OHS Webinar – Accident Investigations June 17, 2015 Welcome! • What is go2HR? • What to expect during this OHS Webinar • Upcoming key dates: – OHS Webinar: July 15 – Workplace Ergonomics – OHS Summit: Sept 24 – register online! – COR Internal Auditor Training: July 24 • www.go2hr.ca/subscribe • Alex Booth, Regional Manager, Employers' Advisers Office Accident/Incident Investigations 2015 Employers’ Advisers Office. All rights reserved. The Employers’ Advisers Office encourages the copying, reproduction and distribution for Employer or Employee use of this document. However, no part of this document may be copied, reproduced, or distributed for profit or other commercial enterprise, nor may any part be incorporated into any other publication, without written permission of the Provincial Government of British Columbia. Objectives • Identify when WorkSafeBC must be contacted • Identify when an investigation must be completed • Prepare an incident report • Identify the benefits of investigations Employers’ Advisers Office (EAO) • • • • • • Independent from WorkSafeBC Advice Assistance Education Representation WorkSafeBC issues Occupational Health & Safety Requirements WC Act Part 3 OH&S Regulations & Prevention Policies OH&S Guidelines Accident Definition A sudden event that is not planned or intended and that causes damage or injury Incident Definition • Includes an accident or other occurrence which resulted in or had the potential for causing an injury or occupational disease Investigation Definition Analysis and account of an incident based on information gathered by a thorough examination of ALL FACTORS involved Purpose of Investigations • • • • Prevent recurrences and injuries Find the causes Saves time, money and lives It’s the law! The Law Workers Compensation Act • Part 1 – Compensation to Workers & Dependents (Divisions 1-6) (Sections 2-101) • Part 2 – Liability of Employers in Industries not within the Scope of Part 1 (Sections 102-105) • Part 3 – Occupational Health & Safety (Division 1-17) (Sections 106-230) • Part 4 – Appeals (Sections 231-260) Immediate Notice of Certain Accidents Workers Compensation Act s. 172 • Must immediately notify WorkSafeBC • Serious injury or death • Major structural failure • Major release of a hazardous substance • An incident required by regulation • Do Not disturb the accident scene Incidents that must be Investigated Workers Compensation Act s. 173 • Must immediately investigate into the cause(s) – Reported under s. 172 – Resulted in an injury requiring medical treatment – Potential for causing serious injury (Near Miss) – An incident required by regulation • Does not apply to motor vehicle accidents on public street or highway Why Investigate Near Misses? Investigation Process Workers Compensation Act s.174 • Carried out by knowledgeable persons • If possible, participation of employer and worker reps • Names, addresses and telephone numbers of witnesses to be recorded Bill 9 - Investigations What HASN’T Changed: • When an investigation is required and who is to conduct it • Required Investigation and Corrective Action Reports • Corrective Action Report to be provided to Joint Committee or Worker Representative, or be posted What HAS Changed: • Process – now two steps: • preliminary investigation and report within 48 hours of incident; • full investigation and report within 30 days of incident Preliminary Investigation Requirements Section 175 of the Workers Compensation Act: • Identify unsafe conditions, acts, • Complete a preliminary within 48 hours • Take corrective action without undue delay • Provide Corrective Action Report to Joint Committee or worker representative, or post Full Investigation Requirements Section 176 of the Workers Compensation Act: • Full Investigation to: – determine cause; – identify unsafe conditions, acts or procedures that significantly contributed; – determine corrective action. Full Investigation Requirements Section 176 (continued): • • • Undertake corrective action without undue delay Prepare a report of corrective action taken or to be taken Provide to the Joint Committee/Worker Rep or post Key points to the changes -Don’t panic! -Preliminary vs Full investigation -Follow the requirements -Adapt your forms to comply with Policy D10175-1 and Policy D10-176-1 not just OH&S regulation 3.4 Prevention of Reporting Workers Compensation Act s.177 • Employer or supervisor must not attempt to prevent a worker from reporting to WorkSafeBC an injury, illness, death, or hazardous condition, or allegations of these. What is the most important thing you need to conduct an investigation? The Investigation A step-by-step process Secure the Scene • Eliminate the hazards: – Control chemicals – De-energize – De-pressurize – Illuminate – Shore it up – Ventilate Isolate the Scene • Barricade the area and keep everyone out • Except those providing care, law enforcement, and investigators allowed entry • Protect the evidence Provide Care to the Injured • Ensure that medical care is provided to the injured people before proceeding with the investigation Ask “What Happened” • Get a brief overview of the situation • Not a detailed report yet Interview Process • Interview as soon as possible after the incident – Do not interrupt medical care to interview • Interview each person separately • Do not allow witnesses to confer prior to interview The Interview • • • • • • Put the person at ease. Fact finding NOT fault finding Don’t ask leading questions Take notes Summarize what you have been told Ask for recommendations to prevent recurrence Gather Evidence • • • • Examine the accident scene Diagram the scene Take photographs Review records Contributing Factors • • • • Environmental Design Systems & Procedures Human Behaviour Environmental Factors • Noise • Vapours, fumes, dust • Light • Heat • Weather • Insects and animals Design Factors • Workplace layout • Design of tools & equipment • Maintenance Systems and Procedures • Lack of systems & procedures • Inappropriate systems & procedures • Training in procedures • Housekeeping Human Behaviour Contributing Factors Root Causes Missing guard Hazardous Conditions/Practices Horseplay Poor housekeeping Ignored safety rules Didn’t follow procedures Defective tools Equipment failure No MSDS’s Did not report hazard Don’t know how Purchasing unsafe equipment Poor work procedures Lack of supervision No follow-up/feedback Rules not enforced Lack of Training Lack of safety leadership Poor safety management Poor safety leadership Root Causes Common pitfalls… • Believing carelessness is a cause of incidents • Assuming contradictory evidence indicates falsehood • Looking for only one basic cause • Forgetting about the personal feelings of others • Failing to keep the information confidential If an investigation is not completed • Orders could be written • An administrative penalty could be imposed • It could happen again! MSI Investigation • • • • Focus on a different mechanism of injury Process does not change Identify risk factors and assess risks Use a checklist to keep investigation in focus Benefits of Accident Investigation • • • • Prevents recurrences Identifies outdated procedures Improvements to work environment Improvement of operational and safety procedures • Raises safety awareness • Improves workplace morale Summary • • • • • Remember the Near Miss Go to scene of accident promptly Get the facts; study possible causes Develop corrective actions Consult with joint committee about possible solutions • Ensure investigation reports completed and submitted to WorkSafeBC when required • Foster environment where workers are empowered to report accidents and incidents COR Program • • • • Element 5: Investigation of Incidents/Accidents 10% of total audit score 100 points available Verification method: documentation & interviews • What will the audit measure? • Key concepts & implementation tips Resources for You Employers’ Advisers Office www.labour.gov.bc.ca/eao WorkSafeBC www.worksafebc.com go2HR www.go2hr.ca/health-safety Questions? Trina Pollard Manager, Industry Health & Safety go2HR tpollard@go2hr.ca (604) 633-9787 ext 259 Zito Kare Industry Health & Safety Specialist go2HR zkare@go2hr.ca (604) 633-9787 ext 220 Employers’ Advisers Office eao@eao-bc.org 1-800-925-2233