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NEUCOM LTD
www.neucom.eu.com
IIAI
www.iiai.org.uk
FOUNDATION CERTIFICATE
IN
INDUSTRIAL ACCIDENT INVESTIGATION
AND ANALYSIS
ii
CONTENTS
SECTION ONE
Moral obligation
Police investigations
Powers of inspectors
Management systems
4-5
Section summary
SECTION TWO
SECTION THREE
SECTION FOUR
iii
Accident books
3-4
Civil claims
Negligence
4-5
Legal privilege
SECTION FIVE
Heinrichs dominos
SECTION SIX
PART 1
INDUSTRIAL ACCIDENT INVESTIGATION:
GENERAL PROCESSES AND PROCEDURES
Three phases of an investigation
Initial response
1-2
Preliminary information
iv
The investigation file
Forms of evidence
Evidence management
PART 2
AIDS TO GATHERING EVIDENCE
Three stages of an accident
The five Ms
6-7
Exercise
Summary
SECTION SEVEN
Perception
Ability
Preliminary information
Free narrative
4-5
v
Closing the interview
5-6
Exercise
SECTION EIGHT
PART 1
ATTITUDE AND BEHAVIOUR:
An introduction to behavioural influences
Attitude and Behaviour
Behavioural influences
1-2
PART 1
HUMAN ERROR:
An introduction to three types of error
SRK
2-3
3-4
Summary
SECTION NINE
Final Exercise
1.1
SECTION ONE
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Northern Ireland and the Republic of Ireland accounted for an additional .................
deaths between them; including .......... children.
Across the member states of the European Union during 2007...
World-wide, work related accidents and disease kill at least ....... people every minute.
Moral Obligation
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Copyright. Neucom Ltd 2010. All rights reserved.
1.2
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Economics and Finance
A case study involving a construction project calculated the costs of its accidents as
being equivalent to .................. of the tender price.
A case study involving an oil platform calculated the costs of its accidents as being
equivalent to .................. of output potential.
A case study involving a transport company calculated the costs of its accidents as
being equivalent to .................. of profits.
A case study involving a hospital calculated the costs of its accidents as being
equivalent to .................. of annual running costs.
A case study involving a creamery calculated the costs of its accidents as being
equivalent to .................. of operating costs.
1.3
Health and Safety Offences
Moral reasons aside, we saw from tables HSO1/2 why the possibility of criminal
action following an accident can turn its investigations attention towards mitigation
or defence; indeed, some Organisations require their investigators to always have the
potential for criminal (and Civil) 1 action in mind.
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Arrangements cover things such as monitoring of the H&S preventive and protective
measures; which includes ............................................ .................................................
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1.4
Police Investigations
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Powers of Inspectors
Section 20 of the HSWA gives inspectors wide ranging powers. In particular, we
looked at his powers to conduct investigations and interview people.
From the outset of his investigation, an inspector must assume that ..... criminal
............................................. could ............................... .
He will also look for evidence that ........................................ remedial action has been
taken to ............................... .......................................... ............................................. .
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As regards s.20 interviews (also known as ........................................ interviews);
It is an offence to refuse to answer an inspectors questions but, the resulting
statement ............................. be used in criminal proceedings against the person who
provided it.
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Management Systems
All management systems contain a requirement for an investigative process of some
sort; for instance...
OHSAS 18001 requires Organisations to establish and maintain procedures for
defining responsibility and authority forthe handling and investigation of...
....................................................;
1.5
....................................................; and
.................................................... .
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Committed to continual improvement, Organisations that maintain such management
systems utilise the investigative process as part of the mechanism that achieves it.
SECTION SUMMARY
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NEXT
That concludes Section One. Please go through it again if you need to (you should go
through it at least twice). Otherwise, ensure that all relevant areas of your work-book
(i.e. those where bold dotted lines denote that you are required to install
missing text), have been completed and proceed to the section one revision quiz.
