Legalities – Reporting – Prevention – Records – Litigation – Discovery – Privilege

Accidents and incidents occur in every sector, but the real risk to an organisation arises when they are poorly managed in the minutes, days and months that follow. Organisations must be able to demonstrate that accidents are properly reported, investigated, documented and learned from. Failure to do so will increase the likelihood of repeat incidents, but also exposes employers to significant civil, regulatory and reputational risks. This course will provide a clear, step-by-step framework for managing accidents and incidents from the moment they occur through to potential litigation. We will look at statutory and managerial responsibilities, how liability arises, when to notify insurers and how to deal with An Garda Síochána and the HSA. The course will examine scene preservation, CCTV and GDPR considerations, witness interviewing, root cause analysis, report writing, record retention, privilege, discovery, and the common mistakes that weaken an organisations defence in court.

Participants will receive practical templates, checklists and guidance for immediate use in investigations along with the opportunity to raise real-life issues relevant to your organization.

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“Brilliant Course - information shared, course content was extremely interesting, really informative and really enjoyed it, took loads of learning from the day – course was so helpful” - Emer Power, Health & Safety Officer‍

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“Very Informative course, Very Well presented by Sharon. Really enjoyed it” - Katherine Drumm, H&S Committee

Topics

Accident Management – The Legal Framework – What You Must Get Right

• Statutory Duties
• Safety, Health and Welfare at Work Act 2005
• Reporting obligations under health and Safety Authority
• Role of An Garda Síochána

Civil Liability

• Public vs employer vs vicarious liability
• Impact of the judicial Council Act 2019 and Personal Injury Guidelines (Post-Book of Quantum)
• Subcontractor responsibility issues
• Is there a statutory duty to investigate?
• Who is responsible on site
• Medical expense payments – goodwill vs admission?
• When must insurers be notified

The Investigation Process – Step by Step

• Immediate Response
• Scene preservation
• Medical treatment vs control of injured party
• Securing CCTV (GDPR Considerations)
• When to notify HAS / Gardaí / Insurer

Evidence Gathering

• Timescales
• Photo, diagrams, measurements
• Inspection of locus
• Dealing with plaintiffs at the site meeting – what to ask / what to avoid

Root Cause Analysis

• System failure vs individual blame
• Avoiding hindsight bias
• Simple RCA model participants can use

Exercise – Fall Scenario – best practice handling and reporting the incident

Interviewing witnesses & Involved Parties

• Planning the interview
• Order of interviews
• Employees vs members of the public
• Dealing with distressed staff
• Handling suspected drugs / alcohol situations
• Interviewing sub-contractors
• What to ask a plaintiff (without prejudicing position)
• Creating defensible statements
• Structured interview checklist

Documentation, GDPR & Litigation readiness

• Accident report forms – what must be included
• Best Practice in notetaking
• Photos & diagrams – when are they necessary
• Retention timeframes
• Discoverable Risks
• Privilege – when does it apply? - Claims of privilege over investigation reports
• Data protection & CCTV disclosure
• FOI Considerations

Writing the investigation Report

• Structure of a strong report
• Findings vs opinion
• Causation
• Recommendations that are legally safe
• Linking to risk assessments and prevention
• Avoiding admissions
• How much detail is enough?
• Common errors managers make at senior level

Irish Litigation Context

• What insurers look for
• Common Mistakes that damage defence
• What not to write in an accident report

Managing External Stakeholders & Proceedings

• HAS Inspections & improvement/prohibition notices
• Garda involvement
• Insurer Interaction
• Civil Proceedings
• Criminal Proceedings
• Preparing for court
• Historical claims
• Increased litigation trends

Who Should Attend?

This course will be of huge benefit to anyone with responsibility for accident management or incident investigation for both internal and external cases.

Certification

On completion of this one-day training course, you will receive your Certificate of Attendance. Please note certificates are issued at the close of the training course to participants on completion of the course.

This course may qualify for CPD points. Please check directly with your association or awarding body to see how many points they will award.

Cost

An ‘Early Bird’ discounted rate of €545 is currently available. This training course normal rate is €645. Places are limited and are allocated on a first come first served basis.

Please note the early bird discount can close sooner than expected once a certain number of places fill up, therefore your prompt booking is strongly advised to avoid disappointment.

CMG Training Discount

• 10% discount for the third delegate booked or subsequent bookings thereafter from the same company.

The course cost includes all course notes and Certificate of Attendance.