W. Va. Code R. § 141-34-3-3

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 141-34-3-3 - Investigating and Reporting of Army Accidents

a. Responsibilities. The commander of an organization or facility having experienced an accident will ensure that:

(1) The accident is investigated and the classification of the accident is determined (Class A, B, C or D as stated in para 2-3, AR385-40). The investigation will be initiated immediately to ensure expeditious completion and forwarding of the accident report.

(2) The causes are determined and corrective actions instituted.

(3) DA Form 285, Accident Report (AR 385-40 and appendix A, this regulation) is prepared as required. Particular attention should be given to the analysis and stated corrective actions taken or anticipated to prevent a similar accident.

b. Reportable accidents. All accidents are reportable through normal command channels to the State Safety Office. The State Safety Office is responsible for:

(1) Maintaining a file of the accident reports in accordance with the provisions of AR 25-400-2 and AR 385-40.

(2) Analyzing reportable accident data for mishap prevention purposes, including:

(a) Disabling injuries to or deaths of non-WVARNG people occurring as a direct result of WVARNG vehicles, aircraft or equipment/material operations, or when the WVARNG may be reasonably assumed to become involved in a lawsuit.

(b) Organization/facility accidents occurring to non-WVARNG individuals other than cited in paragraph 3-3b(2)(a).

c. Recordable accidents. Accidents classified as Class A, B, C, or D property damage (para 2-3, AR 385-40) are recordable and will be reported in accordance with the provisions of paragraph 3-3a.

(1) DA Form 285 will be prepared for all accidents, excluding aircraft mishaps will be forwarded through channels to the State Safety Office as soon as possible but not later than 15 days after the accident.

(2) The State Safety Officer will complete Section G, items 70 through 75 of Da Form 285 for all accidents. For Class A and B accidents only the form will be forwarded to the ARNG Safety Office (NGB-AVN-S), Building E6810, Aberdeen Proving Ground, Maryland 21010-5420, as soon as possible but not later than 19 days after the accident.

(3) Natural phenomenon (acts of God) resulting in damage to WVARNG property or injuries will be reported on DA Form 285.

(4) When a WVARNG military person in IDT, AT, ADSW or ADT status, or a WVARNG technician or contractor employee in a compensable status is assumed to have died in an accident but the body is not recovered, a DA Form 285 (along with other appropriate reports) will be completed by the responsible unit or facility and forwarded to the State Safety Office. This will be accomplished as soon as it is reasonably determined that a fatality has occurred.

d. Serious accidents and special Occupational Safety and Health Act reports, RCS1146-DOLOXX. Report of Serious Accident (ROSA).

(1) Occupational injuries, occupational illnesses and property damage, involving on-duty WVARNG Military personnel, WVARNG technician and/or non-WVARNG personnel as a result of an Army or WVARNG operation, equipment or material, which result in one or more of the following, will be reported to the State Safety Office immediately. The State Safety Office will, in turn, report, by message, within one working day the occurrence to HQDA, Washington, DC, IIDAPE-HR//, CDR, USACSC, Fort Rucker, AL//PESC-Z//

(a) Fatal injury to one or more WVARNG or non-WVARNG personnel.

(b) One or more WVARNG or non-WVARNG personnel who are missing and presumed dead.

(c) An injury and/or occupational illness results in permanent partial disability; or five or more people are hospitalized as inpatients.

(d) Property damage of $100,000 or more.

(2) WVARNG units/facilities will report accidents and illnesses as defined in paragraph 3-3d(l)(a) using the message format in Appendix C, AR 385-40.

(3) Occupational injuries and illnesses to WVARNG personnel caused by a worksite accident or exposure to the work environment will be reported in accordance with the provisions of Chapter 4 of NGR 385-10 and this regulation.

e. Non-aviation accident investigation boards.

(1) The Adjutant General will appoint accident investigation boards that may consist of one or insure individuals for the following types of accidents:

(a) All class A&B accidents, except those involving off-duty fatalities.

(b) Any accident regardless of class, that an appointing authority believes may involve a potential hazard serious enough to warrant investigation by a multimember board.

(c) The Adjutant General will:

(a) Appoint the president and other members of the board from units or facilities other than the unit or facility experiencing the accident. An exception will be that one person from the unit or facility experiencing the accident may be designated as an advisor for the purpose of enhancing the investigation and reporting of the accident.

(b) Request support from the National Guard when the investigation requirements are beyond the capability of the WVARNG.

(c) Request guidance from the National Guard Bureau to effect the appointment of an accident investigation board when an organization/unit incurring the accident is nor under the jurisdiction of the Adjutant General.

(d) Give priority to accident investigation and reporting duties to ensure expeditious completion and transmission of reports.

(e) Ensure that no member of the board has a personal interest in the accident.

f. Coordination of information. When a WVARNG motor vehicle or privately owned motor vehicle accident occurs, the WVARNG official accident investigation officer/board will coordinate with the appropriate provost marshal and local and/or state police to obtain all the factual information surrounding the accident. When the military police have investigated the accident and have completed the Military Police Traffic Report (DA Form 3946), information from this report may be attached as a supporting document to the Army accident report.

g. Reporting of WVARNG accidents at Army installations, will be reported according to local policy. A copy of all accident report and related reports will be forwarded to the Adjutant General's Office, ATTN: State Safety Office.

W. Va. Code R. § 141-34-3-3