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Management
System: Worker
Safety and Health
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Subject Area: Injury/Illness Investigation
Potential for Litigation
Effective Date: XXXXX
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Litigation indicates that there may be negative consequences
to the Laboratory as a result of what may be uncovered during the investigation.
The investigation itself might be used in court against the Laboratory.
The following are indications that
the incident, accident, event, or injury may wind up in litigation:
- Catastrophic
(Major Loss) event;
- Injuries or
exposures to guests, visitors, non-employees;
- Contractor or
subcontractor injuries;
- Business
interruption;
- Alleged
negligence on the part of the Laboratory, or its contractors, or employees;
- Subrogation
(Insurance company seeking reimbursement) and third parties;
- Chemical,
biological or radiological spills or releases;
- Injuries caused
to your personnel by others;
- OSHA/DOE/other
regulatory penalty citations;
- Off-site claims
involving youth or the general public.
If any of the above occur, consult
the BNL Legal Office and establish attorney-client privilege, if so advised.
Ensure the scope of the investigation is well-defined and use expert
participants.
The
only official copy of this file is the one on-line in SBMS.
Before using a printed copy, verify that it is the
most current version by checking the effective date.