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Accident Investigation - In-Depth - Croner-I
Accident Investigation - In-Depth - Croner-I
Summary
Investigation of workplace accidents and incidents is an essential part of the proactive management of health
and safety. Trend analysis of and accurate information about previous accidents and near misses helps in the
development of improvement objectives to prevent them recurring.
Health and Safety Executive inspectors (or local authority Environmental Health Officers, depending on
jurisdiction) may also carry out an investigation of an accident within their enforcement powers.
This topic discusses what should be investigated and how an investigation should be carried out, and by
whom. It also delves into causation and the necessary training required to ensure those investigating are
competent to do so.
Employers' Duties
There is no explicit legal duty to investigate accidents but certain regulations do imply the need to carry out
accident investigations.
The Social Security (Claims and Payments) Regulations 1987, as amended, require an employer to take
reasonable steps to investigate the circumstances of every accident that is reported.
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Employees' Duties
Employees have a duty to co-operate with employers to enable them to fulfil their statutory duties under
the Health and Safety at Work, etc Act 1974
(/reference-articles/law-and-guidance/legislation-tracker/health-and-safety-work-etc-act-1974-5#DCAM-234835).
This would include reporting:
dangerous occurrences
near misses and accidents whether or not they resulted in injury, damage or disease.
In Practice
Requirements for Investigation
Investigating the cause of accidents is good practice, even though this investigation is only required by a
limited selection of health and safety legislation.
The Health and Safety Executive (HSE) publishes guidance on accident investigation, HSG245 Investigating
Accidents and Incidents — A Workbook for Employers, Unions, Safety Representatives and Safety
Professionals (/topics/accident-investigation/indepth#DCAM-239009).
1. Gathering information.
2. Analysing information.
1. Immediate causes.
2. Underlying causes.
3. Root causes.
Legal Requirements
A number of statutory instruments place duties on certain sectors of industry to undertake accident
investigations in certain circumstances. These include:
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR), as it applies
to railways and mines and quarries
Where no special provision is made, any requirement to investigate accidents is therefore implicit.
The Safety Representatives and Safety Committees Regulations 1977 (as modified by the Management of
Health and Safety at Work Regulations 1999, regulations 7(1) and 8(1)) provide for safety representatives to
investigate potential hazards and dangerous occurrences and to examine the causes of accidents at the
workplace. While employers are required to assist the safety representatives undertaking this function they do
not have any duty imposed on themselves to investigate.
Death or other serious incidents in the workplace may be investigated by the police — in England and Wales
there is a protocol between the Crown Prosecution Service and the HSE. Similar arrangements exist in
Scotland, where the criminal justice system is administered differently.
An organisation’s procedures for accident investigation should include a procedure for deciding which
accidents will be investigated and which will not. It may be helpful for organisations to develop a simple “risk
matrix” (such as outlined in the HSE’s HSG245 Investigating Accidents: A Workbook for Employers, Unions,
Safety Representatives and Safety Professionals) to help decide which accidents should be investigated or at
least to help prioritise investigations.
Investigations should always take place for incidents arising in a high-risk environment where risk control
measures need to be robust. High risks may result from the use of equipment or plant, the use of hazardous
substances or work in certain places such as confined spaces.
It is important that near misses with the potential for injury are investigated. These are incidents where an
unplanned event occurs for which there is no resultant injury or damage, but the potential exists for harm to
result if the event occurred under different circumstances.
The time and effort put into the investigation may vary considerably according to the potential severity of injury
and/or damage. Significant incidents will usually require a written report although there may be no need to
document the results in very minor cases.
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There is a need for both managers and workers to understand why certain events and outcomes occurred,
even if the severity or consequences of the accident were comparatively minor on that occasion. This will aid
preventing a recurrence of such events.
Employers must be in a position to justify their assessments of risks and any action they have taken or intend
to take after an accident, including the review of any relevant risk assessment. This can only be achieved by
adequate and robust accident investigation.
Accidents cost money; understanding the causes of accidents can assist in preventing unnecessary loss as
well as providing cost-effective solutions.
