b'YOUR TOOLKIT FOR BUILDING EXCELLENCEACCIDENT INVESTIGATIONS - PART ONEBY Gary AumanNFBA Legal CounselIdo everything you can to keep youryouremployeesandthatyou am sure that as a member of this Association youhave a strong safety culture. I employees safe and avoid accidents. As werecommend that a written record all know, as hard as we try, accidents do occur.be maintained of every accident When they do occur, it is important to performinvestigation. Not only should the investigation an accident investigation to determine the causedocumentation show that you investigated and of the accident. There are several reasons toidentified the cause of the accident, but also investigate an accident: to determine the cause ofwhat corrective action should be, and has been, the accident, to prevent future repetitions, and totaken. Remember, anytime that an employee is gather necessary information to protect you frominjured, you have an exposure to liability, at least possible liability. In most cases, the accident, andthrough workers compensation but sometimes any related injuries, will be minor; but an accidentbeyond that administrative remedy. These investigation may identify a common action, amight include things that are OSHA-related, course of events, or an error by an employee(s)and/or indemnification and hold-harmless that lead to the accident. agreements that you may have signed with the The first step in a good accident investigationowner of other contractors. procedureistorequirethatallaccidents,So, now you are reading this and thinkingwhetheranemployeeinjury,orpropertydo I have to pull together an entire accident damage, be reported to the supervisor as soon asinvestigation team every time someone cuts possible. 29 CFR 1904.35(b)(1)(i)you musthis finger, gets a band aid, or bruises his/her establish a reasonable procedure for employeeselbow? The answer to that is NO! However, I do to report work related injuries and illnessesrecommend that you establish a hierarchy for promptly and accurately. A procedure is notstaffing and conducting accident investigations. reasonable if it would deter or discourage aObtainingsomebasicinformationand reasonable employee from accurately reportingemploying a few basic procedures should be a workplace injury or illness.You cannotfollowed in all accident investigations. require immediate reporting. First, you should always interview the injured I believe that a good accident investigation, andemployee. If there was no injury (just property the records of those accident investigations,damage), interview the employee who either must be performed every time an accidentwas an eyewitness to the accident, or whose occurs.Thiswillalsogofartoestablishactions may have caused, or contributed, to that you are concerned about the safety ofthe accident. The procedure that I describe continued on page: 44 FRAME BUILDER - FEB2022 / 43'