Investigations of Motor Vehicle Accidents on Public Roads - IPG-066

1. Subject

To provide guidance to Managers and Health and Safety Officers (HSOs) on the investigation of motor vehicle accidents (MVAs) on public roads.

This IPG applies only to investigations of hazardous occurrences involving vehicles traveling on public roads, that result in fatalities or injuries to employees. Investigation pursuant to this IPG may be conducted by one HSO.

All other hazardous occurrence investigations, including those involving vehicles that are either stationary (i.e. during loading) or traveling on private property, shall be conducted in accordance with either OPD 935-1 Hazardous Occurrence Investigations and Reporting, or 935-1-IPG-067 Investigations of Non-work Related Fatalities.

2. Issue

Two changes to the Canada Labour Code Part II in 2000 relate directly to work place deaths and MVAs on public roads.

Subsection 141.(4) requires HSOs to investigate every death of an employee that occurs in a work place or while the employee was working, and subsection 141.(5) requires HSOs to obtain a copy of any police report related to a work place death resulting from a MVA on a public road.

However investigating MVAs on public roads presents unique challenges. Paragraph 127.(2)(b) allows these accident scenes to be disturbed without the authorization of a HSO. As a result, despite the employer's duty under section 15.5 of the COHS Regulations to notify a HSO as soon as possible but within 24 hours of becoming aware of the death or serious injury an employee, by the time notification is received, the accident scene often has been disturbed to the point that it may not be worthwhile for the HSO to attend.

In addition, except for subsection 14.4(4) of the COHS regulations relating to vehicle bulkheads, there are no specific regulations governing the operation of motor vehicles on public roads.

Given all the above, it is necessary to establish the extent and depth of hazardous occurrence investigations required to be conducted by HSOs for public road MVAs.

3. Questions

1. Which public road MVAs should be investigated by HSOs?
2. Which region would investigate an MVA that occurs in a region where the employer has no sites, or in the United States?
3. Would we investigate a MVA involving a foreign (American) employer in Canada, with no work sites in Canada?
4. What information should be gathered in the course of the investigation?
5. What is the format of the investigation report the HSO is required to produce?

4. Conclusions

1. Which public road MVAs should be investigated by HSOs?

   A public road MVA is a work place accident if it occurs in the course of employment. Therefore in accordance with 141.(4) all fatal MVAs that occur while an employee was working shall be investigated by a HSO.

   For other public road MVAs having a result identified in COHS Regulation 15.5 (other than the death of an employee), an investigation is initiated in accordance with OPD 700-3 Priorities For Interventions - Group A.

2. Which region would investigate a MVA that occurs in a region where the employer has no sites, or in the United States?

   MVAs are to be investigated by the Labour Program region where they occur, even if the employer does not have a site in that region. In these cases the investigating HSO may contact the employer directly to obtain the necessary information, and may also seek assistance from the region where the employer's work place is located. The hard copy assignment file would remain in the region that did the investigation. MVAs that occur in the United States are to be investigated by the region where the employee reported for work in Canada.

3. Would we investigate a MVA involving a foreign (American) employer in Canada, with no work sites in Canada?

   No. We would not have jurisdiction to investigate these MVAs although we may be asked by US-OSHA to assist in their investigation.

4. What information should be gathered in the course of the investigation?

   Perhaps the most helpful piece of information will be the attending police authorities' reports, where available. Typically, these reports will provide information regarding weather and road conditions, condition of the vehicle, witnesses and even the circumstances around the accident. HSOs should contact the local police and other authorities ASAP to determine if they are investigating the MVA, and to request a copy of their final report. If there is a cost associated with obtaining these reports, the HSO must obtain approval from the Manager before obtaining the report.

   If the MVA results in an employee fatality, the HSO is obligated by subsection 141.(5) of the Code to obtain a copy of any police report, as soon as possible. In addition the Medical Examiner/Coroner's reports regarding the cause of death and toxicology should be requested in writing as soon as possible. However, Medical Examiners/Coroners are not required to provide HSOs with copies of their reports and may refuse to do so.

   If the HSO obtains Coroner or Police reports containing evidence of alcohol, prescription drug, or illicit drug use, the HSO must treat this information in accordance with OPD 900-2 Substance abuse intervention.

   Vehicle maintenance records, employee training records, driver's license, bills of laden, and the employer's hazardous occurrence investigation report are sources of information that should be considered, and obtained from the employer. If the driver's log book has been taken by another investigating agency, the HSO should attempt to obtain a copy. Log book hours can be compared against the allowable hours under the National Safety Code (NSC), and possibly used to substantiate a violation of section 124, but we cannot enforce the NSC.