Many events will have to be reported to the relevant authority under the provisions of RIDDOR. The existence
of a process of accident investigation will enable a better understanding of the events reported. This can
greatly assist in dealing with any enquiries made by the enforcement agencies or in any subsequent
investigation undertaken by an enforcing authority.
a better understanding of risk and provision of information for use in risk assessment
a powerful vehicle for motivating organisational learning and activating cultural change
a useful means of demonstrating the status of safety management in an organisation which in turn can
be used to assist in litigation claims and developing arguments for lowering insurance premiums
providing evidence of any discrepancy between what should be in place, eg safe systems of work
(/topics/safe-systems-work/quickfacts), and what is actually happening.
Cultural Aspects
At the cultural level, if the idea is held that accidents are always a result of negligence and that somebody (an
individual) is always to blame then the progress of the investigation and its outcomes will be limited. A positive
culture of enquiry and continual improvement is more likely to lead to frank and thorough approaches to
investigation.
selection and training of investigators, taking into account the need for workforce collaboration
assessing what should be investigated in terms of legal requirements and organisational needs
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establishing the arrangements for investigations as part of the health and safety policy, including
notification arrangements
the process for reporting and the on-going monitoring of the implementation of recommendations
(remedial treatment).
the responsibilities for accident investigation, including co-operation between various units of
management, as well as trade union safety representatives or other employee representatives (where
they exist)
the support in terms of resources, facilities and personnel that will be or can be made available — this
should include expert assistance where this is foreseeable
the competencies of those tasked with investigation, including training arrangements and skills
development
notification of next of kin, relatives, etc and the support arrangements for dealing with the more traumatic
events
dealing with the media and designating the individuals who should handle such enquiries
dealing with the enforcement authority, especially the identification of those persons with authority to
speak for the organisation and how this should be carried out.
Linking the policy requirements to the legal duties to report accidents under the provisions of RIDDOR will
ensure that, RIDDOR reportable events will be reported.
A team comprising safety practitioners and line managers will provide an adequate balance, providing they
have been suitably trained. It is also helpful to include those who can give practical expertise such as those
who routinely perform the work or processes.
In all cases, a properly trained safety professional can act as the focal point for the selection and direction of
investigation methods and processes. In addition, the skills and knowledge of specialist staff or consultants
may be used in the investigation process.
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At least one workforce representative should be involved in the investigation. The level of involvement of
various staff is often dependent upon the organisational arrangements, the type of incident and the potential
risk associated with the incident (eg injuries or damage that reasonably could have occurred).
Great care must be taken to ensure that investigators are not hampered or influenced by internal pressure
from within the management structure. Some organisations prefer to use outside consultants for this reason.
Staff at managerial When an incident occurs within the manager’s area of responsibility
level involving the failure of or damage to any part of the premises, plant,
equipment, tool or substance.
Specialists and When specific skills, specialist knowledge or experience are required to
consultants carry out an effective investigation.
Staff representative Any incident in which a member of staff that they represent is involved.
Investigations by Inspectors
An enforcement authority inspector may:
direct that the premises or any part of them, or anything on the premises, should be left undisturbed for
the purpose of any examination or investigation
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require any persons to give any information relevant to an investigation including giving a statement
which may later be used in legal proceedings
If an enforcement officer has carried out a separate accident investigation, it may be appropriate to let them
know the outcome of the company’s own investigation. However, legal advice should be sought before
disclosing this information.
Stages in an Investigation
There are various models which attempt to describe the stages of an accident investigation. They all have the
same principles and commence with the site of the accident itself.
Ensure the site of the accident or incident is safe for the investigation team.
Identify reference material such as procedural documents, training manuals, risk assessments, etc.
Interview witnesses.
Collate evidence and any other relevant information, eg maintenance records, training records.
photographs/video recordings
list of witnesses
measure distances/sizes
procedures
manufacturer's/supplier's information
maintenance/service records
risk assessments.
3. Interview arrangements:
venue
time/schedule
take statements.
4. Administration backup:
control documents
list witnesses/statements
maintain file
notification.
Evidence collection
It is vital that the scene of an accident is left undisturbed (once any significant residual risks have been
controlled) until the investigation has been completed or at least until all the physical evidence has been
gathered and accurately recorded.
The earlier an investigation begins, the less chance there is of evidence being destroyed and the scene of the
accident being disturbed. It will not always be possible to interview all witnesses immediately after an event,
but there is great merit in completing the information-gathering process as soon as possible after an accident
has taken place.
