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In accordance with the decision of the Parliament:
The purpose of the safety investigation is to increase public safety, the prevention of accidents and incidents and the prevention of accidents caused by accidents.
A safety investigation shall not be carried out in order to allocate legal liability.
The accident investigation centre shall investigate:
(1) an accident which, on the basis of the number of casualties or injuries or damage to the environment, property or assets, or the quality of the accident, is particularly serious ( Major accident );
(2) the accident and serious incident in aviation, as defined by the European Parliament and the Council on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94 /56/EC Regulation (EU) No 996/2010 ( Aviation accident regulation ) And Annex 1 to the Convention on International Civil Aviation (SopS 11/1949), with subsequent amendments thereto;
(3) a serious accident in rail transport, as defined in Council Directive 95 /18/EC on the safety of the Community's railways and Directive 95 /18/EC on the licensing of railway undertakings and the right of access to railway infrastructure And Directive 2004 /49/EC of the European Parliament and of the Council amending Directive 2001 /14/EC on the levying of charges for the use of railway infrastructure and safety certification ( Railway Safety Directive ) , and an equivalent accident in other private or public rail transport;
(4) in maritime transport, a very serious accident, as defined in the basic principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999 /35/EC and Directive 2002/59/EC of the European Parliament and of the Council European Parliament and Council Directive 2009 /18/EC ( Sea-accident directive ) Article 3 and the 1974 International Convention for the Safety of Life at Sea (SopS 11/1981), with its subsequent amendments, in accordance with Annex XI, Chapter 6, Section 6, to maritime accidents and incidents at sea The international standards and recommended practices code for the safety investigation of incidents as well as an equivalent accident in inland navigation.
According to this law, a major accident and other accident and incident can be investigated.
According to this law, a joint investigation may be carried out on several similar accidents or incidents ( Thematic investigation ).
According to this law, the exceptional event referred to in Chapter 5 may also be investigated.
Save as otherwise provided for in this Act, the investigation of the incident referred to in Article 2 (1) and (2) and the exceptional event referred to in Chapter 5 and the thematic investigation shall be governed by the provisions of this Act concerning the accident investigation.
In addition to this law, the investigation is conducted in accordance with the provisions of the European Union legislation on the investigation of accidents and imposing a binding international obligation on Finland.
The investigation of accidents and serious incidents within the meaning of the Aviation Safety Regulation shall be governed by the said Regulation. In addition, the investigation shall be subject to the provisions of this Act.
The investigation of military air accidents and road and road accidents is expressly provided for.
However, if the accident referred to in paragraph 3 is a major accident or a serious incident, it shall be examined in accordance with this law.
The safety investigation shall explain the course of events, the causes and consequences of the events and the rescue operations and the activities of the authorities.
The investigation shall determine, in particular, whether the safety has been adequately taken into account in the operations leading to the accident, as well as in the design, manufacture of the accident or hazard or of equipment and structures which have been the object of the accident; Construction and use. In addition, it will be ascertained whether the management, control and inspection activities are properly organised and managed. Where appropriate, any shortcomings in the regulations and provisions relating to safety and authorities shall also be identified.
A safety investigation can be carried out from an accident that occurred in Finland. In the same way, a water transport accident which has occurred in the rented area of Saimaa can be investigated.
A safety investigation may be carried out outside Finland, as provided for in European Union law on the investigation of accidents, or in accordance with an international obligation imposed on Finland.
Irrespective of the location of the accident, the consequences of the accident in Finland may be investigated, as well as the other elements referred to in Article 5, in so far as they concern the Finnish authorities and the Finnish authorities involved in the accident.
An accident may be declared inadmissible if, in accordance with European Union law or with a binding international obligation on Finland, it is agreed that the investigation is carried out by another State authority or an international organisation.
For the purposes of the safety investigation, there is an accident investigation centre within the Ministry of Justice. The Centre shall carry out its tasks independently and independently.
The purpose of the accident investigation centre is to investigate the accidents and incidents referred to in Article 2 (1) to (3). The Centre shall also be responsible for:
(1) provide for the general organisation, planning, guidance, information and supervision of the safety investigation;
(2) train suitable persons;
(3) maintain the readiness to launch a rapid investigation;
(4) provide for international cooperation in the field of security investigations;
(5) issue and monitor safety recommendations.
The Accident Investigation Authority shall act as a civil aviation safety investigation authority within the meaning of the Aviation Safety Regulation.
