Accident Investigation

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Accident investigation presentation.

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  • Personal Injury Investigation and Transportation ClaimsPresented by The Office of Risk ManagementLoss Prevention Unit

  • Course ObjectivesDetermine when to conduct an investigation.Understand the steps in investigating an incident/accident.Identify the actual root cause and contributing factors.Properly complete the investigation report. Implementation of this process w/in state agencies, so as to comply with ORM requirements.

  • What Should You Investigate?All job-related accidents (injury and/or property damage)All job-related incidents (could have caused injury and/or property damage) involving: Employees Clients/visitors Property

  • Purpose of Investigation

    Document facts/findings at the scene

    Determine the cause

    Implement corrective action to prevent future occurrence

  • Written Plan Have a written plan in place with procedures for responding to, reporting, and investigating accidents/incidents, including property damage.

  • TrainingEnsure all employees receive training on the Plan and reporting/investigation procedures.

    Acclimate all employees to IMMEDIATELY report ALL accidents/incidents, including property damage, to the appropriate personnel.

    Assure that those responsible for investigations obtain the necessary specialized training.

  • The Plan Should Address:1. Preservation of life (obtaining medical care)2. Who to report accidents & incidents to 3. Securing the accident scene4. Proper gathering of information5. Identifying corrective measures and tools Implementation of controls Timely ORM claims reporting

  • The Plan Should Address:Who conducts the investigationWhich form to complete for which type of incident/accident10. Who will review the form for completeness and accuracy11. To whom are the forms sent to upon completion

  • Preservation of lifeRemove/neutralize hazards if possible (Ex: Gas Leak)

    Remove the injured from the hazard

    Provide medical treatment

  • Report the AccidentFollow the agencys accident reporting/investigation procedures. Whom to reportHow soon to reportMethod of reportingWho conducts investigation

  • Steps of an Investigation

  • Secure Accident SceneControl access to the scene--Use barriers to limit entryUse people to stand guard, if possibleDo NOT adjust or modify the scene *Exception: Removal of victims

  • Gathering InformationWHO?

    WHAT?WHEN?WHERE?WHY?

    HOW?Questions to Ask

  • Gathering InformationView accident scene promptly (Conditions can change)Provide a clear description of the incident/accidentProvide a clear description of the locationTake photographsKeep log sheet of photos takenIndicate direction of view

  • Gathering Information contCollect any items associated with incident/accidentLabel and secure itemsTake measurements of pertinent itemsChanges in elevationRelevant distancesSize of equipment

  • Gathering Information contIdentify witnessesName, contact numbers, and home addressGet written statement (signed and dated)What they actually saw or heardConduct InterviewsDocument any verbal informationClarify reported information

  • Identify Corrective Measures & Tools: Root Cause Analysis

    N/A

    is normally NOT applicableUnsafe Act

    Unsafe Condition

    Contributing Factors

  • Definitions Unsafe Act A behavioral departure from an accepted, normal, or correct procedure or practice--which has produced injury or property damage or has the potential for doing so; an unnecessary exposure to a hazard; conduct that reduces the degree of safety normally present in an activity.

  • Definitions Unsafe Condition Any physical state which deviates from that which is acceptable, normal, or correct as regards past or potential future production of injury/illness and property damage; any physical state which reduces the degree of safety.

  • Contributing Factors

    Uncontrollable EventsNatureAnimals/wildlifeOther people

  • Corrective Measures & ToolsJob Safety AnalysisReview/Revise/Devise policies, procedures, or rulesEnforce policies, procedures, or rulesProvide training to employeesProvide refresher trainingPromote employee participationEnsure safe work conditionsEnsure proper job placement of employees (re: physical limitations)

  • Corrective Measures contdWorkplace provisions:PURCHASE NEW TOOLS & EQUIPMENTREDESIGN THE WORK AREAIMPROVE HOUSEKEEPINGINSTALL WARNING DEVICEADD TO EXISTING SIGNAGEREMOVE BROKEN EQUIPMENT OR TOOLSIMPROVE LIGHTINGIMPROVE VENTILATIONLIMIT ACCESS

  • IMPLEMENT CONTROLSMake provisions for each selected means of controlFollow-up and re-evaluate to determine effectivenessHas any similar incidents/accidents recurred?Has the severity of the incidents/accidents declined?

