service is safe, to anticipate and prevent potential hazards, and to guide and instruct service users in a way that avoids hazards and accidents. They must also know how to do the right thing in possible near misses and accidents.
The tasks of the personnel, breaks, placement and mobility in the service environment must be arranged so that the safety of service users can be ensured in all situations. The service provider must ensure that the personnel communicate with each other in a manner suitable for the service. The personnel may not have any other tasks that compromise their ability to ensure the safety of the service users or others directly affected by it.
7.2 Procedures, products and service environment
The service provider must only use procedures, products and service environments suitable for safely carrying out the service in question (KuPaL section 7.1 subsection 2).
Procedures used in the service
The procedures used in the service refer to all operating methods by which the service is carried out in practice. These include, for example, the procedures by which the service provider prepares the service for its users. In addition, these include how users are directed to prepare for the service, what the personnel and service users do in the service, and what happens after the service.
Only procedures that can be implemented safely for the customer group in question, with the available personnel and equipment and in the prevailing conditions may be used in the service. If the service provider can not ensure the safety of the procedures used in a service, the service must be interrupted or altered so that it can be carried out safely.
Machinery, devices, equipment, materials and other products
When purchasing equipment, devices, materials, substances and other products used in the service, the service provicer must take special legislation and applicable national and international standards into account (KuPaL section 3). The service provider must assess the suitability of the products it selects and, if necessary, change the service so that it can be implemented safely with the products in question.
Machinery, devices, equipment, materials and other products must be used in accordance with the manufacturer’s instructions and only for the purpose specified by the manufacturer. User and safety instructions must be available to service users, especially if they use the products independently without the guidance and supervision of the service provider.
The machines, devices, equipment, materials and substances must be stored appropriately. They must be inspected and serviced regularly as per the manufacturer’s instructions and not exceeding their safe service life. In addition to following the maintenance plan, the condition of the machines and equipment must be continuously monitored, and any faults corrected on a schedule appropriate to their severity. Hazardous products must be discarded.
Personal protective equipment (PPE)
PPEs are subject to the general instructions for the safe use of the products described above. PPEs include helmets, safety vests, hearing protectors, safety glasses and life jackets. Protective equipment includes climbing ropes, harnesses and protective clothing. PPEs and other protective equipment must be suitable for the service in question and comply with valid safety regulations.
The service provider must determine which PPEs service users must use in the service. This determination must be based on careful hazard identification.
Before initiating the service, the service provider must ensure that all service users have the necessary PPEs, other equipment and appropriate clothing that adequately protects against, e.g. weather conditions. The service provider must ensure that PPEs are used correctly in the service, are suitable for the users and are worn correctly.
The service users must be informed in advance of the PPEs or protective equipment they must bring with them or if they are not allowed to use their own protective equipment and materials. The service provider must ensure, in a manner that is suitable for the nature of the service, that all the protective equipment and gear used in the service (including the service users’ own) are suitable for the service in question and that they are used correctly.
Service environment and structures
The service provider must plan the service so that it can be carried out safely in the area or the venue reserved for it. The service provider must consider the effects of weather conditions, vandalism and unauthorised use on safety in outdoor services.
The structures must be durable, safe and suitable for the service in question. The structures must meet existing safety requirements, such as applicable construction regulations. It is recommended the planning and implementation of high-risk structures (e.g. tall and complex structures) is carried out by a knowledgeable and specialised party.
The service provider must regularly inspect the condition of the service environment and structures and correct any discovered faults on a schedule appropriate to their severity. It is recommended that a maintenance plan is prepared for the maintenance and inspection of the structures and that a maintenance log is kept. The municipal building supervision authorities supervise the compliance of construction with regulations and provide instructions.
7.3 Special situations, accidents and emergencies
Through hazard identification, the service provider creates a list of accidents, emergencies and other safety deviations that are typical or potential for the service. The service provider must plan for procedures to prevent these situations and to ensure that it is possible to act quickly and correctly in various exceptions. (KuPaL section 7.1 subsection 3)
The service provider must plan the division of labour and who is responsible in special situations, accidents and emergencies: who calls for help, who guides external assistance to the location, who gives first aid, who provides CPR, who guides the persons at the location and handles their safety. In addition, the service provider must establish a procedure for reporting serious near misses and accidents to Tukes (KuPaL section 10).