The accident investigation centre shall have a director, safety investigators and other officials and, where appropriate, other staff.
It is up to the Director to lead, supervise and develop the operation of the Accident Investigation Centre and to respond to the quality and effectiveness of the operation. The Director shall be appointed by the Council.
The accident investigation centre has the Rules of Procedure, which is confirmed by the Director. The Rules of Procedure provide for the organisation of the Centre, the tasks of the staff, the handling and resolution of cases and other general arrangements.
The qualification of the director of the Accident Investigation Centre is a higher education qualification, a good familiarity with the Centre's field of activity and a proven leadership and experience in practice.
The qualification of the official responsible for the safety investigation shall be the appropriate training and the skill and experience required for the proper performance of the task.
The Safety Investigation Authority may use an external expert in the field of safety investigations ( Expert in the accident investigation centre ).
Article 10 (2) shall apply to the requirements of the expert in the accident investigation centre.
In the event of a significant accident involving another State, the representative of that State may be assisted in the investigation as provided for by the European Union legislation on the investigation of accidents, or in the binding nature of Finland. The international obligation shall be imposed or, if any other reason, is deemed necessary. The decision on the participation of another State representative in the investigation shall be taken by the Accident Investigation Centre.
If an accident involving another country or international organisation is affected to a significant extent in Finland, the Accident Investigation Authority may take the necessary measures to enable the Finnish representative to participate in the investigation.
The Safety Investigation Authority may set up a team for safety investigations. If an expert in an accident investigation centre is used in the investigation, the investigation team shall be set up for the purposes of the investigation.
A necessary number of members of the investigation team have sufficient expertise in the areas relevant to the investigation. A member of the investigation team may be an officer of the Accident Investigation Centre or other authority or an expert in an accident investigation centre. The Safety Investigation Authority shall appoint one of the members of the investigation team.
An accident investigation centre may change the composition of the investigation team if it is necessary to conduct an expert, independent and impartial investigation.
An official of another authority and an expert in the accident investigation centre shall be appointed as a member of the investigation team in writing.
In the case of an accident investigation centre official, a member of the investigation team and any other obstacle to the investigation, the administrative law (434/2003) Paragraph 1 (4) to (7) provides for the official's aesthetic to be discussed. In addition, he is an obstacle:
(1) if he or someone close to him has suffered damage in the accident under investigation or his loved ones have been killed;
(2) where he or anyone close to him may be held liable for the accident or damage caused by the accident;
(3) where the investigation or its results can be expected to benefit or damage to him or his/her loved one; or
(4) where he or his person is in service in relation to an agency or institution whose activities may be admissible in a safety investigation as a result of an accident.
Close refers to persons referred to in Article 28 (2) and (3) of the Administrative Code. Articles 27, 29 and 30 of the Administrative Act provide for the effect of the obstacle.
The provisions of this Act shall apply to an expert in an accident investigation centre and to a representative of another State within the meaning of Article 12. Liability for damages is governed by the law on damages (1999) .
In the event of an accident, the authority involved in the rescue operations shall immediately inform the Accident Investigation Centre of the event which the notifier considers to be admissible under this law.
The obligation to notify is also:
1) Transport Safety Agency;
2) Transport Agency;
(3) the Regional Administrative Agency;
(4) any other security authority in its field of competence;
(5) the person who has received the notification of the accident or incident;
(6) a legal person who is involved in an accident or incident in the mode of transport referred to in Article 2 (1) (2) to (4) or who appears to be suffering as a result of such an accident.
The court which has received the sea law (674/1994) in Chapter 18, A declaration by the master of the vessel referred to in paragraph 2 concerning the provision of a sea settlement shall transmit the notification without delay to the Accident Investigation Centre and shall provide the Centre with the possibility to participate in the marine life session and present it; Questions.
The Safety Investigation Authority will decide on the initiation of the safety investigation and the extent to which the investigation will be carried out.
The accident referred to in Article 2 (2) and (3) shall be subject to a safety investigation, if necessary for the purposes laid down in Article 1 of the investigation. In considering the initiation of an investigation, account shall also be taken of:
1) the severity and quality of the accident;
(2) the frequency and likelihood of recurrence of such accidents;
(3) the request for an investigation by the security authorities, interested parties and others;
(4) whether relevant safety information is available in the investigation;
(5) caused the accident to occur at the same time for several people;
(6) whether the other operator is investigating the accident.
