or individual equipment up to and including trucks and dirt
moving equipment.
b. You might mention the person who was operating a jack hammer
was wearing the proper PPE but did not break that down and
take pictures of the special anti-vibration gloves and provide the
literature for it, so they will have no idea what extent you have gone
to as an employer to protect your workers. You may mention the
worker was driving a rock truck and the people at the WCB think
Fred Flintstone-style equipment as opposed to the air ride seats and
comfortable, ergonomic layout of the cockpit of the truck unless you
take pictures and supply the corresponding documentation from the
dealer showing this.
c. If there are holes, depressions or rises that were involved on a road,
for example, that caused an issue, then this should be recorded
as to the depth or height and videoed showing the same type of
equipment going over the same spot at the same reported speed
showing the results, but only if it is safe to do so.
d. Once all aspects of the site have been investigated, recorded and
reviewed a second time, it can be released unless an outside agency
is involved, such as Occupational Health and Safety, Coroner’s
Office, police etc.
5. Report.
a. Prepare your report that will your overall narrative along with all
your supporting documentation as appendixes. These will include
photographs of the overall scene, diagrams or drawings, photographs
of each item you mention and the specific documentation from the
manufacturer showing and explaining the many safety and comfort
features of each piece of equipment and PPE.
b. Include a short summary of each statement along with a copy of the
entire statement as an appendix and any supplementary documents
and photographs such as Facebook pages, etc. as necessary.
c. In your narrative about your investigation, indicate any breaches of
policy and procedure, proof from your HR or training department
documents that the injured worker was instructed on the safety of
the equipment used and attach that as an appendix. If there has been
any discipline regarding the injured worker failing to adhere to safety
policies in the past, include that as well.
d. Document all breaches of policies and procedure, who you believe
to be responsible for the injury and what remedial steps you are
taking to remedy the situation to prevent any reoccurrence.
This report should be submitted to the WCB along with your E1, especially
if you do not agree that the injury either occurred on site, that it was
an accidental injury or that it occurred in the manner that the injured worker
is stating.
This is by no means an exhaustive list of what to do and how to conduct a
site investigation, but rather to get employers thinking about having a plan
and being prepared in the event you have an injury on your work site. It is
far easier to conduct an investigation while the scene and information is
fresh in everyone’s memory than to try and piece it together a month, year
or decade later.
Clifford Gerow is the executive director of Injury Solutions Canada Ltd.
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INJURY SOLUTIONS
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