The personnel that carry out the service must have sufficient first aid and rescue skills, taking the customer group, location, type, nature and scope of the service into account. First aid and rescue skills requirements are particularly high for outdoor services if it takes a long time to get help to the site, if the service is used by a particularly vulnerable customer group or if the conditions are otherwise difficult.
First aid and rescue equipment must be suitable for the service and the types of accidents and injuries typical of it. A sufficient number of first and rescue equipment must be kept available considering the scope of the service. The equipment must be intact and subject to periodic inspection and maintenance. They must be placed in prominent positions and marked appropriately. Outdoor services implemented must include a portable first-aid kit suitable for the nature of the service.
First aid and rescue skills must be practised regularly. Tukes recommends that exercises are organised in the real service environment and in varying conditions. First aid training and exercises must be tailored in a way that they strengthen the personnel’s competence in the event of accidents and injuries typical of the service. The exercises must include training in the use of the first aid and rescue equipment used in the service. Depending on the nature of the service and its environment, it may also be necessary to practise evacuation, search-and-rescue or extinguishing a fire.
The service users must be sufficiently informed on what to do in a potential accident or emergency and where to call help (e.g. the address of the service or the rescue points on the route). The information that must be provided to service users in case of an accident depends on the nature of the service. What is essential is that service users are able to act correctly in an accident or emergency and receive help as quickly as possible.
All accidents must be considered in the continuous improvement of safety (KuPaL section 8). As a practical example, this means that after an accident, the service provider must review what happened with the personnel, such as how the accident could have been prevented and how to act in the future so that similar accidents do not occur. There are also provisions on special situations, accidents and emergencies in the Rescue Act (379/2011).
7.4 Provision of information to service users
The service provider must provide service users and persons directly affected by them with information necessary for safety (KuPaL section 7.1 subsection 4).
The provision of information must be based on the identified hazards of the service and safety plans. Warnings, prohibitions or other restrictions upon users of the service do not replace safety deficiencies that could reasonably be remedied by other means.
The information needed to ensure safety varies from service to service. These are examples of providing information to service users at different stages of the service:
Preliminary information on the service
The service provider must provide service users with the necessary information before carrying out the service, which they can use to assess if they can participate in the service safely in advance. Preliminary information may include, for example:
- service demand level
- requirements and restrictions on the user’s personal characteristics, e.g. physical condition, allergies, size, age, pregnancy, underlying illnesses
- necessary preparation and prior competence, e.g. required training or skill level, prior experience
- documents and permits required to use the service, such as a driving licence
- the user's personal equipment required for the service and related restrictions, such as personal protective clothing, PPEs, telephone
- any permanent and other material impacts caused by the service, such as information on the possibility of tattoo removal
Marketing material (e.g. advertisements and brochures) must realistically and truthfully describe the functions and services on offer. Marketing must not encourage prohibited or dangerous activities. For example, images used for marketing should feature service users wearing the personal protective equipment required to use the service.
Information provided at the beginning and during the service
Information provided to service users at the beginning and during the service includes, for example:
- operating instructions and code of conduct
- instructions for personal protective equipment
- instructions for interrupting the operation
- instructions for emergencies and accidents
- the person responsible for the safety of the service, such as the instructor, supervisor or coach.
The service provider should verify, either verbally or in writing, that the service users have understood the instructions given to them and are able to act accordingly. The higher the risk of the service, the more precisely the service provider must ensure that the participants have received and understood the safety information and are able to act accordingly. If necessary, the service provider may test the user's competence or understanding of the instructions before carrying out the actual service.
The service provider must monitor the activities of the service users during the service in a manner appropriate to the service and, if necessary, interrupt the activities and provide additional guidance to the service users if they do not comply with the instructions or if they are acting unsafely.
