The post-fatality playbook

The post-fatality playbook

In the immediate aftermath of a demolition or construction site fatality, there are a number of things that should happen.

First and foremost, the family of the person killed should be contacted, consoled and supported.

Secondly, those on site at the time of the fatal accident should receive counselling.

The accident should be thoroughly and immediately investigated internally to ensure that there is no repeat within the company of the circumstances that led to the fatal incident.

The findings of that internal investigation should then be communicated to the industry at large to ensure that no-one else suffers a similar fate.

The investigating authorities can then go about their business in the usual snail’s pace manner.?? Meanwhile, the industry can go about its business knowing that any lessons that COULD be learned HAVE been learned; that it has taken care of its own.

That is what SHOULD happen in an ideal world.?? But the fact that people continue to be killed in the line of duty on demolition and construction sites proves beyond all doubt that we do not live in an ideal world.

So, rather than what SHOULD happen, let’s now take a look at what does actually happen.? And, just so you know, the things I am about to say now are not a fever dream or something created for editorial expedience or journalistic license.? They have all actually happened.?

First and foremost, since the victim is no longer with us, there is no scope for negotiating an off-record agreement whereby the injured party takes a vow of silence to minimise paperwork and administration and any closer scrutiny from investigators.? No RIDDOR report means the company can continue to claim an unblemished safety record.

In the event of a fatal accident, the family of the worker killed is often lied to.? They are told that one thing has happened when it turns out that is entirely untrue.? Either that, or they are kept entirely in the dark.

Those same families are often consoled initially, but any compassion slowly ebbs away.? As for support - and I mean both emotional AND financial - that is offered, sometimes provided, but generally with a bunch of caveats and contingencies.?? Any such support also quickly vanishes.?? Grief, loss and the hardship of losing a loved one and a bread-winner last; support, meanwhile, is often fleeting.

Fellow workers are offered counselling having witnessed an on-site fatality.? But there is an almost constant reminder of the need to get back to work.? Time, tide and construction waits for no man.

It is at this point that the real process moves contrary to the ideal process.? Rather than seeking to REVEAL the root cause of the fatality, there is a concerted effort to CONCEAL it instead.? And if the cause cannot be concealed due to the presence of a paper trail or - worse still - eye witnesses, there is then a concerted campaign of obfuscation.? The incident was an act of God; it was caused by inclement weather; it was the fault of someone else.? In fact, any explanation will do so long as it doesn’t contain the phrase “we accept responsibility”.

Yet even this is a cover; an act of subterfuge to distract from what is going on behind the scenes.? Because while the first thought of most people experiencing a fatal accident first-hand is to call for medical assistance, the first thought when this happens in a demolition or construction environment is to call the solicitor and to minimise the financial impact of the accident.

By some weird quirk of coincidence, the company involved in the fatal accident starts to leak assets to an existing sister company or to a new operation that suddenly springs up out of nowhere.? When the time eventually comes to pay any financial penalty over the fatal accident, the company responsible is financially depleted or has slipped quietly and strategically into administration.

This deliberate and thinly-veiled attempt at reducing the level of turnover-linked fine is indirectly aided and abetted by an investigation and prosecution system that moves at the speed of Continental Drift.

By the time any such incident comes before the courts, those responsible have shuffled the corporate deck to ensure that the company involved is all but worthless and, therefore, unable to pay the level of fine that would normally be expected.

Of course, while all this is going on, there is no sharing of information; no wider learning.?? We are told that all information is kept away from the public gaze to avoid prejudicing any subsequent prosecution that might follow.? Apparently, terms like “preliminary findings” and “non-disclosure agreements” are unfamiliar to those in the demolition and construction sector.

So rather than doing what is right by bereaved families and by workers; rather than doing what’s right by the industry sector; and rather than doing what’s right morally, many demolition and construction companies -deliberately or otherwise - do the direct opposite.

Families continue to grieve.? The industry fails to learn.?? Sites remain hazardous.?? And, worst of all, men and women continue to die.

Terrance Narkum

Operating Engineer at Local 150 Heavy Civil/Building/Rail/Gas

4 个月

Keep posting the truth! ??

John Hicks

Owner at Property Security Group Limited (PSG) and Scaffolding Alarms UK

4 个月

I keep coming back to this article by Mark. I have spent many years protecting construction sites, vacant property and demolition sites by providing out-of-hours security to deter and detect intruders. The challenges come from thieves, fly tippers and vandals with inquisitive children thrown into the mix. The resonance of Mark's article, which keeps drawing me back to it, is that a major reason for the demand for our services is to protect those intruders from themselves. In the past, if the sirens failed to deter intruders- the Police were a back up. Whilst a few Police Forces are responsive to intruders on private property. as soon as we say "demolition site" or "construction site" - or even worse, "scaffolding" - we know that are in for a long conversation. One refused to send officers to help remove youths off scaffolding in case the children ran away and fell off. Another, last week, refused to attend a demolition site as they couldnt make a Risk Assessment before coming. They cannot have regard for the safety of trespassers We now have to double down on our efforts to deter, detect and, if necessary, detain. But all these things cost money! demolitionguardian.co.uk

Dr. Yvonne Waterman LL.M FFAAM

Specialist (asbest-)aansprakelijkheidsrecht / (asbestos) liability law, Editor in Chief Global Asbestos Forum Magazine, President European Asbestos Forum, independent legal scientist, author, lecturer and global speaker

4 个月

A very interesting article, compliments Mark. Accidents are only part of the safety in the workplace problem, though bad enough in itself. Consider the fate of untold many workers who end up with ‘long tail’ asbestos cancers and dust diseases, such as silicosis. It can take decades after the exposure for these illnesses to occur. The link with the workplace is much vaguer then, the hue and cry much less… But no less fatal for that.

Pat Foley M.I.D.E

PJF Specialist Demolition & Asbestos Consultancy.

4 个月

Mark, I agree, to a degree to your comments, however; Having been a first hand witness to a tragic fatality of a very close colleague & friend a lot of years ago at work, that, by the way, I still suffer “Survivors Guilt” from ( for no other reason than it could have been one of 10 of us that lost our lives) & the aftermath that followed, I feel that you are simply “dramatising for your industry & your existence, obviously what you do to make a living”, I get that. I understand that your post encapsulates incidents that have happened but for effect, You are basically tarring all Contractors with the same brush. The particular Company involved in our incident that I worked for, for a lot of years & respected immensely, did not in any way behave in the way you have portrayed in your post. No cover up, no lies, absolutely transparency from all witnesses & victims, which we were, we all suffered & on some occasions, still do. I’m basically saying, there are some good employers out there that genuinely care & have integrity. Hope this makes sense & in a very minor way, actually makes me feel better for venting my feelings & thoughts. RIP my mate.

Ann Lynch Mackay

Social Care Worker at The City of Edinburgh Council

4 个月

It really is so hard to believe how true all this is. I have zero faith respect or trust in the justice system, basically the way the whole investigation has been and is being handled is a total disgrace

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