Comprehensive Guide to Incident and Accident Investigation in South Africa  

Understanding Incident and Accident Investigations

What is an Incident and Accident Investigation?

What is an Investigation?

To investigate is to examine, inquire into, or study carefully. In a workplace setting, an investigation is defined as a systematic examination of acts, omissions, or events to determine, assess, and report on matters pertaining to workplace incidents or disciplinary issues.

An investigation aims to discover the truth and does so through a fact-finding exercise. It is crucial to understand that, unlike a trial or court case where the employer acts as a plaintiff, a workplace investigation is not intended to be a legal proceeding. Instead, the investigator serves as an impartial fact-gatherer and must observe the principles of natural justice.

What is an  Accident/Incident Investigation

Accidents:

An accident is an unplanned or undesired event that results in personal injury, illness, or damage to property, processes, or the environment. Accidents are unexpected occurrences with unwanted outcomes, including harm or loss to personnel, property, or production. These losses can increase an organization's operating costs, decrease efficiency, and negatively affect employee morale and public perception.

Incidents:

An incident is an unplanned or undesired event that may not always result in immediate harm or damage but has the potential to do so. Incidents can arise from a variety of factors, including human error, equipment failure, environmental conditions, or lapses in safety protocols.

Accident/Incident Investigation:

An accident/incident investigation is a structured analysis of an event to identify the root cause and recommend corrective actions to prevent recurrence. These investigations are essential as workplace accidents and incidents do not merely "happen"; they result from a combination of factors that may include failures or oversights in safety procedures, human error, equipment malfunctions, or external conditions. While the goal of an occupational health and safety (OH&S) program is to prevent such events, when they occur, a thorough investigation process is needed to uncover their root causes and implement effective measures to prevent future occurrences.

Who May Conduct Investigations?

In South Africa, incident and accident investigations in the workplace, can be conducted by:

• Health and Safety Representatives: As per Occupational Health and Safety Act Section 18(1)(d), a health and safety representative may investigate complaints made by any employee regarding their health or safety at work. It is essential that the health and safety representative is competent to perform these investigations, having received the necessary accredited training to do so effectively.
• Occupational Health and Safety Inspectors: According to Occupational Health and Safety Act Section 31, inspectors may investigate incidents to determine whether a formal investigation is necessary. They submit reports to the attorney-general and chief inspector and are not liable for civil damages arising from their investigations.
• Employers and Designated Individuals: General Administrative Regulations 9(2) state that employers must ensure that every incident is investigated within 7 days by a competent person. This can be conducted by a competent person appointed by the employer. The findings must be documented and reviewed to prevent recurrence.
• External Investigators: Third-party experts may be engaged to provide an objective perspective on investigations.

It must be noted that Any person appointed or in a position to investigate must have gone for accredited training and be competent

Occupational Health and Safety Act of South Africa

The Occupational Health and Safety (OHS) Act of South Africa sets the framework for workplace health and safety. It outlines the responsibilities of employers, employees, and safety representatives in maintaining a safe work environment.

Key Provisions of the OHS Act

• Employer Responsibilities (Occupational Health and Safety Act Section 8): Employers are required to provide a safe working environment, which includes conducting regular risk assessments and ensuring that safety measures are in place.
• Employee Responsibilities (Occupational Health and Safety Act Section 14): Employees must adhere to safety protocols and report any hazards or unsafe conditions to their supervisors.
• Health and Safety Representatives (Occupational Health & Safety Act Section 17(1): These individuals are responsible for conducting safety inspections, investigating incidents, and representing employees' interests in health and safety matters. This is only to be done by a competent person having been for accredited training for Incident / accident investigation.
• Duty to inform (Occupational Health & Safety Act Section 13): Employers have a duty to inform employees about workplace hazards and the necessary precautionary measures. They must ensure that employees are aware of the hazards related to their work, the substances they handle, and the machinery they use. Employers must also inform health and safety representatives about inspections, investigations, formal inquiries, and any applications for exemptions. Additionally, health and safety representatives must be promptly informed about any incidents occurring in the workplace or the sections they are responsible for.