The accident investigation centre shall be responsible for the initiation of a safety investigation in the event of an accident involving the ro-ro ferry or high-speed passenger craft referred to in Article 3 of the Marine Accident Directive and the accident occurring in Finland's territorial waters or the ship is Last visited Finland.
In order to safeguard the conditions of investigation, the Safety Investigation Authority may already initiate a preliminary investigation before the decision to initiate the investigation.
In the case of an accident investigation centre which was sent to the accident site of the accident investigation centre, the expert's competence is governed by Article 19 on the protection of the conditions of investigation, Article 20 on the right to information, 22 § Provisions on the right of scrutiny and Article 23 to be heard.
Any other authority or operator who initiated the safety investigation shall release the evidence collected from the investigation into the operation initiated by the Centre following the investigation initiated by the Centre.
Officer and member of the investigation team investigating the accident investigation centre ( Investigating the investigation ) Are entitled to an accident site and to investigate objects, equipment and structures associated with the accident there.
The accident investigation centre and the head of the investigation team may order the insulation of the accident site and prohibit the removal or transfer of persons killed in the accident if it is necessary for the safety investigation.
Objects and other material at the scene of an accident which may be relevant to the investigation shall not be allowed, without the authorisation of the head of the investigating centre or of the head of the investigation team, to dispose of, remove or move, unless there is a compelling reason. The Centre and the head of the investigation team shall ensure that the material is listed.
The provisions and prohibitions referred to in paragraphs 2 and 3 in order to safeguard the conditions of investigation shall be withdrawn as soon as the order or prohibition is no longer necessary for the purpose of the investigation.
Without prejudice to the confidentiality rules, the investigating officer shall have the right to receive free of charge from the authorities and other public authorities in order to submit an investigation:
(1) the necessary information on the case of the relevant police and pre-trial investigation and the inquest;
(2) the necessary information on the activities of the police, civil protection, emergency services, health care authorities and other authorities in the event of an accident and preparing for accidents;
(3) essential information on the operation of the vehicle, equipment, signalling and traffic control system associated with the accident, the circumstances of the accident and the equipment for recording and communication traffic, as well as other similar storage facilities;
(4) essential information on the state of health of the person involved; and
(5) other information necessary to clarify the course of events, the occurrence of an accident or incident or the factors which have affected the consequences or the consequences of such incidents.
Without prejudice to the confidentiality rules, the investigating officer shall have the right to obtain the information necessary to conduct a safety investigation from the private operator involved in the accident. The obligation to provide information shall also apply to any other private operator who, in the event of an accident or other reason, is aware of the accident.
The investigating officer shall also be entitled to the information referred to in paragraph 1 (3) from the private operator, as well as the information referred to in paragraph 4 from the private health and medical community, and the health care service, as well as health care From a professional.
The investigating officer shall have the right to obtain the information referred to in paragraphs 1 to 3 in the format and technical service requested or otherwise electronically.
Without prejudice to confidentiality rules, the investigating officer shall have access to the data protection of electronic communications (14/0/2004) The identity of the connection or terminal equipment and the spatial data that can reasonably be estimated at the scene of the accident which was the subject of the investigation, together with information on the subscriber, user and From mounting to the communications market (393/2003) Articles 97 and 98 provide.
The right to receive the information referred to in paragraph 1 shall only be provided if the information is necessary to determine the cause or effect of the accident.
The information may be provided by means of a technical service or by electronic means.
Electronic communications data protection 516/2004 And Communications Market L 393/2003 Has been repealed by the Information Society 917/2014 .
The investigating officer shall be entitled to take over and inspect objects and documents if it is necessary for the submission of a safety investigation. The investigating officer may conduct tests on the articles inspected and remove parts of the articles and take samples, if necessary for the purposes of the investigation.
The investigating officer shall be entitled to access to means of transport, premises and other premises, as well as to the areas where necessary information can be obtained in the case of safety investigations. However, the right to access to a holding of permanent residence shall only be necessary if it is necessary for the prevention of accidents and incidents or the information necessary to combat accidental damage. To obtain. An expert in an accident investigation centre shall have the right to access to a permanent residence only in the assistance of an officer of the accident investigation centre, or if, at the same time, an official of another authority is in such a state. Carrying out the tasks assigned to them. The right of a non-Finnish citizen to enter the territory controlled by the armed forces is governed by the Law on Defence (551/2007), Subject to a binding international obligation or legislation of the European Union.
