ACCIDENT INVESTIGATION & REPORTING POLICY

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Background: Under Ontario law, ABC Company [Company] is required to report certain kinds of workplace incidents and accidents to Ontario Ministry of Labour (MOL) authorities, the Joint Health and Safety Committee (JHSC) or health and safety representative (representative), the union and the Workplace Safety & Insurance Board (“WSIB”).

When Accident Investigation Is Required: There shall be an immediate investigation of any and all workplace accidents and incidents that:

  • Result in a worker’s death;
  • Result in an injury that requires a worker to get medical attention;
  • Result in significant damage to company property or equipment; and/or
  • Cause only minor injury not requiring medical treatment and/or minor or no damage to property but had the potential to be much worse, including, but not limited to “near miss” incidents.

Conduct of Accident Investigation: The accident investigation must be conducted by a competent person familiar with the work. The investigator shall within 24 hours submit a written report that: i. identifies the causes—both immediate and root—of the accident, including but not limited to, any unsafe conditions, acts or procedures that contributed to the accident; and ii. recommends corrective actions to prevent a recurrence.

MOL Accident Notification: Company shall immediately notify the MOL, JHSC, representative and union by phone, telegram or other direct means of any accidents or incidents involving death or “critical injury,” i.e., accidents or incidents that:

  • Place life in jeopardy;
  • Result in substantial blood loss;
  • Involve arm or leg—but not finger or toe—fractures;
  • Involve arm, hand, leg or foot—but not finger or toe—amputations;
  • Consist of burns to a major portion of the body; or
  • Cause loss of sight in one eye.

MOL Accident Reporting—Fatal & Critical Injuries: Company shall within 48 hours of learning of an accident or incident involving a fatal or critical injury submit a written report to the MOL that lists the following information and only the following information:

  • The name of the employer and constructor (if the work involves construction);
  • The nature and circumstances of the injury;
  • A description of the machinery and equipment involved;
  • The time and date of the accident or incident;
  • The name and address of the victim(s), witness(es) and treating doctor(s); and
  • Steps taken to prevent a recurrence of the incident or accident.

Company shall also submit a copy of the above MOL report to the JHSC, representative and union within 48 hours.

MOL Accident Reporting—Disabling Injuries: Company shall within 4 days of learning of an accident or incident involving a disabling but less than fatal or critical injury submit a written report to the MOL that lists the following information and only the following information.

  • The employer’s name, address and type of business;
  • The nature and circumstances of the occurrence;
  • A description of the machinery and equipment involved;
  • The time and place of the accident or incident;
  • The name and address of the victim(s), witness(es) and treating doctor(s); and
  • Steps taken to prevent a recurrence of the incident or accident.

Records of Fatal, Critical and Disabling Injuries: Company shall keep in its permanent records for at least one year, a record of accidents involving fatal, critical or disabling injuries that lists:

  • The nature and circumstances of the injury;
  • The time and place of the injury;
  • The name and address of the victim(s); and
  • Steps taken to prevent a recurrence.

MOL Accident Reporting—Other Incidents and Accidents: [Insert only if the work involves “construction.”] Company shall also report in writing to the MOL any accident or incident that doesn’t involve a fatal, critical or disabling injury but involves:

  • A worker’s fall of 3 or more metres in vertical distance;
  • A worker’s fall that was arrested by a fall arrest system other than a fall restricting system;
  • A worker’s becoming unconscious for any reason
  • Accidental contact by worker or worker’s tool with energized electrical equipment
  • Accidental contact by a crane, similar hoisting device, backhoe, power shovel or other vehicle or equipment or its load with energized electrical conductor of more than 750 volts
  • Structural failure of all or part of falsework designed by professional engineer
  • Structural failure of principal supporting member, including a column, beam, wall or truss of structure
  • Failure of all or part of structural supports of a scaffold
  • Structural failure of all or part of earth- or water-retaining structure, including failure of temporary or permanent supports for a shaft, tunnel, caisson, cofferdam or trench
  • Failure of a wall of an excavation or similar earthwork re: a professional engineer has given a written opinion that wall is stable
  • Overturning or structural failure of all or part of a crane or similar hoisting device

WSIB Accident Reporting: Company shall submit to the WSIB on WSIB Form 7 or another WSIB-approved form within 7 days a report of accidents to Company workers that:

  • Require the worker to receive medical treatment; or
  • Result in the worker’s being unable to earn full wages for more than 7 calendar days after the accident due to the worker’s:
  • Absence from work;
  • Earning less than regular pay for regular work;
  • Need for modified work at less than regular; or
  • Need for modified work at regular pay.

Caution against Listing Incriminating Information: In completing any of the above accident or incident reports for submission to the MOL or WSIB, you must list the information spelled out in this Policy (or, in the case of WSIB reports, asked for on the WSIB Form 7) and only that information. Do not list any information that’s  not required or specifically asked for:

  • If the cause of the accident or incident is not known, state this in the report;
  • Do not speculate or advance theories on what might have caused the accident; and
  • Do not assign blame or responsibility for accidents or incidents.

Questions: If you have any questions regarding the investigation of accidents or incidents, please ask [list name of company representative].