Dealing with a WorkSafe investigation can feel like a big worry. Under the Health and Safety at Work Act 2015 (HSWA), these probes are serious. This article will guide you through steps to handle an investigation smoothly and correctly.
Keep reading for handy tips.
Understanding WorkSafe Investigations
WorkSafe investigations serve to ensure a safe working environment and uphold health and safety laws. Key principles guide these investigations, underpinning their efficacy in uncovering the root causes of workplace injuries and unsafe conditions.
Purpose and Mandate
The primary objective of WorkSafe investigations is to uncover the occurrences in workplace incidents, potentially including accidents or near misses. They examine the facts and determine if any laws were infringed upon.
If they discover violations regarding work health and safety, they initiate corrective action. This could involve educating employers on how to enhance workplace safety or, in severe circumstances, litigation.
Investigations are instrumental in preventing similar accidents by highlighting missteps.
WorkSafe collaborates with other agencies to avoid redundant efforts. They adhere to agreements known as Memoranda of Understanding (MOUs). These agreements enable various groups to seamlessly share information and work collaboratively to enhance workplace safety across Australia for all.
The emphasis remains on injury prevention by comprehending both the minute elements and the broader context of each incident, whether it relates to injuries from falls at construction sites or issues like bullying and harassment that can negatively impact workers’ health.
Key Investigation Principles
Worksafe examinations adhere to particular principles guaranteeing fairness and efficacy. These guidelines prioritise the rights of victims, uphold cultural standards, and consistently aim for significant outcomes.
The initiation of an investigation is not arbitrary, but rather it’s based on an established criterion termed “When we intervene”. This procedure ensures that the investigation is in line with strategic objectives and holds the potential for notable influence.
Investigators prepare extensively prior to commencement. Subsequently, they conduct their duties with thoroughness and ensure each case is concluded appropriately. They acknowledge that addressing workplace incidents such as exposure to hazardous substances or severe injuries, requires a subtle approach for all parties involved.
Upholding respectful interactions is vital, particularly concerning victims who are deserving of care in accordance with the Victim’s Rights Act 2002.
A successful WorkSafe examination not only aims for justice but ensures every step taken respects the parties involved, aligning with wide-ranging strategic goals for safer workplaces.
Initiating the Investigation
To initiate an investigation, determine when it is required and promptly notify WorkSafe. Preserve the incident site and take immediate action to address any unsafe working conditions.
When an Investigation is Needed
An examination becomes necessary when a workplace incident raises concerns under the Health and Safety at Work Act. This might be because of an accident resulting in injuries like fractures, burns, or electrical shock.
WorkSafe New Zealand gets involved if the event suggests a disregard for workplace safety standards or there’s a risk to employee health. Incidents could range from machinery malfunctions causing harm, exposure to detrimental chemicals leading to health conditions, or serious allegations like bullying, harassment, or discrimination amongst workers.
The demand for intervention is evident if an injury requires medical aid beyond basic first aid, such as instances necessitating emergency services response for conditions like spinal cord injuries or critical bleeding.
It also applies when workplace conduct doesn’t meet its legal responsibilities regarding worker health and safety. If public interest is high regarding the incident’s nature – influenced by factors evaluated by the Chief Executive on an individual basis – this also prompts a comprehensive examination.
Such investigations aim at addressing immediate harm and also at preventing future incidents through rectifying actions and policy reviews.
Notifying WorkSafe
Employers must contact WorkSafe right away if they know about an incident that needs reporting. They can call on 0800 030 040 and also fill in a form online for Notifiable Incidents.
This step is crucial, especially if the situation involves serious workplace injuries like spinal injury, electric shock, or when toxic chemicals cause harm. These situations might require medical attention from out-patient to inpatient services depending on the severity.
Reporting these incidents helps make sure everyone involved gets the right support and guidance.
Immediate notification ensures safety and compliance with occupational health and safety standards.
This process keeps workplaces accountable and aids in preventing future accidents by highlighting risks such as structural failures or improper use of personal protective equipment.
After notifying WorkSafe, preserving the incident site becomes essential to ensure an effective investigation follows.
Preserving the Incident Site
After you notify WorkSafe, the next step is making sure the site where the incident happened stays unchanged. It’s essential not to disturb anything until a WorkSafe inspector says it’s okay.
This rule helps inspectors see exactly how and why an incident occurred. They need to understand everything clearly to prevent future accidents.
There are a few reasons why someone might need to change the site before an inspector arrives. These include helping injured people or following orders from police officers. Sometimes, actions are needed to make the site safe again or because of instructions from regulators.
