Rank: Forum user
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Hi,
I am currently working on an accident investigation policy and trying to work out what should be investigated. Whilst the bigger, more serious accidents stand out as worthy of investigation at what point does a reported accident not need investigating.
Whilst understanding that in previous jobs where there has been more that one person available to undertake the investigation, where I am now there is only myself. The biggest issue I have is time constraints.
Can anyone advise on either legal requirements or general guidance?
Please note that since I have been in the position we have as a company developed individual awareness, better house keeping and reduced significantly the volume of accidents.
Will
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Rank: Super forum user
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All accidents and near misses should be investigated.
Google Heinrich's Triangle and Bird's subsequent update plus work by the HSE.
Todays cut finger could be tomorrows amputation. Todays racking impact by FLT could be tomorrows fatal pedestrian collision.
It is the degree of investigation and formality that changes with the severity.
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Rank: Forum user
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Totally agree with Stevie on this one - all accidents/incidents/near misses should be investigated - how complex/detailled that needs to be will depend opn the nature of the incident (note: this is not the same as the outcome, as some near misses may easily have turned into major incidents)
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Rank: Super forum user
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But, you also need to consider whether it's actually true that today's cut finger could be tomorrow's amputation - many incidents that result in minor consequences are NOT precursors of a fatality.
Example. If I scrape the high pavement where I park this is not a precursor of whiplash. It's an almost inevitable consequence of the narrowness of the street if I don't want to lose my offside wing mirror (yes, it does get folded in!).
Conversely, if a Taggart production lorry slides down the same street in icy conditions and takes out nine other vehicles - it happened a few years ago, same location and precursor of fatality.
Other problems with Heinrich insufficient recognition that all accidents are multi-causal and thence tendency to home in behaviours (Heinrich 88%, Du Pont 96%) at the expense of unsafe conditions.
In turn this leads to a tendency to inadequately address low probability, high consequence events (Process Safety) and occupational health risks.
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Rank: Forum user
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Try developing and basing your policy and procedure based on this document
http://www.hse.gov.uk/pubns/priced/hsg245.pdf
This is the HSE guid eto accident investigation.
In theory I agree that all accidents should be investigated, but to be pragmatic about it, if time is short or simply not available then you do have to prioritise you resources.
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Rank: Guest
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We've always used the statutory accident book as the first step in accident investigation. They generally include space for 'what steps have been taken to prevent further danger / reoccurrence. This implies someone should have investigated what has caused the accident. In many cases the response can be limited to a couple of lines of text (i.e. Spill cleaned up). At our site this was often left blank but I encourage the IP / First Aider or supervisor to provide input, review and decide on further action if necessary.
Analysis of accident data may show trends in minor accidents that warrant further investigation, procedure changes etc. More serious accidents obviously a more structured investigation. For this we form a small working group based around for example the IP's team. Incidentally accident investigation is one of the key areas identified by HSE for worker involvement.
We use the same process for investigation on non injury incidents.
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Rank: Super forum user
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I agree that all incidents should be investigated as some have said above.
But there is another part of the original post to tackle. Quote "Whilst understanding that in previous jobs where there has been more that one person available to undertake the investigation, where I am now there is only myself."
In mature HS Management Systems HS is managed and lead by the line management ( Supervisor, Shift Manager, Engineer, Manager for the area) and they should lead all accident investigations in their areas (assisted by the HS function if necessary).
Will - who does the acc investigations when you are not around? Think about how you influence change in the policies to get the line managers to take more responsibility for HS.
A good process is :
- accident
- supervisor investigates and records facts
- Manager reviews the report and adds comments or requires further investigation.
-Part of this process may need involvement from witnesses, safety reps, engineers or HS Adviser
Steve
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Rank: Super forum user
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Putting aside the theory for a moment, it may be possible to have a hierarchy approach to investigations. An immediate investigation should be completed by a responsible person who is responsible for that areas or task, which may warrant a further and more detailed investigation by a safety person; and finally, a formal investigation for the more serious incidents. In order to be economical with one's time it is important to recognise those incidents which have the potential for a more serious incident. I, like Peter, do not subscribe to the notion 'that today's cut finger could be tomorrow's amputation' in all cases.
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Rank: Super forum user
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RayRapp wrote: I, like Peter, do not subscribe to the notion 'that today's cut finger could be tomorrow's amputation' in all cases.