2.1
SECTION TWO
EXERCISE:
Other than those that have already been identified or mentioned in Section One, write
down (in the space below) the title and section or regulation number of either an Act
of Parliament or a Regulation that contains a requirement for a duty holder to conduct
an investigation.
Unless you already know, please feel free to ask amongst your friends or colleagues.
Alternatively, go to the Neucom home page, find the open zone reading area and take
a look under UK Regulations.
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NEXT
That concludes Section Two. Once you have completed the exercise, please proceed
to Section Three (note, there is no presentation for section three).
3.1
SECTION THREE
Arrangements (i.e. what is to be done, how, where and when); such as...
o Instructions and guidance for various personnel;
first actions at the scene.
forms to be used.
deadlines for form completion.
o The level of training required by various personnel;
o Reporting procedures;
Internal requirements.
External requirements (e.g. in England, RIDDOR).
o ...and so on.
Whilst you can no doubt think of others, it has been said that the most important
element of an accident investigation program relates to its reporting procedures; on
which note, please now proceed to the section three revision quiz.
4.1
SECTION FOUR
Whilst your employer may operate one or more of the above, we will concentrate here
on those that are termed open; typically, these are required by law.
Many Organisations do not have accident books in their workplaces but, collect the
legally required information in some other way; the legally required information is...
The name, address and occupation of the injured person; or the person who is
completing the entry on their behalf.
The date and time of the accident and the place where it happened.
4.2
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
These Regulations (referred to as RIDDOR) require duty holders to notify and report
specified events within specified time limits to the relevant enforcing authority;
There is a death of any person from an accident arising out of, or connected
with, work; or
As soon as practicable and within 15 days for a). and 10 days for b).
4.3
Form F2508; Part G.
Deaths, injuries and dangerous occurrences are reported on form F2508 (diseases on
form F2508A). Whilst most of the information required by the F2508 will be readily
available, it is not always possible to complete Part G until an investigation has been
conducted; Part G asks the person completing it to...
Describe...
Dangerous Occurrences
Reportable Diseases
4.4
Civil Claims
The Health and Safety at Work Act 1974, the Management of Health and Safety at
Work Regulations 1999 and RIDDOR, for example, form part of the criminal law.
Criminal charges are brought by the State or Crown against Persons or Organisations;
with possible outcomes being a fine and/or imprisonment.
However, when a party (the claimant) feels that an injury or loss they have suffered
was due to the fault of some other party (the defendant), they utilise the civil law.
Civil claims are brought by Persons or Organisations against other Persons or
Organisations; with possible outcomes being remedial or compensatory. The process
usually begins with the claimants solicitor issuing a letter of claim to the defendant
and a copy for their insurer. In order that the defendant can start to investigate and put
a value on the risk, the letter must set out a clear summary of the facts and indicate
the nature of the injury/illness and/or financial loss incurred.
Defendants must acknowledge letters of claim within 21 days of receiving them and
(via investigation) admit or deny liability within three months of the letter of claim
being acknowledged.
Note: most Organisations have departments and/or persons that deal specifically with
letters of claim. Employees and investigators who come across these (unless passed
internally for comment) should pass them immediately (complete with the envelope
they came in if possible) to the relevant persons or department.
Negligence
Whilst it is sometimes possible to make a civil claim based on a breach of statutory
duty, most are brought under negligence; defined in Blyth 2 as...
the omission to do something which a reasonable man, guided upon those
considerations which ordinarily regulate the conduct of human affairs, would do,
or doing something which a prudent and reasonable man would not do.
As such, and recalling our earlier definition from Donoghue also, negligence will be
proved if it can be shown that...
The defendant owed the claimant a duty of care;
4.5
The defendants negligence breached that duty of care; and
That breach caused the injury, loss or damage.
Any document that has to be produced by law in order to comply with the
requirements of a relevant Act of Parliament or Regulation.
Legal privilege
Legal privilege recognises the right of a party to...
