A workplace accident represents one of the most critical situations within employment and management. Beyond its personal impact and the assistance that must be provided to the affected employee, an accident requires the organisation to immediately review its operational processes, assess the effectiveness of its prevention systems and determine whether there were risk conditions that could and should have been identified beforehand.
Under Spanish law, workplace accident investigations should not be understood as a mere internal formality. Where the circumstances established by law apply, an investigation constitutes a preventive obligation and, at the same time, an essential tool for identifying the causes of an accident, adopting corrective measures and demonstrating appropriate employer diligence.
A thorough and structured investigation allows companies to correct organisational deficiencies, strengthen their safety culture and improve their position in the event of administrative proceedings, damages claims or proceedings relating to Social Security benefit surcharges.
The legal framework: the obligation to investigate workplace accidents
The obligation to investigate certain workplace accidents is established in Article 16.3 of Law 31/1995 of 8 November on Occupational Risk Prevention, which requires employers to investigate where an employee’s health has been damaged or where, as a result of health surveillance, there are indications that preventive measures are insufficient.
The investigation therefore serves a dual purpose.
From a preventive perspective, it allows the company to identify the immediate causes and the organisational or structural causes that contributed to the accident.
From a legal perspective, it allows the company to establish what preventive measures were in place, how they had been implemented and what action was taken following the accident.
Where an investigation is legally required, failure to carry it out may also have administrative consequences. The Consolidated Law on Social Offences and Sanctions (LISOS) establishes certain offences relating to failures to investigate workplace accidents and damage to health.
An inadequate investigation may also create an additional preventive problem: if the company fails to identify the actual cause of an accident, it will be difficult to implement effective measures to prevent it from happening again.
How should a workplace accident be investigated?
A thorough investigation should not simply seek to identify an individual responsible for the accident or settle for an immediate explanation of what happened.
The objective should be to reconstruct what happened and determine why it happened, identifying both the triggering factors and any organisational deficiencies that allowed the risk to materialise.
Preserving evidence and taking immediate action
Once the affected employee has received the necessary medical attention, the company should take appropriate measures to preserve the accident scene and prevent relevant evidence from being altered.
Changing the scene before the relevant technical information has been collected may make it more difficult to reconstruct the events and may subsequently affect any investigation carried out by the Labour and Social Security Inspectorate.
Where circumstances permit, the company should therefore preserve the conditions of the workplace, the equipment involved, relevant documentation and any other evidence that may assist in determining the causes of the accident.
Distinguishing immediate causes from root causes
The investigation should distinguish between the causes directly related to the accident and the organisational deficiencies that contributed to its occurrence.
Immediate causes may include defective work equipment, missing protective measures, mechanical failures or unsafe acts.
Root or organisational causes may include an inadequate risk assessment, insufficient training, the absence of working procedures, inadequate supervision or work rates that create unsafe conditions.
This second dimension is particularly important. Correcting only the element that directly caused the accident may not be sufficient if there is a wider structural problem behind it.
The role of the Prevention Service and employee representatives
The investigation should involve the technical expertise required to analyse the causes of the accident and determine the appropriate preventive measures.
Internal or external Prevention Services play an essential role in this process, while Prevention Delegates and, where applicable, the Health and Safety Committee participate within the information and consultation framework established by occupational risk prevention legislation.
The investigation should ensure that its conclusions are subsequently incorporated into the company’s prevention system.
The post-accident analysis should also be considered alongside potential liabilities arising from workplace accidents and the consequences that may arise in terms of administrative, civil, Social Security or criminal liability.
The investigation as evidence of employer diligence
Workplace accident investigations become particularly important where administrative or judicial proceedings are subsequently initiated.
For example, an investigation may be relevant in proceedings concerning a Social Security benefit surcharge or potential criminal liability for offences against workers’ health and safety.
A technically rigorous investigation supported by appropriate documentary records can help demonstrate that the company:
- had preventive measures in place before the accident;
- responded diligently to the incident;
- objectively analysed the circumstances of the accident; and
- adopted corrective measures to prevent the risk from recurring.
The investigation should not be used to construct, retrospectively, a justification for a business decision that has already been taken. Its purpose should be to objectively establish the causes of the accident and improve the prevention system.
For this reason, the documentation generated before and after an accident may become particularly important if the Labour Inspectorate subsequently intervenes or judicial proceedings are initiated.
Psychosocial risks and organisational factors in workplace accidents
Not all accidents have an exclusively mechanical or physical cause.
In certain situations, human error, distraction or an unsafe decision may be related to factors arising from the organisation of work.
Excessive workloads, time pressure, shift work, accumulated fatigue, inappropriate management styles or work-related stress may contribute directly to the occurrence of an accident.
Where there are indications that work organisation may have contributed to the incident, the investigation should therefore consider this dimension as well.
The connection between accident prevention and psychosocial risks in the workplace is particularly relevant in organisations characterised by high levels of pressure, shift work or complex working structures.
In these cases, the investigation should avoid reducing the analysis to the individual actions of the employee without considering the conditions in which those actions took place.
Workplace accident investigations in international companies
Multinational companies face additional complexity when managing accidents involving Spanish subsidiaries.
International groups often have corporate protocols for investigating incidents and accidents, together with global reporting systems.
