ACCIDENT INVESTIGATION FOR SUPERVISORS

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ACCIDENT INVESTIGATION FOR SUPERVISORS
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• Kelley Ireland
• Workers Compensation
• Program Manager
• Tucson, AZ
• 520-792-1450 ext 6082
• Kelley.ireland_at_va.gov

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Purpose

• Broaden and develop knowledge of proper accident
  investigation
• Work together as a team with Safety during
  accident investigations and the development of
  accident prevention countermeasures

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Purpose

• Identify/analyze accident trends
• POWER Initiative Target reductions in
  accidents/injuries

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Objectives

• How accident investigations relate to WC case
  management
• VA Form 2162 - Incident Report
• CA 1 2
• Preserve critical information at accident scene
• What supervisors need to know
• Information collection techniques tips
• Determine root causes

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• Reduce potential for similar employee injuries
• Hazard recognition - mitigate subsequent
  injuries
• Foster alliance with Safety/Workers Comp/TORT
• Create safer work environment
• Reduce operational costs
• Direct costs versus indirect costs
• (Medical bills are not the end of the story)

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• Observe and analyze trends
• Countermeasures and observations are key to
  prevention
• Near miss today could mean accident tomorrow
• Compare accident reports to CA forms
• WC writes better/more timely challenges based on
  information gained from good supervisory
  investigations
• Why VA Form 2162 and CA-forms must match

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and finally

• Save VA money
• Claims pay outs on questionable WC claims
• TORT Claims and associated legal costs
• Provide accurate information that can be used in
  litigation

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POWER Initiative

• On July 19, 2010, President Obama established a
  4-year Protecting Our Workers and Ensuring
  Reemployment (POWER) Initiative
• The scope of POWER is to extend prior workplace
  safety and health efforts of the Federal
  Government by setting more aggressive performance
  targets
• Each Federal agency is to improve performance in
  seven areas

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What are the initiatives and what do they
really mean?

• Reduce total injury and illness case rates
• (Less claims safer employees and
  workplaces)
• 2. Reduce lost time injury and illness case rates
• (Lost time injuries and illnesses are the
  most severe so we want to reduce them)
• 3. Analyze lost time injury and illness data
• (Identify trends - what injuries are happening
  where, why and by whom to enlist improvements)

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4. Increase timely filing of workers comp
claims(Claims processed immediately aid injured
worker in getting benefits and in healing)5.
Increase timely filing of wage loss
claims(Injured employee gets paid on time no
loss of income)6. Reduce lost production day
rates(Less injury time more production to
unit)
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7. Speed employees return to work in cases of
serious injury or illness(Reduces financial and
emotional impact of injury when employee is back
at work. Employee is back in the saddle again)

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Form 2162 Incident Report

• Must be completed for all accidents regardless of
  extent of injury or amount of damage
• Should not differ from information on CA forms
• Data mined from Incident Report ensures correct
  data is captured for Bureau of Labor Statistics
  OSHA Log
• Stats can be used to monitor, create and alter
  current workplace safety programs
• Data can be used to identify trends and generate
  accident countermeasures

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What is the definition of an accident?

• The National Safety Council defines an accident
  as
• An undesired event that results in personal
  injury or property damage.

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Definition of Near Miss

• Near miss describes events where no property
  was damaged and no personal injury sustained, but
  given a slight shift in time or position, damage
  and/or injury could easily have occurred.

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OSHA Regs - Accident Investigation

• 1960.29(d) The investigative report of the
  accident shall include appropriate documentation
  on date, time, location, description of
  operations, description of accident, photographs,
  interviews of employees and witnesses,
  measurements, and other pertinent information. A
  copy of the investigative report required by this
  section shall be forwarded to the official in
  charge of the workplace, the appropriate safety
  and health committee, and the exclusive employee
  representative, if any.

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When should an investigation be conducted?

• Immediately after all incidents, whether near
  miss or actual injury/damage event
• Who should do it?
• The supervisor in charge of the activity or
  operation and for severe or serious injury, the
  facility Safety Professional

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Why Me?(Or Is this why I make the big bucks?)

• Supervisors are in charge of the operation or
  activity
• You know the ropes, the job tasks and the
  employees involved - youre experienced!
• You know the terminology and how work should be
  conducted
• You know the hazards
• You know the layout of the area and the equipment

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Who should support me in every work related
Injury/Illness Investigation?

• Safety Officer
• The Safety Officer is responsible for obtaining
  an investigative report for every accident which
  must be retained for a minimum of 5 years and is
  subject to review and inspection by the
  Department of Labor.

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Can anyone else help me investigate?

