Workplace Incident
Investigation
Independent investigation of workplace incidents by a Chartered OHS Professional. Evidence-based findings on what happened and why, with practical corrective actions. Available to organisations directly and to lawyers and insurers, across Australia.
Why an Independent Investigation
After a serious incident, an organisation needs to understand what happened, why it happened and what will stop it happening again. Internal investigations are often run by people who manage the area, wrote the procedures or know the people involved. That makes system failures harder to see, and the findings harder for others to accept.
Karim Ali brings an outside view and more than 20 years of high-risk industry experience. The investigation looks past the immediate act to the conditions, systems and decisions that allowed the incident to happen, and each finding is tested against the evidence.
The result is a clear account that management, workers, insurers and the regulator can rely on, with corrective actions that are proportionate and practical. Where an incident is already the subject of a claim, see Causation Analysis and Document Review for the expert witness side of this work.
If Karim investigates an incident for your organisation, he usually cannot later act as an independent expert witness in proceedings about the same incident. Potential conflicts are checked before an engagement is accepted.
When an Independent Investigation Helps
- A worker or member of the public has been seriously injured
- A notifiable or dangerous incident has occurred
- A near miss had the potential to cause serious harm
- The regulator has issued a notice or is making enquiries
- Similar incidents keep happening despite earlier corrective actions
- Contractors, labour hire workers or several businesses are involved
- The internal investigation has stalled or its findings are disputed
- Officers or the board want independent assurance about what went wrong
Investigation Process
Each investigation follows a structured process scaled to the seriousness and complexity of the incident. Terms of reference are agreed at the start, so everyone knows what the investigation will and will not cover.
-
Scope and Terms of Reference
The incident, the questions to be answered, timeframes, reporting lines and confidentiality arrangements are agreed in writing before work begins.
-
Evidence Collection
Photographs, CCTV, plant records, procedures, training records, permits, risk assessments and maintenance history are gathered and secured. For a notifiable incident, the site is left undisturbed as the WHS laws require until an inspector arrives or directs otherwise.
-
Interviews
Injured people, witnesses, supervisors and managers are interviewed fairly and consistently. The aim is to understand what people saw, knew and were expected to do, not to apportion blame.
-
Timeline and Reconstruction
A timeline of events is built from the interviews, records and physical evidence. Where it helps, the task is walked through or reconstructed at the site.
-
Causal Analysis
A systems-based analysis identifies the immediate causes, the controls that were missing or failed, and the underlying organisational factors. Each finding is linked to the evidence that supports it.
-
Report and Corrective Actions
The report sets out the findings and recommends corrective actions ranked against the hierarchy of controls, with owners and timeframes. Findings can be presented to management or the board.
What the Investigation Examines
Incidents rarely have a single cause. The investigation examines each layer of the system that should have prevented the incident.
What the work involved, how it was actually being done on the day, and the physical conditions at the site, including layout, access, lighting and housekeeping.
The condition, guarding, maintenance and suitability of the plant, tools and equipment involved, including any modifications or defects.
Procedures, risk assessments, SWMS, permits and isolations, and whether they matched the work as it was really done.
Whether the people involved had the training, experience, instruction and supervision the task required.
How work was coordinated between the business, contractors, labour hire providers and other duty holders. See also contractor WHS system reviews and contractor management expert evidence.
Earlier incidents, warnings and audit findings, resourcing, production pressure, change management and how safety information reached decision makers.
Investigations for Businesses
Karim works directly with businesses, principal contractors and asset owners that need a credible investigation without delay. Where it suits, the work is done alongside your own team so your people build investigation skills as the matter progresses.
Deliverables are agreed at the outset and typically include:
- An investigation report with findings and supporting evidence
- A corrective action plan with owners and timeframes
- A briefing for officers and the board
- Support with regulator correspondence
- A follow-up review of corrective actions
Investigations Through Solicitors
Solicitors and insurers can commission an independent investigation of an incident, or a review of an organisation's own investigation. Where the work supports legal advice, the instructing solicitor can structure the engagement with legal professional privilege in mind.
Where expert opinion evidence is needed for proceedings, see Expert Witness Reports.
- Independent investigation of a workplace or public incident
- Review of an internal investigation report
- Assessment of corrective actions taken after an incident
- Early analysis to inform claim management
-
Will the investigation decide who was at fault?
No. The investigation identifies what happened and why, including the system and organisational factors involved. It does not decide legal liability or recommend disciplinary action. Where individual actions are relevant, they are described factually and in context.
-
Can you investigate while the regulator is involved?
Yes. An independent investigation can run alongside a regulator's investigation. Care is taken not to disturb a preserved site or interfere with the regulator's enquiries, and timing is discussed with your legal advisers.
-
Will the report be privileged?
That depends on how and why the investigation is commissioned. If privilege matters, engage Karim through your solicitors so they can structure the engagement. Whether privilege applies is a question for your lawyers.
-
How long does an investigation take?
It depends on the seriousness of the incident, the number of people to interview and how quickly records can be obtained. A timeframe is agreed in the terms of reference, and urgent matters are prioritised where possible.
-
Can you be our expert witness about the same incident later?
Usually not. Having investigated the incident for one party, Karim's independence as an expert witness on that incident could be challenged. If litigation is likely, raise it at the outset so the right type of engagement is chosen.
Discuss an Incident Investigation
Contact Karim Ali to discuss the incident, confirm independence and agree the scope of the investigation.