AMS Crisis Management

Crisis Management

• Standard Operating Procedures

• Client / Site

• Prepared by

• Location
  Address

SAFETY

• Is everyone safe?

  Yes

  No

  N/A

• Have medical needs been attended to?

  Yes

  No

  N/A

SECURITY

• Is the site secure?

  Yes

  No

  N/A
WAC 296-800-32010
ENSURE THAT ANY EQUIPMENT INVOLVED IN AN ACCIDENT IS NOT MOVED. You Must:
Not move any equipment involved in a work related accident or incident if any of the following occurs:
-A death
-A probable death
-An employees hospitilization Not move the equipment until a representative of the department of labor and industries investigates the incident and releases the equipment unless:
Moving the equipment is necessary to:
-Remove any victims
-Prevent further incidents or injuries Do you have available to secure the site:

• Barrier tape?

  Yes

  No

  N/A

• Cones?

  Yes

  No

  N/A

• Signage?

  Yes

  No

  N/A

Chain of Command

• Has the Chain of Command been established?

  Yes

  No

  N/A

• Has the point of contact been established?

  Yes

  No

  N/A

• Name and Contact information:

• Who will be handling all outside calls from media, family members, etc.?

Ensure that all notes, photos, memos, etc. are part of the Attorney Work Product and they are clearly labeled as such.
"Attorney Work Product: Prepared in anticipation of litigation at the request of counsel."

Preparedness

Mentally prepare a "worst case scenario". Where there is a fatality, is there any potential for criminal liabilty? -What is the likelihood of a "willful" citation violation
-Failure to abate?
-Repeat violations?

Other Considerations

If there is a third party injury, extensive property damage or fatality, make sure that the CGL (Companies General Liability) carrier has been advised of the situation. -Dual representation
-Determine if there will be any conflicts of interest between management and employees.

Investigation

Make sure all employees know that they have the right to have a private interview or have someone present with them during the L&I DOSH Inspection. Focus on facts:
DO NOT ALLOW THEM TO SPECULATE OR GIVE OPINIONS ON THE CAUSE OF THE INCIDENT.
"Until all of the facts are known, I can't speculate on what happened or what we could have done to avoid this."
Answer the 5 W's:
-Who
-What
-When
-Where
-Why Prepare a waiver of potential conflict of interest to allow dual representation.

Documents

Secure all written logs, notes, diaries, maintenance records, safety meeting notes pertaining to the crisis. Photographs and Measurements
Do you have a camera (ready to use) and somebody trained how to use it at the job-site?
Do you have a tape measure available for use?

Resources

• Do we need to bring in outside expert resources?

  Yes

  No

  N/A

• Do we need to pre-empt experts from testifying against us?

  Yes

  No

  N/A

Interviewing Witnesses

-Tell the truth
-Tape Interview
-Witness statements under penalty of perjury
-Are Witness statements available at the job-site?
-Make an Assessment of credibility for each witness

Notification of L&I

WAC 296-800-32005
REPORT THE DEATH, PROBABLE DEATH OF ANY EMPLOYEE, OR THE IN-PATIENT HOSPITALIZATION OF ANY EMPLOYEE WITHIN 8 HOURS. 1.) An authorized employee of the company must report within eight hours of the incident that:
-Causes a fatal or possibly fatal injury
-Causes injury requiring in-patient hospitalization of any employee

To report, contact your nearest labor and industries office by phone or in person, or call the OSHA toll-free hotline 1-800-321-6742 EXCEPTION: If any employer does not learn of a reportable incident at the incident at the time it occurs and the incident would otherwise be reportable under this subsection, the employer shall make a report within eight hours of the time the incident is reported to any agent or employee of the employer. 2.) Your report must include:
-Establishment Name
-Location of the incident
-Time of the incident
-Number of fatalities, hospitalized employees, or pesticide exposure
-Contact Person
-Phone Number
-Brief description of the incident
3.) Fatalities or hospitalizations that occur within thirty days of an incident must also be reported

Accident Investigation Report

WAC 296-800-32020
CONDUCT A PRELIMINARY INVESTIGATION FOR ALL SERIOUS INJURIES. You must:
Make sure your preliminary investigation is conducted to evaluate the facts relating to the cause of the incident by the following people:
-A person designated by the employer
-The immediate supervisor of the injured employee
-Witnesses
-An employee representative, such as a shop steward or other person chosen by the employees to represent them
-Any other person who has the experience and skills
-If the employee representative is the business agent of the employee bargaining unit and is unavailable to participate without delaying the investigation group, you may proceed, by using on of the following:
-The shop steward
-An employee representative member of your safety committee
-A person selected by all employees to represent them NOTE: A preliminary investigation includes noting information such as the following:
-Where did the accident or incident occur
-What time did it occur?
-What people were present?
-What was the employee doing at the time of the accident or incident?
-What happened during the accident or incident?

Instill confidence in the regulators that we are fully cooperating with their investigation.