How to Conduct an Accident Investigation

If your job site or place of business has an accident, a thorough and prompt investigation must be conducted. The investigation details may form the basis of either defending or filing a liability lawsuit. Reviewing the investigative report is the first thing a good construction accident attorney will do when asked to be the lawyer for the plaintiff or defendant.

What Is an Accident

An accident does not necessarily need to result in an injury. An accident, according to the online legal dictionary is not a legal term but “…may be used generally in reference to various types of mishaps, or it may be given a technical meaning that applies when used in a certain statute or kind of case.”

Essentially, if something causes damage to property or injures someone, or almost does, it can be considered an accident.

Given the potential legal consequences, especially in the event of an injury, the company or entity should investigate formally

The Occupational Safety and Health Administrations (OSHA), although the agency does not provide specific guidance, says that as a best practice, companies should always investigate in the event of “any” accident.

Timeliness

Conduct an accident investigation as soon as possible after the event takes place.

The longer you wait, the more likely witnesses will disappear, memories will fade, and evidence gets lost.

Basic Questions to Resolve

Investigators should use certain basic questions as guidelines to ask themselves while conducting the investigation: How did it happen, where did it happen, when did it happen, and who was involved.

The ultimate goal is to find the root cause and correct it.

Steps

Companies should follow general steps when opening an accident investigation:

· Appoint the Investigative Team

Choose the right person or persons to conduct the investigation. Typically, this is someone familiar with the workspace, the work being done, and who has training in investigating incidents.

Often the supervisor is the right choice. Severe accidents may require senior management involvement or hiring an outside agency.

Depending on the company and type of work, you may want to include a safe and health expert, a worker, a union representative, and someone from management.

Interviews

Interviewing witnesses as soon as possible is critical.

The longer you wait, the more likely witnesses may talk among themselves and perhaps influence each other.

Get a written statement from all first-hand witnesses. Develop a questionnaire and ask the witness to fill it out.

The questionnaire should contain things like where the witness was at the time of the accident, what the person was doing, and who else the witness may have noticed was present.

Site Survey

Take photographs of the area where the accident happened. Ensure you include things in the area that may have contributed to the accident like wet floor signs, broken stairs, rotten wood, uneven floors, or anything else that may have contributed to the situation that caused the accident.

Write the Report

Provide a written narrative with copies of all pertinent data uncovered, including the originals of witness statements, photographs, and any research done.

A good investigator will provide a factual narrative, avoiding placing blame, or adding personal opinions. If there are code violations, for example, just list them. Do not attempt to determine who is responsible for the violation at this stage.

As appropriate, the narrative should include suggested steps to prevent similar accidents in the future.

Analyze the Results

Once the report is written, management should have a formal process to review and analyze the results and take whatever steps necessary to correct the problem.

Final Thoughts

Whatever sort of investigation you do, whether at a construction site or in an office, remember that the ultimate reason for the inquiry is employee safety, not necessarily placing blame.