But apart from these exceptions, everyone must leave things as they are until given approval by a WorkSafe inspector. This careful approach ensures that all investigations into workplace injuries or incidents follow natural justice and help in identifying root causes accurately for corrective actions later on.
Conducting the Investigation
Conducting the investigation involves planning and carrying out the process carefully. Interviewing witnesses and involved employees is a crucial step in gathering information.
Planning and Carrying Out
In the planning phase, it’s crucial to set clear goals. This means figuring out what you need to find out and how you’re going to do it. You should collect all the information already available.
This helps you see the full picture of what happened. Defining the scale and scope makes sure everyone knows how big this investigation will be.
Carrying out an investigation requires sticking closely to your plan but also being ready to make changes if needed. Regularly check if your decisions still make sense as new details come up.
Always treat everyone involved with respect. It keeps people willing to share important info that can help your case.
Interviewing Witnesses and Involved Employees
Interviewing witnesses and involved employees is crucial in a WorkSafe investigation. This process helps to gather unbiased statements that are key to understanding the incident.
- Prepare interview questions that are clear and focused on the incident.
- Schedule separate sessions for each witness and employee to avoid influenced testimonies.
- Provide witnesses and employees with relevant documents before the interview. These can include safety protocols or employment agreements.
- Allow a representative, such as a union member or legal advisor, to attend the interview. This ensures the process is fair.
- Use simple language during interviews to make sure everyone understands the questions.
- Record all interviews, with consent, for accuracy.
- Reassure interviewees that their statements will be confidential to encourage openness.
- Ask for details about what they saw, heard, and did related to the incident.
- Avoid leading questions that might suggest an answer you expect or want to hear.
- Focus on facts rather than opinions or perceptions of the situation.
These steps ensure that each interview provides valuable insights into the incident from different perspectives, contributing significantly to the investigation’s thoroughness.
Next, we will look at post-investigation actions and how they play a role in concluding the process effectively.
Post-Investigation Actions
After the investigation is concluded, decisions on actions to take will be made based on the findings. Lessons learned from the investigation process will guide future safety improvements and preventative measures.
Decision on Actions to Take
Senior management must take the lead in deciding actions after a WorkSafe investigation. They should look into the incident thoroughly and discuss how to stop it from happening again.
This includes reviewing safety training and making sure everyone knows what to do in an emergency. A significant part of this process is figuring out the root cause of incidents like workplace injuries or diseases.
Prevention is better than cure.
They also need to think about how the incident affected their finances and what measures could help reduce costs in the future, such as better safety equipment or changes in work practices.
It’s vital they consider options like mediation or negotiation if there are disputes over compensation claims with workers’ comp or insurance companies. Plus, updating medical compliance documents and ensuring all employees have access to first aiders can save lives and prevent severe health issues down the line.
Learning from the Investigation
After finalising the next steps, it’s vital to draw lessons from the investigation. This aids in preventing subsequent incidents and enhancing safety.
- Evaluate the impact on business functions.
- Prepare for the recovery of employees injured on the job, notably those displaying strain or sprain symptoms.
- Probe into the reasons behind the incident.
- Verify the effectiveness of your risk management systems.
- Contemplate reported injuries such as lumbar strain or cervical vertebrae damage.
- Take into account events that necessitated an emergency department visit due to severe results like blood loss or cranial injuries.
- Investigate job site conditions that led to diseases like legionnaire’s disease or infections.
- Scrutinise any instances involving grave incidents such as amputation or sexual harassment and ensure appropriate legal action is taken.
- Modify training programs according to the insights gained from accidents and close calls.
- Enhance the outlets for voicing safety issues or worries without retaliation, thereby fostering whistleblower protection.
- Study equipment breakdowns, particularly if an emergency stop button was unavailable or malfunctioned.
- Collaborate intimately with health professionals during recovery to aid injured workers’ return to work plans effectively.
- Regularly reassess safety protocols and health policies through audits making certain they meet the standards.
- Implement root cause analysis methods to discover fundamental problems causing workplace accidents.
This method rectifies lapses in safety protocols and also heightens productivity and maintains credibility among employees by demonstrating dedication to their well-being.
Conclusion
Facing a WorkSafe investigation can seem tough. You must know the steps and follow them closely. Start by understanding why WorkSafe might need to look into something at your place.
They do it to keep workplaces safe. If an accident happens, tell WorkSafe straight away and don’t touch anything at the scene. While they check things out, talk clearly with your team but keep the details private as needed.
After they finish, think about what you learned and how to avoid future accidents. Working well with WorkSafe helps everyone stay safe on the job.
Does your workplace comply with the Health & Safety at Work Act 2015?
Our consultants can help ensure you have the right systems in place.