02/07/2015
If a serious or fatal accident occurs at a construction or industrial site, it is vital that managers are aware of their legal responsibilities and (as harsh as it may sound in such circumstances), the actions they need to take in order to protect the companies interests until a formal investigation is concluded and its findings are announced.
Clear and Preserve the Scene of the Construction Accident
The first and foremost consideration is always for the health and safety of employees and any surrounding individuals who may be affected (in the case of a chemical spill or explosion for example). After medical help has been sought, the site manager should follow an emergency response plan which covers evacuating the scene if necessary and shutting down certain machinery and equipment to prevent further casualties.
As far as possible the scene of the accident should be preserved in order for investigators to conduct their analysis of the accident; however, it is acceptable to disturb the scene in order to protect the safety of others or make the area hazard free.
Report the Construction Accident to the HSE and Police (if there has been a fatality)
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, (RIDDOR) a designated person, (usually the site manager) must notify the Health & Safety Executive (HSE) without delay, in accordance with the reporting procedure in RIDDOR, Schedule 1. This can be done by reporting online. Alternatively, for fatal accidents or accidents resulting in specified injuries to workers only, you can phone 0845 300 9923.
For serious accidents, an HSE officer will come to the site promptly. If the construction accident involves a fatality, the police are required to attend the scene and take control. Police and HSE officers are required to take notes on the accident and site, and interview witnesses. They also have the power to seize documents which may be relevant to the investigation.
Any contractors have a duty not to obstruct the police or HSE officer whilst they carry out their investigations. A designated person should be on site to answer questions from authorities and report any developments back to senior managers. Often the best person to manage this role is a solicitor who can put in place a communication network and sound response strategy.
Communicate the Construction Accident to Relevant Parties
Relevant individuals and organisations will need to be informed of the incident. First and foremost this should include family members of anyone injured or killed in the accident. Following this, it is likely you will need to inform your insurers of the accident and other employees and contractors working on-site.
If you chose to make a statement to the press it is prudent to obtain legal advice beforehand, to avoid incriminating the company or individuals before a full investigation has taken place.
Initiate an Internal Investigation into the Construction Accident
As well as the investigation being conducted by the police and / or HSE, an internal investigation, headed by your legal advisor, should be undertaken. If the internal investigation is done under the instruction of solicitors, in order to assess the civil and criminal legal implications of the incident, then the investigation report should be protected from disclosure to the authorities by its legally privileged nature.
Emerging from the horror of a serious work-place accident is a challenge no business wants to experience. However, by following the correct procedure and taking legal advice at every stage to understand the implications of all decisions made, the organisation will eventually be able to move on from the tragedy.
To find out more about emergency disaster responses please click here, or phone our London office on 0207 993 6960 to make an appointment.
Fisher Scoggins Waters is a leading construction, engineering and manufacturing litigation firm, specialising in disputes and disasters. For further information on this article or any of our litigation services, please contact us on +44 (0) 207 993 6960.