Working in a warehouse has an inherent number of risk factors. It’s a fast-paced environment with moving vehicles, goods stored on multiple levels, trip hazards and possibly harmful substances. Employers have a duty to provide a safe working environment for their employees but, while there are many regulations governing the industry, many of the health and safety guidelines are just that – guides, which can be interpreted and implemented – or not – by the warehouse operator.
Of course, it is in the interests of employers and employees to identify risks, assess the degree of risk and implement procedures to reduce it. Accidents can cause distress to victims, their families and their colleagues, as well as affecting productivity. Unfortunately, in some cases it takes an incident to raise awareness of an issue. If that incident involves a serious injury or fatality, it is a devastating event for all concerned. HSE statistics show that there were fourteen fatalities in the transport and storage industry in 2016/17. The majority were hit by a moving vehicle, with falling from height and being struck by a moving object the equal second most common causes.
After a Major Warehouse Accident
When a serious accident happens, the victim is obviously the first concern, with an ambulance being called and first aid applied by a qualified person where appropriate. But the safety of others in the vicinity also needs to be taken into account, depending on the cause of the accident. For example, if it was electric shock, the power should be isolated; where racking has collapsed or goods have fallen from height, is there a danger of further injuries?
The area should be cordoned off with only authorised and qualified personnel permitted to enter. This is not only for safety but also to preserve the scene for the subsequent investigation. Taking photos of the scene can be useful. Others who were involved in or witnessed the incident should be identified and asked for statements, if they are able, while the details are fresh in their minds. However, this is not always possible as they might also be suffering from shock.
The Emotional Impact
Any accident resulting in a fatality or life-changing injuries can have a wide ranging emotional impact. Immediately after the incident and in the following days, those who witnessed it could experience many emotions: shock; grief; anger at who may have caused it; guilt at not being able to prevent it; fear of it happening to them; a sense of loss or helplessness. In these cases, the employer could arrange counselling as just talking through their feelings can sometimes help.
Of course, the worst impact is on the family of the victim. Coming to terms with the loss or possible physical impairment or disfigurement of a loved one takes a long time. And it is not only the emotional distress but, where the victim was the main source of income for the household, they can also be facing a severe financial burden.
Investigation of a Warehouse Accident
It is important to determine the cause of any accident in order to prevent a recurrence, but when it results in death or serious injury it becomes imperative. Depending on the size of the business, an investigation of this type should involve, senior management, supervisors, health and safety professionals, union or employee representatives and relevant members of the workforce.
An employer might be tempted to half-heartedly investigate, or worse, cover up the cause of an accident. This would be very short-sighted as, in the event of legal or civil action being taken, showing that a full and transparent investigation has been carried out and action taken to reduce the risks, would show the company in a positive light,
There are five elements of investigating an accident: reporting, information gathering, information analysis, identification of risk control measures, planning and implementation of control measures.
Reporting
Following a serious warehouse accident, the employer must by law report it to the HSE (Health & Safety Executive) within 24 hours by phone or online. An official accident report form should then be submitted within seven days. The law relating to this is RIDDOR (Reporting of Injury, Disease and Dangerous Occurrences Regulations).
Information Gathering
The process of information gathering should begin with interviewing those involved, witnesses and supervisors in the area. It is necessary to know what the sequence of events was leading up to the incident. This is important as, while the immediate cause of the injury may be apparent, it could have been an earlier failing that led up to it. It should be ascertained as to whether equipment was in use and if it was operating and being operated correctly at the time.
Information Analysis
The gathered information needs to be scrutinised to determine the root cause of the incident. For example, the immediate cause of the injury might be a pallet of goods falling from racking. But did it fall because of faulty racking, had the pallet not been placed on the rack safely by a forklift driver or was the pallet badly stacked causing it to be unstable.
Risk Control Measures
Once the underlying cause of an accident has been determined, it is possible to identify measures that can control the risk of the same type of event happening again. The measures could involve staff training, enhanced safety and maintenance routines or improved protective clothing.
Implementation of Control Measures
Planning the implementation of the measures should again involve all the relevant workers. Once implemented the control measures need to be monitored to ensure they are being effectively enforced.
Fatal Accidents Claims
The company are obliged to make the findings of their investigation available to the family. Where a warehouse operator is deemed to be directly or indirectly responsible for a workplace fatality it may be possible for the family of the victim to make a claim. A solicitor can advise on how to claim for fatal accident compensation which can be done on a no win no fee basis to minimise the financial hardship.
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