Safety Institute Michael Tooma Presents

Incident Reporting, Investigation and

Management
Michael Tooma
Partner
Head of OHSS Asia Pacific
Norton Rose Australia

Challenge
The imperative in the aftermath of an incident is to mimise the impact of
the incident. That means reducing shut down time associated with
damaged equipment, regulatory notices or industrial action.
This often leads to reactive and narrow focused decision making on
corrective actions a new safe working procedure and training course,
for example, is the most popular corrective action.
The assumption is that if we identify the cause of the incident, we can
simply develop a procedure for addressing it, train workers in the
procedure and require them to follow it.
That satisfies the regulator, management, and crucially is cheap
(procedures are cheaper than engineering solutions). It fits into a
narrative worker needs instructions and supervision or better
instructions and supervision to be safe.
Challenge is that we dont fall victim to the temptation to oversimplify
causes of incidents.
But the world we live in is far more complex than that. Dekker (2011)
observes:
Rational decision-making requires a massive amount of cognitive resources and
plenty of time. It also requires a world that is, in principle, completely describable.
Complexity denies the possibility of all of these. In complex systems (which our
world increasingly consists of) humans could not or should not even behave like
perfectly rational decision-makers. In a simple world, decision-makers can have
perfect and exhaustive access to information for their decisions, as well as clearly
defined preferences and goals about what they want to achieve. But in complex
worlds, perfect rationality (that is, full knowledge of all relevant information,
possible outcomes, and relevant goals) is out of reach In complex systems,
decision-making calls for judgments under uncertainty, ambiguity and time
pressure. In those settings, options that appear to work are better than perfect
options that never get computed. Reasoning in complex systems is governed by
peoples local understanding, by their focus of attention, goals, and knowledge,
rather than some (fundamentally unknowable) global ideal. People do not make
decisions according to rational theory. What matters for them is that the decision
(mostly) works in their situation.

Dekker (2011) goes on to explain, that this perfectly normal
reaction to the rules being imposed on us at a local level can
accumulate at an organisational level with harmful consequences.
He explains:
Local decisions that made sense at the time given the goals,
knowledge and mindset of decision-makers, can cumulatively become a
set of socially organized circumstances that make the system more
likely to produce a harmful outcome. Locally sensible decisions about
balancing safety and productivity once made and successfully
repeated can eventually grow into unreflective, routine, taken-for-
granted scripts that become part of the worldview that people all over
the organization or system bring to their decision problems. Thus, the
harmful outcome is not reducible to the acts or decisions by individuals
in the system, but a routine by-product of the characteristics of the
complex system itself.
Consider the pioneering approach of James
Reason in the Swiss Cheese theory a theory on
which most modern incident investigation
techniques are based.

So how do we factor
that into incident
investigations?
By accepting
that faced
with the same
facts, people
will not
necessarily
behave in the
same way.
This is a challenge to
the conventional
wisdom around
incident investigation
which is typically
concerned with
uncovered the truth
and indeed, more so
the root cause of an
incident.
The theory is that, like holes in Swiss cheese slices, all systems
have deficiencies or inadequate defences.
The causal trajectory of an incident leads to an incident when those
deficiencies in the system line up. It follows then that proactively,
increasing the defence layers, reduces the likelihood of an incident.
It also follows that in attempting to analyses an incident, a better
understanding of that trajectory, will uncover the absent or failed
defences which enabled the system failure.
Logically, then, in the aftermath of an incident, those system
deficiencies are identified, and addressed through corrective
actions, reducing the holes on the Swiss cheese slices and
therefore reducing the likelihood of a recurrence of the incident.
The Reason model
Example lines of defence
Organisational
deficiencies and
latent failures
Local factors
(e.g. task and
environmental
conditions)
Active failures
(e.g. unsafe
acts)
Inadequate or
absent
defences (e.g.
technical and
human failures)
Example lines of defence
Some holes due to active failures Other holes due to latent conditions
Defences in depth
Incident trajectory
Incident
But in complex systems, incident trajectories are often
unique.
That is, addressing what went wrong in a particular incident
will only help prevent that exact sequence from recurring. \
But the likelihood of the planets or Swiss cheese slices,
aligning in exactly the same way is very remote. It is more
likely that the next incident, will involves a difference
trajectory and different holes on the Swiss cheese slices.
Addressing the specific sequence that caused the incident
will not address potential paths that the incident trajectory
could have taken but for certain events.
What if?
Incident trajectory
Incident
What if?
Incident trajectory
Incident
We often look at an incident sequence, amazed but relieved, that things
were not much worse and that they could have been, had it not been for
some lucky event.
But other than such a casual observation, or a remark in an incident
investigation report, little is done about those other non-causal events.
That is, events that either prevented the incident from being of greater
impact or the possible trajectory that did not occur the road not travelled
but which could have been travelled.
Reason (1990) himself observes that most of the root causes of serious
accidents in complex technologies are present within the system long
before an obvious accident sequence can be identified. That is, the holes
are there, if only our investigation techniques could uncover all of them and
not just those involved in the incident. Yet most investigation techniques are
linear in their approach, seeking out the exact causal sequence the truth
of what happened and then uncovering the root cause(s) which lead to
that factual sequence.

