4/23/2014. What is a Catastrophic Accident? RESPONDING TO A CATASTROPHIC WORKPLACE ACCIDENT. Why Catastrophic Accidents Must be Handled Differently

Transcription

1 RESPONDING TO A CATASTROPHIC WORKPLACE ACCIDENT Pat Miller pmiller@shermanhoward.com What is a Catastrophic Accident? Fatality of employee or contractor employee Multiple injuries Significant property damage Why Catastrophic Accidents Must be Handled Differently Potential legal liability: OSHA/MSHA civil and criminal penalties Workers compensation claims Lawsuits from injured parties 1

2 Why Catastrophic Accidents Must be Handled Differently More extensive OSHA/MSHA investigations Multiple investigations: Local law enforcement Other state or federal agencies Insurance companies Internal investigations by the Company Publicity Family member issues Employee issues Direct an Immediate Response Call 911 Initiate the facility Emergency Response or Action Plan Go to the site ASAP Develop a Response Team and Assign Responsibilities Team leader (usually upper management) Legal counsel (in-house and/or outside) Safety and health management Local operations management Public relations Family relations Employee relations Establish confidentiality rules for the Response Team and any investigations 2

3 Preserve Critical Evidence Spoliation of Evidence A legal duty to gather and preserve critical evidence Significant liability, civil and criminal, for the destruction of, tampering with or failure to preserve evidence in an accident case Preserve Critical Evidence Local fire, rescue and police control the accident scene until released Except as necessary to immediately protect personal safety, the accident scene must remain frozen until released by authorities, management and/or legal counsel Take appropriate steps to control access to the accident scene Do not allow anyone, including government agencies, to remove evidence from the scene without approval of legal counsel Preservation of accident scene evidence following release Preserve Critical Evidence The Legal Hold Letter Issuance of a Legal Hold letter by legal counsel What the Legal Hold requires 3

4 Notifications and Communications Applicable regulatory agencies (OSHA 8 hours for accidents involving fatality or in-patient hospitalization of three or more employees) Insurance Carriers General Liability and Workers Compensation Family members Media Critical customers and vendors Community leaders Employees and unions Conduct an Accident Investigation If possible, take immediate photos or video of the accident scene and efforts to preserve the accident scene Do not start the usual internal investigation, including interviews or witness statements, unless directed by management and/or legal counsel Consider conducting a confidential investigation directed by legal under the attorney work product privilege Dual inspections privileged and non-privileged Prepare for and Supervise Government Agency Investigations OSHA or MSHA EPA and/or state environmental safety and health agencies Other federal agencies (i.e., Chemical Safety Board (CSB), Homeland Security, ATF) Police and fire Criminal investigations Importance of legal counsel assistance 4

5 Publicity Issues Direct all media inquiries to the designated company contact Do not allow the press onto the property unless authorized Family Issues Be sensitive and supportive of family members impacted by the accident A family-relations representative should provide assistance with family-related issues, such as insurance benefits, funeral arrangements, etc. Employee Issues Make sure all employees are safe to work, including managers Make sure employees and managers are OK, mentally and physically, to undergo agency interviews Grief counseling and other employee assistance 5

6 Closing Thoughts There is no textbook for handling catastrophic accidents each case is different Working through a catastrophic accident takes time There will be bad days and good days Above all, use good judgment, common sense and take advantage of available resources 6