Regulatory Investigation (Core Function)

SHENA’s Investigation and Response Division (IRD) is mandated to enforce the Workplace, Safety and Health Order, 2009 (WSHO) and the Radiation Protection Act, Chapter 228 (RPA) by conducting investigation and response on reported work-related incidents and radiation matters. Investigation covers gathering of evidence to prove of any breach of the provisions under the WSHO and RPA. In the instance, where there is without reasonable doubt and belief that the Individual, Employer, Occupier, Principal or Duty Holder has by his actions or lack of actions or safety and health measures that breached the laws of the country, SHENA shall work closely with Attorney General’s Chambers (AGC) to recommend that the legal process for further outcomes.

In the event that an Individual, Employer, Occupier, Principal or Duty Holder is found to be in breach of the legislation, SHENA has other legal instruments that shall or may be applied to ascertain the factuality of investigation findings supported with evidence and relevant documentation. In line with SHENA Act, Chapter 227, Workplace Safety and Health Order, 2009, and Radiation Protection Act, Chapter 228, SHENA may impose a Stop Work Order (SWO) or a Remedial Order (RO).

Purpose of regulatory investigation

• To prevent recurrence.
• To identify learnings; and
• Where appropriate, to seek the truth and prosecute cases where laws have not been complied with.

Incident that requires investigation

• Work-related accident leading to a Fatality
• Accident leading to Serious Injury
• Dangerous Occurrence
• Occupational Diseases
• Major Accident in the Control of Major Accident Hazard (COMAH) Facilities

WORKPLACE INITIAL INCIDENT NOTIFICATION & REPORTING REQUIREMENT

Under the Workplace Safety and Health (Incident Reporting) Regulations, 2014, employers, principals/occupiers, licensees, and self-employed workers are required to report:

• Accident leading to death
  Notification to SHENA as soon as reasonably practicable: Report in writing within 10 days.
• Dangerous Occurrence (as per Second Schedule of the WSHO, 2009)
  Notification to SHENA as soon as reasonably practicable: Report in writing within 10 days.
• Injury with more than 3 consecutive days of sick leave or admitted to hospital for 24 hours or more
  Written report within 10 days.
• Where person subsequently dies after admitted to hospital
  Notification to SHENA as soon as reasonably practicable: Report in writing within 10 days.
• Any accident with hospital treatment
  Notification to SHENA as soon as reasonably practicable.
• Occupational disease (as per Third schedule of the WSHO, 20019)
  Report in writing within 10 days of diagnosis from both Employer and Medical Practitioner.
• Major Accident (as per Workplace Safety and Health (Facilities) (COMAH) Regulations, 2013): Duty Holder has the duty to notify and report the major accident to SHENA within SIX (6) hours of the occurrence.

The completed Initial Incident Notification (IIN) shall be submitted to SHENA through the SHENA’s website.

Incident Reporting

Who needs to Report Workplace Incidences?

Types of Reportable Incidents

Dangerous Occurences

SECOND SCHEDULE OF WORKPLACE SAFETY AND HEALTH ORDER, 2009

Occupational Diseases

THIRD SCHEDULE OF WORKPLACE SAFETY AND HEALTH ORDER, 2009

Statistics