But is it appropriate in a complex world to maintain a linear
view of incident causation?
Isnt the road not travelled just as instructive to further
incident prevention as the road actually travelled?
Indeed, in many respects, the lucky control is more
instructive for incident prevention than the failed or absent
control.
If we adopt that approach, building system resilience is not
simply achieved by adding Swiss cheese layers as the
orthodox view of the theory may suggest but also by
uncovering and lugging holes within each layer that are
reasonably related to the incident but not causally connected
to it.
Incident
Why?
Incident
Why?
What if?
Incident
Why?
What if?
What if?
Incident
Why?
What if?
What if?
What if?
Incident
Why?
What if?
What if?
What if?
What if?
Why?
Incident
What if?
What if?
What if?
What if?
What if?
Why find out about what went wrong?
The proper investigation of incidents is a core part of
developing a safety culture. All systems, even the best
systems, fail from time to time.
The test of an effective management system is not its lack of
failure but rather what is done in the aftermath of that failure.
Every incident, no matter how small, represents a learning
opportunity. If we properly investigate the incident and get to
its root causes the system failures or deficiencies that
permitted the incident to occur - we have a chance to put in
place the corrective actions necessary to avert a repeat of
the incident and improve the resilience of the system against
further failure.
That commitment to constant and continuous reflection,
analysis and review is the essence of an effective
management system and critical to achieving a positive
safety culture within the business or undertaking.

We know that near misses must be investigated.
Failing to investigate near misses can result in learning opportunities being
missed and, ultimately, an incident occurring with the attendant loss of life,
injury and economic and reputational costs.
The seriousness and the learning opportunities which can be garnered from
an event should not be downplayed just because an event does not itself
result in injury or damage to plant. To the contrary, near misses present
valuable opportunities to learn from mistakes and system deficiencies. In
order to avoid disaster it is necessary to understand the risks that arise
within an organisation.
To allow this, a culture of reporting must be encouraged within an
organisation. Without a reporting culture an organisation will be unable to
gather information of incidents that have occurred and will be unable
discover the cause of incidents. Underreporting of near misses will hide
issues that can be remedied before the problem develops into a disaster.

Why find out about what went right?