Information provided after the service
The service provider’s obligation to provide information may also extend beyond the service if it has safety effects that occur only after participation in the service or if the service user must do something to ensure their own safety after the service. For example, after participation in services that are physically or mentally stressful, it may be necessary to give instructions to service users to help them recover. After beauty care and body modification services, customers need to exercise special caution and care as well as take care of hygiene. Tukes recommends that the instructions given to the customer after the service are given in writing so that the customer can refer to them later.
Method of communication
The service provider must assess the most appropriate means, place and time to provide the service users with safety-critical information about the service.
The service provider must assess which information can be provided orally (e.g. as an orientation or announcements by the staff) and what must be provided in writing (e.g. as a written instruction given to customers on paper). The information provided on the services may also be provided with generally known or otherwise clear instructions, warnings, or signs. It is also possible to use videos or sound alerts. For more information on established instructions, warnings, prohibitions and restriction signs, see e.g. standard SFS 4424 on signs for outdoor and exercise activities.
Considering the nature and implementation of the service, the safety information and instructions should also be available as easily as possible to service users during the service (e.g. as signs, websites or written instructions). Especially in outdoor services, the service provider must ensure that, in case of an emergency, service users always have access to the necessary instructions.
All above-mentioned methods may be used to provide safety information to persons directly affected by the service. For example, persons moving around an outdoor service can be informed of the hazards and safe practices of the service by signs or by bulletins distributed in advance to local residents. In addition, holes in the ice, for example, must be clearly marked for those moving on ice. Sometimes, it may, for example, be necessary to delineate a service area with fences or tape to ensure the safety of people moving nearby.
Language requirements
Language requirements have not been laid down for information on consumer services. Service users and others in the sphere of influence must be provided with information in a way that they understand what is necessary for safety. Language difficulties must under no circumstances cause a safety risk.
The service provider must assess and determine the language skills required of the participants and inform its customers in advance. Consumer services must not be provided to service users who, due to their language skills, do not understand the necessary safety instructions.
If necessary, the service provider must translate the instructions into other languages, use images, videos or other visual means, or use an interpreter. If necessary, the service provider must determine the language skills required of the personnel so that they can guide customers correctly in a language they understand.
Age limits
There are no provisions on age requirements upon service users in the Consumer Services Act. However, other legislation does define age limits for some consumer services. In addition, standards and the guidelines of sports federations and associations include recommendations on the age limits of service users for different service sectors.
The service provider must consider the age of service users in the information provided about the service if it has an impact on service safety. The service provider must Inform the service users in advance of the age recommendations and limits of the service.
Tukes recommends that high-risk programme services (e.g. climbing services) are not offered to minors without the consent of their guardian. Tukes recommends that in high-risk services, the service provider verifies the consent of the guardian of an underage user in advance, such as by requesting this in writing. The parent of a minor must be sufficiently informed to assess whether the minor can participate in the service on the basis of their skills, characteristics or health.
7.5 Operational supervision of the service
The service provider must determine the procedures for arranging operational supervision for the service (KuPaL section 7.1 subsection 5). Depending on the service, this may mean, for example, the location of the supervisory personnel, what measures they take to supervise the service users, how the number of customers in the service at once is supervised, what is a safe group size for the service, or what kind of technical aids are used to support supervision.
To ensure the safety of the service, the amount and nature of supervision required depends, for example, on the type of service, risk level, number of customers and their special characteristics, the demands of the activities, prevailing conditions, etc. For certain services, the level of supervision and e.g. the size of group under the supervision of one person are defined in standards (e.g. adventure parks) or in sector-specific instructions (e.g. guided canoeing trips).
The need for supervision may vary at different times. It may be necessary to change the supervisory approach if, for example, the number of customers or circumstances change or there is some other exception.
Certain high-risk services require continuous supervision because a service user may end up in danger and require immediate assistance. These services include services on the water and riding services. It is typical for these services to require certain training of the supervisors for emergencies and exceptions, such as water rescue or swimming supervisor training or a further vocational qualification in the equine sector. In these services, it is impossible to fully replace supervision carried out by personnel with camera supervision – it is only one tool for the personnel to use.
