Submitted by Craig Martin, Construction Attorney with Lamson Dugan and Murray
Imagine yourself sitting with your team, maybe with your key supervisor over coffee or in the corner confer- ence room with the leadership team, and you’re discuss- ing day to day business operations. Your phone rings and you send it to voicemail. Another team member’s phone rings and she sends it to voice mail. Your phone rings again or the conference room phone rings and you decide that someone should finally answer this phone call. Tragedy has hit the job site--there’s been a fatality and the superinten- dent is calling asking out what he should do. Do you have a plan in place that can be quickly implemented to deal with the Law Enforcement, OSHA, the press, employees, the victim’s family, and all the other issues that have just crashed on your desk?
Unless you’ve planned for an emergency, it’s hard to effectively respond to a call like this. Sure, everyone wants to go to the jobsite to help. But, is that the most effective use of your resources? It’s much better to have an Emergency Response Plan that sets out the tasks that must be completed and assigns duties to employees to properly handle the situation.
Create an Emergency Response Binder An Emergency Response Binder is the red notebook that is kept in every executive’s office and in every job trailer. It should contain, at a minimum, the following: Key Contacts
Craig Martin is a construction attorney with Lamson Dugan & Murray, LLP law firm and is a member of the collaborative Johnson Team. The Johnson Team consists of a collaborating group of specialists serving LICA members on matters of significance – planning, protection, and preserva- tion of their businesses and families. If you have any questions, Craig’s e-mail is cmartin@ldmlaw.com
Imagine yourself sitting with your team, maybe with your key supervisor over coffee or in the corner confer- ence room with the leadership team, and you’re discuss- ing day to day business operations. Your phone rings and you send it to voicemail. Another team member’s phone rings and she sends it to voice mail. Your phone rings again or the conference room phone rings and you decide that someone should finally answer this phone call. Tragedy has hit the job site--there’s been a fatality and the superinten- dent is calling asking out what he should do. Do you have a plan in place that can be quickly implemented to deal with the Law Enforcement, OSHA, the press, employees, the victim’s family, and all the other issues that have just crashed on your desk?
Unless you’ve planned for an emergency, it’s hard to effectively respond to a call like this. Sure, everyone wants to go to the jobsite to help. But, is that the most effective use of your resources? It’s much better to have an Emergency Response Plan that sets out the tasks that must be completed and assigns duties to employees to properly handle the situation.
Create an Emergency Response Binder An Emergency Response Binder is the red notebook that is kept in every executive’s office and in every job trailer. It should contain, at a minimum, the following: Key Contacts
- Staff members, with cell phone numbers, that need to be notified in case of an emergency, including: Safety Director, Owner, Key Personnel, Insurance Agent, Legal Counsel
- Chain of Command: This section should explain who oversees the post-accident work site. This could be the Superintendent, Executive or Safety Director. But, the hierarchy needs to be established.
- Tasks: Secure the job site, Investigate the accident, Prepare an accident report, Prepare preliminary statement for the press, Contact the deceased’s family Notify insurers, Preserve physical evidence involved in the accident, such as tools or equipment. Contact Law Enforcement, Contact OSHA.
- Safety Director is responsible for interaction with Law Enforcement; notifying OSHA; and accompanying OSHA on the inspection.
- Executive responsible for dealing with the press and is the ONLY employee that talks to the press.
- HR Director is responsible for contacting the deceased's family and engaging a grievance counselor to work with employees.
- Superintendent is responsible for securing the job site and photographing/recording the job site.
- Project manager is responsible for gathering employees and keeping them together immediately after the accident.
- Site Supervisors are responsible for all employees to determine whether any are missing.
- Legal Counsel is responsible for interviewing employees and preparing an accident report.
- The importance of securing and investigating the site.
- Photos of the accident. Employees should not take photos and should not post ANYTHING on social media about the accident.
- The Press. Who should talk to the press? What to do if the press contacts you?
- Post-Accident Employee Activities. Accident debrief will take place at the office. Employees may be interviewed about what they saw. Will the company be providing grievance assistance for employees?
- OSHA Investigation
- Return to work
Craig Martin is a construction attorney with Lamson Dugan & Murray, LLP law firm and is a member of the collaborative Johnson Team. The Johnson Team consists of a collaborating group of specialists serving LICA members on matters of significance – planning, protection, and preserva- tion of their businesses and families. If you have any questions, Craig’s e-mail is cmartin@ldmlaw.com