Culpability and liability

In a police investigation of a severe accident, the investigators will look for breaches of statutory duties and other evidence of criminal negligence or wilful criminal acts. When addressing the question of culpability, the investigation will produce defensive reactions on behalf of the individuals and the organisation concerned. These reactions will counteract openness and trust and will obstruct the learning process. 

Earlier, it was common to put the blame on the persons closest to the scene and with direct influence on the accidental event, i.e. workers and first-line supervisors. New legislation on requirements for companies SHE management systems has made it possible to impose penalties on the company or its higher management (Hale et al., 1997). The legislation on liability for compensatory payment in the area of product safety works in the same direction. 

At the same time, the authorities must be aware of the negative side-effects of police investigations. It has been proposed that the authorities law-enforcement role can be played down in cases where the company demonstrates a clear willingness to learn from the accident. This principle should also apply when there is significant new learning involved as compared to a case when the same type of accident happens again. 

---