However, for legal privilege to apply to a particular document, the main reason for its
existence must be that it was prepared for the partys legal advisors.3
Note, therefore, that documents and records that have to be produced in compliance
with, for example, RIDDOR, Accident Books, risk assessments, training, equipment
maintenance and routine accident investigations will not be legally privileged.
NEXT
That concludes Section Four. Please now proceed to the section four revision quiz.
5.1
SECTION FIVE
Accident ratios
Major.
Minor.
Property.
............... ...............
..................
..................
.............. ................
Injury by chance
He also found that the circumstances in the near-miss accidents were .......... ................
as those in the ................... .......................... .
5.2
Heinrichs accident causation theory
Heinrichs theory sees an injury as being the end result of a series of ....................... or
............................................... ; since each was dependent on another, he likened the
sequence to a row of falling dominos.
Heinrichs dominos
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.............................. ......... ........ ..............................
............................. ........................
............................. ........................
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5.3
Number 3: the critical domino
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Heinrich saw the removal of domino 3 as being critical due to his findings that ........
% of accidents were caused by ........................... .............................. and 88% by
............................. ............. .
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Copyright. Neucom Ltd 2010. All rights reserved.
5.4
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Heinrichs theory and Birds subsequent model appear to present opposing views on
cause; however, for us, they are a reminder that....
People, alone, are sometimes the cause of accidents;
Management, alone, are sometimes the cause accidents; and
Sometimes, it is a mixture of both.
An objective and impartial investigation will discover which, regardless.
5.5
SUMMARY AND CONCLUSION
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NEXT
That concludes Section Five. Please go through it again if you need to (you should go
through it at least twice). Otherwise, ensure that all relevant areas of your work-book
(i.e. those where bold dotted lines denote that you are required to install
missing text), have been completed and proceed to the section five revision quiz.
6.1
SECTION SIX
Part 1:
ACCIDENT INVESTIGATION:
GENERAL PROCESSES AND PROCEDURES
Instruction:
There is no on-line presentation for Part 1 of this section. Once you have read
through this first part, please proceed to the on-line presentation for this section
where we will work through Part 2.
In addition to complying with the specifics of any scope of work that might have been
provided by the person or department requesting the investigation, we must always
adhere to our employers general instructions, protocols, processes and procedures;
that said, the following will assist us in what ever form those instructions etc arise.
Initial response
The initial response to an accident should be documented as a procedure that has to be
followed by all personnel (i.e. those at, or local to, the scene, relevant others in the
Organisation and, of course, investigators).
In particular, for us, instructions requiring those already on site to take certain steps
and precautions to ensure the integrity of the scene whilst the investigator is on route
can be critical. Often, investigators arrive to find that witnesses have been allowed to
leave without contact information being taken; or, that rescue, recovery or
remediation work has left the scene no longer resembling the final point in time when
the accident occurred.
Work that is necessary, for instance, to make a particular operation, process, structure
or item of equipment safe can relegate scene preservation to a secondary concern.
6.2
When disturbance is unavoidable, those on site should make sketches or take
photographs that will inform the investigator as to the full extent of the disturbance
(i.e. inform him of how the scene looked immediately after the accident).
A scene that is as close as possible to the final point in time of the accident is the one
that usually assists the investigator most.
Preliminary information
Our initial information will usually come to us via the person who is requesting the
investigation; the sort of things we may need to know are...
Is there any specific scope or instruction from them;
Who is the investigation for?
o The names of those who can assist and/or who may receive any
resulting information.
6.3
First actions at the scene
These will be guided by the above instructions and information and, importantly, by
what the investigator learns or finds once he arrives.
Locating the primary contact should be the first priority. The investigator will want to
visit the scene at some time and should seek information regarding any disturbance to
it and/or actions taken to preserve or protect it. He will also need to know about what
was going on, who was in control of the relevant task, area or process and about any
injured parties, participants and witnesses. From this and other information obtained
during the meeting or briefing (many of the above questions might be answered by
this person and they may well be the one who has requested the investigation) with
the primary contact, the investigator should be able to plan and prioritise accordingly.
