Investigate work-related accidents, incidents, ill health reports and complaints for the purposes of health and safety regulation
URN: PROHSR3
Business Sectors (Suites): Health and Safety
Developed by: Improve
Approved on:
2019
Overview
This standard covers the skills and knowledge required to investigate work-related accidents, incidents, ill health reports and complaints for the purposes of health and safety regulation.
It covers
- conducting investigations of work-related accidents, cases of ill-health, incidents and complaints about health, safety or welfare provisions for regulatory purposes
- gathering and evaluating evidence in external organisations to determine ill-health/accident/incident/complaint causation
- identifying deficiencies in health and safety policies, management arrangements, resources and provision, and determining appropriate enforcement and other action needed by the regulatory authority or duty holders
- informing duty holders, employee/safety representatives and others, of the outcome of the investigation and actions proposed or required
- securing appropriate reductions in risk in work activities and compliance with health and safety legislation in external organisations
- producing effective investigation reports
The activities you are likely to be involved in:
- conducting investigations of work-related accidents, cases of ill-health and incidents for regulatory purposes
- conducting investigations of work-related health, safety or welfare complaints for regulatory purposes, often without revealing that a complaint has been made
- identifying immediate and underlying causes of accidents, incidents, cases of ill-health and complaints
- assessing how senior managers set up and use health and safety management structures and systems and associated resource allocation
- evaluating health and safety policies and procedures within organisations
- using evidence gathered to decide on actions you and the duty holder need to take, which may include formal enforcement
- ensuring agreed actions are taken by the duty holder(s)
- preparing reports, letters and other documentation about investigations, in line with the regulatory authority’s requirements
Performance criteria
You must be able to:
- consider severity of incidents or potential risk of matters complained of, to determine timing of response in line with the regulatory authority's instructions
- identify relevant legal requirements, standards, guidance and policy to establish benchmarks
- identify what information exists to aid investigations following standard operating procedures
- decide on appropriate levels of research to decide what is relevant and important
- establish aims and objectives for investigations and draw up appropriate plans following industry best practice
- organise resources, equipment and people following standard operating procedures
- gain access to sites, liaise with any emergency services/other regulators and establish the health and safety regulator's role following standard operating procedures
- identify people in control of sites, duty holders and employee representatives, outline the purpose and scope of investigations and procedures followed and secure co-operation and maintain complainant anonymity following standard operating procedures
- identify immediate actions necessary for preservation of evidence and instigate following standard operating procedures
- identify promptly any continuing risks to health and safety and take immediate actions, accounting for any impact it may have on investigations, and taking account of the regulatory authority's safety policy
- call on expert help to advise following standard operating procedures
- inform duty holders and others of immediate actions taken and why following standard operating procedures
- use resources available and organise any additional resources and expert help required following standard operating procedures
- examine scenes of incidents or complaints without compromising potential evidence following standard operating procedures
- decide who to interview, in what order, and use questioning and listening skills to obtain information following standard operating procedures
- gather relevant evidence in accordance with rules of evidence, confirm continuity and admissibility and keep necessary records following standard operating procedures
- identify possible immediate and underlying causes of incidents/ complaints and investigate all reasonable lines of enquiry following standard operating procedures
- review decisions on causation as investigations proceed following standard operating procedures
- analyse and review evidence against potential breaches of legislation following standard operating procedures
- review initial and interim enforcement decisions as investigations proceed following standard operating procedures
- identify when disproportionate efforts would be required to continue investigations and when it needs to, or can, be stopped, and evaluate consequences following standard operating procedures
- identify options for intervention and enforcement which are appropriate to any breaches following standard operating procedures
- assess effects that interventions and enforcements will have, and establish action following enforcement policy of the regulatory authority
- communicate with duty holders, employee representatives and others during investigations following standard operating procedures
- assess actions taken by duty holders following the events/accidents before investigations are complete
- manage and conclude investigations following standard operating procedures
- evaluate information to conclude immediate and underlying causes of incidents/complaints, considering supporting and contradictory evidence following standard operating procedures
- prepare investigation reports and any other necessary records with all required information
- communicate clearly and effectively with relevant stakeholders about outcomes of investigations and any further actions to be taken by the regulatory authority or duty holders
- secure commitment from duty holders for improvements in compliance with legislation to an appropriate timetable
Knowledge and Understanding
You need to know and understand:
- how to identify and work within the aims, objectives and priorities of the regulatory authority
- how to work with other authorities involved in investigation of work-related deaths including Police, Crown Prosecution Service and Coroner
- how to identify and apply the regulatory organisation's policies and arrangements for selecting and conducting investigations
- how to apply regulatory organisation's health and safety policy and procedures and ensure your own health and safety
- how to identify and apply the regulatory authority's enforcement policies and priorities
- how to select and use relevant health and safety standards, guidance and benchmarks
- how to identify technical information and standards on processes being investigated
- how to select and use appropriate sources of further information
- resources available to you and how to make use of them
- reports and records are needed and their formats
- extent to which information can be given to various interested parties and forms of communication appropriate to each
- how to identify types of duty holders and their responsibilities
- how to identify and make use of statutory powers of the enforcing authority and inspectors
- how to manage interfaces with other enforcing authorities
- how to identify types of employee or safety representatives and their roles
- how to identify accident and ill-health causation, including human factors
- how to analyse accident and incident data
- how to apply principles of hazard identification, risk assessment and risk controls
- ways of evaluating information gathered against legal requirements, achieving consistency, transparency, proportionality and targeting in decisions
- how to assess the impact of your decisions on the duty holder, employees, the industry concerned, and the broader health and safety implications
- how to communicate effectively with a broad range of people, including duty holders, witnesses, employee/safety representatives, injured people, relatives of injured/deceased, other distressed or traumatised people, members of the public, pressure groups, the media and other enforcing bodies
- how to use databases and other information sources
- purpose of investigations
- how to plan investigations
- when and why other professionals may need to be involved
- equipment and other resources needed to conduct investigations and how to obtain them
- role of the regulator in investigations
- how to take possession of articles
- how to impose requirements to leave undisturbed
- people involved and how − colleagues, duty holder, employees and their representatives, other enforcement authorities
- investigation techniques
- questioning, listening and interviewing skills
- how to deal with distressed, anxious and unreliable people
- how to evaluate information, including that which is apparently contradictory, and identify and test causation options
- how to identify and apply appropriate legislation and approved codes of practice
- rules of evidence, what constitutes evidence and proof and how different sorts of evidence should be collected and preserved
- intervention and enforcement options available and implications of each
- any organisational tools provided to assist in the decision-making process following evidence collection
Scope/range
Scope Performance
Scope Knowledge
Values
Behaviours
Skills
Glossary
Links To Other NOS
External Links
Version Number
2
Indicative Review Date
2023
Validity
Current
Status
Original
Originating Organisation
Proskills
Original URN
PROHSR3
Relevant Occupations
Health and Safety Managers, Health and Safety Officers, Occupational Health Workers, Occupational Hygienists and Safety Officers (health and safety)
SOC Code
2222
Keywords
Occupational health and safety; health and safety; accidents; incidents; ill health reports; complaints