When I made that comment, I had in mind contact with a rotating blade on a circular saw or a rotating drill bit - cutting and entanglement risks. A part of the body has come into contact with something it shouldn't have done and escaped with a minor cut.
Had safeguards in the form of probes, guards, push sticks been in place it would not happen. These would be picked up on the investigation.
Agreed that every cut is not going be a precursor to a possible amputation scenario - paper cut being the obvious one. I should have explained that more clearly but I think the wife was calling me for lunch! - Oh the joys of working from home.
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Rank: Forum user
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RayRapp
If you read/follow the HSE document I provided the link to earlier, it recommends a hierarchial approach to investigating accident depending upon the potential consequences of a near miss / incident etc i.e. supervisor, line anager, safety manager.
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Rank: Guest
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Steve,
I agree in principle that HS, including investigation should be led by the line manager (or similar) but for the sake of arguement is there not a risk that the investigation could be biased if there are management failings or a fear that the finger of blame is out. (I know this goes against the intention of incident investiagtion (determine causes not apportion blame) but it does happen, particularly in 'imature' (as opposed to your mature HS systems) or where there is limited competence in the investigation process.
I say this because we are part way up the ladder and have tried HS led and management led with varying degrees of success. The jury is still out as to which we we will go.
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Rank: Super forum user
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Stevie, when I copied and pasted that quote for Peter's post I was not even aware you had used it in an earlier posting, so thanks for clarifying the issue.
ITER, thanks but I did/have not read the document, but it is generally the way most organisation conduct investigations. I think the point I was trying to stress is that there should not be a 'one size fits all' approach, otherwise near misses would be given the same priority as accidents - which is clearly not normally the case.
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Rank: Forum user
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Hi Will
First of all its worth noting that there is no legal obligation to investigate any accident or incident , however before i get a post avalanche, all accidents and incidents should be investigated as part of a mature HSE system and lessons learnt and from there controls put in place to prevent a re-occurence and close out the investigation.
Other posts have alluded to the dilemma of how to determine what level of investigation is warranted - the policy should sub divide the accidents - a good way of doing this is using the OSHA system
Precautionary visit - a visit to a first aider/med centre - nothing found ie dust in eye no dust found drops put in or irrigation applied
First aid - an incident leading to treatment - cut or bruise, plaster or bandage
Medical treatment - this is where someone has been to hospital and returned for treatment - stitches in a cut.
Lost time injury - this is where an injury results in a >3 day injury.
Each level of injury would warrant a deeper investigation - however each one however small would have close out actions.
Two suggestions for any policy - it needs to be in black and white that where an accident is not reported to the company or its officers on the shift in question then the company will not accept it - you can still investigate.
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Rank: Forum user
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Sorry will
pressed a button and posted early further suggestions for a policy
Managers and supervisors should investigate and own close out actions.
You can put a legal caveat on them "investigated in preparation for legal proceedings" will stop them being disclosable until a court deems them such - this needs to be done in discussion with legal/insurance types - stopping anyone like unions or staff getting hold of them for claim purposes.
You can arrange your accident investigation process to support the risk management strategy for the company - reduce losses and still make it a good pro active intelligence gathering system.
Finally keep all injured persons or first aiders away from the accident record book - managers only to fill this in - anything the IP or the first aider write on that is disclosable.
Regards
Martin
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Rank: Super forum user
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Interesting. I don't subscribe to the one size fits all approach either, and I am not sure if Heinrich or Bird expected the triangle etc to be taken quite so literally. A splinter in the finger today = tomorrows fatality? .
The fact is that while investigating all accidents and near misses might appear laudable, is it achievable, and indeed what would it achieve? I suggest that you concentrate your efforts where they will have the greatest benefit, i.e. the hierarchal approach that ITER refers to, although accept that isn't always easy to determine, otherwise you could find yourself disappearing up .........................
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Rank: Forum user
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Sorry will
pressed a button and posted early further suggestions for a policy
Managers and supervisors should investigate and own close out actions.
You can put a legal caveat on them "investigated in preparation for legal proceedings" will stop them being disclosable until a court deems them such - this needs to be done in discussion with legal/insurance types - stopping anyone like unions or staff getting hold of them for claim purposes.