Forms of evidence
In a very general sense, evidence will come in one of five forms...
Physical;
Electronic;
Photographic;
Documentary; and
Testimonial.
6.4
Evidence management
Evidence sometimes has to be moved and/or retained by the investigator; if you move
a piece of potentially critical evidence...
If you have to retain an item of evidence (assuming you are authorised to)...
6.5
Part 2:
AIDS TO EVIDENCE GATHERING
Please go to the on-line presentation for this part. Go through the presentation and,
as soon as you are happy, complete the exercise below and any relevant areas here
in your work-book before going on to Section Seven. Note, there is no revision
quiz for this section.
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Copyright. Neucom Ltd 2010. All rights reserved.
6.6
The Five Ms
M.......... .
M.........................
M................. .
M..................................... .
M............................... .
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W.........
6.7
What..................................................................................................................?
W.......................................................................................................................?
............................................................................................................................?
............................................................................................................................?
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6.8
EXERCISE
As there will be much more information coming in during the course, please start
to install the information into any relevant areas of the forms that you use for these
purposes in-house.
Machine involved:
Drivers name:
Materials involved:
People involved:
Property damaged:
Regarding the use of PPE or other safety devices (e.g. seat belts) at the time of
the accident:
6.9
SUMMARY
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NEXT
That concludes Section Six. Please be sure to complete the exercise and the relevant
areas of your work-book before going to Section Seven (there is no revision quiz).
7.1
SECTION SEVEN
Perception
Generally, we classify what we see as either object or background. Backgrounds
are essentially formless and help us to judge the location of objects that we see in
front of them; however, we occasionally receive mixed cues about which is which.
Faces or vase?
Ability
Apart from the obvious stresses that a witness could be under, we must remain alert
to the possibility of other disadvantages.
According to the definition of disability under the Disability Discrimination Act 1995,
one in five of us has impaired
Mobility.
....any of which could affect or limit what we were able to see or hear; or, as regards
the first two points, our ability to answer certain questions or recall things.
7.2
Lying and Deception
There is nothing extraordinary about lying, we start from about age three and continue
on a regular basis as we get older (we also spend quite a bit of time wondering if
things we have been told are true or not).
Of course, not all lying is malicious; sometimes, we can justify a little white lie. In
such cases, it easy to conceal the lie and we tend to get away it; however, things are
not quite so easy when the stakes are high.
Consciously lying in these cases is so emotionally and cognitively taxing for most of
us that there is a risk of displaying the associated signs of...
Guilt;
Fear;
Excitement;
Shame.
When these emotions are out of control and in hand with a lie, they can cause us to...
Increase the pitch of our voice and the number of speech errors;
Of course, some interviewees might just be nervous; so, be careful with the above. At
worst, all a lie means is that you will need to make further enquiries.
Interviewer Goal
Mutual Goal
Interviewee Goal
7.3
Why are we interviewing?
We first need to be clear about why we intend to interview a particular witness; how,
by whom, or why, were they identified to us; what part/s of the accident sequence
might they be able to tell us about; what could, or should, they know. Think about...
Preliminary information
Interviewers should familiarise themselves with all available information regarding
the accident. If not known, personnel should be sought who can advise on regulatory
and organisational requirements applying in the particular location as well as the
personnel, equipment and materials in use there and any special or unique features.
We also need to find out as much as possible about the person to be interviewed.
The possibility of stress or shock, the need for treatment and the recovery
times for any of these.
Where they work (i.e. locally or some way away), shift patterns, holidays.
Whether they are a member of the public or (for instance) a delivery driver
(i.e. someone who might have more pressing matters to attend to elsewhere).
Ideally, interviews should be conducted as soon after the event as possible; however,
this is not always possible or practicable. Where this is the case, ensure that you have
enough information about them to enable contact at a later stage.
