Accident Investigation Guide For Safety Representatives
Following the recently published HSE Research findings that accidents appropriate to be reported under the ‘Reporting of Injuries, Diseases and Dangerous Occurrences Regulations’ (RIDDOR) were being under-reported by as much as 70%, it was felt to be an appropriate time to issue guidance to Safety Representatives on this key issue.
In light of the findings, which are no surprise to the Health, Safety & Environment department, under-reporting is the norm and Safety Reps are advised to:
- Ensure that accidents are both properly reported and notified by members.
- Investigate workplace accidents.
- Receive and retain information relating to workplace accidents.
It is vital that all accidents, illnesses and near misses in the workplace are reported so that the cause of the accident and injuries can be identified and lessons can be learned so as to avoid re-occurrences.
Safety Reps need to make sure they are aware of what management have to do when accidents occur and make sure it is done. Ensure that members know that they need to report all accidents and check that details are communicated promptly to the Safety Rep so that firstly, a check can be made on management fulfilling the employer’s legal obligations and secondly, that a prompt investigation is conducted, making sure that management are providing a safe place to work and safe systems of work in a safe working environment by carrying out regular workplace inspections – which Safety Reps are legally entitled to do.
The Safety Representative and Safety Committees Regulations 1977 set out the legal functions for safety representatives, which include the right to investigate:
- Potential hazards
- Dangerous occurrences
- Causes of accidents and occupational ill-health
- Complaints from their members
Safety Reps can therefore, immediately, and without formal notice of an inspection, investigate imminent risks and accidents. The Regulations give Reps the right to conduct an inspection after there has been a notifiable accident or dangerous occurrence or where a notifiable disease has been contracted.
The Regulations state that Safety Reps can inspect where it is “reasonably practicable” for them to do so, provided it is safe to do so and in the interests of employees represented.
Following an incident, the only acceptable reason for anything to be moved is as a precaution against further hazards and for rescue puposes.
The Regulations support Safety Reps’ rights to take witness statements after an accident has occurred.
By consulting members on a regular basis regarding workplace accidents, Safety Reps can monitor how well management are doing in recording workplace accidents and then implementing preventative measures.
Accident management should be a regular item at joint Health and Safety Committee meetings.
The HSE takes the view that: “Occupational accidents and ill health can be signals that risk control measures have failed. If they are properly investigated, this can reveal weaknesses in the control systems which need to be remedied. A joint investigation with the safety representative is more likely to give employees the confidence to co-operate fully in any investigation, because those involved may not wish to reveal any details in case they are blamed for the accident. Also, what someone says immediately after an accident may affect any subsequent civil compensation claim.”
Following An Accident Or Near-Miss A Safety Rep Should:
- Gather the evidence including witness statements.
- Put the evidence into chronological order (it will help to determine what happened).
- Use the decision making process to ensure that measures are taken to prevent re-occurrence.
- Report your findings to management, including your recommendations and any possible breaches of legislation (in writing – retaining copies).
Inspections After An Accident
When using the right to inspect after an accident or dangerous occurrence, or development of an industrial disease, a Safety Rep should:
- Notify the employer as soon as possible of your intention to inspect the scene of an accident. If, initially, this has to be done verbally, confirm it in writing as soon as possible.
- Do the inspection before the scene has been cleared up and important evidence is removed.
- Inspect the scene of the problem as soon as possible after the accident. If the manager is not available, you have the right to inspect the scene on your own.
- Make notes of the essential facts of the accident. Record the time of the investigation, who is present, who has been spoken to. Speak to the members involved as soon as is practicable. Talk to anyone who may have seen the accident.
- Keep accident notes systematically filed for future reference. They may be needed in the event of an HSE or LA prosecution or indeed a civil litigation compensation claim.
- It is far too easy to blame the victim when accidents occur. Safety Reps should be looking at what the employer has done to prevent accidents. What about training? Was the right equipment available? Had safe working methods been defined? What sort of supervision was there? Did the individual receive adequate Information, Instruction, Training and Supervision? Have management safety audits been completed and acted upon? Was safe working checked and monitored?
Your report should be proportionate to the events. It could be anything from a short, basic note to a full-blown, multi-page report depending on the type of incident. Include all the facts as a readable narrative; do not expect management, the HSE lawyers or perhaps a high court judge to rummage through a wad of confusing and un-collated information. Record what witnesses have said and in what way they disagree. Time and date all documents and get statements signed. Use a good quality camera.
If the physical evidence conflicts with witness(es), point this out. In either case, keep your own views and comments until the end. Keep your account clear, accurate and concise. Remember that it could be used as evidence in a court of law where people may try to put an interpretation upon it that is very different from what you intended.
Blaming Accident Victims
The Health and Safety Executive (HSE) Guidance (HSG245) is very clear on the subject of ‘blame’ and states as follows; “The investigation should identify why the existing risk control measures failed and what improvements or additional measures are needed and the aim is the prevention of further similar adverse events. It is important to be open, honest and objective throughout the investigation process. Pre-conceived ideas about the process, the equipment or the people involved in an adverse event may blind you to the real causes. Be wary of blaming individuals. Investigations should be conducted with accident prevention in mind, not placing blame. Attempting to apportion blame is counterproductive, because people become defensive and uncooperative.”
HSG245, the HSE guidance provides detailed information on how to investigate accidents and incidents, including near misses. This is entitled ‘Investigating accidents and incidents – a workbook for employers, unions, safety representatives and safety professionals’. This time tested guidance was first published in 2004 and was prepared in consultation with industry, trade unions and health and safety professional bodies. It is intended as a first step in introducing organisations and individuals to the benefits of carrying out investigations and the methods by which accidents should be recorded, investigated and the findings acted upon.
No previous expertise is needed to use the HSE workbook (HSG245) and guidance notes that take the user step-by-step through the investigating process from start to finish and includes worked examples and blank template forms for accident analysis.
The four steps featured in the guidance are:
- The gathering of information;
- The analysing of information;
- Identifying risk control measures;
- And the action plan and its implementation.
HSE state clearly; “To have one accident is bad enough, but to have a further accident because lessons weren’t learnt is inexcusable.” When the HSG245 Workbook was launched the HSE also stated that, “HSE believes that the best people to make workplaces safer are the Safety Reps, staff and managers who work in them. By producing the HSG245 guidance the aim is to provide a tool for managers and safety reps to find out what went wrong, learn lessons and take action to reduce, or hopefully prevent, accidents in the future.”
A copy of ‘Investigating accidents and incidents – a workbook for employers, unions, safety representatives and safety professionals’ (HSE Ref: HSG245) is attached.
Hard copy, printed versions are available from HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA (Tel: 01787-881165)
Attachment:
- Copy of HSE Guidance (HSG245) ‘Investigating accidents and incidents – a workbook for employers, unions, safety representatives and safety professionals’
- Safety Reps Legal Rights To Inspect and Investigate – Law Summary Sheet
Yours sincerely
Dave Joyce
National Health, Safety & Environment Officer
LTB 087/24 – Accident Investigation Guide For Safety Representatives
Att: HSE – Investigating Accidents and Incidents Workbook (HSG245)
Att: Safety Reps Legal Rights To Inspect and Investigate – Law Summary Sheet
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CWU Eastern No5 Branch 