Investigations of Non-work Related Fatalities - IPG-067

1. Subject

To provide guidance to Managers and Health and Safety Officers, (HSO) on the investigation of fatalities that appear to be non-work related.

This IPG will address employee medical conditions and suicides, but not cover acts of violence which shall follow OPD 935-1 Hazardous Occurrence Investigations and Reporting.

Hazardous occurrence investigations, involving motor vehicles on public roads shall follow 935-1-IPG-066 Investigations of Motor Vehicle Accidents on Public Roads.

2. Issue

There have been cases where employees have died at work as a result of their own medical condition. There have also been employees who have committed suicide in the work place or while at work.

Therefore it is necessary to establish the extent and format of investigations required to be conducted by HSOs for employee deaths in the work place, that are not work related.

3. Questions

1. Does every death of an employee in the work place need to be investigated by a HSO?
2. What information should be gathered in the course of the investigation when non-work related causes are suspected?
3. What is the format of the investigation report the HSO is required to produce?

4. Conclusions

1. Does every death of an employee in the work place need to be investigated by a HSO?

1. Yes, subsection 141(4) of the Canada Labour Code requires a HSO to investigate every death of an employee that occurs in the work place or while the employee was working, or that was the result of a work place injury. An investigation is initiated in accordance with OPD 700-3 Priorities for Interventions - Group A.

2. What information should be gathered in the course of the investigation when non-work related causes are suspected?

1. It should not be assumed that the death of an employee who suddenly dies in the work place is a non-work related fatality, even if the employee had previously complained of chest pains. For example, a HSO may learn that the employee was normally an office worker and had spent the morning doing manual labour in a warehouse, or had been wearing a respirator for the first time and had not been medically assessed to determine if he was fit enough for the slight restriction in breathing caused by the respirator.
2. As is the case during any fatality investigation, the HSO should show empathy and understanding when dealing with the co-workers or any family members of the deceased.
3. The HSO must gain a good understanding of what the employee was doing before his death, the first aid treatment he received at the time of the incident, and how the work place emergency response functioned.
4. Perhaps the most helpful piece of information in determining whether or not a death is work related will be the Medical Examiner/Coroner's report. These reports provide information regarding the cause of death and should be requested in writing, as soon as possible. However Coroners are not required to provide HSOs with copies of their reports and may refuse to do so.
5. If the HSO obtains Medical Examiner/ Coroner or Police reports containing evidence of alcohol, prescription or illicit drug use, the HSO must treat this information in accordance with OPD 900-2 Substance Abuse Intervention.
6. If a Coroner's report indicates that an employee's death is not work related, but the investigating HSO suspects there may be a causal factor(s) in the work place, a discussion with the Technical Advisor OHS is required to decide on the need to involve Technical Services at NHQ and/or a Medical Consultant retained by the Labour Program, to determine the appropriate course of action.
7. Employee suicides at work, or while working, will also necessitate an investigation by a HSO. In these cases, the HSO should determine whether or not there were any contributing work place factors i.e. impending job loss, poor performance review, work place harassment, etc.
8. If after this consultation the HSO believes work place conditions contributed to the employee's death, he shall conduct the investigation in accordance with OPD 935-1 Hazardous Occurrence Investigations and Reporting.

3. What is the format of the investigation report the HSO is required to produce?

1. Following the investigation, if it is determined that the death is not related to the employee's work, the HSO shall prepare a Hazardous Occurrence Investigation Report. Within 10 days of completing the report, the HSO shall provide a copy of the report to the employer and work place health and safety committee or representative, in accordance with subsection 141.(6) of the Code. However the report shall not include photographs, witness statements, police or Medical Examiner/coroner reports, or any other documents obtained from a third party.
2. If it is determined that the death is related to the employee's work, refer to OPD 935-1 Hazardous Occurrence Investigations and Reporting.