You can arrange your accident investigation process to support the risk management strategy for the company - reduce losses and still make it a good pro active intelligence gathering system.
Finally keep all injured persons or first aiders away from the accident record book - managers only to fill this in - anything the IP or the first aider write on that is disclosable.
Regards
Martin
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Rank: Super forum user
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"You can put a legal caveat on them "investigated in preparation for legal proceedings" will stop them being disclosable until a court deems them such - this needs to be done in discussion with legal/insurance types - stopping anyone like unions or staff getting hold of them for claim purposes".
"Finally keep all injured persons or first aiders away from the accident record book - managers only to fill this in - anything the IP or the first aider write on that is disclosable".
I am not 'convinced by either of these staements, and find them curious to say the very least. I don't think that the 'caveat' holds much water and I don't see how or why you would want to keep an injured person away from the accident book!!!!
Why adopt such a cautious and 'secretive' approach? I suggest others don't!
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Rank: Forum user
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Hi Phil
I am not trying to convince you about anything, ive seen enough of your posts to ascertain you are sensible enough to make your own mind up about any given subject.
I use the the posts to assist other professionals or people needing assistance not to try to persuade anyone round to my way of thinking. The approach is not secretive it is simply good governance from a civil litigation perspective as many claimants solicitors use a companies proactive approach of investigation and listing of close out actions as evidence of liability. This is especially so in a heavily unionised environment within high hazard industries.
Allowing IPs to fill in accdent reports in my experience adds little or no value to an accident investigation and will contribute a great deal to any resultant claim.
As noted its not a secretive approach just one that looks at a wider risk management approach.
Regards
Martin
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Rank: Super forum user
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I'm very surprised to see Oldroyd's practices published here. But glad that he's not trying to convince others to do the same.
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Rank: Guest
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quote=Oldroyd19659]Hi Will
First of all its worth noting that there is no legal obligation to investigate any accident or incident , however before i get a post avalanche, all accidents and incidents should be investigated as part of a mature HSE system and lessons learnt and from there controls put in place to prevent a re-occurence and close out the investigation.
There may be no 'legal obligation' to investigate but I would suggest following ITER link to HSG245 as there are plenty of legal reasons for doing so.
IMHO the approach suggested by Oldroyd is not good practice and likely to be counterproductive. If the company takes this approach then can they expect the employees to be open? The aim of the investigation is to prevent accidents not apportion blame. I would suggest that a company that adopts this approach is more concerned with covering backs than running a healthy H&S system.
I thought it was the norm for IP's to fill out the accident record book or the first aider / other if they unable to do so? Initial comments / observations can be very important to the investigation process as they are made before too much thought has gone into what exactly happened. Granted you may not want someone going back after the event and adding something but adopting a 'managers only' approach could leave you wide open to allegation that of falsification, after all the person filling in the book signs the record so ideally it should be the IP or someone who was there.
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Rank: Super forum user
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I agree with Jon B, injured person is too complete the accident book unless they are incapacitated in some way and then it will be the nominated person, normally a supervisor or manager. Surely, there is no need to be paranoid about accidents in the workplace?
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Rank: New forum user
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The approach taken in my company is that the IP completes the accident book/ report (unless they are incapacitated), the line manager then receives a copy of any report(s) so 'local' investigation can take place in conjunction with the IP and any 'serious' or 'critical' incidents - using RIDDOR reporting criteria - and 'near misses' are seen independantly by the H&S manager.
This seems to work well in giving all incidents attention and prioritising the more serious.
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Rank: Forum user
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JONB
I would suggest that a company that adopts this approach is more concerned with covering backs than running a healthy H&S system.
I REALLY RESENT THAT AND TAKE IT AS A PERSONAL INSULT
This is an approach that many major hazard industries adopt, it prevents anyone writing down opinions prior to a full investigation and true lessons learned being disseminated. The chap who requested help should have all and every option open to him when writing a policy for accident investigation even if those that take a wider risk management view.
This does not in anyway stop true lessons being learned and acted upon i manage safety on 31 sites all top tier COMAH or Nuclear sites where workforce participation is essential and we do not have any issues with engagement in fact the opposite. I have also worked in Mining, Quarrying and High Risk Logistics.
We also do not put the caveat on that I noted but again to re-iterate a point if some one asks for help we should try to give people a wide range of options that suit there personal organisation. We should be assisting and helping not making personally insulting comments.
