b'Garys Cornerineffective piece of PPE.Sometimes fault will lie with more than one party or thing. In example, in the case of a PPE failure; if the PPE was properly inspected by the user before each use, then failure of the PPE should not have occurred. Let us not approach this topic from an idealistic perspective and recognize that it is important to find the reasonthe faultfor the accident. The bottom line in any accident investigation is to determine the cause of the accident so that steps/safeguards can be put in place so a similar incident does not occur again.We are dealing with accidents that vary from the extreme of minor injuries that do not even meet OSHA recording criteria, to injuries that are recordable on an OSHA 300 log, to serious injuries that are reportable to OSHA. Even if an incident is very minor and not recordable, if the employee reports it, the site supervisor should conduct an investigation to determine the cause and assess whether additional training of the employee should take place. In fact, even a minor incident could highlight a blind spot in the companys safety program. An investigation may bring awareness to an employer that employees need training/retraining on those particular safety steps. They might need to revise safety procedures to avoid a similar incident and/or injury. I feel that any accident/incident that results in an OSHA reportable, and/or is being investigatedany other reporting protocols established by because of the potential for litigation, should bethe employer. 12/20/2021 10:37:43 AMMRCA Qtr Page Vert.indd 2investigated by a team of two or more supervisory or3.Iftheaccidentinvolvesandinjurywhich management employees. If you recall from Accidentrequires a report to OSHA, I suggest you Investigations, Part ONE, an OSHA reportable is ancontact your attorney, advise him/her of the accident involving a hospitalization for treatment,accident and get his/her advice as to how to the loss of an eye, an amputation within twenty-fourproceed. The attorney may recommend that hours of the accident, or a fatality within thirty dayshe/she direct your investigation, which should of the accident. For accidents/incidents of this type,add attorney client privilege to the fruits of the basic approach for the resulting investigation willyour investigation. Or, after evaluating your be the same. A good investigation should involve atreport, your attorney may advise you how to least two supervisors, and/or a supervisor and theproceed and direct you to do so; but not involve safety director or another member of management.himself/herself on site for the investigation. In Here are some initial steps and priorities that shouldthis case, privilege should still attach to the be taken: fruits of the investigation.1.Encourage employees to report any workplace4.If you have any questions as to the reportability injurytotheirsitesupervisorassoonasof a workplace injury I strongly recommend possible after it occurs. checking with your attorney for advice on 2.The supervisor should first see that the injuredwhether the accident needs to be reported. worker is properly cared for. After he/she has(Ideally someone experienced in addressing accomplished that, they should secure the siteworkplace safety, OSHA issues and who is so that no other employees can be injured.up on developing case law.) They must also identify witnesses and followContinued on page 36www.mrca.orgMidwest Roofer 35'