These standards can be useful for ensuring a consistent response throughout the group, but they must be adapted to the specific requirements of Spanish legislation.
Investigations carried out in Spain must take into account the obligations established under Spanish occupational risk prevention legislation and any requirements imposed by the Labour Inspectorate or Spanish courts.
Accident management should therefore form part of a broader employment compliance strategy for companies while respecting the specific requirements of the Spanish legal framework.
Accident investigation as part of the company’s safety culture
Workplace accident investigations are much more than a defensive reaction following an unfortunate event.
When properly conducted, they are a continuous improvement tool that allows companies to identify deficiencies, correct processes and strengthen employee protection.
Companies should use the conclusions of each investigation to determine whether procedures need to be modified, risk assessments updated, training strengthened or new protective measures introduced.
Effective prevention does not end when the investigation report is completed. It begins when the conclusions of that report are incorporated into the organisation’s day-to-day management.
At Suárez de Vivero, we advise national and international companies on workplace accident investigations, the preparation and review of investigation reports, assistance before the Labour and Social Security Inspectorate and defence in administrative sanctioning proceedings and litigation.
What documentation should form part of the investigation?
The documentation will depend on the circumstances and seriousness of the accident, but a properly structured investigation should allow the company to reconstruct what happened and establish the working conditions that existed at the time.
Relevant documentation may include the technical report prepared by the Prevention Service, witness statements, the risk assessment applicable to the position, training and information records, documentation concerning the provision of personal protective equipment, machinery maintenance records and the corrective measures adopted.
The purpose is not to accumulate documentation without a clear objective. The aim is to ensure that the investigation file demonstrates what measures were in place, how they were implemented and what action was taken following the accident.
What should a company do after a workplace accident?
The company’s response should begin by ensuring appropriate assistance to the affected employee and the safety of the rest of the workforce.
Once the immediate situation has been brought under control, the company should preserve relevant evidence and initiate the appropriate investigation.
It should also determine which reporting or notification obligations apply to the specific accident and, where appropriate, coordinate the response with the Prevention Service, Prevention Delegates and employee representatives.
The investigation should identify both immediate and organisational causes and determine which corrective measures need to be implemented.
Finally, the company should assess whether the conclusions require the risk assessment or preventive planning to be updated.
This final step is essential. An investigation that identifies a preventive deficiency but produces no subsequent change may be difficult to defend if another accident subsequently occurs in connection with the same risk.
A thorough investigation also protects the company
The primary purpose of a workplace accident investigation should be to protect employees and prevent accidents from happening again.
However, it is also an important element of the company’s legal risk management.
A company that can demonstrate that it had an appropriate prevention system, investigated the accident objectively and adopted corrective measures is in a stronger position to respond to potential administrative or judicial proceedings.
Prevention and legal protection are therefore not opposing objectives. Properly integrated prevention can also become one of the company’s most important legal protection mechanisms.
At Suárez de Vivero, we advise national and international companies on occupational risk prevention in Spain, accident investigations, employment compliance and proceedings before the Labour Inspectorate.
Where an accident gives rise to a dispute or judicial proceedings, our team also advises on employment litigation in Spain and the defence of companies in claims relating to occupational health and safety.
Frequently Asked Questions About Workplace Accident Investigations
Is it mandatory to investigate all workplace accidents?
Article 16.3 of the Law on Occupational Risk Prevention requires employers to investigate where employees have suffered damage to their health or where, as a result of health surveillance, there are indications that preventive measures are insufficient.
From a preventive perspective, it is also advisable to investigate incidents that did not result in injuries where they reveal a significant risk, as this may allow the company to correct the situation before an accident occurs.
Can a company be sanctioned for failing to investigate a workplace accident?
Yes, where the applicable legal requirements are met. The LISOS establishes certain offences relating to failures to investigate workplace accidents or damage to health.
In addition, failing to investigate may make it more difficult for the company to demonstrate that it identified and corrected the causes of the accident.
Does investigating an accident automatically mean that the company accepts liability?
No. An investigation should be objective and aimed at determining the causes of the accident.
The fact that a company investigates an accident does not mean that it accepts liability. A thorough investigation may instead establish that appropriate preventive measures were in place or identify circumstances that exclude or reduce employer liability.
What documentation should accompany the investigation file?
Depending on the case, relevant documents may include the Prevention Service’s technical report, witness statements, the risk assessment applicable to the position, training and information records, documentation concerning the provision of personal protective equipment, machinery maintenance records and corrective measures adopted.
Should Prevention Delegates participate in the investigation?
Employee representatives have information and consultation rights in occupational risk prevention matters. The company must ensure the rights granted by applicable legislation to Prevention Delegates and, where appropriate, the Health and Safety Committee in relation to accidents and preventive measures.
What happens if the accident was caused by an employee’s mistake?
An employee’s mistake or unsafe conduct does not automatically exclude employer liability.
The company should assess the circumstances in which the conduct occurred, including the training provided, existing instructions, supervision, working conditions and preventive measures implemented.
What happens if the accident reveals a problem with work organisation?
The company should assess whether the issue constitutes a root cause of the accident and adopt the appropriate corrective measures.
This may involve reviewing the risk assessment, modifying procedures, strengthening training, reorganising certain tasks or assessing potential psychosocial risks in the workplace where these may have contributed to the accident.