It would be interesting to find out what level of risk you manage and indeed if you are a consultant.
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Rank: Super forum user
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There is an implicit requirement to at least take account of accidents in the ACOP to the Management regulations, paragraph 26. It is talking about reviewing and revising risk assessments and points out that an adverse event such as an accident or incident of ill health, or dangerous occurrence should trigger a review of the original risk assessment.
Note the legal status of an ACOP
'If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show thay you have complied with the law in some other way'
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Rank: Super forum user
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Oldroyed19659
"First of all its worth noting that there is no legal obligation to investigate any accident or incident , however before i get a post avalanche,"
It is not only safety practice that requires accidents to be taken account off, there is also the social security (claims and payments) regulations that require all accidents to be investigated.
With line managers and managers investigating accidents, then the H&S manager/advisor, can pick at random any investigation to see how well or poor the investigation has been conducted and if the recomendations are applicable. Delegation is part of management, if you can not trust managers to investigate, then how can you trust them to enforce basic safety issues that you ask of them.
It appears that it is not only the work force that require behavioural change.
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Rank: Super forum user
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It is my view that Regulation 5 of the Management Regs is the most relavant reference for the implicit duty to investigate accidents.
Regulation 5, under "Health and safety arrangements" requires employers to make and give effect for the effective planning, organisation, control, MONITORING and review of the preventive and protective measures.
The ACoP to regulation 5 in para 36 is explicit that under the heading of "MONITORING" there is adequate investigation of the immediate and underlying causes of incidents and accidents to ensure that remedial action is taken, lessons are learnt and longer term objectives are introduced.
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Rank: Super forum user
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Oldroyd,
We also use the OSHA recordable system for corporate reporting.
An OSHA lost time recordable is anything more than ONE working day, not including the day of the accident. It is not more than 3 days. The more than 3 days is RIDDOR.
OSHA has a "prescribed list" of what constitutes first aid. Any "treatment" beyond this list (if it does not go to restricted work injury or lost time injury) is "medical treatment".
The employee has a fundamental right to make an entry in the statutory accident book or its electronic equivalent under the relevant Social Security Regs. It is another matter how you run other internal corporate reporting systems.
Last, but not least, under the pre-action protocols etc, the defendant has to provide the information regarding the accident if there is a civil claim, albeit to the plaintiffs lawyer.
Going back to the original question, there is nothing explicit in law regarding who in particular in the employers undertaking should investigate, except broadly it is the "employer" --my reference to regulation 5 of the Management Regs.
It is good practice to train managers/supervisors/designated team to investigate accidents and you undertaking a facilitator/advisory role
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Rank: Forum user
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Jay
Forgive me if i feel that this is another pedantic reply to me trying to help someone
First point you are quite right regarding OSHA I should have put we use an "OSHA Derivitive" but would that really help a fellow practitioner who is looking for help to develop a policy - I think not - so a minimal overview was given.
Secondly - your absolutely right regarding the fact that all person have a right to put entries in the accident book - that does not mean that they have a right to put it in themselves - from a management perspective the book needs filling in to match the questions and there is no macheavelian reasons why the manager/supervisor or other trained or competent individual should not do this rather than the IP. What you get when you allow unfetted access is opinion rather than fact.
Third again you are correct regarding pre action protocols, these protocols actually apply to things that exist pre and post accident, and that relate to the accident but do not apply to anything that is written in defence of a claim such as a report undertaken by or for the solicitor/loss adjuster. This is none discloseable - There in lies the caveat that keeps it out of the pre action protocol arena. This does not stop the release to the plantiffs solicitors however it makes it harder for them to know if they are on a winner or not.
Finally I am actually new to posting and have found that people seem to revel (not yourself) in pulling apart peoples posts rather than trying to assist the person in the first place.
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Rank: Super forum user
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Oldroyd
With the greatest respect, your previous posts say you are new to the forum and people seem to revel in pulling apart peoples posts rather than trying to assist the person in the first place. Yet your post contains two criticisms, one regarding Jay's post 'OSHA deritive' and '...your absolutely right regarding the fact that all persons have a right to put entries in the accident book - that does not mean that they have a right to put it in themselves.' I would argue that this is not technically correct and in any case, it is being rather pedantic. Glasshouses spring to mind.