What went right in an incident can be just as
instructive as what went wrong.
By identifying effective control features, they can
be replicated across the system.
Controls that work at a local level that are
accepted by operators and fit into other complex
systems are rare.
Their effectiveness should be celebrated. That is
particularly the case in near misses where had not
been for those controls, an incident would have
occurred.
Indeed, even if what went right was not a control at all but a lucky
event, an analysis of this may be instructive to the type of controls
that might work as a final barrier to the incident causal trajectory.
The reality is we have been attempting to learn the negative
lessons from disasters since the inception of safety science as a
discipline.
Major disaster report after major disaster report sets out the facts of
the incident, the deficiencies in the system, expresses outrage as to
how society can allow these conditions to exist, and makes
recommendations in relation to safety leadership and safety culture
with some specific design recommendations for industry
consumption. This was the was in the Columbus, Piper Alpha,
Exxon Valdez, BP Texas Refinery, Upper Big Branch and
Deepwater Horizon reports, to name a few. The problem with that
approach is that it is entirely negative.
If it was that simple to learn the lessons from disasters, surely we
would have learnt them by now.
The legal and commercial consequences of failing to do so are very
significant globally. We have to assume that most leaders are at
worst agnostic towards safety.
Some may not necessarily be passionate about safety but certainly
none display the psychotic behavior which would mean that lessons
if capable of being easily applied would be ignored.
I have never encountered any managing director who wakes up in
the morning wanting to hurt their people, yet even in Australia
which prides itself on its safety standards we kill one person every
working day on average. Globally the figure is much worse.
The reality is that the lessons from disasters, instructive as
they may be, are entirely superficial. Traditional linear
incident investigations have limited ability to impact incident
prevention because lighting does not strike twice.
As Dekker (2011) observes:
Reconstructing events in a complex system, then, is
nonsensical: the systems characteristics make it impossible.
Investigations of past failures thus do not contain much
predictive value for a complex system. After all, things rarely
happen twice in exactly the same way, since the complex
system itself is always in evolution, in flux.
The utility of the lessons therefore is translated
into motherhood statements about safety
leadership and safety culture without any specific
means of achieving that in the localized context.
That is not to say that those lessons have no value
or meaning. They do. The issue is, can we extract
more from our incident investigations. Can we
derive practical lessons of real meaning, value
and application and can we do this on a regular
and systematic basis?
It may be more useful to find out how a potential serious incident became a
near miss. Or how consequences of an incident were tampered, rather than
just finding out what caused the incident. A better understanding of what
went right can assist in creating a more resilient system.
The attraction with asking what went right is its positive character.
We know that reinforcement is the most important principle of behavior and
a key element of most behavior change programs.
We also know that positive reinforcement is far more powerful than negative
reinforcement.
We say someone has received positive reinforcement if a desired behavior
they display has been followed with a reward or stimulus.
Negative reinforcement is when someone receives punishment, an aversive
stimulus or a withholding of a stimulus after displaying certain behavior,
usually undesirable behavior.
People are more likely to adjust their behavior to seek out praise
and acceptance than out of fear of punishment. We understand this
well in our private lives.
When people do things we like, we reward them with expressions
of gratitude so that such behavior is repeated.
We avoid rewarding people for negative or undesired behavior but
with few exceptions, punishment of people for such behavior will
rarely be effective.
Harsh words directed at a fellow motorist who cuts you off on the
road is unlikely to alter their driving behavior. That is because they
receive an immediate reward for their bad behavior in reaching their
destination sooner and the added attention received from you as a
fellow motorist, over time, is either ignored or becomes associated
with the positive reward beating traffic.
At work, people do their jobs well every day.
They follow safety procedures.
They engage in safety programs required of them.
For that, we seem to think they deserve no reward or
recognition.
Indeed, people strongly believe that it is wrong to reward
them for doing their job as if to single out that conduct
would undermine the integration of safety into operational
requirements.
By contrast, if they take a short cut, they are rewarded
immediately by being able to do their job faster and
depending on the employment terms, either going home
sooner, being recognized by your superiors or, in the case of
contractors, making more money. Yet we are surprised why
over time, people gravitate towards short cuts.

The same is true of managers.
Beyond a certain threshold, improved productivity with no additional
innovation or capital expenditure comes at the cost of the health
and safety of workers.
But no such distinction is made in relation to managerial recognition
and reward.
Managers receive instant positive reinforcement for day to day
decisions they make which improve shareholder value such as staff
reductions and productivity improvements.
Doing more with less has become a management mantra a boast
of success. That assumes that the status quo has inefficiencies.
But where no such buffers exist, the value is derived at the long
term expense of current workers and future shareholders. That was
the experience the BP Texas refinery.

In that context, it is remarkable to me that when a near miss occurs,
we dont pause to recognise the positive behavior exhibited by
people that may have averted a disaster.
That behavior may well be expected because it is consistent with
the system, but so is much of every day private behaviors for which
we receive an acknowledgement or other positive reaction.
As a society we expect that positive reinforcement in our private
lives. We regard it as part of our culture. We drum it into our
children. But in our working lives, we seem to take safe behaviour
for granted.
In incident investigations, we regard it as irrelevant. How can that
be? That is the moment when we are most vulnerable. When we all
feel we are to blame. That we have somehow contributed to the
incident. Pausing to recognize what we did right can ease much of
that. It is about pulling together at a time of crisis.
If the focus of incident investigation remains solely on what went
wrong, it is inevitable that it is about blame. Even in organizations
where a just culture is in place, the singular focus on the negative
behavior can be detrimental to the overall functioning of the system.
It is also a missed opportunity.
As Dekker (2011) observes:
Complex systems can remain resilient if they retain diversity:
the emergence of innovative strategies can be enhanced by
ensuring diversity. Diversity also begets diversity: with more
inputs into problem assessment, more responses get
generated, and new approaches can even grow as the
combination of those inputs.

