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Non-co-operation with accident/incident investigation
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Posted By Roger Bragg
An employee had an alleged accident in one of our offices. There were no witnesses. Subsequently, and since returning to work, the employee has ignored repeated requests to assist with the company's accident/incident investigation procedure. Surely it is a duty of all employees to co-operate in matters of health and safety? What is our position when faced with non-cooperation?
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Rank: Guest
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Posted By Darren (Daz) Fraser
Assuming you are UK based regarding legislation, but principle is applicable to anywhere
If they was away for more than 3 days, reported under RIDDOR you could try using HASWA 74 Sec 7 - co-operate with employer etc, but doubt you would get much joy.
Have you explained to the person concerned that the whole point of the investigation is to identify why the system went wrong / failed etc and is not about blaming someone.
If there is/was a blame culture in place then you are facing an uphill struggle, especially if in the past employees were fearful of losing money or job if they admitted they done something wrong.
Check with your HR department regarding any policies the company may have in place about co-operation.
Review your accident investiagtion policy in light of this, maybe adding that non co-operation with an accident investigation could/can/will result in an incomplete investigation.
If you are unionised, ask the TU rep to help you overcome this problem or lack of co-operation.
As the investigator you need to ensure that you secure the trust of all parties involved, employees - you are not going to stitch them up, managers - you will give a fair and unbiased account of what happened.
If you are required to provide any recommendations / measures etc, I would strongly advise against identifying discipline as an effective measure, as in the future if you need to carryout an investigation you will encounter a wall of silence.
If you contact me off forum, I may be able to provide some more information that may be of assistance.
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Posted By Anwar Afzal
Roger
Failure to co-operate is gross misconduct under health and safety, and discilinary proceedings should follow such situations.
I would complete a report highlighting such non compliance and forward it to HR for action
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Posted By Clare Gabriel
Just look forward to their claim coming in!!!! You have no evidence the accident happened and you have no documentation to assist further. We had such a case and the employee shot themselves in the foot when even their solicitor had to agree that if they do not co-operate then it is just one persons word it happened, and if there is no investigation how can it be proven!!!
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Posted By Lee Mac
Hi Roger,
I think if you explain their responsibilities with respect to their job and what will occur if they do not comply with such a request.
If not, put it in writing, you may need to rely on it at a later date if a claim does come in. As they say it's one persons word against anothers, so record all your instructions/requests with this individual in your diary and issue a letter to their home address and log this also.
Lee
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Rank: Guest
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Posted By Roger Bragg
Thanks everyone
I've made a note of everything and kept copies and details of email correspondence, etc. in the event of a claim.
I have contacted our HR department and they agree a letter to the home address is in order.
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Rank: Guest
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Posted By Bob Shillabeer
From you report I assume this was a lost time accident or was it taking a few days off and claiming it was because of an acident at work or possibly an accident outside work. What does his sick note say the injury was??? Does this fit with the work he was doing when the accident is supposed to have happened? You must do al you can to investigate the accident. If you cannot find any evidence the accident actually occurred, make a note of the findings and the fact the person involved has refused to make out any report or to submit any evidence. By doing this you will have a good case showing you did all you could to investigate the alleged accident and you should then be in the clear even if there was an incident your have been unable to confirm such an event did arise. BUT remember if you do suspect an accident did take place you need to find out if there is a risk of someone else being hurt. Try and get the person involved to understand that you are interested in preventing anyone else being hurt as well as finding out how this accident arose, plead to his better side.
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Rank: Guest
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Posted By Roger Bragg
You're right Bob it was a RIDDOR three-day case. No sick note has been produced - allegedly the fault of the postal service, strikes etc. HR are now involved.
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