On-The-Job Accident That Wasn’t Reported Correctly? Yeah, Me Too.

SITUATION:

We received a call from the Program Administrator, Lydia*, who was just informed by the company’s field supervisor that an employee will be taking time off work per a physician’s recommendation due to a back injury that happened on the job.

Lydia then asked the field supervisor accident-related investigative questions starting with “when did this accident happen”? The following sequence of events were revealed:

On Tuesday, the employee felt a “popping” sensation in his back while stacking pallets; however, he decided that he would continue working through his shift since the discomfort was minimal and he saw no reason to report this to his supervisor.

However, on Wednesday morning, the employee contacted the field supervisor and informed him of the incident that happened yesterday. The employee explained that overnight the discomfort in his back became progressively worse and that he would need to request the day off to rest. In response, the field supervisor granted the employees request and carried on with responsibilities for the day.

The following day, the employee returned to work and spent the duration of his shift operating heavy machinery within the shop and left for home at the end of the day per usual.

On Monday, the employee contacted the supervisor stating that he believes the involuntary “jerking” motion from operating the heavy machinery on Thursday made his back pain worse and that he decided to seek out medical attention over the weekend. He further explained that the physician’s medical diagnosis revealed that the has a herniated disk and should be restricted to “light duty” activities for the next month.

Lydia’s questions subsequent to the situation –

1. “Should he have reported the accident immediately regardless of the severity?”
2. “Should the supervisor have further investigated?”
3. “Should I send him for a post-accident test even though this happened days ago?”
4. “Is this considered a refusal”
5. “Do I have to pay workers compensation now?”

As employers, it’s helpful to structure our preventative safety measures parallel to the common phrase “it’s not a matter of if, it’s a matter of when” an accident is bound to happen on the job. Accidents can be inevitable due to a variety of factors including human error, environmental hazards, or lacking organizational causes. BUT that’s not all. Substance use within the workplace is responsible for about 65% of on-the-job accidents.

What can I do as an employer to be prepared and prevent accidents?

1. Anticipate that accidents will happen, and you will likely formulate questions like:
   1. What do we consider an accident?
   2. How do we measure the severity of accidents?
   3. Do we have action steps following an accident?

2. Develop an accident reporting policy and protocols
   1. Does our company handbook contain policies for the following?

• Commitment to Safety: A clear statement emphasizing the employer’s commitment to maintaining a safe and healthy work environment.
• Compliance with Regulations: Information about adherence to local, state, and federal safety regulations (e.g., OSHA in the U.S.).
• Employee Responsibility: Outline employee responsibilities for contributing to a safe work environment, such as following safety procedures and using protective equipment.

Accident Prevention Procedures

• Training: Include the requirement for safety training and how often it is provided (e.g., when hired and regularly thereafter).
• Safety Equipment: Guidelines for the use of personal protective equipment (PPE) and the proper maintenance of tools and machinery.
• Hazard Reporting: Procedures for employees to report unsafe conditions or potential hazards in the workplace.
• Safety Inspections: Details on regular workplace safety inspections and assessments.

Emergency Procedures

• Evacuation Plans: Clear instructions on evacuation routes and meeting points in the event of emergencies such as fires or natural disasters.
• First Aid: Location of first aid kits and the contact information for trained first aid responders within the company.

Accident Reporting Process

• Immediate Reporting: A clear statement requiring employees to report all accidents and injuries immediately, regardless of severity.
• Whom to Notify: Specific instructions on who the employee should notify (e.g., supervisor, HR, or safety officer).
• Incident Report Forms: Provide or reference the appropriate forms for documenting accidents and injuries, including where to find them and how to complete them.
• Timeline: Clarify the timeframe within which accidents must be reported.

Post-Incident Procedures

• Medical Attention: Information on how employees can seek medical attention, including emergency procedures for serious injuries and options for non-emergency care.
• Workers’ Compensation: A brief overview of the workers’ compensation process and how employees can file claims if needed.
• Return-to-Work Policies: Outline the process for returning to work after an injury, including any light-duty or accommodation programs.

 Non-Retaliation Policy

• Protection Against Retaliation: Reassure employees that they will not face retaliation for reporting accidents or unsafe conditions.
• Confidentiality: Mention how the company will handle reports confidentially to the extent possible.

Disciplinary Action

• Non-Compliance: Outline the consequences for failing to follow safety procedures or failing to report accidents (if applicable).

Including these sections in the employee handbook helps promote workplace safety, ensure legal compliance, and protect both the employer and employees in case of accidents.

Also, keep in mind it is very important your supervisors, managers and leaders are trained on the policies and procedures above. They are your first line resource to any potential accidents or near misses.

Celebrate safety as well! Involve your employees in safety events, i.e., tracking # of days without recordable or lost time claims.

If you need to develop an accident reporting policy, reach out to Working Partners® and we will connect you with Renee West HR Solutions, LLC for assistance!