Preserving Evidence at an Accident Scene (Safety Meeting Outline)

This is an outline for a group discussion.   Leaders will need to provide additional information about company policy and procedures as well as legislation applicable outside Alberta.

Introduction

Recently two Alberta employers and in one case a worker received substantial fines for "disturbing the scene of an accident."   Moving evidence without reason or trying to cover up a bad situation does nothing to help prevent future accidents.   It also puts you at risk of being charged under the Occupational Health & Safety Act.

While the possibility of a fine exists, the fear of punishment should not be the prime reason for preserving evidence.   If evidence is moved or tampered with for whatever reason we may arrive at an incorrect conclusion about the accident causes, and will have done nothing to improve workplace safety.

Why do we investigate workplace accidents?  

• Prevention -so it doesn't happen again!
• Morale -serious accidents degrade morale.
• Business -things that hurt people also affect quality and production.
• Legal -like it or not, the law says certain situations must be investigated.
• Public Relation -the media/community/shareholders have a right to know.

What types of accidents/situations are to be investigated according to company procedures?    Who conducts theses investigation?  

• Provide overview of company requirements.

What types of accidents need to be reported to provincial/state authorities?

Alberta Occupational Health & Safety must be advised immediately by telephone of any work related serious accidents.   A serious accident as defined in Section 18 includes:

• an injury or accident that results in death,
• an injury or accident that results in a worker being admitted to a hospital for more than 2 days,
• an unplanned or uncontrolled explosion, fire or flood that causes a serious injury or that has the potential to cause serious injury,
• the collapse or upset of a crane, derrick or hoist, or
• the collapse or failure of any component of a building or structure necessary for the structural integrity of the building or structure.

In addition to reporting these to authorities employers must also complete their own investigation and prepare a report outlining the circumstance and the corrective actions.   Investigations must also be conducted in situations where the potential of a serious injury exists.

Who in our organization is responsible for notifying government agencies of serious accidents, environmental spills, etc?

•   Provide overview of company requirements. 

While the law says nothing should be disturbed at a serious accident scene there are exceptions, what are these?

Section 18 states that a person shall not disturb the scene of a serious accident unless directed to do so by an occupational health and safety officer or a peace officer except insofar as is necessary in:

• attending to persons injured or killed,
• preventing further injuries, and
• protecting property that is endangered as a result of the accident.

Why is it important to protect the scene of a serious accident?

So our investigation is not hampered and the true facts of the causes of the accident can be discovered?   The final resting position of debris and people may tell us a lot about what happened.   If evidence is moved we may come to an incorrect conclusion about the causes of the accident.   We end up fixing the wrong thing, and it will be only a matter of time before another, perhaps more serious accident happens.

How might you protect an accident scene from being disturbed?  

• Respond promptly and take charge of the scene.
• Control access by posting guards (employees).
• Use barricade tape or close and lock doors.
• Cover evidence with tarps or plywood.
• Take photos and draw sketches.

Review of Key Points

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