INVESTIGATION OF ACCIDENTS DECREE 12 February 1996/79
(as amended by the Decree of 31 January 1997)
Chapter 1
Accident Investigation Board
Section 1
Organization
The Accident Investigation Board consists of a Director and other civil servants and, as necessary , personnel employed on contract.
Section 2
Qualifications for office
Qualifications for the office of Director of the Accident Investigation Board are a higher academic degree in a suitable field and good knowledge of the functions of the office, proven managerial ability and experience.
Qualifications for the other offices in the Accident Investigation Board are the skill and ability required for successful performance in the office.
Section 3
Filling offices and hiring other personnel
The Council of State appoints the Director of the Accident Investigation Board.
The Director appoints the other civil servants and hires the other personnel of the Accident Investigation Board. The Director also decides on leave of absence for an official of the Accident Investigation Board.
Section 4
Consideration of and decisions on matters
Matters to be considered by the Accident Investigation Board are decided by the Director or another official to whom the decision in the matter has been assigned in the regulations.
Section 5
Regulations
More detailed provisions on the organization of the Accident Investigation Board , the functions of the personnel, and consideration of and decisions on matters shall be issued in regulations approved by the Director.
The regulations may also contain provisions on matters that are decided without submission.
Section 6
Functions of the Accident Investigation Board
The functions of the Accident Investigation Board , in addition to what is provided in the Accident Investigation Act (1985/375) and elsewhere in this Decree, are:
1)maintain readiness for rapid initiation of investigations;
2)maintain a list of pending and completed investigations of accidents;
3)train persons suitable for investigation commissions;
4)issue general instructions on the performance of investigations and the preparation of investigation reports;
5)supervise the use of funds in connection with investigations;
6)ensure the publication and dissemination of investigation reports; and
7)ensure international co-operation.
Chapter 2
(repealed by the decree number 1227/97)
Chapter 3
Co-operation among authorities
Section 9
Reporting obligation
When an authority or service that receives reports of emergencies is informed of an event that may be investigated in accordance with the Accident Investigation Act , it shall without delay inform the Accident Investigation Board of the event.
The provisions of paragraph 1 shall also apply to other authorities in respect of their field of operations.
The Accident Investigation Board shall inform the respective authorities of the initiation and conclusion of an investigation.
Section 10
Observation of the threat of an accident
If an investigation commission or the Accident Investigation Board observes a defect or deficiency that must be remedied urgently in order to prevent a new accident or dangerous situation, it shall immediately report the matter to the respective authority or service.
Section 11
Other co-operation in investigation
Authorities shall transfer investigation documents they have collected to the use of the investigation commission when it begins its operations.
The Accident Investigation Board may agree on cooperation related to accident investigation together with authorities, State services, international organizations and the accident investigation authorities of other states.
Chapter 4
Investigation of an accident
Section 12
Initiation of an investigation
The Accident Investigation Board shall decide on the initiation of an investigation.
Section 13
Investigation of an incident involving the risk of a serious accident
An incident involving the risk of a serious accident may be investigated according to the provisions of the Accident Investigation Act and this Decree if it is to be expected that the investigation may provide significant information for the improvement of general safety and the prevention of accidents.
Section 14
Proposal for the appointment of an investigation commission for a serious accident
The Accident Investigation Board shall propose to the Ministry of Justice the appointment of an investigation commission for a serious accident, its composition and, as needed, changes in its composition.
Section 15
Composition of accident investigation commissions
An investigation commission for a serious accident shall consist of a chairman, a deputy chairman and the necessary number of other members.
An accident investigation commission appointed by the Accident Investigation Board shall consist of a chairman and, if necessary, a deputy chairman, and the necessary number of members.
In appointing the chairman, the deputy chairman or the members, special consideration shall be given to the expertise and impartiality of the person to be appointed.
Section 16
Experts used by an accident investigation commission
The Accident Investigation Board may , on the proposal of an accident investigation commission, invite one or more permanent experts to participate in the investigation.
An accident investigation commission may invite an expert to carry out a certain investigatory function or submit a statement on a certain matter.
Section 17
Other investigations
If no accident investigation commission is appointed, the Accident Investigation Board shall order how and to what extent the investigation shall be carried out.
Section 18
Conclusion of an investigation
An investigation shall conclude when the report on the investigation is submitted. Conclusion of an investigation shall not prevent a new investigation in the matter.
