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Mischance Examination AND REPORTING

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  1. ACCIDENT INVESTIGATION AND REPORTING AR 385-40 DA PAM 385-40

  2. ACCIDENT INVESTIGATION AND REPORTING • Accident Investigation Publications • AR 385-40 - Accident Reporting and Records, 1 Nov 94 • Provides policy and procedures and assigns responsibility for notification, investigation, reporting, and submission of Army accident reports. • DA Pam 385-40 - Army Accident Investigation and Reporting , 1 Nov 94 • Army Accident Investigation “HOW TO” manual for aviation and ground accidents.

  3. ACCIDENT INVESTIGATION AND REPORTING TERMINAL LEARNING OBJECTIVE: ACTION: Investigate / report Army accidents CONDITIONS: As a safety NCO / unit leader STANDARDS: IAW AR 385-40 & DA PAM 385-40.

  4. ACCIDENT INVESTIGATION AND REPORTING • PURPOSE OF ACCIDENT INVESTIGATION • DEFINE ARMY ACCIDENT • ACCIDENT INVESTIGATION RESPONSIBILITIES • CLASSIFICATION OF ACCIDENTS • REPORTING AND RECORDING ARMY ACCIDENTS • CATEGORIES OF INVESTIGATION REPORTS • INVESTIGATION PROCEDURES • ACCIDENT REPORTING TERMINOLOGY

  5. ACCIDENT INVESTIGATION AND REPORTING WHY INVESTIGATE / REPORT ACCIDENTS? “Those who do not learn from their mistakes are doomed to repeat them.”

  6. ACCIDENT INVESTIGATION AND REPORTING PURPOSE OF INVESTIGATION / REPORTINGTHE INVESTIGATION DETERMINES: WHY DID IT HAPPEN? SYSTEM INADEQUACY / ROOT CAUSE WHAT HAPPENED? CAUSE FACTORS WHAT TO DO ABOUT IT? RECOMMENDATIONS • HUMAN ERROR / • MISTAKE • MATERIEL • FAILURE • ENVIRONMENTAL • FACTOR • SUPPORT • LEADER • TRAINING • STDS / • PROCEDURES • INDIVIDUAL FIXES CONTROL MEASURES COUNTERMEASURES

  7. ACCIDENT INVESTIGATION AND REPORTING PURPOSE OF INVESTIGATION/REPORTING: • Identify accident cause factors and system deficiencies • Assess manpower and monetary losses due to accidents • Collect accident data to develop accident prevention measures • Prevention only (not to be used for litigation, claims, disciplinary action, or adverse administrative actions)

  8. ACCIDENT INVESTIGATION AND REPORTING LEGAL / REGULATORY REQUIREMENTS: • OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) PL 91-596 • EXECUTIVE ORDER 12196 • 29 CFR 1960, FEDERAL OSHA PROGRAM • DOD INSTRUCTION 6055.7 • AR 385-40 • DA PAM 385-40

  9. DEFINITION - ACCIDENT ACCIDENT - an unplanned event that causes personnel injury or illness, or property damage. AR 385-40, TERMS

  10. DEFINITION - ARMY ACCIDENT ARMY ACCIDENT - an accident that results in injury / illness to either army or non-Army personnel, and/or damage to Army or non-Army property as a result of Army operations (caused by the Army). AR 385-40, TERMS

  11. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • PERMANENT TOTAL DISABILITY - Any nonfatal injury or occupational illness that in the opinion of the competent medical authority, permanently and totally incapacitates a person to the extent that he or she cannot follow any gainful employment. The loss, or loss of use of both hands, feet, eyes, or any combination thereof as a result of a single accident. AR 385-40, TERMS

  12. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • PERMANENT PARTIAL DISABILITY - Any injury or occupational illness that does not result in death or permanent disability but, in the opinion of the competent medical authority, results in the loss or permanent impairment of any part of the body with the following exceptions: • Loss of teeth • Loss of fingernails or toenails • Loss of tip of finger or tip of toe • Hearing loss

  13. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • LOST-TIME CASE- A nonfatal traumatic injury that causes any loss of time from work beyond the day or shift on which it occurred or a nonfatal non-traumatic illness / disease that causes loss of time from work or disability at any time. AR 385-40, TERMS

  14. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • LOST-WORKDAY CASE- Cases in which an accident results in Army personnelmissing one or more days of work. Days away from work are those workdays (consecutive or not) on which Army personnel would have worked but could not because of injury, occupational illness, or job-related physical deficiencies detected during medical surveillance examinations. AR 385-40, TERMS