  • ReportsSpecify in the accident investigation plan What reports are necessary Who completes the reports & is designated to review for accuracyTimeline for submitting reports & to whom

  • DA 2000

  • E1

    OR

    1ST REPORT OF INJURY

  • DA 3000

  • Submitting Claim Formshttp://www.state.la.us/orm/claims.htmSTARS

  • Transportation ClaimsThe DA 2041 form is due 48 hours after the accident. You may fax it to ORM at 225/342-4470 or email it to [email protected]. This form can be found on our website: www.doa.louisiana.gov/orm/formsCR.htm If a third party contacts your office on a State auto claim, tell them to call 225/342-6031.

  • On Scene Investigation The following are the steps in conducting a general on-scene investigation:

    Identify yourself to the investigating officer. Ask for permission to conduct your investigation. Stay out of the officers way.

  • On Scene InvestigationMake a record of :1. Officers name2. Badge number3. Phone number (accident record dept.)4. Official report number (if available now)

  • On Scene Investigation contd Secure 35 mm or digital color photos before the vehicles are moved. (Quality and composition are very important. Clear focus, lighting, speed of film and weather can all affect the quality of the photos)

  • On Scene Investigation contdDocument pertinent information:Position of vehiclesPoints of impactDebris from the accident (ex.Glass, fluids, etc.)Speed signsObstructions to drivers or witnesses viewSkid marksGouge or breakdown marksGaps in skids

  • Scene Diagram Complete a scene diagram. You, the investigator, prepare the diagram. It is based on all the objective, factual evidence acquired during the scene investigation. This diagram represents your opinion of how the accident happened.

  • Post-TestWhat is the difference between an unsafe act and an unsafe condition?Who is authorized to do accident investigations at your location?What is an incident?Who completes the accident investigation report at your location?

  • Any Questions?Thank you for attending!!!

    Introduce yourself and give a brief overview of the class.Point out the location of restrooms, fire exits, smoking locations, refreshments for those not familiar.Request that everyone silence pagers and cell phones.Emphasize that the proper investigation of accidents is crucial to preventing future accidents. You can also remind the class that incident/accident investigation is a requirement by the Office of Risk Management.Remind them if If they have any questions as we are going through the presentation, please speak up. Accidents-an unplanned event(s) that caused personal injury and/or property damageIncidents- an unplanned event(s) that could have caused personal injury and/or property damage.All accidents with or without injury, incidents (or near misses), and any property damage situations must be investigated no matter who they involve whether employee, visitors, or clients. If you are unsure if something should be investigated or not, its best to be on the safe side and investigate it.

    Examples would include but not limited toPatient in chair faints in waiting room, yes completeTree limb falls on patients car, yes completeVisitor trips and falls, yes complete

    Make sure you never say to anyone that the state will take care of it or the state will pay for it. Saying anything like that puts the agency/state in a liable condition.When determining the cause, you want to find out the facts.you are NOT trying to find fault or place blame.The primary cause for investigating an accident is to PREVENT recurrence of a similar incident/accident. You want to make sure corrective action is appropriate and effective (document if the situation merits). Some ask why investigate an incident and the answer is simple. If something happened and no on was injured and/or property was not damaged, how can we prevent it from happening again (and maybe this time with serious injuries) if we do not know about it and/or do not know what caused it. Preventing further incidents/accidents helps to reduce the agencys costs.WHY DOCUMENT? If this becomes a claim/lawsuit, you need the evidence to fight liability. Documentation should always be looked at as court worthy. Ask yourself or your LPO, would a judge accept this?

    **REMEMBER**as you are investigating DO NOT admit liability or look for blame!!!!!

    ORM requires each agency to have a written incident/accident investigation plan. This plan needs to include step by step procedures for responding, investigating & reporting incidents/accidents for both employees and non-employees (visitors, clients) and property. Everything needs to be investigated.Your employees need training in your agencys incident/accident investigation plan. If the employees are not trained on the procedures how will they know how and to whom to report.

    You should train your employees to report ALL incidents (near misses), accidents, etc. Make sure this is reinforced during new hire orientation and safety meetings. All employees need to be aware that failing to report is grounds for disciplinary action.

    You need to ensure that the person(s) responsible for the investigation, is trained to do so. If you are not trained on how to conduct an investigation then you cannot conduct a thorough investigation.The next few slides go through these areas that should be addressed in your investigation plan/procedures.

    The next few slides go through these areas that should be addressed in your investigation plan/procedures.