How to Conduct an Incident or Accident Investigation

Key Questions to Answer

When investigating an incident or accident, consider the following questions to gather comprehensive information:

• Who? : Identify all individuals involved, including their names, addresses, and contact details.
• What?: Determine the sequence of events. What happened before, during, and after the incident?
• Where?: Establish the exact location of the incident. Where were the witnesses and the injured party?
• When?: Pinpoint the time of each activity. This is crucial for medical response and understanding the timeline of events.
• How?: Analyse how the incident occurred despite safety measures. Were safety protocols followed? Was equipment used correctly?
• Why?: Investigate the underlying causes. This could reveal systemic issues such as low employee morale leading to unsafe behaviours.

Preservation of an Incident Scene

1. Wear Protective Clothing: Ensure you are equipped with appropriate protective gear before approaching the scene.
2. Assess Hazards: Determine if the scene still poses any hazards, such as chemical spills or dangerous conditions.
3. Approach Safely: Approach the scene using a safe route to avoid further risks.
4. Check Victim's Condition:
   If Alive: Call for an ambulance immediately and administer first aid. Record any statements from the victim, as this information may be crucial.
   If Dead: Take detailed notes on everything you observe, including minor details like a smouldering cigarette, weather conditions, and the names of any witnesses. Document the scene thoroughly with video, photographs, and digital recordings.
5. Minimize Contact: If the victim is deceased, avoid touching or moving anything. Use barrier tape, chairs, or other available means to seal off the area. Only allow entry to authorized personnel, such as investigating police, to prevent contamination of the scene.

Root Cause Analysis in Accident Investigation

A root cause analysis aims to identify the fundamental reasons for an incident. By understanding these causes, organizations can implement measures to prevent future incidents. The process involves:

• Data Collection: Gather all relevant information, including witness statements, physical evidence, and documentation.
• Root Cause Identification: Use techniques like the 5 Whys and Fishbone Diagrams to drill down to the underlying causes.
• Implementation of Corrective Actions: Develop and implement strategies to address the root causes and prevent recurrence.

Reporting and Documentation

A thorough and accurate report is essential for any investigation. This includes:

• Section 24 Incidents: Employers must maintain a record, in the form of Annexure 1, for at least three years at the workplace or relevant section of the workplace. This record should include all incidents that are required to be reported under Section 24 of the Occupational Health and Safety Act, as well as any other incidents where the affected person required medical treatment beyond first aid. These records must be available for inspection by an inspector.
• Report of an Occupational Disease (W.Cl.1): It is a legal requirement to report any possible occupational diseases that may have been identified in the workplace, that may have arisen out of or in the course of an employee's employment, under section 8 of the General Administrative Regulations (GAR). The occupational disease will have arisen either as a result of the employee's exposure to a particular substance or as a result of conditions under which the employee may have worked at the workplace.
• Employers Report of an Accident (W.Cl.2): it is a legal requirement to report any Section 24 incidents or any incident which is referred to under section 9 of the General Administrative Regulations (GAR). The incident must have arisen out of or in the course of the employee conducting their duties in the workplace.

Post-Investigation Actions

After the investigation, it's crucial to implement corrective actions and follow up to ensure their effectiveness. This includes:

• Training and Education: Provide re-training to employees based on the findings of the investigation.
• Policy Updates: Revising and updating safety policies and procedures as necessary. Updating safety policies is crucial for ensuring legal compliance, as it aligns with current regulations and standards. It also allows organizations to incorporate lessons learned from recent incidents, addressing any gaps and managing new risks that may arise due to evolving hazards and technologies. Regular revisions enhance the effectiveness of safety measures based on feedback and experience, and ensure that employees are informed about and adhere to the latest safety practices.
• Continuous Monitoring: Regularly reviewing safety measures and making improvements.

Case Studies and Examples

Real-world examples and case studies can provide valuable insights. For instance, an analysis of past incidents can highlight common issues and effective solutions. These case studies should include:

• Detailed Descriptions: A comprehensive overview of the incident, investigation, and outcomes.
• Lessons Learned: Key takeaways to improve safety practices and prevent future incidents.

Accurate and thorough investigations of incidents and accidents are crucial in the construction industry. Zenith Safety Consultants (ZSC) provides expert guidance and comprehensive solutions to ensure that construction sites remain safe and compliant. By following the outlined steps, organizations can effectively manage incidents, prevent future occurrences, and foster a culture of safety.

At ZSC, we are committed to helping you create a safe and compliant work environment. Contact us today to learn more about our services and how we can assist you in reducing incidents and accidents in your workplace.

For more information on how Zenith Safety Consultants can help your business, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 021 010 0209.