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access to accident investigation information
Rank: Forum user
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Hi all - your advice on this would be appreciated.
Large company had accident. Ceiling part of fixed crane fell onto driver and cut his head. The company are trying to put the blame on a contractor who carried out some air con works - which did not involve tampering or disturbing the ceiling as the units are situated below the ceiling point. They are carrying out their own investigation interviewing staff etc. The contractor have not been advised of any information and are not allowed on site or access to any photos so they can put their own case. How do they stand on this???
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Rank: Super forum user
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If it ever goes to court, even in a civil case for damages, they will have to disclose everything. If the contractor is seriously worried they can put in a formal written request to the Health & Safety Manager or a Director. They may well be unaware of the situation however I suspect a cut is not worth the effort.
However there may well be vested interests manipulating and directing the investigation to either save face or avoid any criticism of their own actions. Unfortunately where this practise still goes the poor contractor can finds it impossible to do anything.
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Rank: Forum user
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Thanks Alfasev - thats very useful, it is only a cut as far as we know but the information is conflicting!
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Rank: Super forum user
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An all too common affair - sad to say. First, it's unlikely you can carry out a proper investigation without the assistance from the contractor i.e. injured party. Generally there is no legal duty to carry out an investigation so you do not have that to fall back on. That said, and assuming there is a CPP for the project written by the PC you may be able to extract something useful which may state...'all accidents with be thoroughly investigated' blah, blah. I would be tempted shame them by reminding them what they have written adding that a CPP is also a document required by law which can be used in evidence - or something to that effect.
Has the client any hands-on involvement or are they one of those inert entities?
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Rank: Forum user
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thanks RayRapp good point about the CPP.
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