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 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

Independent from WorkSafeBC Advice Assistance Education Representation WorkSafeBC issues Employers’ Advisers Office (EAO)

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 ) Part 3 – Occupational Health & Safety (Division 1-17) (Sections ) Part 4 – Appeals (Sections )

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 NEW

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 NEW

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. NEW

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 NEW

Key points to the changes -Don’t panic! -Preliminary vs Full investigation -Follow the requirements -Adapt your forms to comply with Policy D and Policy D not just OH&S regulation 3.4 NEW

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

Lack of safety leadership Lack of supervision Lack of Training Missing guard Rules not enforced Poor work procedures Purchasing unsafe equipment No follow-up/feedback Poor safety management Poor safety leadership Didn’t follow procedures Poor housekeeping Horseplay Ignored safety rules Defective tools Don’t know how No MSDS’s Root Causes Hazardous Conditions/Practices Contributing Factors Did not report hazard Equipment failure 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 WorkSafeBC go2HR

Trina Pollard Manager, Industry Health & Safety go2HR (604) ext 259 Employers’ Advisers Office Zito Kare Industry Health & Safety Specialist go2HR (604) ext 220 Questions?