Post-Incident Analysis: Best Practices for Conducting Thorough Construction Site Investigations

By: Jason Gudaitis

Construction sites are inherently risky environments, with numerous potential hazards that can lead to injuries or other incidents. When this occurs, conducting a thorough investigation is crucial not only for compliance and legal reasons but also for preventing future occurrences. Using this information, a well-executed post-incident analysis can provide valuable insights into the root causes of incidents and aid in developing effective strategies to enhance safety protocols.

A successful investigation captures the facts surrounding an incident so there is a record of what the scene looked like and what the witnesses observed, ideally, within 24 hours. A good investigation isn't meant to play the blame game or steer the investigation with leading questions. It's a fact-finding mission to provide as much pertinent information as possible to the client.

1. Providing Immediate Response

An immediate response using an experienced construction investigator is critical, arriving at the incident site and interviewing witnesses within a few hours. An investigation is meant to capture the scene as soon after the incident as possible and preserve any physical evidence that may be relevant, such as damaged materials or equipment. This includes pre-arrival communication with site managers to ensure the site maintains the integrity of the scene. This may include having the accident area cordoned off. Investigators should show up wearing PPE such as hard hats, safety vests, eye protection, and work boots. They'll also bring a good camera and a recorder for interviews.

2. Gathering Accurate Information

Collecting comprehensive data is essential for a thorough investigation. Taking photographs, videos, and sketches of the scene, as well as gathering physical evidence are important for any investigation. Investigators will also secure project documentation, including contracts, safety training and records, inspection reports, and maintenance logs.

Interviewing witnesses and parties involved promptly is crucial, as memories can fade over time. Employees who work in the area of the incident who are not witnesses must provide statements to ensure they don't become witnesses in the future. Investigators must ensure interviews are conducted in a professional and pleasant manner to encourage honest and detailed accounts.

Witnesses should be interviewed individually and, where possible, at the scene of the incident. If the witness talks or listens to others, they may become influenced by what they hear. A few of the important questions to ask include:

• How long have you been working in this area?
• What equipment and tools were you using?
• Were you familiar with this area/tools/assigned task?
• Why was today different/why did you get hurt? Can you break it down frame-by-frame into the mechanics of the accident?
• Were there any previous concerns about working conditions? If so, who were they reported to?

In addition, all possible avenues for the claimant to pursue a General Liability claim should be explored through the above-mentioned statements/documents. The investigator should always be attuned to potential subrogation against all entities that may provide contribution or relief. In short, the investigator must use all appropriate means of gathering all evidence to assist in the defense of the claim.

Using the same statements, documents, and photos, investigators look for subrogation and tenders while preserving critical evidence.

3. Assuring Quality

Once the investigator has completed the work on site, a detailed investigation status report is submitted to the client within 24 hours. This reporting process includes a management-level review to ensure the report meets the high standards set during training, as well as meeting any specific client requirements.

4. Final Product — Reporting to Client

A successful final product is a clear and concise report supported by facts. The report and any future updates are submitted to all relevant stakeholders, including the insured party, insurers, and legal representatives.

Complete and organized records of all investigation materials, including reports, evidence, and correspondence, should be maintained using a robust system specifically designed for investigative documentation. Gallagher Bassett Investigations (GBI) utilizes FileTrac.

Each investigation is unique, however when these best practices are applied consistently the outcome should produce a clear picture of proximate cause, liability, and risk transfer potential.

GBI provides the highest standards of service utilizing the best practices listed above. If you have any questions or would like to submit a claim, please reach out to us at gbts.inv.tcs@gbtpa.com