Accident Investigation Student Handout

CSAC Excess Insurance Authority

Loss Prevention Services Presents

Basic Certificate in Effective Safety Management W E L C O M E

T O

Accident Investigation Handout CSAC-EIA Confidential

Training Objectives: ¾Examine Loss Control Principles ¾Discuss pre-accident plans and accident id t scene security it ¾Be aware of reporting “Serious Injuries” to Cal/OSHA ¾Inventory y the contents of an Accident Investigation Kit ¾Discuss techniques for preserving and collecting evidence

More Training Objectives: ¾Identify y human factors ¾Determine accident cause(s) ¾Write accident investigation reports ¾Discuss management responsibility ¾Discuss subrogation potential ¾Discuss safety coaching ¾Di ¾Discuss h how tto communicate i t with ith management and get corrective action implemented ¾Analyze and monitor losses

Dan Petersen’s Loss Control Principles i i l For Management

Principle #1 “An An unsafe act, act an unsafe condition,, an accident: all these are symptoms of something wrong in the management system system”.

Principle #2 “Certain Certain sets of circumstances can be predicted to produce severe injuries. These circumstances can be identified and controlled.”

Principle #3 “Safety Safety should be managed like any other company function. M Management t should h ld di directt the th safety effort by setting achieving goals, by planning, organizing, and controlling g to achieve them.”

Potential Outcomes From An Accident: id ÆWorkers’ Compensation Loss p y Loss ÆProperty ÆLiability Loss ÆCal/OSHA Citation(s) ÆSerious and Willful Penalties ÆCriminal Liability ÆCivil Liability

Pre-Accident Planning Requirements i ’Medical care and first aid are readily available ’Hazards are accessed and abated ’Personnel and property are protected. protected ’Management is trained to respond to an industrial i d t i l accident id t ’Management schedules refresher training

The #1 Priority Is Lifesaving

Cal/OSHA Definition of “ “Serious i Injury”* j ”* 9 Hospitalization p for more than 24 hours other than observation 9 Amputation 9 Disfigurement 9 Dismemberment 9 Death ÎMust report to Cal/OSHA within 8 hours from knowledge. g * does not include any injury or illness or death caused by the commission of a Penal Code violation, violation except the violation of Section 385 of the Penal Code, or an accident on a public street or highway.

Putting Together An A id t Investigation Accident I ti ti Kit ’Water ’W t resistant i t t container t i with ith lid ’Polaroid or digital camera ’35 MM camera ’Film, memory chip, and batteries ’Tape recorder, tapes, and batteries ’ Pens, P pencils, il paper, markers, k etc t ’25 foot tape measure ’Plastic zip lock bags and labels

More Things to Put Into The Investigation i i Kit i ’Compass ’Hand held GPS navigation device ’L th and ’Leather d llatex t gloves l ’Several rolls of yellow caution tape ’Flashlight and batteries ’Food and water for remote sites ’First aid kit

Arrival On The Scene ’Arrive ’A i safely f l ’Take charge ’Get employee(s) to medical care ’Preserve evidence ’Start investigation

Identify Witnesses ’Injured ’I j dE Employee l ’Supervisors ’Co-workers ’Contractors on job site ’Other onlookers

Conduct Interviews... ’For the purpose of accident prevention ’In a relaxed atmosphere ’A soon as possible ’As ibl

Interview Methods ’Have witness ’H it write it down facts. ’R d statement. ’Read t t t ’Have witness tell the f t facts. ’Compare. ’Ask direct questions. ’Document.

Interviews Should Not Be Fault l Finding! i di ’Gather all the facts. facts ’Go to the accident scene. scene ’Reconstruct the events. t ’Be firm, fair, and friendly. ’Show concern for employee safety.

Photograph Accident Scene ’Take photos from front, sides, above, and rear. ’Capture details; data plate serial number, plate, number model number, manufacturer. manufacturer ’Use the right film and flash flash. ’Keep photo log.

Sketches And Diagrams ’Draw picture of accident scene. ’Label all key parts. parts ’Show distances. ’Keep details. ’Use notes. ’Use GPS device to locate key locations.

Preserve And Review Documents • • • • • • • •

IIPP Training records Certifications. Maintenance records Contracts Permits Technical manuals Audits

Preserving Critical Evidence 9Use proper collection methods methods. 9Notify management immediately when critical evidence is found. found 9Maintain chain of custody. 9Expedite evidence delivery to County Counsel or City Attorney.