Copyright. Neucom Ltd 2010. All rights reserved.
7.4
The interview environment
Interviews are often conducted locally, at or near the scene. General consideration
should always be given to the following but some interviews require more than others;
as regards a particular location/environment, consider things like...
General accessibility.
Aids that might be required such as sketches, diagrams or photos (it sometimes
helps to show a witness (and/or to get them to show you) where they were at a
certain time or in relation to a certain event).
Free narrative
We need to know what the interviewee knows and this is best achieved, initially, with
a well framed open question; i.e. invite them, at the appropriate time, to....
Tell you...; or
Explain to you...; or
Describe to you... (e.g. tell me about the load on the fork lift; or describe
Jims fork lift to me; or explain how you came to be in the area).
7.5
When the witness has provided their response or answer, summarise it back in order
to confirm or clarify your understanding. Summaries should entail para-phrasing; i.e.
repeat things back as they were said to you, dont introduce new words or meanings.
7.6
If you suspect a lie, dont take it personally; make further enquiries and be guided by
the weight of evidence.
Plan properly and gather as much preliminary information as you can.
Think about the order and location of interviews.
Ask questions appropriately, then listen to the answers.
EXERCISE
Based on what you now know from the presentation, either amend the information
that you previously installed into page 6.8 above; or, ideally and if at all possible,
install what you can into the relevant areas of any forms that your Organisation uses
for such purposes (more information is coming later).
If you are making lots of changes, ask yourself why?
Did you make any assumptions?
Did you assume that the initial information given to you was correct?
Note: There is no revision quiz for this section.
8.1
SECTION EIGHT
Part 1:
ATTITUDE AND BEHAVIOUR:
An introduction to behavioural influences
Please go through the on-line presentation at the same time
as your work-book.
Behavioural influences
Ideally, we like to behave in accordance with our attitude; doing something that is
contrary to our personally held views and beliefs can make us feel uncomfortable.
Nonetheless, the many considerations that people have to make and the influences that
come to bear on them do, regularly, modify their behaviour. In both work and play,
most of us weigh up a number of things before deciding to behave in a particular way.
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8.2
ATTITUDE
TO THE
BEHAVIOUR
BEHAVIOUR
SUBJECTIVE
NORM
Adapted from Ajzen & Madden (1986).
Part 2:
HUMAN ERROR:
An introduction to three types of error
As well as people and circumstances being able to effect our behaviour, nature has its
ways too; we sometimes do what we do in complete error, totally unaware.
If you take your IIAI studies further, you will look at this subject (and the one above)
in progressively more detail. Here, at Foundation level, it is only necessary to get a
handle on the basics; so, lets start with an introductory look at the SRK framework. 5
SRK
The SRK framework identifies three types of mental behaviour that could be guiding
or controlling a particular task, depending on its nature; the three types are
Skill-based;
Rule-based; and
Knowledge-based.
Skill-based behaviour is well learnt and results from a high degree of practice;
responses are virtually automatic (e.g. skilled typists).
Rule-based behaviour arises when the situation is familiar and we recognise the need
for a known rule to be applied (e.g. we see a red traffic light, we stop).
5
Rasmussen (1979).
8.3
Knowledge-based behaviour arises when we have no skill or rule to apply and are
working things out as we go (e.g. when an unusual or unexpected problem arises).
SRK:
Type of mental
behaviour
GEMS:
Type of error
Error characteristics
Skill-based
behaviour
Skill-based errors
SRK:
Type of mental
behaviour
GEMS:
Type of error
Error characteristics
Rule-based
behaviour
Rule-based errors
GEMS. Reason (1990). The accompanying tables have been adapted from this. Note, Reason termed
certain errors as mistakes; for ease of basic study, we have termed all as errors.
8.4
SRK:
Type of mental
behaviour
GEMS:
Type of error
Error characteristics
Knowledgebased
behaviour
Knowledge-based
errors
SUMMARY
Regardless of what a persons stated or declared attitude might be, there are many
things that can influence their behaviour.
