Element element element element element moral, legal and financial arguments for investigations The legal argument

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NEBOSH HSE Introduction to Incident Investigation
7
1.1
ELEMENT 1.1
ELEMENT 1.3
ELEMENT 1.5
ELEMENT 1.2
ELEMENT 1.4
Moral, legal and financial arguments for investigations
The legal argument
Although incident investigation is not explicit in legislation, 
organisations in many countries will have a legal obligation to 
carry out ‘suitable and sufficient’ risk assessment. In the UK, 
this duty falls under the Management of Health and Safety 
at Work Regulations. An incident that goes un-investigated 
would potentially show that the risk assessment for that 
work activity was not suitable and sufficient. However, even 
where there is no legal duty to investigate or carry out a risk 
assessment, it is still good practice to do so. 
The penalties in terms of fines and imprisonment apply to 
both individuals and organisations who do not operate within 
the law. Investigating effectively can demonstrate to the courts that you are taking steps to ensure a similar event cannot occur 
again.
There are differing standards of health and safety around the world. However, organisations that cause harm to workers may 
have to fully disclose the circumstances surrounding an incident, especially where enforcement agencies/injured parties are 
looking to take legal action or seek compensation.
As mentioned earlier, certain categories of injury or incident are legally reportable. In the UK, this falls under RIDDOR.
Categories of injury or incident that are usually reportable are:
y
fatalities;
y
specified injuries;
y
injuries causing more than seven days' absence from work/normal working duties;
y
occupational diseases; and
y
dangerous occurrences.
Fire resulting in the stoppage of production for more than 24 
hours is classed as a dangerous occurrence in the UK
Where the regulators are involved in the incident 
investigation, the regulator will normally be responsible for 
giving the all-clear for the incident site to be restored to its 
normal condition. In the UK, in the case of a fatality, it will 
be the police who must give the all-clear for the site to be 
restored to its original condition. When an incident occurs:
y
organisations must take steps to ensure that the 
evidence and scene are not disturbed until permission is 
given by the relevant authority;
y
the internal investigation may continue alongside any 
external enquiry.