When deciding on the amount of resources to commit to any investigation, it is helpful at an early stage to
review the relevant risk assessments in the light of the accident or incident. For example, it may be quite
apparent which risk factors within the earlier assessment should be focused on in any further investigation, or
the discovery of a mistake in the assessment may save time in investigating why certain measures had failed.
The investigator(s) should keep an open mind and not be unduly influenced by what should have happened as
it is important to determine what actually happened. It is important to remember that apportioning blame is not
an objective of the investigation. This may arise as part of the investigation findings, but should not be
emphasised at this stage.
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For reasons of safety, only the absolute minimum number of people should be allowed into the accident scene
area. They must be made aware of the unique circumstances that exist during the very important period of time
immediately after the occurrence of an accident.
Witnesses
Anyone who has seen or partly seen the events leading up to or taking place during the accident should be
interviewed to determine what they saw and/or heard. Wherever possible, the investigation method should
provide for confirmation of any evidence — especially any human witness evidence received.
It is useful to use a plan or outline of the area and equipment, etc involved, as well as any available
photographs to prompt the memory processes and assist in locating the evidence both spatially and
temporally.
Witnesses should be handled with care. If traumatised by the incident, it is generally better to obtain just
overview impressions early on, eg by asking witnesses to briefly write down where they were and what they
were doing at the time of the event. They can then be interviewed in depth later on when they have had time to
adjust to the circumstances and reflect on the situation.
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Information required
The information required during an accident investigation will include:
working conditions at the time of the incident (eg ground conditions, weather, lighting and heating)
organisational arrangements such as supervision, staff training and work demands (eg production
targets)
interview the injured person, witnesses or others who may have relevant information.
Photographs, videos, sketches and plans are a useful method of recording the physical evidence and
conditions at the location. Samples may also be taken and equipment removed for further investigation and
examination.
Detailed photographs, technical reports and sample examinations may be required and prove useful at a later
stage in the investigation. Expert assistance may be required for this.
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When such examinations are undertaken, it is important to advise the supplier/manufacturer of the details of
the examination and invite them to observe this if they so wish. At all times the liabilities of suppliers and
manufacturers must be considered.
This has an important bearing on any action that might subsequently be taken for breaches of contract or third-
party actions.
a good understanding of the sequence of events and circumstances involved in the accident
Before being able to say what caused any accident or what gave rise to the circumstances in which an
accident occurred, it is necessary to know, as far as possible, the sequence of events leading up to and
including the observable outcome(s). This is regardless of whether the outcome was a minor injury, a major
injury or a fatality.
In fairly simple accidents, the sequence may be derived from the collation of witness statements and writing
down a commentary of the accident events as if replaying them. For anything more than the simple cases it is
important to have a rigorous methodology to analyse the sequence of events. Information obtained in any
investigation may sometimes be contradictory, the observations of witnesses are subject to vagaries and
inconsistencies and the information provided must be checked and cross referenced for verification wherever
possible.
A method based on sequential timed event plotting (STEP) for devising a sequence of events may be helpful to
investigators. A timeline is constructed which “maps” the sequence of events, from a point prior to the accident
to a point considered by the investigator to be the last evidence necessary to explain the events which have
occurred.
A plot is made listing all the witnesses and “players” in the accident down the side. Across the top, the times at
which various events occurred or were seen are listed in sequence. This type of event plotting not only assists
in determining a clear picture of the sequence but also provides a means of ascertaining corroboration of
evidence and the identification of further areas for investigation.
Drawing Conclusions
The major purpose of accident investigation is to establish what has happened in order to reduce the risk of
recurrence. The conclusions arising from any accident investigation must be presented in a form which allows
management to create appropriate action plans.
In drawing conclusions, the apportioning of blame should be avoided. The results of investigations should
solely be to create opportunities for prevention and identify causes for which a solution can be found. Reports
and their conclusions should be concise, clear and relevant.
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One particular conclusion that must be drawn is the underlying, or root cause of the incident. The HSE has
published a comprehensive literature review on the use of root cause analysis techniques — Contract
Research Report CRR325/2001 Root Causes Analysis: Literature Review. The report outlines the principles,
structure and application of each identified technique and groups these into classes.
