Accident Investigation Qeb Standards 18

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Accident Investigation An accident can be defined as an unplanned, unexpected or unwanted event resulting in death, injury, ill health or damage. There is a moral and legal duty, notwithstanding strong business case benefits to investigating the circumstances of accidents. Effective accident investigation is an essential part of any serious Health and Safety management system and will be a central component of any civil claim or criminal enforcement action. All accidents and near miss events should be investigated following a 4 point principle:1. 2. 3. 4.

Gather information Analyse information and establish causes Identify “reasonably practicable” risk control measures Devise and implement an action plan

The following principles will improve an organisations accident management and help achieve a timely resolution of civil claims.

BEST PRACTISE • • • • • • •

• •

• • • • • • •

Devise, document and implement a policy and procedure for accident investigation. Identify and train individuals in investigative techniques and report writing. Secure the scene and commence investigations as soon as possible. Record relevant physical facts such as weights, distances, dimensions, light etc. Photograph the scene prior to moving evidence. Identify witnesses quickly and immediately take statements. Include neutral statements such as “I did not see anything” as well as eye witness accounts. Gather documentation such as accident book entry, RIDDOR report, pre accident risk assessment, written safe working procedure, training records, witness statements, photographs, hazard data sheets, maintenance/service records, correspondence with enforcing authorities, Health & Safety committee minutes & CCTV recordings etc. Record facts only. Clearly identify what is speculation, hear say or opinion. Avoid “inappropriate” language and comments. Analyse the information and identify conclusions to the questions, why did it happen, how did it happen and how can it be prevented in future. Consider immediate, underlying and root causes. Record and implement the findings following hierarchical principles. Carry out a post accident risk assessment. Assign corrective actions to individuals with timescales for completion. Communicate improvements and additional risk control measures to the workforce. Where appropriate, take disciplinary action. In event of a fatality, serious injury or prosecution risk, inform QBE immediately and seek legal advice from a QBE nominated solicitor. Appoint a media spokesman.

LEGAL REQUIREMENTS The Management of Health & Safety at Work Regulations 1999 requires employers to plan, organise, control; monitor and review their health and safety arrangements. Accident investigation forms an essential part of this process. The Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 1995 requires notification of specified incidents, injuries and reportable diseases to an enforcing authority.

GUIDANCE/USEFUL INFORMATION Investigating accidents and incidents – a workbook for employers, union safety reps and safety professionals, HSG245 ISBN 0 7176 2827

Dear reader Thank you for taking the trouble to read this publication. QBE Risk Management believe that best practice organisations are those where senior individuals facilitate and engage in the processes of sensible risk management. We make this document available to all interest parties in an effort to share knowledge and promote good practise. Our services are available only to clients insured by QBE in Europe. Our insurance products are sold through insurance brokers. We cannot offer advisory services to anyone else, however we would be delighted to hear if you have found this document useful or believe there are risk management issues that do not receive appropriate attention in the media. Regards QBE Risk Management Team email: [email protected] www.QBEeurope.com/RM

Disclaimer This document has been produced by QBE Insurance (Europe) Limited (“QIEL”). QIEL is a company member of the QBE Insurance Group. Readership of this Forum does not create an insurer-client, advisor-client, or other business or legal relationship. This Forum provides information about the law to help you understand and manage risk within your organisation. Legal information is not the same as legal advice. This Forum does not purport to provide a definitive statement of the law and is not intended to replace, nor may it be relied upon as a substitute for specific legal or other professional advice. QIEL has acted in good faith to provide an accurate Forum. However, QIEL and the QBE Group do not make any warranties or representations of any kind about the contents of this Forum, the accuracy or timeliness of its contents, or the information or explanations (if any) given. QIEL and the QBE Group do not have any duty to you, whether in contract, tort, under statute or otherwise with respect to or in connection with this Forum or the information contained within it. QIEL and the QBE Group have no obligation to update this report or any information contained within it. To the fullest extent permitted by law, QIEL and the QBE Group disclaim any responsibility or liability for any loss or damage suffered or cost incurred by you or by any other person arising out of or in connection with your or any other person’s reliance on this Report or on the information contained within it and for any omissions or inaccuracies.

QBE European Operations Plantation Place 30 Fenchurch Street London EC3M 3BD tel +44 (0)20 7105 4000 fax +44 (0)20 7105 4019

QBE European Operations is a trading name of QBE Insurance (Europe) Limited, no.01761561 ('QIEL'), QBE Underwriting Limited, no. 01035198 ('QUL'), QBE Management Services (UK) Limited, no. 03153567 ('QMSUK') and QBE Underwriting Services (UK) Limited, no. 02262145 ('QSUK'), whose registered offices are at Plantation Place, 30 Fenchurch Street, London, EC3M 3BD. All four companies are incorporated in England and Wales. QIEL and QUL are authorised and regulated by the Financial Services Authority. QUL is a Lloyd's managing agent. QMSUK and QSUK are both Appointed Representatives of QIEL and QUL.

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