Even if someone did something wrong that worked, we need
to understand why it worked so we can capture its positive
features.
That, in essence, is what Reason (1997) was describing in
the flexible culture component to safety culture discussed
above.
The empowerment of well trained workers to make decisions
that deviate from normal procedures but that are consistent
with the objectives of the procedures. Once those decisions
are made, we need to then understand why they worked.
That is where asking what went right comes in.
Incident Management
Attend to injured
Assure site
Notifications
Mobilise NR
Media
Document
management
Preliminary evidence
Regulator liaison
Investigation team
I
Causal investigation
Interim corrective
actions
Brief management
I+1
Complete Report
Present Findings
Safety Alert
I+5
Public report
Communication
strategy
I+7 Brief management I+10
Training on learnings
Liability advice

I+14
Note: Slides repeated on following pages
I+0
Attend to injured
Assure site
Notifications
Mobilise legal
Media
Document management
Preliminary evidence
Regulator liaison
Investigation team
I
Incident Notification
Death of a person
Serious injury or
illness of a person
Dangerous incident
Notifiable
incident
Fastest possible
means
Telephone or in writing
Keep records for 5
years
Notified
Until regulator arrives
Except to attend to
injured or render site
safe or as directed by
police
Preserve
incident site
PCBU
Change in approach
to incident
management
Checklist of notifiable incidents
Did the incident result in the death of a person?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment as an in-patient in a
hospital?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for the amputation of any
part of their body?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for a serious head injury?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for a serious eye injury?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for a serious burn?

Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for the separation of their
skin from an underlying tissue (such as degloving or scalping)?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for a spinal injury?

Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for the loss of a bodily
function?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for serious lacerations?
Did the incident cause an injury or illness to a person requiring the
person to have immediate treatment for medical treatment within
48 hours of exposure to a substance?

Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to an uncontrolled escape, spillage or leakage
of a substance?
Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to an uncontrolled implosion, explosion or
fire?

Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to an uncontrolled escape of gas or steam?
Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to an uncontrolled escape of a pressurised
substance?

Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to electric shock?
Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to the fall or release from a height of any
plant, substance or thing?

Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to the collapse, overturning, failure or
malfunction of, or damage to, any plant that is required to be
authorised for use in accordance with the regulations?
Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to the collapse or partial collapse of a
structure?


Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to the collapse or failure of an excavation or
of any shoring supporting an excavation?
Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to the inrush of water, mud or gas in
workings, in an underground excavation or tunnel?
Did the incident expose a worker or any other person to a serious
risk to a person's health or safety emanating from an immediate or
imminent exposure to the interruption of the main system of
ventilation in an underground excavation or tunnel?




Did the incident result in any infection to which the carrying out of work is a
significant contributing factor, including any infection that is reliably attributable
to carrying out work with micro-organisms?
Did the incident result in any infection to which the carrying out of work is a
significant contributing factor, including any infection that is reliably attributable
to carrying out work that involves providing treatment or care to a person?
Did the incident result in any infection to which the carrying out of work is a
significant contributing factor, including any infection that is reliably attributable
to carrying out work that involves contact with human blood or body
substances?
Did the incident result in any infection to which the carrying out of work is a
significant contributing factor, including any infection that is reliably attributable
to carrying out work that involves handling or contact with animals, animal
hides, skins, wool or hair, animal carcasses or animal waste products?
Did the incident result in Q fever contracted in the course of work involving
handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products?
Did the incident result in Anthrax contracted in the course of work involving handling
or contact with animals, animal hides, skins, wool or hair, animal carcasses or
animal waste products?
Did the incident result in Leptospirosis contracted in the course of work involving
handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products?
Did the incident result in Brucellosis contracted in the course of work involving
handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products?
Did the incident result in Hendra Virus contracted in the course of work involving
handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products?
Did the incident result in Avian Influenza contracted in the course of work involving
handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products?
Did the incident result in Psittacosis contracted in the course of work involving
handling or contact with animals, animal hides, skins, wool or hair, animal
carcasses or animal waste products?

