Immediate Response to Aid People and Property
Emergency response to aid any injured workers or remove killed workers bodies and to address any other related site emergency such as fire, spill, dangerous conditions, etc.
Do not disturb the scene except as necessary to attend to persons injured or killed, preventing further injuries and protecting property (OH&S Act, ss.18(6))
Evacuation as necessary and appropriate support for workers who are not physically injured but may be suffering shock or critical incident stress
Corporate Communication and Reporting
Consult any contracts with construction contractors or field site managers regarding, among other applicable issues, coordinating incident response, press or public information releases and drug testing policies
Identify the designated person to perform preliminary investigation (SInvestigation Coordinator and where this term is used it may include a delegate) under terms of contract or otherwise
Remove all persons other than the Incident Coordinator and necessary helpers from immediate vicinity of incident location
Evacuate as necessary to forestall inappropriate communication about the incident and be aware of instant communication, including photographs of the incident taken on personal handheld devices which, if made public, could seriously affect any company communication plan, including the communication with the families of injured or killed workers
Determine if the incident is a reportable incident under s.18(2) of the OH&S Act and report if need be (1.866.415.8690)
Ensure appropriate communication with supervisors, union officials, family or others as required in relation to the injured or killed person
Preliminary Investigation
Physically secure the site
Record the time, date and location of the incident and any persons injured or killed or any property Damage
Keep a log of any changes made to the scene as a result of disturbance to provide aid (for instance the movement of machinery to assist a trapped worker)
Take photographs of scene (log all photos and provide annotations where necessary)
Determine which individuals may have (1) witnessed the incident; (2) witnessed the scene leading up to the incident; or (3) have witnessed any actions in the preceding minutes, hours or days that could be relevant to the investigation
Gather a list of all relevant witnesses with names, positions and contact information
If applicable, request that employer arrange for testing in accordance with any applicable drug and alcohol policy
Consider whether SolicitorClient Privilege is appropriate
Implement and provide refresher information relating to communication protocols
If applicable, ensure all notes, documentation, electronic data etc. are marked with words such as Sprivileged and confidential
Further Investigation and Preservation of Evidence
Obtain written witness statements where advisable and available
Keep a log of all information given to Workplace Health and Safety officers
Keep a log of all information requested by, but not yet given to, Workplace Health and Safety Officers
Keep a log of all substances, materials, products, tools, appliances or equipment and tools seized by and samples taken by Workplace Health and Safety officers and obtain and collect receipts for the same
Ensure that person dedicated to interface with Workplace Health and Safety officers keeps a record of the scope of the officer"s investigation, including the witnesses who are interviewed
Conduct debriefing with witnesses who are interviewed by Workplace Health and Safety officers
Manage the turnover of the closed site to operations when the site is cleared for reopening by Workplace Health and Safety officers
Preparation of Section 18 Report
A Section 18 report will be requested on a very short time frame when initial responders are exhausted and potentially mentally fatigued by the investigation process " make critical incident stress debriefing or other support available
Develop the report with the assistance of counsel to ensure that the report provides an adequate picture of both the incident and the events leading up to the incident
Start the due diligence process with the report and include information about the things that were done correctly: such as hazard assessments, training, management of the site, processes implemented to ensure the OH&S Act was followed
Include steps to ensure that the incident does not occur again and follow up to ensure these steps have been taken
Clearly mark the report as having been prepared pursuant to s.18 of the OH&S Act.
About Fraser Milner Casgrain LLP (FMC)
FMC is one of Canada's leading business and litigation law firms with more than 500 lawyers in six full-service offices located in the country's key business centres. We focus on providing outstanding service and value to our clients, and we strive to excel as a workplace of choice for our people. Regardless of where you choose to do business in Canada, our strong team of professionals possess knowledge and expertise on regional, national and cross-border matters. FMC's well-earned reputation for consistently delivering the highest quality legal services and counsel to our clients is complemented by an ongoing commitment to diversity and inclusion to broaden our insight and perspective on our clients' needs. Visit: www.fmc-law.com
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