Posted By Charles
An accident has been defined as anything that happens by chance without an apparent cause or a mishap; especially one causing injury or death. If we get to grips with an accident we see that it is usually very complex. It may have 10 or more events that can be causes. Therefore, it is imperative that a detailed analysis of an accident takes place. It will normally reveal just three causes i.e. basic, indirect and direct causes. At the lowest level, an accident results only when a person or object receives an amount of energy or hazardous material that cannot be absorbed safely. This energy or hazardous material is the DIRECT CAUSE of the accident. The direct cause is usually the result of one or more unsafe acts or unsafe conditions, or both. Unsafe acts and conditions are the INDIRECT CAUSE or symptoms. In turn, indirect causes are usually traceable to poor management policies and decisions, or to personal or environmental factors. These are the BASIC CAUSES.

But, in spite of their complexity, most accidents are preventable by eliminating one or more causes. Accident investigations determine not only what happened but also how and why. The information gained from these investigations can prevent recurrences of similar or perhaps more disastrous accidents. Accident investigators are interested in each event as well as in the sequence of events that led to an accident. The accident type is also important. The recurrence of a particular type or those with a common cause shows areas needing special accident prevention emphasis.

But then do you have control of situations beyond your particular working parameter (environment) i.e. responsible for other people’s acts. If you assess the situation and implement all the necessary control measures to ensure a safe and free working environment and then if someone slips through and meets with an accident … is it your fault?

If appropriate danger notices/signs have been erected, employees advised and trained, equipment used correctly, adjusted and made safe but someone still manages to break through your stringent safety net … whose’ to blame for the incident?

Is it your man in charge (the boss/commander), your immediate supervisor (or supervisor on the day) or all who were on the site or is it you who is at fault as it was your equipment that caused the accident?

Should you preconceive the possibility of any dangerous situation arising out of your control, at all costs! But in all honesty you applied your mind as far as reasonable practicable and yet there was an accident.

Should the injured be held responsible for irresponsible for their behaviour for not heading to the unsafe environment knowing very well that the environment was truly unsafe and clearly visible and obvious to the ear?

Where is the BURDEN OF PROOF? The negligent act or omission (cause and effect) of the company actually caused the injury. I am sure that the consensus of minds (legal) there is no case to decide "on the balance of probabilities" or for that matter can we say beyond reasonable doubt that the company was negligent.

Comments please …

Posted By Brett Day

Charles

Have a look at this website, there are a variety of articles on accident causation and investigation, have doen the course and found it to be very worthwhile.

http://topset.biz/home.asp

Brett