Incident Notification
Death of a person
Serious injury or
illness of a person
Dangerous incident
Notifiable
incident
Fastest possible
means
Telephone or in writing
Keep records for 5
years
Notified
Until regulator arrives
Except to attend to
injured or render site
safe or as directed by
police
Preserve
incident site
PCBU
Change in approach
to incident
management
Incident Notification
Death of a person
Serious injury or
illness of a person
Dangerous incident
Notifiable
incident
Fastest possible
means
Telephone or in writing
Keep records for 5
years
Notified
Until regulator arrives
Except to attend to
injured or render site
safe or as directed by
police
Preserve
incident site
PCBU
Change in approach
to incident
management
Lessons from Montara
The 21 August 2009, oil spill from
the Montara Wellhead Platform was
the worst oil spill in Australia in over
20 years.
For a period of just over 10 weeks,
oil and gas continued to flow
unabated into the Timor Sea,
approximately 250 kilometres off
the northwest coast of Australia.
Patches of sheen or weathered oil
could have affected at various
times an area as large as 90,000
square kilometres.
Investigation lessons from
Montara
Commission of Inquiry into Montara observed that
PTTEPAA:
...might have manoeuvred itself into a position whereby LPP
could be claimed over the [investigation report]...the inquiry
considers it unsatisfactory that LPP (assuming it exists)
operated to preclude the Inquiry having access to the only
written report obtained by PTTEPAA concerning the
circumstances and likely causes of the Blowout
The Inquiry concluded that:
In essence, the way that PTTEPAA operated the Montara
Oilfield did not come within a bulls roar of sensible oilfield
practice.
The Blowout was not a reflection of one unfortunate incident, or of
bad luck. What happened with the H1 Well was an accident waiting
to happen; the companys systems and processes were so
deficient and its key personnel so lacking in basic competence, that
the Blowout can properly be said to have been an event waiting
to occur.
The Inquiry concluded that the operator:
did not observe sensible oilfield practices at the Montara
Oilfield and
that major shortcomings in the companys procedures were
widespread and systemic, directly leading to the Blowout.
I+1
Causal investigation
Interim corrective actions
Brief management
I+1
Incident Investigation methodology
Identify
People
Premises
Plant
Substances
Processes
Arrange
Organisational
structure
Contractual Chain
Chronology
Benchmark
Policies
Laws
Codes
Standards
Causation
Identify event
Identify High
Potential
Event causal
analysis
Trace cause to
source
I+5
Complete Report
Present Findings
Safety Alert
I+5
I+7
Public report
Communication
strategy
I+7
I+10
Brief stakeholders
I+10
I+14
Training on learnings
Liability advice

I+14
Key points
Review your incident reporting
Revise your investigation
Improve your management of
incidents
Be positive What went right? is
as instructive as what went wrong?
Our international practice
About the Presenter
Michael Tooma is a Partner at Global law firm Norton Rose
Australia where he heads up both Norton Roses Asia-Pacific
Occupational Health Safety and Security practice and the Australian
Government practice.
He is an Adjunct Professor at Edith Cowan University in Western
Australia.
He was recognised as one of the leading OHS lawyers in Australia
by Best Lawyers 2010, 2011 and 2012 and is the author of 12 books
on OHS law.
He is the leading commentator on OHS developments in Australia
regularly giving television, print media and radio interviews.
Disclaimer
The purpose of this presentation is to provide information as to developments in the law. It does not contain a
full analysis of the law nor does it constitute an opinion of Norton Rose Australia on the points of law
discussed.

No individual who is a member, partner, shareholder, director, employee or consultant of, in or to any
constituent part of Norton Rose Group (whether or not such individual is described as a partner) accepts or
assumes responsibility, or has any liability, to any person in respect of this presentation. Any reference to a
partner or director is to a member, employee or consultant with equivalent standing and qualifications of, as
the case may be, Norton Rose LLP or Norton Rose Australia or Norton Rose OR LLP or Norton Rose South
Africa (incorporated as Deneys Reitz Inc) or of one of their respective affiliates.