• In the event more expertise is required or after
  a serious event, of course!
• Police or emergency services
• Safe Patient Lifting Coordinator
• Patient Safety Advocate
• Employees at the scene
• Environmental services Industrial Hygiene
• Ergonomist

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Where do I begin?

• Start with the 6 key questions
• Who?
• What?
• Where?
• When?
• Why?
• How?

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Investigation Tips

• Get to the scene as quickly as possible
• Preserve critical information
• Photos
• Measurements
• Lighting
• Layout
• Hazards present
• Get witness statements immediately
• Though they witnessed the same event, stories
  vary because of perceptions
• Stories change when people talk
• People forget very quickly

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The Ebbinghaus Curve How quickly we forgetIn
1885, Herman Ebbinghaus did an experiment where
subjects memorized a list of meaningless three
letter words and tracked how quickly his subjects
forgot the words Learners rapidly forget
information In the case of meaningless
information, only 20 minutes afterward, they only
remember 58 of the information
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Investigation Tips

• Secure the accident scene and ensure your own
  safety
• Distinguish fact from opinion
• Conduct thorough interviews with those involved
  who have knowledge of the incident
• No such thing as too much information
• Dont ask leading questions of employees or
  witnesses
• You werent wearing your seat belt, were you?

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Investigation Tips

• Dont assign blame
• Get witness statements immediately
• Just the facts maam, just the facts
• Opinions, gossip and hearsay dont matter
• Listen carefully
• Document everything
• Look for causal factors
• (there are usually several factors that lead to
  the accident not just one thing!)

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Make sure you have the tools you need to conduct
your investigation

• Container for investigation materials
• Paper and pens/pencils
• Tape measure or other measuring device
• Clipboard
• Camera
• Flashlight/extra batteries
• Protective gear

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• Barricade tape
• Nitrile or latex gloves
• Digital or tape recorder
• Witness forms
• Sign-in sheet (for employees on scene at the time
  of the incident)

• Sticky notes
• Business cards
• Baggies (sealable)
• Flares
• Water
• Accident forms
• Maps
• Rain gear

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Contributing factors

• Weather
• Work hours
• Layout
• Ergonomics
• Traffic patterns
• Short-cutting
• Haste
• Lack of training/experience

• Obstructions
• Work practice methods
• Equipment condition
• Environmental or physical hazards
• Skills/abilities of worker
• Lack of enforcement

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And now the report

• Write in a narrative style
• Remember the 6 key questions!
• Who?
• What?
• Where?
• When?
• Why?
• How?

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Which narrative is best to describe an accident
that happened at your facility?

• Worker slipped and hurt his knee when he fell to
  the floor

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Or

• On Thursday, May 24, Nurses Aid Adam Briscoe,
  slipped and fell on water tracked into the
  building from a rain storm at the hospitals
  north entrance. Adam struck his right knee
  against the floor. He was not wearing shoes with
  slip resistant soles. He was texting as he
  walked into the hospital to report for work and
  didnt notice the water. He was treated by his
  physician who diagnosed a right knee
  strain/contusion. No weather matting or signs
  were in place near the door. Maintenance had
  been called earlier to mop and put signs up, but
  had not yet responded.

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Why?

• 6 key pieces of information were identified
• Hazards were identified
• Contributing factors identified
• Root cause can be determined from information
• Preventive measures can be put in place
• Future accidents/injuries can be prevented

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What will this accident cost?

• It Depends!
• Every workplace accident or injury has both
  Direct and indirect costs. The direct costs, we
  recognize right away.
• Can you name some direct costs?

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Direct Costs

• Ambulance bill
• Diagnostics MRI, CT Scan, X Rays
• Medication
• Physical therapy Often 16 visits
• urgery
• Damaged equipment or materials
• Continuation of Pay (COP)

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What is meant by indirect costs?

• Indirect costs are behind the scenes costs that
  add additional expenses to the direct costs of an
  accident/injury that we often dont even consider
• Can you think of some indirect costs?

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Indirect Costs

• Hours taken for supervisor to investigate and
  fill out reports
• Replacement costs for injured worker
• Workers Compensation
• Overtime
• Lost productivity
• Low morale (sick calls, short staffing)
• OSHA complaints

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Class Exercise

• Housekeeping Aid filed CA-2 for groin pain he
  sustained when stacking chairs.
• Date of injury on or about 6-1-2011
• Date employee filed claim 6-30-2011
• Employee took 3 weeks off between date of
  injury and date claim was filed, using all his
  accrued leave. He helped his family move
  household goods belongings onto a large truck
  during a wildfire and moved his family to another
  city. The employee notified his supervisor of
  this before he took A/L but never mentioned an
  injury until after he returned to work, saying he
  hurt himself on June 1 and it worsened over the
  month. The employee requested COP for his time
  off. The supervisor was never aware that the
  worker had allegedly sustained an injury until
  his return to work, so no investigation was done,
  and no reports were completed.

