One of the employer’s obligations in the event of an accident at work is to appoint a post-accident team to determine the circumstances and causes of the event. The composition of the team depends on the way the occupational health and safety service is organized in the workplace.

If an employer with an occupational health and safety service (employing more than 100 employees) cooperates with the post-accident team of a social labor inspector, this team includes an employee of the occupational health and safety service and a social labor inspector. However, if the employer is not obliged to establish an occupational health and safety service (employs from 10/20 to 100 employees), the composition of the post-accident team, depending on the solution adopted, may include an employee entrusted by the employer with the tasks of the occupational health and safety service, or a specialist from outside the plant. If the employer personally performs the tasks of the occupational health and safety service, he or she may also be a member of the post-accident team. In a situation where there is no social labor inspection in a given plant, the employee representative in the post-accident team is an employee with a valid certificate of completion of appropriate training in the field of occupational health and safety. If, due to the number of employees, the employer cannot establish a two-person post-accident team, the team may include the employer and a specialist from outside the plant.

Until the circumstances and causes of the accident are clarified, the employer is obliged to secure the place of the accident in such a way as to:

• Prevent unauthorized persons from accessing the accident site.
• Prevent starting machinery and other equipment that has been stopped due to an accident.
• Do not allow any changes in the position of machines, other technical devices and other items important for determining the course of the event.

Starting up machines, devices and making changes at the accident site may take place with the consent of the employer, after prior agreement on this matter with the social labor inspector and after conducting an inspection, drawing sketches and taking photographs of the accident site.

In the event of a fatal, serious or collective accident, the decision on consent is made by the employer after prior consultation with the district labor inspector and the prosecutor. In the event of an accident at a mining plant, the employer must additionally obtain consent from the mining supervision authority.

The post-accident team’s task is to precisely determine the circumstances and causes of the accident, and, based on the information collected, to assess whether the event can be classified as an accident at work. In addition, the team should propose measures that may help avoid similar accidents in the future.

In the process of determining the circumstances and causes of the accident, the team should:

• Conduct a detailed inspection of the accident site, assess the technical condition of machines and other technical equipment, check the condition of protective devices and examine work conditions and other factors that could have influenced the accident.
• If necessary, make a sketch or take photos of the accident scene.
• Listen to the injured person’s explanation, if his or her health condition allows it.
• Collect information from accident witnesses regarding the incident itself.
• Consult a doctor if necessary, obtain opinions from other specialists that are important for assessing the type and consequences of the accident.
• Collect any other available evidence related to the accident.

Source: CIOP and PIB materials

Source:https://www.seka.pl/powolanie-zespolu-powypadkowy/

Supported by Norway through Norway Grants 2014-2021, in the frame of the Programme “Social Dialogue – Decent Work”.