    Remove the hazard or at a minimum block anyones admittance to the area to prevent further injuries. If temporary measures are taken ensure the permanent measures are implemented as soon as possible.Remove the injured but only when no one else is put at risk. If need professional help get it! Call 911 if necessary.Each agency is required by ORM to post the following information:Emergency numbers including your certified First Responders if requiredKnow where your first aid kits are. Make sure they are:Readily available Appropriate for the workplace Stocked Materials are not expired

    Plan needs to state: (If injured ee, must report to ORM within 5 days-for workers comp-state law)-To whom to report the incident/accident, following the chain of command/could be more than one person, or it is one person and that person is responsible for reporting to others. Could be employee responsible for reporting to someone and then that person responsible for reporting to others. Examples- department head, agency head, departmental safety coordinator, safety officer, supervisor, safety committee, supervisor, ORM Loss Prevention Officer-How soon to report/or how long you have to report the incident/accident. Immediately, end of shift, 24 hours. Suggest not using as soon as possible because might use the excuse well this was a soon as I could and it is 5 days after the fact. Set a certain time limit in plan. Tell your employees what your plan says.-Method of notification- might be different for different severities of incident/accidents. Might be verbal with written follow-up, just written, or phone call with written follow-up, by email, etc.-Who conducts the investigation once the incident/accident has been reported. Supervisor, safety officer, what does your plan state?Definition:Investigation: [n] the work of inquiring into something thoroughly and systematically REMEMBER YOU ARE FACT FINDING, NOT FAULT FINDING!!!Includes:Secure the SceneGather information, data, measurements, photos, statements, etc.Identify unsafe act/condition/contributory factors for Root Cause AnalysisDetermine preventive measures and tools for short & long term preventionIf people walk through the scene it changes the conditions or they might pick up something that is important. THINK CSI!!!It is a good idea to have an accident investigation kit that includes:CameraTape MeasureGlovesAccident investigation forms (DA 2000, DA 3000, DA 2041)Note pad/PensCopy of the agencys accident investigation procedureList of emergency numbers

    When asking the questions again remember, you are on a fact finding mission.We want to find the primary root cause of the incident/accident to prevent it from happening again.You want as specific & detailed an answer as possible for each question that is applicable.1. Go to the scene as soon as possible. Conditions change as mentioned before. Example is lighting might change due to time of day. Might even need to go back at the same time of day the next day to see if there was anything different or if after dark were all the sensor lights working? EX: Some traffic signals cannot be seen when the sun is behind it just right (I witnessed an accident because of this). What were the conditions before, during, and after the accident?2. Need to get a clear concise description of the incident/accident. Does tripped and fell tell me anything? What were you doing, carrying anything, someone blow a horn and scare you, squirrel ran over your feet, fell on hands, face, knees, bootie? Get the most complete description that you can.3. Description should be concise enough that someone else could go back and find the location of the incident/accident again if needed. Does parking lot give me a good location? State landmark or measurements from landmarks so the area can be located.Take photos of the incident/accident scene. Keep a log as you are taking them so you do not have to try and figure out what something is when you get back and print the pictures. Take photos from different directions and note the direction of the view taken.Any items related to the incident/accident should be preserved. Might be needed at a later date. The item should be labeled as to what it is, what incident/accident related too, (labeled do not throw away) and stored in a secure location. Make sure you note in incident/accident report that the item is stored. Examples could be a chair or bench that someone fell out of because it broke for some reason. I had a person that hot oil blew onto his face & ear due to a defective pump. When I tried to recover the pump so we could subrogate the claim, they had thrown it away. We could not collect on the losses we paid.

    Measurements should be taken if relevant. Distances, heights, elevation changes, lengths of items, etc. EX: cracks in sidewalk, potholes in parking lot, depth of stepsYou should interview witnesses (separate witnesses) as soon as the accident scene is secure & before the witnesses leave the accident scene. Include all staff that may have witnessed the accident/incident (including management) as well as the emergency response personnel. Also if clients/visitors will give statements get those also.Get the witnesses to write their own statements and sign and date them, then you can interview them to fill in the blanks using the following tips. Make sure get name and contact information including addresses since phone can change so easily.Witness interview tips:Select an appropriate location preferably free of distractions/interruptions. Keep witnesses separate. Take notes (try to record exact wording) Explain the purpose of the investigation (reassure that you are not trying to place blame) Make sure you do not prompt or lead the witness. Be a good listener do not interrupt witnesses. Ask questions Who, What, Where, and How Caution the witness not to guess. Open ended questions. Be good listener-dont interrupt.Encourage them to write it out in their own words then you fill in the details with questions Give full attention to the witness Assume nothing Show courtesy and patience In order to prevent future accidents we determine the root cause analysis which is composed of: Unsafe Act & Why was the act committedUnsafe Condition & Why did condition existContributing factorsThen determine:Immediate action take to prevent reoccurrenceLong range action to be takenWhat additional assistance is needed to prevent recurrences*well go into more detail in the following slides*Very important to identify so can prevent recurrence.Basically: Its a behavior, action or non-action by an individual.Examples of unsafe acts:Not using ppe Operating machinery and equipment without qualifications or authorization Operating equipment at unsafe speeds Bypass or removal of safety devices Not following procedures Under influence of drugs or alcoholUsing tools/equipment that is not suitable for the task (standing on a rolling chair to change the clock time, using a knife as a screwdriver)Failing to warn others of danger Yanking electrical cords unplugged from a distance, which could damage electrical components.Neglecting to clear the work area of excess rubble and clutter that may create trip hazards.Pushing yourself too hard by lifting too much or doing too much work.

