Safety Tidbit 3.43 - Auto Accidents - Do we - Report, Record, Investigate

Safety Tidbit 3.43 – Auto Accidents – Do we - Report, Record, Investigate

Reference:       OSHA Recordkeeping

A worker arrived at the home office very early in the morning to get the company vehicle and drive to the jobsite which was a few hours from the home office. The worker worked a full shift then proceeded to drive back to the office to drop off the company vehicle. On the way back to the home office the worker was killed in an automobile accident.

First question from the client, must they report the fatality to OSHA? Second, must they record the fatality on their Injury/Illness log? A better question, what caused the accident and the loss of a worker? Note: The employer was advised that they did not need to report the incident to OSHA.

The first question is easy (or is it?). All employers are required to notify OSHA within 8 hours when an employee is killed on the job. OSHA explains that employers do not have to report an event if it:

·      Resulted from a motor vehicle accident on a public street or highway (except in a construction work zone);

·      Occurred on a commercial or public transportation system, such as airplane or bus;

·      Involved hospitalization for diagnostic testing or observation only.

Well I guess the answer to our question seems to be “yes” but is really “no.” Letting OSHA know isn’t a bad idea however, other federal agencies are already responsible for taking care of incidents on the highways.

Second question, does the incident get recorded on the company Injury and Illness Log?  OSHA requires each employer required by this part to keep records of fatalities, injuries, and illnesses must record each fatality, injury and illness that:

·      Is work-related [1904.4(a)(1)]

·      Is a new case [1904.4(a)(2)]

·      Meets one or more of the general recording criteria of §1904.7 or the application to specific cases of §§1904.8 through 1904.12 [1904.4(a)(3)]

I think we can agree that this is work-related. It’s a new case and meets 1904.7 “You must consider an injury or illness to meet the general recording criteria, and therefore to be recordable, if it results in any of the following: death, days away from work, …”  Therefore, I think we can answer, the incident needs to be recorded on the employer’s Injury/Illness Log.

Now, since we’re health and safety professionals, let’s look at the last question that I posed above. What caused the accident and the loss of a worker? Remember the purpose of recording incidents on the injury/illness log is not only to track injuries but ultimately, but ultimately to investigate to determine what can be accomplished to keep similar incidents from happening again by learning from the past.

Let’s look at the scenario again (the times are approximate). The worker left his home at 4 AM drove two hours to the home office (6 AM) to pick up the company truck, drove two hours to the site (8AM), worked a ten-hour shift (6PM), drove two hours back to the home office. The worker became fatigued and dosed off at the wheel causing the accident (from the police report – driver fell asleep at the wheel). Final question: Should the employer have had a policy or procedures to help reduce or at least identify work fatigue?

Hope this was helpful and thank you for reading my Safety Tidbits! Comments and questions are always welcome. ~ Bryan

P.S. If you have an interesting safety or health question please let me know.