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Rank: Forum user
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rayrapp
Your right I have fallen into the eddy myself and done exactly what I criticised others for doing. The problem we all have as practitioners is the all the legislative frameworks we work to are open to interpretation and whether we like it or not we all interpret differently.
I recently became a Fellow and I think I just scraped in - one of the review panel rung me up and made several suggestions on how I could help others especially in the industry and one of the suggestions was taking active part in the discussion forums. I have a wider risk management role and tried to assist people from knowledge gained in Nuclear,oil,gas,petrochemical,mining,quarrying and other high hazard industries and it seemed some of my suggestions were taken as having a cover the back approach. This got me a bit hot under the collar given the pro active work we do but all this still has to wind back to the fact that HSE management is and should be part of a wider risk management approach. Just because a safety professional has an eye on claims management as well as proactive indicators does not mean that they do not care or that they are trying to cover their backs. In fact I have seen several pro active initiatives being rolled out as a result of latent analysis of claim data as well as data from pro active monitoring such as improvement observations. But it seemed to me that where you mention managing risk it fires up a maelstrom of derision.
Some of the suggestions were not procedures we use but if one profers advice it should be a 360 degree sweep with every conatation available surely - no matter if you agree or not.
I will take your wise council on board - as I have read many of your other posts and found all to be constructive- and try to get used to the flow of the posts, and ignore when criticised.
I will finally say that within the organisation which I work there is a large number of safety practitioners who do support and assist each other to mutually add value, it would be nice if the forums felt the same- why do you think it is that they seem to be a atmosphere of "one upmanship" permeating through some of the posts which I would say could prevent some people making a valuable contribution. As I say I only say this as a new contributor. The profession is hard enough without pecking at each other.
Anyway thanks for that.
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Rank: Super forum user
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Oldroyd
Welcome to the cauldron. You have taken my 'advice' in good spirit and as it was intended. You will find on these forums many diverse, conflicting and sometimes - agreement! There are some who like to assist, antagonise or humour, that is the nature of life and aptly reflected through these forums. Yes, there is some one upmanship, particularly from those who like to use academic pontification. Personally, I don't really mind too much as I can take it and give it back when inclined.
There is clearly more than one dimension to h&s (risk) management as you point out. Sometimes there can be a conflict between management and the shop floor, but as a rule the two are not so far removed. The practitioner needs to understand where that line is drawn. However, reality is socially constructed as opposed to being objective.
Incidentally, you mention about being becoming a fellow - congrats on your achievement. I look forward to some more meaningful debates and eulogies.
Ray
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Rank: Forum user
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Rayrapp
Thanks - I feel like I have found a friend and again you hit the nail on the head - one discussion you invariably have within an organisation and the HSE proffer for a robust safety management system is the "cost of accidents" - this would not just be made up of management cost to investigate but also the cost of compensation and the legal costs associated. (Please do not think that the human cost to the IP and family are lost either). However if we offer this as a reason we offer a solution - boards do not want problems they want a problem/solution.
Where you control access and functionally the accident investigation function this can allow you to not just gain improtant information that can be fed into the SMS but also let you decide at an early stage to settle genuine claims and give compensation (rightfully) to people who have been injured where your system has "swiss cheesed" and failed. However again it gives you an ability to identify any faulse claims.
A fundamental driver (not the only one) over the last ten years has been the no win no fee, and the effect this has had on the promulgation of safety management systems and the rise of our profession as value adding. It is therefore short sited of our profession to not utilise the reduction of insurance premiums for a company as an argument to the board to invest in competent HSE advice - I have slipped the E on as this is fast on the tails of the safety risk.
The moral of the story to newly starting practitioners has got to be take an holistic view and a risk based view to ensure when you ask for your resource you have all the information available to have a meaningful conversation with the provider of the resource. Whilst many many boards do put safety as a priority some have it down the list behind profit (that's life and that's where we come in as practitioners) so a wider approach can give you the information to engage and persuade in their terms.
We as practitioners would love to have every request for resource actioned immediately but in the real world we have to line up with finance, quality, HR, Engineering, Marketing - the list goes on. Therefore it becomes all about where you are on the cultural ladder one's organisation resides. If you are the top there is a lesser need for information right the way down to claims than if you are at the bottom.
I must also say that this posting seems to become quite addictive - I'll be tweeting next.
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