    Physical location/equipment/surrounding factors (The Environment around you)Examples of Unsafe Conditions:wet or slippery floors Defective or broken tools, equipment, or suppliespoor housekeeping/storage poor ventilation cluttered hallways, stairs, exits, and entrances defective electric wiring, lighting or outlets Inadequate guards on machinery and equipment congestion of the work place Fire and explosion hazardsNo training on how to use ppe/equipment/tools exposure to harmful chemicals or biological agents improper storage or disposal of materials and tools Inadequate or no warning signs No policy or procedure in place

    These are things you cannot control, it was not the action of the person injured or the physical/cultural environment. Nature---Rain, lightening, tornado, icy conditionsAnimals---deer, dogs, squirrels, buzzards (I hit one in the state car)Other people---a vehicle incident where someone else hit you, another person attacked you/startled you, supervisor demands overtime with no breaks and you are fatigued and your mental awareness is unsafe for the work, These are areas/items that can be used to prevent incident/accidents. These are basically administrative.1.JSAs-the development and proper use of with employees2. Ensure policies, procedures, rules are develop to provide instruction and revise them as needed. Make sure policies/procedures include provisions for discipline if policies/procedures are not followed.3. Enforce the policies, procedures, rules that are develop. If not enforced do not help protect the employees or the agency.4. Obtain additional training when needed even if needed from an outside source.5. Train your employees -new employees, on new equipment, new procedures, change in procedures, or when employees are observed not following correct procedures.6. Encourage the employees do the right thing. Tell them why it is a good thing, praise them for doing the correct thing.7. Ensure that the work conditions are safe, if not make sure you get corrected. If management does not show interest in doing its tasks in the correct manner do you think the employees will care.8.As stated.These are basically physical items.When tools worn out/broken replace them.Redesign the work area to reduce hazards. Example is put a hazardous job in an out of the way location in shop to reduce the amount of traffic through the area while the task is performed.Clutter always causes problems, tripping hazards for one, fire prevention, and an added benefit is you can find something when you look for it.As statedEnsure the proper signs are posted. Just dont over do so employees are desensitized to posted notices.Remove from service and throw away or lock up where cannot be gotten and used anyway.Better lighting and ventilationLimit the number and people that go through an area, especially hazardous areas.Ensure that there are methods to implement the controls that are selected. A method of control is only effective if it is put into effect.After method is implemented follow-up later to ensure that the control is producing the desired effect. Has it helped prevent any further incidents/accidents or reduced the severity of the ones that did occur. If the control is not working you need to re-evaluate the situation and determine if another method needs to be put into effect or if changes need to be made the to current one being used.We want to prevent any further incidents/accidents or at a minimum reduce the severity.If the JSA was inadequate and it was revised, check to see if ees are following new procedure, if requested a safety meeting held on accidentfollow up & make sure it was held, if need new equipment check to see if bids are being obtained & equipment purchased, etc.Do not put report in a file & wait for LPO to review during audit. Someone needs to follow up that corrective action was taken as recommended in the report and is it working.

    The agencys plan needs to specify the reports that are to be completed. The DA2000 SHALL be completed for employees only. The DA 3000 SHALL be completed for clients/visitors, DA2041 for vehicle accidents within 48 hours, E-1 for accidents with injuries are to be submitted to workers comp within 5 days.Plan needs to state who is responsible for completing the reports or even if different sections are to be completed by different individuals. Who reviews for completeness and accuracy.Timeline for when & who reports are to be submitted to (Safety coordinator, HR, ORM, STARS) . Is there more than one person or do you submit them to a certain individual and the individual is responsible for making copies and distributing to other individuals (need to know)

