Investigation and prosecution following workplace fatalities: Responding to the needs of families

Matthews, Lynda R.; Fitzpatrick, Scott J.; Bohle, Philip; Quinlan, Michael

doi:10.1177/1035304614534350

Cited by 8 publications

(10 citation statements)

References 41 publications

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“…Representatives from organizations including insurers, trade unions, and those representing bereaved families have pointed to delays and difficulties families encounter when seeking information from safety inspectors (Matthews, Fitzpatrick, Bohle, & Quinlan, 2014). Inspectors may feel constrained in terms of the information that they can provide families knowing that in doing so they may jeopardize the prosecution.…”

Section: Introductionmentioning

confidence: 99%

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

et al. 2018

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Fatal work incidents result in an array of government responses, and in countries such as the United Kingdom and Australia, this may include the holding of coronial inquests. A common theme from the scant literature is that family members have a strong need to know how and why their loved one died. The inquisitorial nature of inquests suggests potential in uncovering this information, although little is known about families’ experiences with these proceedings. Interviews with 40 bereaved relatives explored their views and experiences of inquests. Findings suggest that families, often frustrated with other investigative processes, want inquests to provide a better understanding of how and why the death occurred, uncover any failings/responsibilities, and thereby move closer to a sense of justice being obtained for the deceased. Families identified problems perceived to impair the process and where improvements could be made to secure a more effective and meaningful institutional response to the fatality.

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Section: Introductionmentioning

confidence: 99%

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

et al. 2018

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“…In this context, the level of PTSD experienced by participants could be viewed as somewhat more closely approximating the “real” experience of work-related traumatic bereavement for families who experience the procedural and legal formalities following the death. Their experience is one of lengthy investigations and active withholding of information by authorities due to legal privilege (24, 26). If a case is prosecuted—which is increasingly rare (72)—they witness their loved one being “barely represented” (24) or misrepresented (27) by a system in which they have no power or legal mechanisms to intervene.…”

Section: Discussionmentioning

confidence: 99%

“…However, as noted earlier in this discussion, getting information about how the death occurred in the context of a workplace death is often challenging. Information about how the death occurred is needed to process the loss (74), yet authorities (regulators and criminal justice professionals) are bound by legal processes that limit their ability to provide timely information to families even when they want to assist (26). There are similar reports of conflict between families and authorities following homicide where a lack of information creates another pathway to distress (79, 87).…”

Section: Discussionmentioning

confidence: 99%

“…Third, the study was part of a wider project that included detailed interviews with regulatory agencies (inspectorates, workers’ compensation authorities, coroners and police) and institutions (insurers, unions, employers, and lawyers) who deal with families following a workplace death. Their views provided a detailed understanding of how institutions respond to sudden work deaths, including the provision of information, counseling, financial, and other supports (26, 98). For example, the families of self-employed workers—a growing segment of the workforce in the gig economy—are largely denied access to workers’ compensation, and this financial burden causes considerable concern and financial distress, possibly exacerbating the mental anguish that families experience (28).…”

Section: Discussionmentioning

confidence: 99%

“…OHS offences are not considered to be “really criminal” (23), prosecution is a “last resort,” and the consequences of prosecutions are usually inconsequential (24, 25). Further, the response involves an array of institutions including employers, specialist insurers, specialist law firms, unions, and (sometimes) victim advocacy bodies, as well as coronial courts—systems that families need to navigate during their bereavement (26–28). This institutional and regulatory apparatus is highly developed in almost all high-income countries (the major exception being those in the oil gulf states) (29), but less so in poor- and middle-income countries that have under-developed and more lopsided regulatory apparatus.…”

Section: Introductionmentioning

confidence: 99%

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Posttraumatic Stress Disorder, Depression, and Prolonged Grief Disorder in Families Bereaved by a Traumatic Workplace Death: The Need for Satisfactory Information and Support

2019

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The impact of traumatic workplace death on bereaved families, including their mental health and well-being, has rarely been systematically examined. This study aimed to document the rates and key correlates of probable posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and prolonged grief disorder (PGD) in family members following a workplace injury fatality. The hidden nature of the target population necessitated outreach recruitment techniques, including the use of social media, newspaper articles, radio interviews, and contact with major family support organizations. Data were collected using a cross-sectional design and international online survey. The PCL-C (PTSD), the PHQ-8 (MDD), and PG-13 (PGD) were used to measure mental health disorders. All are well-established self-report measures with strong psychometric qualities. Participants were from Australia (62%), Canada (17%), the USA (16%), and the UK (5%). The majority were females (89.9%), reflecting the gender distribution of traumatic workplace deaths (over 90% of fatalities are male). Most were partners/spouses (38.5%) or parents (35%) and over half (64%) were next of kin to the deceased worker. Most deaths occurred in the industries that regularly account for more than 70 percent of all industrial deaths—construction, manufacturing, transport, and agriculture forestry and fishing. At a mean of 6.40 years (SD = 5.78) post-death, 61 percent of participants had probable PTSD, 44 percent had probable MDD, and 43 percent had probable PGD. Logistic regressions indicated that a longer time since the death reduced the risk of having each disorder. Being next of kin and having a self-reported mental health history increased the risk of having MDD. Of the related information and support variables, having satisfactory support from family, support from a person to help navigate the post-death formalities, and satisfactory information about the death were associated with a decreased risk of probable PTSD, MDD, and PGD, respectively. The findings highlight the potential magnitude of the problem and the need for satisfactory information and support for bereaved families.

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Bereaved families and the coronial response to traumatic workplace fatalities: Organizational perspectives

et al. 2015

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Work remains a significant source of illness, injury, and death in developed countries. In Australia, for example, over 2,000 people die from work-related causes each year, with heavy social, economic, and personal costs (Safe Work Australia, 2013a ). Most die as a result of work-related disease. However, many die from trauma. In 2012, 223 workers were fatally injured in Australia and in the United States the figure was 4,383 (Bureau of Labor Statistics, 2014 ; Safe Work Australia, 2013b ). Apart from the immediate tragedy of each worker's death, these deaths affect the victim's immediate family, wider family, friends, and co-workers. It has been estimated that, on average, every death has an impact on at least 20 other people (Dyregrov, Nordanger, & Dyregrov, 2003 ), especially when the deceased had several families, which is an increasingly common phenomenon (OECD, 2014 ). Little is known, however, about how regulatory responses following a traumatic workplace fatality meet the needs of surviving families. With a focus on the coronial investigation, this article provides information about the regulatory responses to a traumatic workplace fatality and examines how various organizations involved in the coronial process following the death viewed its ability to accommodate the needs and wishes of surviving families.

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Investigation and prosecution following workplace fatalities: Responding to the needs of families

Cited by 8 publications

References 41 publications

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Posttraumatic Stress Disorder, Depression, and Prolonged Grief Disorder in Families Bereaved by a Traumatic Workplace Death: The Need for Satisfactory Information and Support

Bereaved families and the coronial response to traumatic workplace fatalities: Organizational perspectives

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