Startup Business Safety: 4 Things to Focus on When Conducting an Accident Investigation

Thousands of accidents occur throughout the United States every day. The failure of people, equipment, supplies, or surroundings to behave or react as expected causes most of them.  For new startup business, such failures tend to be even more likely, it seems.  Accident investigations determine how and why these failures occur. By using the information gained through an investigation, a similar, or perhaps more disastrous, accident may be prevented. It is important to conduct accident investigations with prevention in mind.

While there are currently no specific standards for accident investigation Section 5(a)(1) of the OSH Act, often referred to as the General Duty Clause, requires employers to "furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees". Section 5(a)(2) requires employers to "comply with occupational safety and health standards promulgated under this Act".

An effective safety and health program depends on the credibility of management's involvement in the program, inclusion of employees in safety and health decisions, rigorous worksite analysis to identify hazards and potential hazards, including those which could result from a change in worksite conditions or practices, stringent prevention and control measures, and thorough training. It addresses hazards whether or not they are regulated by government standards.

If a serious accident occurs on the job always ensure that the injured parties receive prompt medical attention! Nothing should interfere with this concern except the safety of the rescuers themselves. Thereafter:

1. Have a responsible person secure the scene of the accident. This will protect the safety of other people and property and preserve important evidence for the accident investigation.  Do not begin an accident investigation until the site is deemed safe by a designated person in charge.
2. Gather information, visually assess the accident scene, and interview witnesses. Conditions at an accident site will change rapidly. Record the location of all items of evidence and mark the location of any items likely to be moved for example, injured people, or high values items. Record the identities and contact information for any witnesses and if possible, obtain a written statement from them. Take thorough notes. Taking photographs or sketching diagrams may also be necessary.
3. Examine the evidence and analyze all of the information. Try to identify any contributing factors or causes of the accident. 
4. Prepare an accident report. Include all details of the accident and develop conclusions regarding the root cause, but avoid any placement of legal liability or blame.

Take corrective action to eliminate the cause(s) of the accident, including, but not limited to employee retraining, changes in work activities, use of different or additional personal protective equipment, and other required responses to the event.  Being proactive in the workplace following the occurrence of an on-the-job accident will reap countless benefits for the startup business and minimize exposure on the liability side of the equation for everyone concerned.

If you have further questions concerning this subject and workplace safety, continue and follow our Risk Manager on Your Side or contact Bruce Smith at Goosmann Law Firm. 

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