We are all prone to error; sometimes the error is intentional, sometimes it isnt.
That concludes this section. Please ensure that relevant areas of your workbook have been completed and, if happy, proceed to the on-line quiz.
9.1
SECTION NINE
This section commences here in your work-book. Read on until your are asked to
go to the on-line presentation. When the presentation ends, return here to complete
the final exercise.
Introduction
As evidence is gathered, a picture of the likely sequence of events will begin to
emerge. We will start to find out about who was involved, what they were doing,
where, at what time, the equipment and tools involved and so on. We will find out
about circumstances, environmental conditions, the position of things, their weights,
sizes and similar quantifiable data.
14:05
14:10
14:11
14:16
Paul, the person who interviewed Jane, has been continuing with the investigation and
has produced some charts; so lets go to the presentation and see what hes done.
15:15
20/10/07
08:00
21/10/07
14:05
22/10/07
14:10
14:11
14:16
14:25
23/10/07
9.2
FINAL EXERCISE
Paul has now provided additional information for you. Hopefully, you have been
updating your in-house forms as the information has been coming in; if you havent
already done so, please update them where you can now.
Whilst Paul has some experience as an investigator, he is a little nervous due to his
lack of experience around man holes and fork lifts; quite rightly, he has declared this
to you. Neucom obviously received a copy of his diagram and notes and we have
reproduced things here in a manner that will allow us to see what he intended to do
next. As Paul requested, we have left spaces for you to comment about what he has
done; please also feel free to make notes on what you would have done and/or on
what you will do next.
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Paul has done well. He made contact with all of the key witnesses early and would be
able to go back to any of them again if he needed to.
He didnt get everyones surname but he told us that was due to nerves.
His questions were brief and to the point. He listened when he needed to and we saw
evidence of him providing non-committal prompts during Janes interview. He also
stayed silent when necessary during Bobs interview.
He was aware that he posed a question incorrectly to Bob regarding the oil etc having
come from the fork lift.
His notes were concise and enabled him to construct the accident time line in
reasonable detail at this stage.
Based on his latest diagram, he considered the sort of questions that would need
answering in order to analyse the related system requirements for fork lifts and work
in man holes.
9.3
Are there other man hole covers that might not be able to stand the weight of a loaded
fork-lift? Perhaps all relevant man hole covers should be inspected in the mean time.
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I need to know whether a permit was required for the repair work in the man hole. If
so, would it have prevented the man from forgetting about the bung. Also, should
anyone have inspected his work before declaring the job to be completed?
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Mr Smith attended the repaired man hole on his own to remove the bung. The man
hole is two metres deep. I would like to know what the policy is for confined spaces
and lone working.
I also heard that the tyres on the fork lift in question were due for replacement. Whilst
I do not see them as a causative factor (the man hole could easily have failed (and was
probably was about to) due to the weight of a fully loaded fork lift regardless of its
tyres), critical maintenance has been missed due to a supplier.
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9.4
At the accident scene, I found six empty boxes. Combined height stacked would be
approximately three metres. Individual weight approximately 18kgs. These had not
been secured to the fork lift. The underlying reason for this failure to secure a load
should be addressed along with seat belt use.
There could have been additional injuries since one of the boxes narrowly missed Jane
when it fell.
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Even though I have no experience of fork lifts and man holes, I am learning that all I
need to do is think about the controls that were, or should have been, in place to
prevent or minimise the injury or damage. In short, if the system was followed, would
the damage or injury have occurred?...and then, report or recommend accordingly.
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That concludes your course. Please keep your completed work-book safe in
case you take your IIAI studies further.
If you have filled in all of the areas in your work-book that require text to be
installed and, have completed all of the revision quizzes, you may now
proceed to the final exam.
Everything you need to pass it should now be in your work-book so, best of
luck and hope to see you on the IIAI members roll soon.