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• The employees supervisor alerted WC that
  employee had hurriedly moved his family during
  the fire. He had loaded and unloaded belongings
  onto a large truck and could have been injured
  moving his family since he had not mentioned a
  work injury previously.
• Supervisor also stated the employee has a small
  ranch with horses and cattle to care for. He
  rides horses.
• The claimant stated hed had a hernia repair 2
  years prior and worried it might have returned.
  He was examined the day before he filed his claim
  and while being examined, he made no mention of a
  work related injury to the treating NP. All
  told, the employee visited 8 physicians or NPs,
  had an ultrasound, a MRI and an Agency Medical
  Exam that all concurred there was no hernia.

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See any potential issues with this claim?

• What red flags do you see?
• Could the supervisor still do an accident
  investigation?
• Was the information he provided to WC helpful?
  If yes, in what way?
• Was the employee entitled to COP for this injury?
• What corrective actions or countermeasures could
  be taken after an accident of this type is
  claimed?

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• Claimant was not entitled to COP because he filed
  an Occupational Illness, saying his pain
  worsened over time
• Claimant chose NP for treatment - not authorized
  by OWCP
• Supervisor CAN do after the fact accident
  investigation, but asking the 6 key questions,
  looking at the work area where the injury
  occurred, and observing the employees work
  methods
• Maybe not as optimum as on the spot
  investigation, but still helpful
• Supervisors information critical to WC because
  otherwise, no factors exist to disprove work
  injury

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Possible corrective actions

• Safe lifting training (always document) for
  employee and others who do same work
• Discussion with employee on proper accident
  reporting procedures
• Periodic observations
• On the spot corrections of unsafe practice or
  behavior
• Change in written policy
• Change in procedures for clearing room of
  furniture to minimize lifting

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Hmmm lets see

• Claimant reported injury after the fact
• Claimant reported his intentions to move family
  to his supervisor and spoke of having done so
  after return to work
• Claimant engaged in outside activities that could
  have caused a muscle strain
• Claimant used all his leave because he thought
  he should without a physician's medical
  rationale supporting his idea

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Recordkeeping

• Information on CA-1(Injury) and CA-2 (Illness)
  Forms should be compared to the information on VA
  Form 2162
• This provides a means of checks and balances
  between Injury Compensation and Safety
• OSHA can audit this information. It should be the
  same

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• 1. Which form is completed by the supervisor of
  the employee involved in any accident regardless
  of the extent of the injury or amount of damage?
• a. No forms are necessary
• b. VA Form 2162
• c. Note to self

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• 2. The local facility retains their copy of the
  VA Form 2162/301/300 for a ____ year period per
  OSHA regulations
• a. 1
• b. 7
• c. 5
• d. 2

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3. Writing a good accident report is important
because

• A. Its not important because nobody will see it
  after I send it in
• B. It is a legal document that can be used
  after- the-fact by attorneys, OSHA, OWCP, TORT
• It helps Safety with record keeping, Workers
  Comp to challenge claims successfully, OSHA for
  recordkeeping, and the TORT Claims Administrator
• Both B C

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• Which form is completed after an employee has a
  hazardous materials exposure incident.
• a. CA-1 or CA-2
• b. VA Form 2162
• c. Both a and b

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• 5. The information on a CA-1 or CA-2 form should
  match the information on a VA Form 2162.
• a. True
• b. False

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6. Which of the following questions should a
supervisor ask when writing a successful accident
investigation?

• Who, what, where, when, why and how much?
• Who, what, where, when, why and how?
• Who is at fault, what, where, which, when and how
  many?
• Who, which, where, how, why and when?

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7. Why should I investigate accidents?

• To determine contributing factors that may have
  caused the accident
• To try and prevent future accidents of this type
  from happening again
• To try and determine root causes or systems
  failures
• All of the above

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8. Whats the big deal about investigating near
misses?

1. Nothing, but it gets you out of the office for a
   while
2. Near misses have the potential to become future
   accidents with injuries. By investigating them,
   you have a chance of mitigating those factors
   that could otherwise have led to an injurious
   event
3. You can identify workplace hazards or unsafe
   practices
4. Both B C

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9. Why is the Power Initiative so important and
what part do I play in it?

1. When an employee files a claim form, I can fill
   out the supervisors part of the claim the CA
   form and the VA Form 2162 immediately.
2. I can assist Workers Comp in designing a
   temporary light duty job assignment
3. I dont play any part in this. It is not my job
4. Both A B

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10. There have been 6 lifting injuries in your
unit. Would you classify them as

• A. A trend
• B. A category
• C. A cause
• D. A hazard

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• Module end