Rapid Response

Fatality at work

It is imperative that businesses respond appropriately to any fatality incident. Procedures should be set out within a protocol and should include the following key steps:

  • Immediately activate a fatality communication to the internal fatality team and other persons specific to the incident location.
  • Seek to ensure the safety of all persons at the scene of the accident. The scene or relevant equipment may remain unsafe and requires immediate attention by trained individuals.
  • Notify the police and relevant regulatory authority. The police will initially treat the area as a crime scene. When regulatory authorities arrive, trained personnel should fully brief them on site health and safety issues.
  • Nominate an individual to be the point of contact with the police and the relevant regulatory authority. Ensure that the internal team and any witnesses know who that person is.
  • Where permitted by local law or custom, arrange for the internal legal team and/or your external lawyers to attend the site to act on behalf of the company.
  • Where permitted by local law or custom, seek to agree on ground rules with the regulatory officers regarding witness statements or interviews as well as managing documentation review. Do not obstruct the regulatory officers in any way and ensure that legal representation on behalf of the company is available at all times.
  • Consider whether separate legal representation should be obtained on behalf of any relevant parties or witnesses.
  • Appoint internal team members and internal and/or external lawyers to oversee any document review by the regulatory authorities. Where permitted by local law or custom, copy any documents the regulatory authority intends to remove and set up a full audit trail.
  • If the regulatory authorities need to test any equipment, it may be necessary to appoint an independent expert on behalf of the company to undertake the same testing in case there is any dispute about this down the line.
  • Set up a press team to coordinate all press enquiries and external communications. Ensure that all employees are aware that any requests for information should be directed to the designated person. Your in-house PR team is likely to be able to benefit from extra assistance in this specialist operation.
  • The internal investigation team should launch an investigation (as soon as appropriate) into the circumstances surrounding the fatality and in due course plan to report to the board and take appropriate actions.

We can help you prepare protocols and procedures to deal with fatality incidents or to stress-test those already in place. Our team will also be on hand 24/7 through the Rapid Response System to help you wherever and whenever we are needed.

This website provides a general overview and discussion. It should not be used as a substitute for taking legal advice in any specific situation. Please contact a member of our team for specific enquiries.