Recovery From A Work-Related Death

Submitted by Pat Kerr, Quarry Manager, Northern Quarries

I arrived on site early and started to read the seminar notes and hand-outs. Even at this stage after you have read some of the literature, you feel as if you have to re-evaluate your position and implement everything that is already in your system, in an attempt to ensure that you are never put in the same position. 

Before the seminar started, I wrote in my notes that I felt one of the most effective ways to reduce the chances of a fatality occurring was to more stringently police and monitor our daily reports and forms. This would attempt to reduce the chances of any dangerous situations arising. On top of this, I feel strongly that there is an important role to be played by the Managers and Leading Hands, to ensure that the rules on our site are not being broken. The only effective way to ensure this is to physically monitor the situation in the field at all times. This was highlighted by the comments made by a person at the seminar who had had a death occur in their workplace. He explained how ‘what is said and what is done can often be two different things.’ As soon as an employee goes through the gates, no matter what, it is the company’s responsibility to ensure that whatever they are doing, they are doing it correctly. If an employee does something which is against the rules, it is still the company’s responsibility to ensure that such an event cannot happen.

 John Bottomley studied six different companies which have had fatalities. He has come up with the following common lessons and occurrences.

 1. Social costs

For example, approximately one to two resignations occur immediately after a fatality. A further two to five generally resign within the next five weeks. An increase in absenteeism also occurs on both sides of the ledger, both within the employees and management.

Industrial activity can also increase, along with strikes and vandalism as people vent their grief. Other safety issues are also immediately drawn in, causing massive negative effects on the day-to-day running of the company. There is often an increase in conflict between management and staff. There can also be conflict between staff members, and within management itself. It was found to be crippling when the directors were husband and wife. Disruptions were caused by public stigma, and there was a definite loss of self-esteem and poor morale in the companies.

 2. Personal costs

These included emotional stress, a dramatic increase in physical illness, and increased pressure on both work and family relationships. In general, it was found that a death in the workplace can cause long-term harm to the health and safety of everyone.

 3. Economic costs

Including increased premiums, legal costs and fines, loss of productivity and market, and finally the introduction of new OH&S systems. It was found that on average, for every eight companies suffering a fatality only two survived, and that the average total costs were $425,000. In one instance the costs totaled over a million dollars.

The employer then has to overcome barriers such as WorkCover prosecution, the Coronial inquest, exposure to the traumatic incident, feeling stressed or overwhelmed, and feeling alone. The added WorkCover attention on non-related issues also causes a problem on the road to recovery. The legal advice provided can cause problems. For example, it can be suggested that the employer doesn’t talk to the other parties. This includes the family of the deceased, which immediately alienates the two parties. Often the family will only want to know what went on, and what is going to happen in the future, so that they are assured their family member did not die in vain. This was highlighted by an example given by a company at the seminar. In their experience, being open and honest with the family worked in their favour, with respect to the fact that the father of the victim still works with the company.

Other barriers include not knowing how to help the company’s employees who had witnessed the incident. The stigma and shame generated by WorkCover publicity affects managers and employees. The impact of legal action often acts towards poisoning any relations with the bereaved family.

Changes also need to be made within the business. These would involve making strategic business decisions, for example, down sizing. Achieving improved business results and working hard are important aspects, as they often act as a relief mechanism for people involved in such a tragic event.

Unfortunately there is no real indication on how to proceed after such an event. One of the people at the seminar encountered a dilemma in which after the accident occurred they made a safety video on the incident. The company found it difficult to decide when to play it and who in the company would be ready to see it. John suggested that there is no right or wrong time, and anything done in an attempt to avoid another fatality is worthwhile. The most helpful strategies in recovering from a work related death were found to be the help and support of others, and support from your family. Events of closure, counseling, visiting the family of the deceased shortly after the incident, supporting managers with stress and family issues, and allowing people to resign if necessary, are other possible strategies.

Industry – Government Partnership

Improved OH&S outcomes for the industry results in improved support and information to companies, managers, employees and the bereaved family in responding to trauma, leading to improved recovery for all parties as well as improved WorkSafe investigation and prosecution procedures. Support for both of the above points would be positive.

It was the experience of several parties that at no stage should the victim be blamed for the event, or the circumstances leading up to the event. Being positive and proactive with the investigators, even though at times can be extremely challenging, is also extremely important.

To finish up we carried out group discussions on personal experiences and the barriers to recovery, and what has to be done to make it a more humane and fair system. It was interesting to note a couple of things here. The first was the need for a guardian angel when a fatality occurs, to assist in rational and sensible decision-making. What appears to happen is the CEO, directors and managers are not capable of coping with what is involved when an event like this occurs. For example, WorkCover Black Hats (Site Accident Investigators) and White Hats (System Investigators) and their directions and recommendations, the requirements of the family and media, legal requirements, and in our case DPI requirements as well.

Another point is to ensure that the employees are well versed on their rights, and have plenty of support during their interviews. One company found it very helpful to have an independent person take written statements straight away from everybody involved. The involved parties then signed them and gave these statements straight back. This helped those involved to remain clear on the sequence of events as time went by. It also helped to ensure the events/facts were not changed.

Could You Deal With Such A Situation in Your Workplace?

For assistance in dealing with a fatality in your workplace, or for more information, you may wish to contact one of the following:

CMPA

The CMPA currently has available:

“A death in your workplace—a guide for employers.”
“A workplace death in the family—support for families and workmates.”

Ph: (03) 9745 2132
Fax: (03) 9745 2586
Email: enquiries@cmpavic.asn.au

WorkSafe

Web: www.worksafe.vic.gov.au/

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