Investigation of occupational safety crimes is wanting*

Helsinki (16.01.2007 - Juhani Artto) In 2003 Finnish police registered 910 work place accidents. But this figure is only a fraction of the number of work place accidents registered by Statistics Finland, which recorded up to over 100,000 work place accidents.

A sixth of the 910 cases registered by police ended up at the discretion of prosecutors**. The seriousness with regard to deficiencies in the legal handling of work place accidents is underscored by the fact that not all fatal accidents were even sent onto the prosecutor.

According to researcher Anne Alvesalo from the Police College of Finland offences in respect of occupational safety are under-recorded and underestimated on all levels. ”It is clear, in many cases that work related accidents go unreported even though the legislation is clear. One should report all accidents that cause serious injuries. The legislator has emphasised occupational safety by covering it within the criminal code.”

The Police have not been very motivated to investigate work place accidents, Alvesalo says. ”Police has not been trained for work place accident investigation. A few policemen may have participated in a one or two day course.”

”Policemen do not necessarily even recognise as crimes events that have lead to accidents. This is particularly often the case when the victim admits to have influenced the birth of the accident.”

In occupational safety crimes, examined and decided by prosecutors and then handled by the courts, the average penalty has been a 25 day-fine. According to the criminal code the maximum penalty is one year's imprisonment.

Alvesalo believes that investigations into work place accidents would improve if they were subject to scrutiny by the economic crime unit. She points out that neglect of occupational safety is often motivated by pursuit of economic gain.

The more jobs are subcontracted the more complicated investigation of offences against occupational safety has become. As work is transferred to subcontractors occupational safety and criminal responsibility are in a way subcontracted too, although at common work sites the main contractor partly remains responsible.

*Based on Leena Seretin’s Finnish language story ‘Työturvallisuusrikosten tutkinta lapsen kengissä’ (Investigation of occupational safety crimes is undeveloped), published 26 October 2006 in the Metalworkers’ union magazine Ahjo

**Read more about the prosecutors' role in the judicial system in Finland - http://www.oikeus.fi/8853.htm