Investigation Documentation
During any investigation, it is important to have adequate administration procedures in place that can keep
control of any documentation produced. This will include witness statements, information on items of plant and
equipment, etc and any communication with employee safety representatives and enforcement officers. It is
also important to keep track of any briefings held with senior managers and any details provided to the press
and other outside bodies.
The continuity of evidence is maintained if a written statement is provided each time an item of evidence is
collected or passed from one person to another, eg an item of equipment given to a specialist technical
examiner.
Relevant documentation
There are many pieces of documentation that may be helpful in accident investigations and these may include
the following.
Risk assessments of the work carried out at the time of the accident.
Any special arrangements in place, such as permits to work or emergency safety procedures.
Commissioning, repair and maintenance records for any machinery or equipment being used at the time
of the accident.
Personal records for the individuals involved, such as health, discipline, etc.
Telephone records (where available) indicating calls made from particular extensions (especially useful
to establish the time the accident was reported).
Investigation Interviews
Interviews should be conducted in a very positive manner with utmost care for the witness, especially where
they may have been traumatised by the event.
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It is best to start by allowing the witness to describe events as they remember them before asking questions.
Questioning should be “open” so as to assist the witnesses to give their evidence. Leading questions should
be avoided. It does not necessarily matter that facts are given out of sequence providing that the sequence
itself can be pieced together. It is generally better to let witnesses tell their own story assisted by questions,
such as:
Interviews should be conducted separately and as privately as possible. Interviews should be held as soon as
is practicable after the event being investigated. It may be useful to have available photographs/sketches of
the scene so that witnesses can relate themselves to it and locate themselves with respect to the accident and
the events.
The interviewer must bear in mind that not all witnesses will have an accurate memory of the incident or be
helpful and co-operative. Some may be hostile, and deliberately misleading. Some may be trying to pursue a
false claim or be attempting to cover up their own actions involved in the accident or be worried that they are
getting a colleague in trouble. Those being interviewed may wish to be accompanied by a colleague or
representative and this should be permitted.
When performing an investigation interview, the following three guiding principles should be followed.
1. Be sure of the purpose of the interview. When interviewing an individual, determine what aspects of the
investigation they will be able to assist with and structure the interview questions to ensure that the
nature and amount of information they provide is relevant.
2. Keep an open mind. Assumptions as to the cause of any accident should be avoided.
3. Get the person to talk. The interviewer must appreciate the pressures that they may feel during a formal
interview.
show concern
explain clearly to the witness the nature and purpose of the interview
establish the facts surrounding the accident, for example find out:
start the questioning with a general, easy, open question (eg “Please could you tell me what happened
on the day of the accident?”)
follow up by asking a more detailed question relating to a specific part of the answer (eg “Could you tell
me a little more about the way the machinery in question functions?”)
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probe the answer to check factual details (eg “So was the noise that you describe normal?”)
then ask more about specific detail (eg “Was the guard fitted to the machine?”)
summarise and seek agreement (eg “So it was normal for two people to operate the machine, but on
that day you were on your own, the machine started making a funny noise and one of the guards was
missing — is that right?”)
explain when closing that the witness can come back to the investigator if they think of any further
information, and that investigators may need to go back to cross check information with the witness from
other sources
close on a positive note by thanking any witness for their time and help.
Statements should be signed by the witness with the date and time of the interview included.
According to the HSE, immediate causes can be placed into four sectors as follows:
1. Place or premises where the incident occurred. Causes under this heading will include:
workplaces that are unsuitable (eg due to lack of space) or are being used incorrectly
2. Plant, equipment and substances. Causes under this heading will include:
Secondary causes
Underlying causes are the unsafe acts or conditions that lead directly to each immediate cause and are
sometimes called the secondary causes. These can be grouped under the following headings.
1. Control
2. Co-operation
Were staff and their representatives involved in ensuring health and safety?
3. Communication
4. Competence
5. Design
Were the workplace, equipment and controls well designed and set out properly?
6. Implementation
Were there adequate means to report defects, near-misses, safety concerns, etc?
Root causes
The root causes relate to organisational and management control of health and safety; these allow the
underlying and immediate causes to occur. Common examples are:
poor communication
It is vital to drill down to identify root causes during an investigation, because if corrective actions can be
effectively implemented, these are likely to reduce the risk of future harm throughout the organisation.
