Workplace accidents and fatalities: investigation process

Government investigators conduct a detailed, thorough investigation when there’s a major accident or fatality in a workplace. These investigators work for the Department of Labour, Skills and Immigration. They’re experts in workplace safety. Their job is to determine what went wrong and hold those who were responsible accountable.

Workplace investigations are complex and can take up to 2 years to complete. There are 3 stages to the investigation into an accident: the response stage, the assessment and analysis stage and the findings stage.  

     

1. Response stage

   Right after the accidents, the investigators obtain initial information and potential evidence relating to the incident. As part of this process, they:

   • collect witness statements and evidence from the scene (they may need to issue a Stop Work Order to secure the scene and prevent further harm, or get a warrant to obtain more evidence)
   • work with other agencies (like police, the Medical Examiner Service or Emergency Health Services) to determine who should be involved in the investigation and their responsibilities

   What happens in the response stage can determine what happens later in this investigation. For example, the investigators may need to consult with 3rd-party experts or arrange to have equipment tested.

   Investigators will communicate within 48 hours of when the investigation is assigned to the department with next of kin of anyone who has been seriously injured or killed. They’ll connect the families with Victim Support Services for ongoing counselling and support.

2.  Assessment and analysis stage

   After collecting all the evidence, the investigators analyze it. This is an in-depth process and can take the most time to complete. The investigators may need to meet multiple times with many different parties to collect and examine all the evidence.

   During this stage, the investigators:

   • analyze the evidence to determine what contributed to the incident, if and how it could have been prevented, and who is responsible for what happened
   • review the evidence to determine if everyone involved (companies and individuals) met their legally required duties and responsibilities
   • identify potential charges to recommend to the Nova Scotia Public Prosecution Service, if they found that anyone involved didn’t meet their legally required duties and responsibilities
   • continue to support the family through the process (this is mainly the responsibility of the awareness and outreach team)

3. Findings stage

   In the findings stage, the investigators:

   • present their findings to the Nova Scotia Public Prosecution Service, who will provide advice about whether to press charges
   • put together evidence and other information to support court proceedings, if charges are pressed
   • inform the injured worker or victim’s family about the findings that can be shared and connect them with the support they need
   • consider if the findings of the investigation should inform future safety improvements or policy changes