In some services, it is possible that there is no need for operational supervision. Services that can be arranged safely without operational supervision include nature trails and playgrounds. In some service types, it may be sufficient for the service to be supervised with, for example, access control, spot inspections where the personnel make rounds in the service area, or camera surveillance.
Especially in services for children, it is also the duty of the children’s parents, guardians or other adults who enter the service with children to supervise their behaviour and safety. For example, at a swimming hall, the task of the swimming supervisors is not to supervise the safety of individual children, as that is the responsibility of the individual adults.
The service provider must assess, as part of the continuous monitoring and improvement of safety, if operational supervision is sufficient or if it should be increased. For this purpose, keeping records of near misses and accidents and maintenance records can provide useful information on the need for supervision.
7.6 Decommissioning of the service
The service provider must ensure that service is safe to use until the end of its life cycle (KuPaL section 7.1 subsection 6). Termination of the service may mean permanently decommissioning the service location or temporarily discontinuing the service, such as at the end of the season.
In nature and other outdoor services, discontinuing or decommissioning the service may require the service provider to carry out a number of different measures to ensure that the service remains safe until the end. What measures are needed depends on the nature of the service, the structures and size of the site and the level of risk, among others. Legislation other than the Consumer Services Act may also include provisions on decommissioning.
Tukes recommends that when the service provider prepares to discontinue the service, they draw up a plan for the decommissioning of the service that is suitable for its nature and special features. The plan should describe the measures to discontinue the service or decommission the service location, any special hazards and dangers, as well as the measures to ensure safety.
Broken or otherwise dangerous structures that are decommissioned must be dismantled or removed from the location in a manner and schedule appropriate to their level of risk. If the structures cannot be dismantled and they pose a risk, reliably prevent access to them, such as with a lock. In addition to locking the access routes, other measures to prevent unauthorised use are also required. In practice, this can mean that in addition to blocking access, informing users that access to the site or structure in question is prohibited.
If necessary, it may be possible to only remove the dangerous parts from the structure. In this case, ensure that the partial dismantling does not cause a hazard in itself.
It is often impossible to completely prevent users from accessing a nature or outdoor trail that is set to be decommissioned, for example. Even if sites like these are decommissioned from the service, everyone’s rights may allow people to keep using them. When a nature site is no longer offered as a service, signs and markings that refer to the provision of the service must be removed (e.g. bulletin board or road signs to the service location). For structures (e.g. duckboards), the service provider must assess under which conditions they can be left there or whether they must be dismantled to prevent the poorly maintained structure from turning into a hazard.
The service provider must Inform users of the decommissioning of the service in a manner appropriate of the nature of the service. For example, the service location's notice board, the service provider's website or local media for communications can be used. The service provider must remove decommissioned service locations from the service provider’s service descriptions and marketing material.
If necessary, the service provider must monitor the safety of the decommissioned service location after it has been closed and react to situations in a manner appropriate for the nature and risk level of the service.
8. Continuous monitoring and improvement of safety
8.1 Continuous monitoring practices
The service provider must continuously monitor the safety of the service, safety deviations, incidents and accidents, the implementation and adequacy of safety measures, and changes in the conditions and implementation of the service. Based on its observations, the service provider must take measures to ensure the safety of the service. (KuPaL section 8)
If necessary, the service must be suspended or discontinued if it cannot be carried out safely, for example, due to changing weather conditions or if users do not follow the instructions given to them.
Continuous monitoring of safety can be carried out, for example, continuous surveillance by the personnel, by collecting and documenting safety observations, requesting safety feedback from customers, carrying out safety walks, or with other safety audits. Another important measure for continuous monitoring is the documentation of incidents and accidents that occur in the service.
Analysis of and learning from the experiences and observations of the service, especially from accidents and near misses, is an essential part of continuous improvement of safety. Safety documentation must also be continuously supplemented and kept up to date as the safety of the service changes. Hazard identification and risk assessment must be reviewed regularly and updated to correspond to the current safety of the service.
The purpose of continuous safety monitoring is to ensure that either hazard identification or the implementation of safety measures are not one-off measures. It is done to enshrine safety management and leadership as an integral parts of the service provider’s regular activities.