Identifying causes
Causes are identified when an analysis of the accident is made using a number of available methods to
ascertain the various factors involved. A good understanding of the sequence of events and an overview of all
the evidence is necessary for success. The causes of an accident will include immediate, underlying and root
causes. The extent to which these are analysed will depend both on the experience and skills of the
investigator, as well as the policy and approach adopted by the organisation. It is essential that the
root/underlying causes of the incident are identified and dealt with otherwise it is likely that the immediate
causes will reoccur in the future.
The investigation report supplements this, although the amount of detail required in a report depends upon the
severity or potential severity of the outcome, and the use made of the investigation and report.
supporting material (copies of witness statements and interviews, photographs and sketches)
Additional information may be requested to facilitate notifications within and outside the company (eg relatives,
the HSE, insurers and, if applicable, the police).
The results of the investigation should be widely circulated (taking into account the General Data Protection
Regulation) to ensure that there is no risk of a recurrence of a similar incident in other areas of the operation.
Copies of the investigation findings may need to be circulated to a number of different parties as follows:
managers, supervisors, employees and other departments who have similar equipment or processes
maintenance or engineering departments who may have to carry out repairs and/or modifications
planning or production control departments who may have to change job instruction or control
documentation
the safety department for inclusion in statistical reports and review of safety procedures
the department responsible for keeping incident records, completing statutory reports and notifying the
organisation’s insurers
In the main, the findings will be communicated in writing but in certain cases it can be verbal, ie briefings for all
other employees.
It is recommended that the accident report and investigations should be kept for at least 3 years or, if exposure
to substances has occurred, for at least 40 years.
When remedial action is required to prevent recurrence, staff should be fully consulted on any issues that will
impact on the activities taking place. Information, instruction and training in any additional control measures,
systems of work or protective equipment will have to be considered, along with the potential costs of the
remedial action.
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It is essential that progress on the identified remedies is closely monitored to ensure that they do not get
unnecessarily delayed or even forgotten. There should be a follow-up review to ensure that the actions taken
are effective and do not create other unforeseen hazards.
Management Monitoring
Senior managers should monitor the accident and incident investigation procedures. In particular they should:
receive regular reports the progress of remedial action s following investigation report recommendations
review “trend analysis” of previous accidents/incidents that may highlight the need for wider systemic
changes
ensure that investigation procedures are subject to necessary audits and reviews.
Training
It is important that any investigator should be well trained and have sufficient authority to be able to undertake
investigations.
As a minimum, this training should address the principles of investigation and provide skills in both the
methodologies and the techniques of investigation.
The training provided to those who will carry out an investigation should cover:
interview techniques
the main theories of accident causation and an understanding of basic, underlying and root causes of
accidents
report-writing techniques.
A record of staff who are trained to carry out accident investigations should be maintained.
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Further Information
Publications
HSE Publications
The following are available from the HSE website (http://www.hse.gov.uk).
HSG245 Investigating Accidents and Incidents: A Workbook for Employers, Unions, Safety
Representatives and Safety Professionals (https://app.croneri.co.uk/system/files/hsop-hsg_0245_23192.pdf)
L146 Consulting Workers on Health and Safety. Safety Representatives and Safety Committees
Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations
1996 (as amended). Approved Code of Practice and Guidance
(http://www.hse.gov.uk/pUbns/priced/l146.pdf)
Other Publications
Civil Procedure Rules, Ministry of Justice
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Guidance on Investigating and Analysing Human and Organisational Factors Aspects of Incidents and
Accidents, Energy Institute
BS 45002-3 Occupational Health and Safety Management Systems — General Guidelines for the
Application of ISO 45001. Part 3: Guidance on Incident Investigation
Organisations
Health and Safety Executive (HSE)
http://www.hse.gov.uk (http://www.hse.gov.uk)
The HSE is responsible for the regulation of the risks to health and safety arising from work activity in
England, Scotland and Wales, except in certain businesses (regarded as lower risk), which are the
responsibility of local authorities. Its roles are to prevent work-related death, injury or ill health.
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Summary
Employers' Duties
Employees' Duties
In Practice
Investigations by Inspectors
Stages in an Investigation
Drawing Conclusions
Investigation Documentation
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