  15. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • NONFATAL CASE WITHOUT LOST WORKDAYS- (Light duty / restricted work activity) - cases other than lost workday cases where army military, civilian personnel, because of an injury or occupational illness, experienced one or more of the following: • Permanent transfer to another job or termination. • Loss of consciousness • Restricted duty (profile) AR 385-40, TERMS

  16. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • INJURY- A traumatic wound or other condition of the body caused by external forces, including stress or strain. The injury is identifiable to time and place of occurrence and member or function of the body affected, and is caused by a specific event or incident or series or events or incidents within a single day or work shift. AR 385-40, TERMS

  17. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • OCCUPATIONAL ILLNESS - Nontraumatic physiological harm or loss of capacity produced by systemic infection; continued or repeated stress or strain; exposure to toxins, poisons, fumes, etc., or other continued and repeated exposures to conditions of the work environment over a long period of time. A condition that does not meet the definition of an injury. AR 385-40, TERMS

  18. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • MEDICAL TREATMENT- Any treatment (other than first aid) administered by a physician or by registered professional medical personnel under orders of a physician AR 385-40, TERMS

  19. ACCIDENT INVESTIGATION AND REPORTING - AR 385-40ACCIDENT REPORTING TERMINOLOGY • FIRST AID - One-time medical treatment for minor scratches, cuts, burns, and similar injuries that do not ordinarily require medical attention, plus any follow-up visits for observation. Such one-time treatment and follow-up visits will be considered first aid, even if provided by a physician. AR 385-40, TERMS

  20. WHAT TO INVESTIGATE / REPORT -Commanders will investigate / report: • Damage to Army property. • Injury (fatal or nonfatal) to military personnel • Injury to on-duty civilian personnel • Occupational injury or illness (fatal or nonfatal) to military personnel or Army civilian employees AR 385-40, 2-3

  21. WHAT TO INVESTIGATE / REPORT -Commanders will investigate / report: • Injury / illness to non-Army personnel as a result of Army operations. • Damage to non-Army property as a direct result of Army operations. • Class E Aviation incident • FOD incidents (class F)

  22. OCCURRENCES - NOT AN ARMY ACCIDENT • Combat losses • Directly caused by enemy action • Due to evasive action taken to avoid enemy fire • Failure to return from a combat mission • Malfunction or failure of component parts AR 385-40, 2-5

  23. OCCURRENCES - NOT AN ARMY ACCIDENT (CON’T) • Expected damage (testing) • Property damage as a result of vandalism, riot, civil disorder, felony • Deliberate damage to aircraft or equipment or to occupants • Accidents occurring during transport by commercial carrier

  24. NONREPORTABLE INJURIES / ILLNESSES • NONOCCUPATIONAL ILLNESS / INJURY - Injury / illness is not proximate cause. Example -excessive bleeding of hemophiliac • SELF-INFLICTED INJURIES - Suicide or self-inflicted injury • CRIMINAL ASSAULT - Fist-fight or brawl • PRIOR-SERVICE INJURIES - Injury prior to service entry AR 385-40, 2-7

  25. NONREPORTABLE INJURIES / ILLNESSES • INFECTIVE AND PARASITIC DISEASE - Example - respiratory disease or food-poisoning • STRAINS - Resulting from pre-existing musculoskeletal disorder (strain occurs during sneeze) • HOSPITALIZATION (OBSERVATION ONLY) • ESCAPE FROM CUSTODY - Injury occurring while attempting escape

  26. NONREPORTABLE INJURIES / ILLNESSES • DEATH DUE TO NATURAL CAUSES - Example - heart attack • ADVERSE REACTION- Reaction to alcohol or drugs not administered by medical authority • PRE-EXISTING INJURIES OR ILLNESSES

  27. CLASSIFICATION OF ARMY ACCIDENTS Accident Type And Classification are used to determine: • Notification requirements, • Site security requirements, • Investigation procedures and responsibilities, • Required accident reports AR 385-40, 2-2

  28. CLASSIFICATION OF ARMY ACCIDENTS CLASS A - an Army accident in which: • The resulting total cost of property damage is $1,000,000 or more; • An Army aircraft or missile is destroyed, missing, or abandoned; or • An injury and/or occupational illness results in a fatality or permanent total disability. AR 385-40, 2-2

  29. CLASSIFICATION OF ARMY ACCIDENTS CLASS B - an Army accident in which: • The resulting total cost of property damage is $200,000 or more, • But less than $1,000,000; • An injury and/or occupational illness results in permanent partial disability, or • When five or more personnel are inpatient hospitalized from a single occurrence. AR 385-40, 2-2

