b'THE OFFICIAL NFBA MAGAZINEcontinued from page: 25of the employee should take place. In fact, even aproceed and direct you to do so; but not involve minor incident could highlight a blind spot in thehimself/herself on site for the investigation. companys safety program. An investigation mayIn this case, privilege should still attach to the bring awareness to an employer that employeesfruits of the investigation.need training/retraining on those particular safety4.If you have any questions as to the reportability steps. They might need to revise safety proceduresof a workplace injury I strongly recommend to avoid a similar incident and/or injury.checking with your attorney for advice on I feel that any accident/incident that results in anwhether the accident needs to be reported. LEGALLY SPEAKINGOSHA reportable, and/or is being investigated(Ideally someone experienced in addressing because of the potential for litigation, shouldworkplace safety, OSHA issues and who is up beinvestigatedbyateamoftwoormoreon developing case law.) supervisory or management employees. If you5.You should consider seeking guidance from recall from Accident Investigations, Part ONE,your attorney even for accidents that do not an OSHA reportable is an accident involving aresult in an OSHA reportable injury, but in an hospitalization for treatment, the loss of an eye,injury none the less. Some of these accidents an amputation within twenty-four hours of themay involve issues beyond OSHA. They might accident, or a fatality within thirty days of theinvolve the potential for third party liability, accident. For accidents/incidents of this type, theeven from your injured employee. If another basic approach for the resulting investigation will be the same. A good investigation should involvecontractors employee(s) was injured, you at least two supervisors, and/or a supervisormay be exposed to an additional claim against and the safety director or another member ofyour company.management. Here are some initial steps and6.If equipment and/or machinery have beenpriorities that should be taken: involved in the accident you should contact 1.Encourage employees to report any workplaceyour attorney before you take any action with regards to the equipment or the machinery. injury to their site supervisor as soon asYour injured employee, or an injured non-possible after it occurs. employee, may seek to hold you liable for 2.The supervisor should first see that the injuredspoilation of evidence; even with workersworker is properly cared for. After he/she hascompensation immunity. If you take action accomplished that, they should secure the siteas to a piece of equipment or a machine so that no other employees can be injured.thatadverselyaffectstheabilityofyour They must also identify witnesses and followinjured worker to seek redress against the any other reporting protocols established bymanufacturer, or distributor of that equipment, the employer. for products liability or some other claim. 3.If the accident involves and injury which7.While the preceding steps are going on, yourequires a report to OSHA, I suggest youshould also protect the scene of the accident. contact your attorney, advise him/her of theThis may be done by locking out the equipment accident and get his/her advice as to how toand roping off the area where the equipment proceed. The attorney may recommend thatis/was located until appropriate measurements he/she direct your investigation, which shouldand photographs have been taken. Physical add attorney client privilege to the fruits ofevidence that has been collected should also your investigation. Or, after evaluating yourbe secured. A sketch of the scene is frequently report, your attorney may advise you how tohelpful for use while interviewing witnesses.26 / FRAME BUILDER - NOV2022'