    Handout copies of DA 2000 & DA 3000. Go over new DA 2000 should be completed for all incident/accidents regardless of whether there was injury or property damage. Remember if we know about incidents maybe we can prevent them from becoming accidents. Discuss each area to be completed and new root cause analysis section. 1st page is general information-but important.Page 2 is Management section with the root cause analysis is a major function of the LP program. Without determining the cause of the incident/accident, future accidents/claims cannot be prevented. -The unsafe act, unsafe condition, and contributing factors must be determined if future incident/accidents are to be prevented. You could have just an unsafe act or unsafe condition or you could have both. There could be contributing factors and again there might not be any.-the why was act committed (if have unsafe act then must answer why was act committed) and why did condition exist (if have unsafe condition then must answer why did condition exist) can help with determining the root cause-example where not wearing safety glasses was the unsafe act and the reason why act was committed is because the glasses fog up. You would then need to look into why the glasses fog up and determine a solution for this.-the action lines help document what action was taken to prevent future problems.Contact your LPO or the Baton Rouge office if you need help to investigate or complete the root cause analysis section.You might not be the one to complete this form, but it should be done whenan employee needs medical after an incident/accident. This report must be turned in through STARS, either by you or your HQ. This report must be completed and turned into the ORM Workers Comp Claim unit within 5 days of the injury or 1st report of medical attention. This is completed anytime there is an injury with medical costs and/or time off.

    Even if this report is completed, the DA 2000 must still be filled out for investigative purposes and determining the root cause of the accident.New DA 3000 shall be used for all visitors and clients when they claim something has happened at our state locations. Complete this form and keep on file at your site. If a claim is filed to ORM by the visitor/client, General Liability will contact you for this form. It can be used in place of the official General Liability Claim Form and can be used to report property damage. Form is available at the ORM website. Form has statements about attaching other information if available, please attach as much as possible including descriptions of what happened and where. Details!!!!

    Next slide gives some suggestions.*Remind class that this class is presented by the Loss Prevention Unit and all agencies should submit all information and direct all questions regarding claims to the ORM-Claims Department.* THIS IS FOR WORKERS COMP. As an agency you probably submit the completed forms to someone who enters into STARS. Make sure to keep a copy of everything.Other types of claims have to be faxed in currentlyORM - Claims is comprised of:General LiabilityRoad Hazards (DOTD Claims)PropertyMedical MalpracticeTransportationWorkers' CompensationPrisoner ClaimsCivil Rights Claims

    Rick Lejeune and Walter Lockhart are the 2 supervisors that handle transportation claims.The DA 2041 must be faxed or emailed to ORM Transportation Claims within 48 hours of the accident. Once a copy of the police report is received, forward it to the ORM Transportation Unit with a copy of your DA 2041 for identification purposes (unless you already know the claim number, then include it). Make sure you keep a copy of the fax confirmation sheet or the sent email receipt as documentation for audit question 2.4.4.1.1.

    If the accident occurs in a personal vehicle while on State Business, follow the same procedures and write PERSONAL VEHICLE on the top of the DA 2041. Keep in mind that your personal insurance is the primary insurance when an accident occurs, but a claim should still be filed.Sample of the vehicle accident form. A copy should be kept in every state vehicle. If you drive your personal vehicle on a regular basis for state business you might want to keep a copy of the form in your personal car.This is if you get called to an accident to investigate it. If you dont go to the scene make sure the employees know to call the police. DO NOT LEAVE THE SCENE OF AN ACCIDENT WITHOUT CALLING THE POLICE.MAKE SURE EMPLOYEES KNOW NOT TO ADMIT ANY LIABLITIY OR STATE THAT THE STATE WILL TAKE CARE OF EVERYTHING.

    Employees can use the accident form to record witness names and contact information.As stated.Official report number will probably not be available at the accident scene. Will probably have to wait several days for that and to obtain a copy of the police report. DO NOT wait to send in the DA2041 until you receive the police report. Send in the DA2041 and then when you get the police report send it in with another copy of the DA2041 or reference to that accident. Make note of lenses used, distance from objects, date taken, film used.

    Might need to use a flash even if sun is shining.Take pictures from all 4 sides, angles. Get pictures of damage and non-damaged areas. Picture of license plate could also be helpful.

    You can also take pictures of some of these items in addition to noting them in writing.

    Note type of pavement.

    For witnesses- Look at nearby stores, residences, bus stops, etc. If going back a day or so after the accident go same time of day to look for witnesses, someone might have a routine they do.

    Note is one of the witnesses was a passenger in any one of the vehicles.If not to scale note so.Give a legendNote direction of NorthNote where everything is, signs, poles, lights, witnesses, etc.(1) Act is an action or non-action by the individual, condition is the physical/cultural environment around that individual

    (2) Depends on your agencys accident investigation plan (usually supervisor)

    (3) Incident - Is an event that could have caused injury or damage to property. There were no injuries/property damaged. An incident should be reported and investigated as an accident. The reason is to correct the situation before it causes an injury/property damage.

    (4) Depends on your agencys accident investigation plan