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The Adoption Of The Law On Occupational Safety And Health Related Assessment Bodies

Original Language Title: Laki työsuojeluun liittyvien arviointielimien hyväksymisestä

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Act concerning the approval of occupational safety assessment bodies

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Approval of evaluation bodies

The Ministry of Social Affairs and Health adopts, on application, the conformity assessment bodies of machinery, work equipment, personal protective equipment and other similar technical equipment provided for the application of labour protection rules In the form of notified bodies or similar tasks within the meaning of European Union law.

The approval decision shall specify the area of competence of the assessment body, lay down the arrangements for the supervision of the evaluating body and, where appropriate, lay down additional requirements, restrictions and conditions for its operation to ensure that: Appropriate performance. The decision is suspended for the time being or for a specific reason.

ARTICLE 2
Conditions for approval of the evaluating body

The conditions for the approval of the evaluating body are:

(1) the evaluation body shall be independent in its activities;

(2) the evaluation body shall have at its disposal sufficient staff, independent of its activities, with the necessary technical expertise, training and adequate experience in the field, as well as the ability to draw up the certificates, records and reports of: Verify the performance of the checks, and the remuneration of the staff shall not depend on the number of assessments carried out or on the results of such evaluations;

(3) the evaluation body shall have the equipment, equipment, systems and procedures necessary for its activities;

(4) the assessment body shall have, taking into account the nature and extent of the activity, adequate insurance or other equivalent adequacy to be considered sufficient; and

(5) the evaluating body shall be a legal person registered in Finland or part of such a legal person.

Where the assessment body complies with the criteria set out in the relevant harmonised standards for which references are to be published in the Official Journal of the European Union, it shall be deemed to comply with the provisions laid down in paragraph 1 The conditions for authorisation.

ARTICLE 3
Application for approval

An application for approval of an evaluation body shall be submitted to the Ministry of Social Affairs and Health.

The application shall be accompanied by an accreditation unit of the Agency ( FINAS accreditation service ) The accreditation decision or, in the absence thereof, any other equivalent explanation given by the FINAS accreditation service or the independent expert body responsible for the fulfilment of the conditions laid down in Article 2. (17/04/911)

§ 4
Activities of the evaluating body

In the exercise of public administrative functions within the meaning of this Law, the evaluating body shall comply with the provisions of the Law on the operation of public authorities (18/09/1999) , by law on electronic transactions (2003) , administrative law (2003) , language law (2003) And the Sami language (1886/2003) Provides. The staff of the evaluating body shall be subject to the provisions relating to criminal liability. Liability for damages is governed by the law on damages (1999) .

The evaluating body shall monitor the development of the provisions and standards of its industry and shall cooperate with other national or international institutions in its field of activity.

The assessment body may be assisted by external testing, inspection or other services provided that the service provider complies with the conditions laid down in Article 2 (1) (1) to (3). However, the assessment body shall be responsible for the measures and the overall assessment of conformity.

§ 5
Monitoring and withdrawal of the assessment body

The Ministry of Social Affairs and Health monitors the evaluation bodies it has approved. The Ministry of Social Affairs and Health has a right of access to a place where the assessment body carries out conformity assessment activities. The Ministry of Social Affairs and Health is entitled, notwithstanding the provisions of confidentiality, to obtain the necessary information from the evaluating body.

The evaluating body shall inform the Ministry of Social Affairs and Health of any changes which may have an impact on the fulfilment of the conditions laid down in Article 2. The evaluating body shall report annually to the Ministry.

If the assessment body no longer fulfils the conditions laid down in Article 2 or does not comply with the conditions laid down in the approval decision, or if there are serious deficiencies in its operation, the Ministry of Social Affairs and Health shall invite the evaluation body to: Within the prescribed period. The Ministry of Social Affairs and Health shall withdraw its approval if the assessment body has not remedied the irregularities within the time limit.

ARTICLE 6 (17/05/1038)
Appeals appeal

The decision of the Ministry of Social Affairs and Health may appeal against the decision of the Ministry of Public Administration (18/06/1996) Provides. The decision shall be taken in spite of the appeal, unless the appeal authority decides otherwise.

The decision on the conformity of the assessment body shall be subject to an adjustment as provided for in the Administrative Law. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.

In the case of the withdrawal of authorisation, the decision to withdraw recognition shall be subject to appeal as laid down by the Law on Administrative Law. An appeal against any other decision of the administrative court may be lodged only if the Supreme Administrative Court grants an appeal.

L to 10/08/2015 Article 6 will enter into force on 1 January 2016. The previous wording reads:

ARTICLE 6
Appeals appeal

The decision taken by the Ministry of Social Affairs and Health under this Act is to be appealed against in the same way as the law on administrative law (18/06/1996) Provides. The decision shall, in spite of the appeal, be complied with, unless the appeal authority decides otherwise.

The decision to demonstrate the conformity of the assessment body shall not be subject to appeal. The decision of the evaluating body shall be required by the evaluating body of the decision. The correction procedure is laid down in Chapter 7a of the Administrative Code.

§ 7
Notification

The Ministry of Social Affairs and Health must inform the European Commission, as well as the Member States of the European Union, of any evaluation bodies or withdrawals approved by the notified body.

§ 8
Entry into force and transitional provision

This Act shall enter into force on 1 December 2010.

This law repeals the law on the supervision of labour protection and appeals in the field of labour protection (131/1973) Articles 2a and 20a, Regulation as amended by Law 1162/1999, and the Regulation on the approval of inspection bodies relating to employment protection (2003) .

Approval decisions adopted before the entry into force of this Act shall remain in force as laid down in their terms. The evaluating body shall comply with the provisions of Articles 4 to 6.

THEY 76/2010 , TyVM 5/2010, EV 131/2010 Council Directive 89 /686/EEC (31989L0686); OJ L 399, 30.12.1989, p. 18, Directive 2000 /9/EC of the European Parliament and of the Council (32000L0009); OJ L 106, 3.5.2000, p. 21, Directive 2006 /42/EC of the European Parliament and of the Council (32006L0042); OJ L 157, 9.6.2006, p. 24

Entry into force and application of amending acts:

7.11.201411:

This Act shall enter into force on 1 January 2015.

THEY 163/2014 , TaVM 15/2014, EV 115/2014

7.8.2015/1038:

This Act shall enter into force on 1 January 2016.

In the case of appeals before the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 230/2014 , LaVM 26/2014, EV 319/2014