  30. CLASSIFICATION OF ARMY ACCIDENTSNOTIFICATION, SECURITY, INVESTIGATIONNOTE: • Class A & B accident investigations are conducted by an accident investigation board (CAI or IAI Board). • Immediate notification is required through chain of command to USASC • If possible, unit must secure the accident site for the accident board to see. (May not be possible for traffic accident) AR 385-40, 3-2, 4-2

  31. CLASSIFICATION OF ARMY ACCIDENTS CLASS C - an Army accident in which: • The resulting total cost of property damage is $10,000 or more, • But less than $200,000; • A nonfatal injury that causes any loss of time from work beyond the day or shift on which it occurred; • Or a nonfatal occupational illness that causes loss of time from work (e.g. 1 work day) or disability at any time (lost time case). AR 385-40, 2-2

  32. CLASSIFICATION OF ARMY ACCIDENTS CLASS D - an Army accident in which: • The resulting total cost of property damage is $2,000 or more, • But less than $10,000. • Example: • An Army 5 ton truck backed into a parked civilian auto resulting in $2500 damage to the privately owned vehicle (as a result of Army operations). • Note: An Army accident resulting in less than $2000 property damage and no lost time injury are reported using local procedures. AR 385-40, 2-2

  33. CLASSIFICATION OF ARMY ACCIDENTS CLASS E aviation incident - • An Army incident in which the resulting damage cost and injury severity do not meet the criteria for Class A-D accident ($2,000 or more damage; lost time/restricted activity case). • A Class E aviation incident is reportable when the mission is interrupted or not completed. AR 385-40, 2-2

  34. CLASSIFICATION OF ARMY ACCIDENTS FOREIGN OBJECT DAMAGE (FOD) AVIATION INCIDENT (CLASS F) - • Recordable incidents are confined to aircraft turbine engine damage only as a result of internal or external FOD AR 385-40, 2-2

  35. ARMY AIRCRAFT ACCIDENT ARMY MOTOR VEHICLE ACCIDENT (AMV) ARMY COMBAT VEHICLE (ACV) ARMY OPERATED VEHICLE OTHER ARMY VEHICLE PRIVATELY OWNED VEHICLE (POV) PERSONNEL INJURY - OTHER MARINE ACCIDENT FIRE CHEMICAL AGENT ACCIDENT EXPLOSIVES ACCIDENT IONIZING AND NONIONIZING RADIATION ACDT & INCIDENT NUCLEAR BIOLOGICAL DEFENSE MISHAP DRONE AIRCRAFT (RPV) FRATRICIDE ARMY ACCIDENT TYPES PE # 1

  36. COMMAND RESPONSIBILITIES PRELIMINARY ACCIDENT SITE PROCEDURES: • Initiate actions IAW unit pre-accident plan • Contact emergency services - fire, rescue, MP, HAZMAT team, EOD • Notification - chain of command • First priority- safety of victims, personnel involved, and the general public AR 385-40, 2-9, 3-2

  37. COMMAND RESPONSIBILITIES PRELININARY ACCIDENT SITE PROCEDURES: • Neutralize accident site hazards: • Fire • Ammunition cook-off / explosion • Fuel spill / hazardous materials. • Burnt carbon fibers (composite materials). • Traffic hazards / additional collisions. • Electrical hazards • Bloodborne pathogen AR 385-40, 2-9, 3-2

  38. COMMAND RESPONSIBILITIES PRELININARY ACCIDENT SITE PROCEDURES: • Take action to secure / preserve the accident scene • Safeguard from bystanders • Control access to site • Rope off site - keep unauthorized personnel out • Protect physical evidence - ground markings / scars, placement of wreckage / equipment AR 385-40, 2-9, 3-2

  39. COMMAND RESPONSIBILITIES PRELIMINARY ACCIDENT SITE PROCEDURES: • Notify the commander of personnel involved • Notify USASC, DSN 558-2660/3410 (Class A & B (Avn / Gnd); & Class C Avn mishap) • Notify USASC - (DA Civilian injuries - 3 or more hospitalized from a single accident - OSHA DOL notification) • Provide information from Notification Worksheet DA Form 7306-R AR 385-40, 2-9, 3-2