Section 19
Provision of information on an investigation
An accident investigation commission shall, to the extent possible in the course of the investigation, give persons who have suffered a loss or injury, the next-of-kin of the decease and, if the accident has occurred in connection with work, representatives of labour organizations, and those who may otherwise be affected by the accident, information on the course of the investigation and an opportunity to express their opinion on matters that may affect the investigation.
Chapter 5
Investigation of an aviation accident and aviation incident
Section 20
Conduct of an investigation
An aviation accident and aviation incident shall be investigated as provided in the Council Directive on the basic principles of the investigation of civil aviation accidents and incidents (94/56/EC).
In addition to what is provided in paragraph 1, the investigation shall be conducted as agreed in the Convention on International Civil Aviation (Treaties Series 1949/11) and its annex 13. The Accident Investigation Board shall provide information in Finnish and Swedish on said annex.
Section 21
International investigation
If an aviation accident of aviation incident involves a Finnish airplane in the area of a foreign state, the Accident Investigation Board shall undertake the measures necessary for the participation of a Finnish representative in the investigation.
The provisions of annex 13 of the Convention on International Civil Aviation shall apply to the right of the representative of a foreign state to participate in the investigation of an aviation accident or aviation incident that has occurred in Finland.
Chapter 6
Investigation of a rail accident
Section 22
Conduct of an investigation
An investigation of a rail accident in accordance with the Accident Investigation Act shall be conducted on:
1)an accident which occurred in train traffic;
2)an accident which occurred in switching in rail traffic leading to death or serious injury;
3)an accident or damage which occurred in rail traffic connected with the transport of dangerous substances; and
4)a subway and tram accident leading to the death of or serious injury to several persons or where the investigation is justified for other reasons for the improvement of safety and the prevention of new accidents.
Section 23
Investigation of a rail incident
A serious accident in rail traffic or the incident referred to in section 22 may be investigated as provided in the Accident Investigation Act and this Decree if it can be expected that the investigation may assist in obtaining significant information for the improvement of general safety and the prevention of accidents.
Chapter 6a
Investigation of an accident in water traffic
Section 23a
Conduct of an investigation
An investigation of an accident in water traffic in accordance with the Accident Investigation Act shall be conducted on an accident which occurred in water traffic in Finnish territorial waters and , if the accident involves a Finnish vessel, also on an accident which has occurred outside of Finnish territorial waters.
Section 23b
Investigation of an incident in water traffic
A serious accident in water traffic or the incident referred to in section 23a may be investigated as provided in the Accident Investigation Act and this Decree if it can be expected that the investigation may assist in obtaining significant information for the improvement of general safety or the prevention of new accidents.
Chapter 7
Investigation report
Section 24
Statements
Authorities or services competent in the matter shall, before the issuing of an investigation report, be provided with at least 30 days in which to give a statement on recommendations included in the investigation report.
The statements or a summary of these statements shall be included in the investigation report or published as an annex to the report.
Section 25
Signing the investigation report and dissenting opinions
An investigation report shall be signed by the chairman, deputy chairman and members of an investigation commission.
Possible dissenting opinions shall be included in the investigation report.
Section 26
Issuing a response
At the request of the Accident Investigation Board, an authority or service shall report within a specific period on what action it has undertaken on the basis of a recommendation made in an investigation report.
Section 27
Hearing of witnesses
If an accident investigation commission or the Accident Investigation Board deems it necessary to hear a witness or expert in court, the chairman of the accident investigation commission or the Director of the Accident Investigation Board shall report this to the appropriate court. The report shall identify the person to be heard and note all the information necessary for the hearing in the matter.
If necessary, a representative of the accident investigation commission or the Accident Investigation Board shall be present during the hearing referred to in paragraph 1.
Section 28
Entry into force
This Decree shall enter into force on 1 March 1996.
This Decree repeals the Investigation of Serious Accidents Decree of 13 September 1985 (1985/759).
Section 29
Transitory provisions
Measures necessary for the enforcement of this Decree may be undertaken before the Decree enters into force.
An investigation initiated before this Decree entered into force shall be conducted according to the provisions that were in force at the time said Decree entered into force.
Notwithstanding paragraph 1 the investigative authorities may agree, in relation to a specific case, on the conduct of the investigation in accordance with this Decree.
The Advisory Board on the Investigation of Serious Accidents appointed before this Decree entered into force shall continue as the Advisory Board on Accident Investigation until the end of its term.
The offices of the Accident Investigation Board shall be filled for the first time without declaring them vacant.