“Human Factors” Can You Identify d if Them? h ’Failure to follow ’Improper established attention procedures ’Failure to ’Failure to comply anticipate ’Improper decision with general rules ’Inadequate training ’I d ’Inadequate t ’Inadequate planning s pe ision supervision ’Misjudged clearance

More “Human Factors” To Identify d if ’Improper simple physical p y action ’Improper complex physical action ’Overconfidence ’L k off confidence ’Lack fid ’Fatigue

’Inadequate experience p ’Excessive motivation to succeed ’Effects of alcohol alcohol, drugs, or illness ’Imp ope use ’Improper se of tools/equipment

AB 1127 California Labor Law

“Any employer and any employee having g direction, management, g control, or custody of any employment, p y p place of employment, p y or of any other employee, who willfully y violates any y occupational p safety or health standard that p causes death or permanent prolonged impairment to an employee………”

California Labor Law Continued… “Is guilty of a public offense.” Æ Fines up to $250,000 Æ Jail terms up to 3 years Æ Criminal evidence can be used in civil litigation

Subrogation ¾An insurer may endeavor to recover from a third party the amount it paid to its insured for a loss. loss

Subrogation For Third hi d Party Liability i bili ÆGeneral and sub- contractors ÆManufacturers and distributors of defective products ÆPrivate parties

What Is A “Multi-Employer Worksite”? ¾Any y worksite,, permanent p or temporary, p y, where more than one employer (and his p y ) work,, usually y but not or her employees) necessarily at the same time. ¾Examples include: construction, environmental and janitorial services, repairs, and deliveries.

Categories of Employers Citable Under 8 CCR 336.10 ¾ Before the adoption of 8 CCR 336.10 336 10 and 336.11, 336 11 only the employer whose employees were actually exposed to a violative condition could be cited for a violation. Such an employer is called the “exposing p g employer”. p y ¾ Beginning in 1/1/2000, L.C. 6400 and T8 CCR 336.10 allow Cal/OSHA to cite, in specified circumstances, an employer who is responsible for a violative condition, regardless of which employer’s l ’ employees l are exposed d to t the th violative i l ti condition.

Types T e Of Cit Citable ble Employers E lo e At A Multi Multi-Employer Employer Worksite

All Four Types yp Are Not Mutually y Exclusive

The Exposing Employer ¾An employer whose employees were p to the violative condition at the exposed worksite, regardless of whether that p y created the violative condition. employer

The Creating Employer ¾An employer who actually created the violative condition.

The Controlling Employer ¾An employer who is responsible for safety and health conditions at the worksite and who has the authority to correctt the th violation. i l ti Evidence E id off an employer’s “control” can be demonstrated in any of these three ways:

9Explicit Contract Provisions Pertaining To W k i Safety Worksite S f 9Any Type of Contact Authority that Directly Affects Worksite Safety 9Actual Practice

The Co Correcting ecting Emplo Employer e ¾An employer who has the specific responsibility to correct the violative condition. condition

Human Factors Contribute To Most Accidents id ’Risk taking ’NOTHING HAPPENS! ’P iti reinforcement ’Positive i f t ’Rationalization of accident probability ’Risk taking g continues indefinetly y

Writing The Accident Report ’Use facts to write the narrative. ’M k findings ’Make fi di th thatt are definite, suspected, and f found db butt nott contributing. ’Make recommendations for all findings.

The Accident Investigation Report Has 3 Parts

The “Narrative” Narrative ’Is a word picture that tells the reader y what happen pp exactly ’Includes all facts taken from witness statements ’Includes technical information obtained from the accident investigation ’Does not speculate

The “Findings” Findings ’Identifies the cause(s) of the accident ’Can be grouped in 3 categories: Man, Machine, and Environment ’Can be definite, definite suspected, suspected and/or found but not contributing based on the facts

The “Recommendations” Recommendations ’Are linked to each finding ’Indicate the corrective action(s) needed to prevent future accidents ’Makes top management aware of the problems and solutions ’Should give possible solutions and cost analysis ’Creates a “paper paper trail trail”

Employee Safety Coaching ’Identifies unsafe behavior ’Corrects unsafe behavior ’Documents employee’s agreement to improve ’Set time lines for follow-up ’Classified as “re-training” not discipline positive experience! p ’Make it a p

Ensure Top Management R i Reviews The Th A Accident id t Report R t ’Makes the “boss” boss aware of the loss ’Gains the boss boss’s” s support ’M k the ’Makes th boss b responsible for t ki taking corrective ti action ’Shows the boss you did your job

Take Corrective Action ’Abate hazard(s) ’Change process ’Provide training ’Provide PPE ’Change procedures ’Change behavior

Monitor Results ’Are losses still occurring? ’What are the sources? ’What are the cause(s)? ’Get the facts!