Continuous monitoring of safety is closely linked to the service provider’s obligation to have correct information of its service (KuPaL section 5). The service provider must be aware of the general developments in the safety of the service, changes in the instructions and standards concerning the service, and what technical solutions are used in the sector. The significance of external changes in the safety of the provider’s service must be assessed and considered when developing the service.
8.2 Accident records
The service provider must keep an accident record that includes incidents, accidents and near misses in the service regarding its users and others (KuPaL section 8). Accident records are part of the safety documentation and the service provider’s continuous safety monitoring and management.
The service provider may determine the manner in which accident records are kept. Tukes recommends that accident records include information on an accident or near miss (time, place and cause of injury), the nature and severity of the injury or other damage, information on the causes of the incident, and the changes and improvements taken to prevent similar incidents.
The service provider must instruct its service personnel to keep a record of accidents. The service provider must continuously monitor the safety of the service on the basis of the entries and take action immediately if necessary. Tukes recommends that the service provider pay attention not only to individual serious accidents but also to minor accidents and near misses with a common denominator or that occur frequently in the service.
9. Risk-based application of obligations
The Consumer Services Act applies equally to all service providers, but it requires different measures from everyone. Each service provider must implement precisely the measures required to ensure the safety of their service. Therefore, measures must be targeted and proportioned so that they are appropriate, reasonable and sufficient for each service. (KuPaL section 9)
Risk-based application of the service provider’s obligations takes into account the following:
- hazards caused by the service
- type and nature of the service:
- scope of the service
- conditions under which the service is provided
- special characteristics of the groups of persons using the service and other groups within its direct influence.
In a complex, large-scale or otherwise high-risk service, more comprehensive and far-reaching safety assurance measures are required of the service provider than in a simple, small-scale or otherwise low-risk service.
The type of consumer service refers to its actual content (e.g. skin care, horseback riding, nature service), and its nature refers to the way the service is implemented (e.g. care visit, public event, excursion, exercise or competition). The type and nature of the service has an effect on, for example, what kind of hazards typically occur in the service and how the service user participates in the service performance.
Due to its type and nature, a consumer service may involve hazards that the service provider cannot completely eliminate, such as the risk of drowning or falling (KuPaL section 6). Therefore, the service provider must identify and study these hazards with particular care and take adequate measures to mitigate them.
The user’s role in the implementation of the service has an effect on the types of risk that can be considered acceptable and the customer’s expectations on the safety of the service. The more the customer is a simple, passive target of the service (e.g. a beauty care service customer), the greater the emphasis on the service provider’s personal competence. However, if the customer is an active participant in the service (e.g. a user of a climbing or adventure track), there is an emphasis on providing safety information and instructions to the customer and ensuring a safe service environment. If, instead, the customer participates in the service as a competitor, their expectations on the safety of the service may differ from those of the service users that are there for a simple try-out or to participate in beginner exercises.
The wider the scope of the service is in terms of its audience, operating area or distance, the more detailed are the advance safety plans required of the service provider. For example, supervision during the service, continuous monitoring of safety, anticipation of incidents, and timely intervention come into focus in services with a wider scope.
Regarding conditions, the service provider must consider the physical conditions (e.g. weather conditions and changes therein, distances, suitability of the area for the service) as well as factors of social and mental safety (KuPaL section 3), which may be related to the actions of a group of participants or the content of the service, among others.
It is also necessary to consider the special characteristics of the users of the consumer service and other persons affected by it when assessing the service provider’s risk-based obligations. These special characteristics can be, for example, age, sensory or physical impairment, or lack of language proficiency. The aim is that the safety measures of the service are appropriate for each customer group. Another aim is to ensure that the legal requirements do not turn into an unreasonable burden for service users who have particularly good advance knowledge or high skill levels because they are experts in the field, high-level enthusiasts or experienced competitors, for example.
It is therefore necessary for each service provider to know their own services and adapt their safety measures to the service in question.
10. Accident reporting
The service provider must report the following types of accident or near miss to Tukes (KuPaL section 10):
- A serious accident resulting in the death or serious injury, i.e. a long-term or permanent health impairment, of a service user or a person in its direct influence. An accident in which many people are injured or exposed to danger is also considered serious.