The investigation shall not require prior approval as referred to in Article 12 of the Aviation accident Regulation.
The investigating officer may hear an accident involving participants, experts and anyone who may be expected to obtain the information necessary for the investigation.
The presence of another person shall be permitted only if the accident investigation centre or the head of the investigation team so decides. However, in the presence of an authority, his guardian, guardian or other legal representative shall be present. In addition, a hearing officer or agent shall be present at the hearing.
The hearing must be made aware of his rights and status.
The accident investigation centre or the investigation team may commission a specific expertise on a request for specific expertise by any other authority or by a private operator, and shall request an opinion on this subject.
The accident investigation centre shall inform the relevant authority if any defects or deficiencies are identified during the safety investigation, which the Authority must urgently address in order to prevent further accidents.
Decisions taken by the Director of the Investigation Group pursuant to Articles 19 and 23 shall be followed in the course of the investigation, unless the accident investigation centre decides otherwise.
A public investigation report on safety investigations shall be carried out to the extent appropriate to the severity of the accident.
The report shall include a description of the accident, the factors responsible for the accident and the consequences of the accident, as well as the safety recommendations addressed to the relevant authorities and other operators as such measures: Are necessary in order to increase public security, prevent further accidents and incidents, prevent damage and improve the performance of rescue and other public authorities. The report shall not include information on the identity of the private person involved in the accident or in the investigation.
The investigation report is signed by the investigators involved in the investigation. The report shall be accompanied by any dissenting opinions.
By way of derogation from paragraph 2, the safety recommendations of the investigation report drawn up following an accident in rail transport cannot be addressed to private operators.
Before the investigation report is completed, the authorities responsible for supervising the accident, as well as the authorities responsible for monitoring the accident, will have the opportunity to comment on the draft of the report.
A reasonable time limit is set for issuing an opinion.
Opinions or summaries of them shall be included in the investigation report or in its Annex. However, opinions issued by individuals are not included in the investigation report.
The investigation shall cease when the investigation report is signed. The end of the investigation shall not preclude a further investigation if it is necessary in view of the new and important fact that has become known after the end of the investigation.
The Safety Investigation Authority shall monitor the implementation of the safety recommendations of the investigation report.
The authority and other operator shall, at the request of the Accident Investigation Authority, report on the measures taken in response to the safety recommendation addressed to it.
The Authority shall report annually to the Accident Investigation Centre on the measures taken in response to the safety recommendation addressed to it in the investigation report on the accident in rail transport.
By means of an exceptional occurrence Means an event which has been defied or severely damaged by a very serious death or which is not an accident.
The opening of an exceptional event shall be decided by the Council of State.
The State Council may set up an investigation team within the Ministry of Justice for the examination of the event. The investigation team shall carry out its tasks independently and independently.
In addition to the provisions of Article 5 (1), the investigation of an event of an exceptional occurrence may clarify the circumstances of the event to the extent necessary for the prevention of such events. To obtain information.
The powers of the Director and the Member of the investigation team referred to in Article 32 (2) shall apply, as provided for in Chapter 3, of the powers of the head of the investigation team and the powers of the investigation.
In addition to the provisions of Article 20 concerning the right of access to information, the investigation team set up for the purpose of examining an exceptional occurrence shall have the right to obtain the information necessary for the purpose of the investigation for the purposes of the investigation The content of confidential messages.
The investigation team shall prepare an investigation report of an exceptional occurrence. The report shall be given to the Council.
Each ministry shall monitor the implementation of the measures to be taken in the light of the safety recommendations issued in the investigation of an exceptional event.
The Ministry of Justice may request clarification from the Authority or any other operator of the measures taken in response to the safety recommendations issued.
The Director of the Investigation Group shall ensure that documents issued and prepared for the purposes of the task of the investigation team are to be archived in the accident investigation centre. After the completion of the investigation, the Accident Investigation Authority will be decided upon.
The accident investigation centre will report on the investigation and its progress.
In particular, the conduct of the investigation shall be communicated to the injured parties, the authorities involved in the rescue operations, and to those who may otherwise be affected by the accident. It is also necessary to inform the representatives of the social partners if the accident has occurred under conditions of employment.
The Safety Investigation Authority shall inform the operator issuing the notification under Article 16 and the preliminary investigation authority of the initiation and termination of the safety investigation.
