Derbyshire Constabulary ACCIDENT AND NEAR MISS INVESTIGATION PROCEDURE POLICY REFERENCE 12/309. This procedure is suitable for Public Disclosure

Transcription

1 Derbyshire Constabulary ACCIDENT AND NEAR MISS INVESTIGATION PROCEDURE POLICY REFERENCE 12/309 This procedure is suitable for Public Disclosure Owner of Doc: Head of Department, Corporate Services Date Approved: April 2012 Review Date: March

2 INDEX Heading Page No 1. Procedure Identification Page Legislative Compliance Introduction Procedures Definitions Responsibilities Levels of Investigation 7 5. Monitoring and Review Appeals Appendices

3 1. Procedure Identification Page Procedure title: Registry Reference number: Accident and Near Miss Investigation Procedure 12/309 (HS6) Procedure implementation date: April 2012 Procedure review date: March 2018 Department / Division responsible: Policy owner: Corporate Services Head of Department Last reviewed by: Jo Bingley Date last reviewed: March 2015 Impacts on other policies / guidance / documents (list): The Health And Safety Policy, Incident Reporting Procedure, Various guidance documentation on the incident recording system and incident investigation Disclosable under FOI Act: YES Procedure to be published on Intranet YES Procedure to be published on Force Website YES 3

4 2. Legislative Compliance This document has been drafted to comply with the principles of the Human Rights Act Proportionality has been identified as the key to Human Rights compliance, this means striking a fair balance between the rights of the individual and those of the rest of the community. There must be a reasonable relationship between the aim to be achieved and the means used. Equality and Diversity issues have also been considered to ensure compliance with the Equality Act 2010 and meet our legal obligation in relation to the equality duty. In addition, Data Protection, Freedom of Information and Health and Safety Issues have been considered. Adherence to this policy or procedure will therefore ensure compliance with all relevant legislation and internal policies. Both the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 require an employer to develop and maintain safe systems and methods of work. Incident investigation is an essential part of performance monitoring, i.e. to feedback and make improvements to these systems. The Social Security (Claims and Payment) Regulations require an employer to investigate the circumstances of all incidents that are reported to them. It should be noted that in the event of legal action resulting from an incident, for example a compensation claim or Health and Safety Executive investigation, all documentation related to that incident, including the investigation will become legally recoverable. 3. Introduction This procedure is a Health and Safety procedure primarily aimed at investigation of incidents which result in an Injury on Duty, Near Miss, Non Employee or Regional Unit Incident Reporting Form. Each work related incident that happens provides an opportunity for the Force to learn from mistakes, check performance and make improvements to its risk control measures and health and safety management system. In order to maximise these learning opportunities it is essential that each incident is investigated to a suitable level using a methodical and consistent approach. The purpose of incident investigation is to identify: New threats/risks to the health, safety and welfare of Force employees and to ensure that suitable risk control measures are established, Areas or scenarios where risk control measures are not adequate or not being implemented, and; Action to be taken to reinforce risk control measures in order to prevent a similar incident or to minimise the potential harm from a similar set of circumstances. It is important that high quality customer service is provided as part of the Accident and Near Miss Investigation Procedure and the standards specified in the Customer Service Policy apply throughout this document. 4

5 4. Procedures 4.1. Definitions For definitions of the terms; accident, incident, near miss and RIDDOR reportable incidents refer to the Incident Recording Procedure Responsibilities Divisional Commanders and Head of Departments Are responsible for: - Implementation of this procedure to ensure a suitable and proportionate investigation is carried out. Ensuring that those tasked with accident investigation are competent to do so and have access to suitable resources. To make sure that any actions/recommendations identified by the investigation are implemented in a timely manner. Line Managers and Supervisors/Supervising Officers Are responsible for: - Undertaking or instigating an incident investigation of a suitable level; or where more appropriate, referring incidents on to an appropriate person for them to undertake an investigation (i.e. in the case of fatal accidents or serious injuries may be better investigated by specialist officers). Forwarding any additional investigation reports including witness statements and/or scene photographs to the Force Health and Safety Section for archiving. Where appropriate, developing a suitable action plan to implement any actions or recommendations resulting from incident investigations. Maintaining a local record of action plans and forward copies to the Force Health and Safety Section. Ensuring inclusion of UNISON, Police Federation and other recognised Union or Staff Association representatives in an incident investigation as appropriate. Health and Safety Section Are responsible for: - Ensuring that the outcome of investigations are communicated to all relevant Divisions/Departments as appropriate. Checking/auditing to make sure that incidents are investigated to an appropriate level. Checking that investigation documentation and reports are archived and are available in the event of further or external investigations. 5

6 If the incident involves a member of the public and where appropriate to the incident, work with the person undertaking the investigation to feedback information to the individual involved. To be involved in the incident investigation, as appropriate, to advise on health and safety legislation etc. 6

7 4.3. Levels of Investigation As a minimum level of investigation all reports of incidents made via the Injury on Duty, Near miss or Non-employee Incident Reporting Form must have the associated investigation section completed. Depending on the seriousness of the incident this basic investigation may need to be supplemented with a more indepth and formal investigation and report. Level Example of Type of Incident Investigation Record Carried out by Minor injuries received, e.g. strain, sprain, minor cuts, and bruises etc. Injuries which require no first aid treatment. Completion of Section 3 of the Gateway Self Service Injury on Duty Form. Injured parties line manager or supervising officer at the time of the incident, or Person in control of training, or 1 Less than 3 days absence or on restricted duties. Person in control of the area where the incident occurred, e.g. Facilities Manager. With guidance from the Force Health and Safety Section if required. 2 Incidents which become reportable under RIDDOR (except some minor injuries which result in 3 days or more absence or on restricted duties). Injuries which require hospital treatment. Minor injuries to members of the public or those in the care of the Force. Completion of Section 3 of the Gateway Self Service Injury on Duty Form, supplemented with any action plans developed as a result of the investigation. Divisional Commander or Head of Department to delegate task to a suitable Senior Manager of at least Inspector rank or above. With assistance by the Force Health and Safety Section and other relevant parties. 3 Fatality of an employee. Major damage to Force owned property or equipment. Completion of Section 3 (to close record on Gateway) and comprehensive report into incident causation with an appropriate action plan. Formal investigation lead by the appropriate Divisional Commander/Head of Department with a specialist investigation team of appropriately trained/experienced individuals. 7

8 5. Monitoring and Review Monitoring compliance will be done by the Health and Safety Section with feedback to Divisions/Departments via the local Health and Safety Committees and to the Force Health and Safety Committee. 6. Appeals Process Where an employee believes that this policy is not being applied appropriately they should appeal to the Head of Corporate Services. Non-employees and members of the public can appeal through the Force complaints process, either on the Force internet or at any police station. 7. Appendices None 8

9 9