- A serious near miss that could have resulted in the death or serious injury of a service user or a person in its direct influence. Serious near misses may include near-drowning, falling from a height without physical injuries or, in a motorsport event, a racing car drifting into the stands.
- An atypical, unexpected or unforeseen situation which differs from the hazards identified in advance by the service provider or from the normal safety situation for the type of service in question. This may be a new or exceptional hazard or incident for the service location or type, or a new phenomenon or form of risk behaviour observed in service users.
If the accident or near miss is not serious, such as a minor accident typical of the sport in question, the service provider is not required to report it to Tukes. However, these types of incidents, accidents and near misses must be recorded in the service provider's accident records.
If there are many minor accidents of the same type or if minor accidents or incidents have a common denominator or surprising characteristic, do not hesitate to contact Tukes and ask for advice before submitting an actual accident report.
In its safety documentation, the service provider must specify what kinds of incidents an accident report is submitted in Tukes, what the report is like, and who is responsible for it (KuPaL section 7.1 subsection 3). Tukes recommends that service providers submit an accident report using the Tukes online form. The notification must indicate, in sufficient detail, what has happened, the identified reasons for the accident or near miss, and the corrective measures taken as a result of the incident.
11. Safety documentation
Safety document vs. safety documentation
Kulutuspalvelulaissa turvallisuuden hallinnan dokumentoinnin luonne on muuttunut verrattuna aiemman kuluttajaturvallisuuslain (920/2011, kumottu) mukaiseen In the Consumer Services Act, the nature of safety management documentation has changed compared to the safety document referred to in the previous Consumer Safety Act (920/2011, repealed). The obligation to document safety management now applies to all consumer services and service providers within the scope of the Act. In other words, the obligation to documentation also applies to services and service providers that have not previously been subject to the safety document obligation under the repealed Consumer Safety Act.
The Consumer Services Act no longer requires providers to prepare a safety document in a specific format. If a separate safety document has previously been prepared for the service, it is possible that it meets the requirements of the Consumer Services Act on the safety documentation of the service as is. However, the service provider must ensure that the previous safety document complies with the requirements of the Consumer Services Act regarding safety management documentation.
The documentation requirements of the Consumer Services Act differ in part from those of the previous Consumer Safety Act. The service provider must assess whether the safety document prepared under the previous Consumer Safety Act remains the best possible method for documenting safety issues for the service in question.
Content requirements
The service provider must document its hazard identification and risk assessment process (KuPaL section 6), the implementation of measures related to the planning and implementation of the service (KuPaL section 7), and its continuous monitoring and safety improvement measures (KuPaL section 8). The obligation to produce documentation is proportionate to both the risk level of the service and the matters listed in section 9 of the Consumer Services Act. This means that a higher-risk service requires more comprehensive and accurate safety documentation than a service with lower risks.
The content of the service’s safety documentation must correspond to the implementation of the service. This means, for example, that the service is implemented in the manner described in the documentation and that the identification of hazards covers all the services provided and describes the hazards that actually occur in the service.
A service provider that provides a wide range of services (e.g. several activities under the scope of a single service), or the same service in several locations, must ensure that the documentation adequately covers the safety matters of all services and service locations as required by the Act.
In order to fulfil this obligation, the service provider does not necessarily need to prepare new separate documentation if the matters required by the Act can be found in the existing material. For example, the rescue plan required by the Rescue Act, or the documents required by the Occupational Safety and Health Act (738/2002) may have the same content as the safety documentation required by the Consumer Services Act. It may therefore be appropriate to combine these safety plans. However, the service provider must ensure that the safety documentation meets the requirements of the Consumer Services Act even when it is combined with documents required by other legislation.
Format requirements
There is no format requirement for documentation describing the safety management of the service in the Act, except that it must be in written form. ‘Written form’ is not restricted to e.g. text documents, but documentation may also include images, numerical information or video. The documentation can be implemented, for example, as documents, files or electronic databases, and it may contain various reports, instructions, agreements, orientation materials, images, tables, diagrams or numerical data.