In the case of information on safety investigations, in accordance with Article 15 (4) and (5) of the aviation accident regulation, the victim's spouse, child, grandchildren, siblings, parents, grandparents and victim are considered to be a particularly close person.
In addition to what the law on public authorities' activities (18/09/1999) , the Accident Investigation Authority may, without prejudice to confidentiality rules, disclose information from the safety investigation to other persons performing the safety investigation, if necessary for the purpose of carrying out the investigation, and to the Authority For other purposes, if necessary to safeguard an important public interest.
By way of derogation from the provisions of paragraph 1, the Safety Investigation Authority may disclose information obtained in the case of safety investigations, notwithstanding the confidentiality provisions, only if the information is necessary for the purpose of the investigation of such a criminal offence, Of which the statutory penalty is at least two years in prison. However, the Centre shall not divulge the information referred to in Article 21 and the information referred to in Article 21, which is essentially obtained from a person who, as a witness or as a witness to a trial or trial, is Refuse to bear witness to the fact that the refusal to grant consent shall be refused.
On the basis of paragraph 1, the notified authority shall not take legal action following a negligent infringement which shall be brought to its attention only on the basis of the information received from the accident investigation centre.
The Accident Investigation Authority shall not disclose any confidential information received from another State's safety investigation authority or in another State, contrary to the information disclosed in the case of: Conditions.
An official of an accident investigation centre, a member of the investigation team and any other obligation to refuse to testify shall be refused. Article 12 of Chapter 17 of the Court of Justice Paragraph 5.
L to 741/2015 Article 40 shall enter into force on 1 January 2016. The previous wording reads:
In addition to what Article 23 of Chapter 17 of the Court of Justice, , an official of an accident investigation centre, a member of the investigation team or any other person involved in a safety investigation shall not be certified as to what he/she has been informed of the accident, if not of very important reasons. Demand that he be heard of it.
The prohibition referred to in paragraph 1 shall remain in force, even if the witness is no longer in the position where he has been informed of the evidence.
At the request of the authority responsible for the safety investigation of another State, the Safety Investigation Authority may provide assistance in the safety investigation. Articles 19 to 24 shall be subject to the competence of the official of the investigating accident investigation centre.
Investigations may be carried out in cooperation with the authority investigating or investigating the cause of death, to the extent that the Accident Investigation Authority considers that it is appropriate to conduct a safety investigation. From an angle.
The accident investigation centre shall have the right to receive assistance from the police on request in safety investigations and security.
At the request of the accident investigation centre or the investigation team referred to in Chapter 5, the authority shall carry out the investigations and investigations necessary for the purpose of the investigation, which cannot be carried out by the Centre or the investigation team itself, And provide them with additional administrative assistance.
If a member of the investigation team is in office of the State, he shall be relieved of the time when he is involved in the investigation, unless the investigative tasks may be carried out, without prejudice to the safety investigation or the purpose of the investigation, to carry out his own post. In addition.
The identity of the official and expert of the accident investigation centre is the identity card issued by the Centre. The identity card shall be presented if necessary and required.
The identity card shall be valid for a period after which it shall be returned to the accident investigation centre. The Centre will decide on the validity of the card.
A member of the investigation team, who is not an official of the accident investigation centre, shall be paid on a fee. The Ministry of Justice confirms the remuneration criteria. Travel expenses shall be reimbursed according to the State Convention on the reimbursement of travel expenses.
The safety investigation has the right to receive reasonable compensation for the necessary travel and subsistence costs and for economic loss.
Damage resulting from the measures referred to in Article 22 shall be entitled to full compensation from State resources.
The Accident Investigation Authority may require the information referred to in Articles 20 and 21 and the articles and documents referred to in Article 22 (1). The Centre may impose a penalty payment on a periodic penalty payment as in the case of the (1113/1990) Provides.
However, a periodic penalty payment shall not be imposed on a natural person where a person is suspected of having committed a criminal offence and the information relates to the subject matter of the suspected criminal offence.
The Safety Investigation Authority may issue provisions on the technical transmission of safety investigations.
This Act shall enter into force on 1 June 2011.
This law repeals the law on investigation of accidents (373/1985) .
Pending the entry into force of this Act, the provisions in force upon entry into force of this Act shall apply.
Where other law refers to an accident investigation law, this law shall be applied instead.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 204/2010 , HaVM 40/2010, EV 366/2010This Act shall enter into force on 1 January 2016.
THEY 46/2014 , LaVM 19/2014, EV 274/2014
