Page 18 - Report of the railway accidents investigated in 2021

2.2 Institutions involved in investigations
The Railways Act and the Directive include provisions on the organisation of safety investigations that regulate involvement of institutions or individuals in safety investigations. Involvement and cooperation take place under the direction and supervision of the official conducting the safety investigation who is the investigator- in-charge of the case in hand. The rules and principles of involvement are common and compulsory to all parties. Interference in the safety investigation decision-making process in the event of a potential interest is prohibited by law. The purpose of inclusion is first and foremost to obtain the necessary information about the occurrence and the circumstances surrounding it and to achieve the required standard of safety investigation. Infrastructure managers and third parties are obliged to provide the relevant information they hold when requested by the ESIB. The official conducting the safety investigation has the right to question railway employees and other witnesses involved in the case. The official conducting the safety investigation has a legal right to make a precept to the person under obligation to fulfil the obligations related to the safety investigation. In the event of non-compliance, the official conducting the safety investigation has the right to impose a penalty charge of up to 60 000 euros to a legal person and up to 1500 euros to a natural person.
A cooperation agreement between the Safety Investigation Bureau and the Police and Border Guard Board, the Office of the Prosecutor General, the Rescue Board and the Emergency Centre was signed in the spring of 2015. The cooperation agreement ensures the coordinated activities of the various authorities when fulfilling the duties assigned to them by legislation. Cooperation partners shall mutually ensure that criminal investigations and safety investigations are not interfered with. The Emergency Centre sends an immediate notification to the ESIB email address of any occurrence they have been informed of which will arrive in the inbox of all the ESIB officials. If possible, the Police and Boarder Guard Board and the Rescue Board ensure safeguarding of the scene. If necessary, they will assist the ESIB with the investigation once the rescue operations have finished. All parties allow access to evidence and information, unless forbidden by law. Disclosure of data collected as part of the criminal proceedings is decided by the prosecutor’s office. Ensuring access and disclosure of evidence cannot hinder the safety investigation or criminal proceedings. If necessary, the parties consult each other and where possible, exchange information. Criminal proceedings and the safety investigation are conducted separately even if they work in cooperation with each other.
During safety investigations, pragmatic cooperation methods have evolved with various businesses, authorities, institutions and private individuals. The Safety Investigation Bureau has signed cooperation agreements with the safety
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Annual report 2021