Safety documentation is primarily prepared to support the service provider's own safety work. It is the service provider that must assess what is the most appropriate way to document safety in its service as required by the Act. This documentation may be stored, in full or in part, in the service provider’s maintenance, operation or safety management system, for example.
Information on service safety can be stored in many locations. Tukes recommends that service providers draw up a table of contents for the safety documentation to indicate the storage locations for the information required by law. This makes it easier to manage a large amount of documentation. It is also possible to add information to the table of contents about the latest updates and persons in charge of the different storage locations.
Responsibilities and utilisation
The obligation to prepare safety documentation rests with the provider who implements or carries out the service in question. The safety documentation must be prepared to be suitable for the service provider’s operation and environment.
The service provider must possess the safety documentation concerning its service services. It is allowed to use an external expert to prepare safety documentation, such as to identify hazards or to compile documentation.
If subcontractors are used to implement the service, or it is provided in other ways together with other service providers, the service provider responsible for the service entity shall ensure that all service providers have prepared safety documentation for their own services. Tukes recommends that the service provider responsible for the service entity asks its subcontractors for documentation as soon as the planning stage of the partnership.
The service provider must review the safety documentation with the personnel implementing the service so that they are familiar with its content and are able to act accordingly. It is a good idea to keep records the personnel’s review of the safety documentation, which can be included in the personnel orientation programme, for example.
The safety documentation must be revised to keep up with the changing conditions. Changes that require revision include new or changed services, facilities, equipment, devices and machines as well as changes in operating methods.
Provision to Tukes on request
The service provider must provide the safety documentation to Tukes upon request. For example, Tukes may ask the service provider for certain parts or files of the safety documentation (e.g. hazard identification or accident records). For this reason, the documentation must be in a format that can be sent to the authority either electronically or by paper mail.
Examples of safety documentation content
The safety documentation of a service may include the following documents:
1. Hazard identification (KuPaL section 6):
- Written description of the hazards present in the service, assessment of the adequacy of the current measures and plan for further measures
- Implementation plan and monitoring of safety measures
2. Competence, number and tasks of personnel (KuPaL section 7.1 subsection 1):
- List of personnel, information on qualifications
- Work schedules
- Personnel orientation program or training plan, as well as any qualification and training requirements, including making safety documentation known to the staff.
- General description of the number of personnel required for the service and their competence requirements
- Tasks and roles of parties involved in the implementation of the service, such as sub-service providers, those responsible for maintenance or inspections, or those organizing the activities (e.g., written agreements, responsibility allocation tables, etc.)
3. Procedures, products and service environment (KuPaL section 7.1 subsection 2):
- Usage instructions and safety data sheets for equipment, products, devices and substances
- List of equipment or devices
- Maintenance plan
- Inspection, maintenance and repair requirements, schedules and other procedures
- Rescue plan for the property
- Documents that describe the service environment, such as a map of the area or a route description
- Restrictions on the number of customers and safe conditions
- Operating journal
4. Preparation for special situations, accidents and emergencies (KuPaL section 7.1 subsection 3):
- Description of preparatory measures or instructions for identifying hazards in special situations, accidents and emergencies
- Information on the personnel’s first aid training and exercises
- Information on first aid equipment and locations thereof
5. Information provided to service users and others directly affected (KuPaL section 7.1 subsection 4):
- Information on what, how and where safety information is provided to service users
- Restrictions and requirements for user health, physical fitness, experience, training, etc.
6. Operational supervision (KuPaL section 7.1 subsection 5):
- Description of supervision requirements and how supervision is implemented at different times of the service, such as personnel instructions on supervision, description the camera surveillance system and the need for supervision resources in relation to the number of customers
- Work schedules
7. Decommissioning of the service (KuPaL section 7.1 subsection 6):
- Decommissioning plan and, for example, related bulletins
8. Continuous monitoring and improvement of safety (KuPaL section 8):
- Accident records
- Procedures for reporting serious accidents and near misses to Tukes
- Safety observations, e.g. service users’ safety complaints, safety observations and suggestions for improvement by personnel and service users
