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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
¾Inventoryy the contents of an
Accident Investigation Kit
¾Discuss techniques for preserving
and collecting evidence
More Training Objectives:
y human factors
¾Identify
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 withith
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 controllingg 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
t resistant
’Water
’W 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

i safely
’Arrive
’A f l
’Take charge
’Get employee(s)
to medical care
’Preserve
evidence
’Start
investigation
Identify Witnesses

j dE
’Injured
’I 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
’Improper ’Failure to follow
attention established
’Failure to procedures
anticipate ’Failure to comply
’Improper decision with general rules
’I d
’Inadequate t ’Inadequate training
planning ’Inadequate
’Misjudged s pe ision
supervision
clearance
More “Human Factors” To
Identify
d if
’Improper simple ’Inadequate
physical
p y action experience
p
’Improper complex ’Excessive
physical action motivation to
’Overconfidence succeed
’L k off confidence
’Lack fid ’Effects of alcohol
alcohol,
’Fatigue drugs, or illness
’Imp ope use
’Improper se of
tools/equipment
AB 1127
California Labor Law
“Any employer and any employee
havingg 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
causes death or permanent
p
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”?

¾Anyy worksite,, permanent


p or temporary,
p y,
where more than one employer (and his
p y
or her employees) ) work,, usually
y but not
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 exposedd 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
exposed to the violative condition at the
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
founddb 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
exactly pp
’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
’Make it a p
positive experience!
p
Ensure Top Management
R i
Reviews The
Th AAccident
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!