  40. COMMAND RESPONSIBILITIES INVESTIGATION / REPORTING RESPONSIBILITIES: • Commanders at all levels (installation level down to company or detachment) are responsible for investigating and reporting accidents. • Class A & B On-duty - CAI / IAI board • Class A & B Off-duty - Unit prepares AGAR / follow MACOM /installation procedures for fatal accidents. • Class C & D - unit prepares AGAR • Accident report submitted through chain of command / installation safety to USASC AR 385-40 Table E-1 / E-2

  41. ACCIDENT INVESTIGATION RESPONSIBILITIES - GROUND ACDT CLASS RESPONSIBILITY REPORT CLASS A & B (NOTIFY USASC) DA 285 + ON-DUTY CAI / IAI BOARD TECH RPT CLASS A & B (NOTIFY USASC) AGAR OFF-DUTY MAY APPOINT IAI 30 DAYS CLASS C & D UNIT CDR AGAR ON-DUTY 30 DAYS CLASS A-D UNIT CDR AGAR OFF-DUTY 30 DAYS DA CIVILIAN (CLASS A & B CA-1, CA-2 ON-DUTY NOTIFY USASC) CA-6 CLASS A & B CAI / IAI BOARD TECH RPT CLASS C SUPERVISOR CA-1, CA-2

  42. ACCIDENT INVESTIGATION RESPONSIBILITIES - AVIATION ACDT CLASS RESPONSIBILITY REPORT CLASS A (NOTIFY USASC) DA 2397 + CAI / IAI BOARD TECH RPT CLASS B (NOTIFY USASC) DA 2397 + CAI / IAI BOARD TECH RPT CLASS C (NOTIFY USASC) AAAR IAI BOARD 90 DAYS CLASS D - F UNIT CDR AAAR (PE # 2) 10 DAYS

  43. REPORTING vs. RECORDINGARMY ACCIDENTS REPORTABLE ACCIDENTS (ALL ACCIDENTS) LOCAL REPORT PROCEDURES REPORTED TO UNIT SAFETY OFFICER OR INSTALLATION SAFETY AR 385-40 REPORTED AND RECORDED IAW ARMY PROCEDURES MINOR INJURY OR DAMAGE MEETS CRITERIA FOR RECORDABLE ACCIDENT / INCIDENT

  44. REPORTING vs. RECORDINGARMY ACCIDENTS • REPORTING - Report all accidents to the unit safety officer / installation safety office • Local reporting procedures for: • Property damage less than $2000 • Military personnel injury - no lost time / restricted duty only • Military personnel injury - first aid only

  45. REPORTING vs. RECORDINGARMY ACCIDENTSRECORDING - Meets AR 385-40 criteria for recordable accident / incident. Investigation results are recorded on the appropriate form and forwarded to USASC for entry into Army accident database. • Class A-D Accidents • Class E & FOD Aviation • Damage exceeds $2000 • Soldier injury results in 1 or more lost workdays

  46. CATEGORIES OF ACCIDENT REPORTS • SAFETY ACCIDENT INVESTIGATION REPORT - Used for prevention purposes only • Limited Use Report • General Use Report • COLLATERAL INVESTIGATION REPORT - Used to determine accountability, liability, claims, disciplinary action • CRIMINAL INVESTIGATION (MP / CID) AR 385-40, 2-9, 1-7

  47. SAFETY ACCIDENT INVESTIGATION REPORTSLimited Use Safety Accident Investigation Report • All flight accidents • Fratricide / friendly fire • Selected accidents involving other complex weapons systems as determined by Cdr, USASC AR 385-40, 1-7

  48. SAFETY ACCIDENT INVESTIGATION REPORTSLimited Use Safety Accident Investigation Report • Report is for accident prevention • May offer confidentiality to witness • Findings, recommendations, and witness statements not releasable to public or outside DoD • Purely factual information - pictures, drawings, tests may be released / shared with collateral investigator

  49. SAFETY ACCIDENT INVESTIGATION REPORTS - AR 385-40, 1-7General Use Safety Accident Investigation Report • USE - To record data concerning all reportable accidents not covered by limited use reports. • Used for accident prevention • Not for administrative or disciplinary action within DoD • Not generally releasable - need to know for the purpose of accident prevention • Witness statements not exempt from disclosure in response to a request under FOIA

  50. COLLATERAL INVESTIGATION(NOT A SAFETY INVESTIGATION) • USE - Record facts for use in litigation, claims and administrative and disciplinary actions • Required on all on-duty Class A accidents (LOD will suffice for off-duty fatality) • Public Interest • Safety personnel do not conduct, review, or store collateral investigations. • Accident investigation has priority • Collateral investigation covered by: AR 27-20 or AR 15-6 AR 385-40, 1-8