USWMF and the Family's Bill of Rights

When a loved one dies families do not know where to turn for answers. The OSHA and MSHA incident investigation and workers compensation systems are complicated and confusing. Families find little support from government officials when they try to learn why and how the workplace incident occurred. Current legislation does not include the rights of family members in the investigative process. They are left in the dark to deal with their loss. Families often seek justice so that other families don’t suffer the same pain and can contribute much to the preventive aspects of workplace health and safety. Together we can change the way families are treated by giving them the right to a fair and transparent process, one that gives a voice to their loved one.

A Bill of Rights for Family-Member Victims of Workplace Fatalities

Workplace fatalities have a tremendous impact on the community. The workplace, friends and families are confronted with the unexpected loss of the fatality victim. No one is affected more than the family members.

When a spouse, parent, son, daughter, or fiancé dies in a workplace accident, their loved ones have a special need to understand the death. For many family members, their grief persists and is unresolved unless they receive all available information about the circumstances of the work-related fatality. The following Bill of Rights for family member victims of workplace fatalities would provide fundamental privileges to the loved ones left behind by workplace accidents.

1. A federal liaison office must be established to provide family members with information about the accident investigation(s) process, role of other State or Federal agencies, workers’ compensation and other matters related to their loved one’s death. (SB)

2. Family members must have full “party status” in legal proceedings involving OSHA, MSHA, or whatever state or federal agency is conducting the workplace-fatality investigation.

3. Family members must have the right to designate a representative to act on their behalf in all matters related to the investigation and any follow-up legal actions related to the investigation.

4. Family members must be notified of all meetings, phone calls, hearings or other communications involving the accident investigation team and the employer, and be given the opportunity to participate in these events.

5. Family members must have the opportunity to recommend names of individuals to be interviewed by the accident investigation team and to submit questions to the investigators for response by the interviewees. Family members should be given access to all transcripts of interviews, affidavits, or written statements made by witnesses and others interviewed for the investigation. (DS)

6. Family members must have the right to be kept routinely [no less than once every 14 days] informed by federal and state officials (e.g., OSHA, OSHA State-Plans, MSHA) on the progress of the incident investigation, including an estimate of when the investigation will be completed.

7. Family members must have the right to conduct an independent investigation of the work-related fatality or serious injury, including the right to visit the scene of the accident before it is released by the investigation team back to the employer’s control.

8. OSHA and MSHA must assure that all physical evidence related to the accident investigation is preserved and secured in a tamper-resistant environment. Family members should have the right to view all physical evidence. (SB)

9. Family members should have access to all documents gathered and produced as part of the accident investigation, including records prepared by first responders, and state and federal officials. Information mentioning the deceased family-member’s name and condition should not be redacted from documents provided to family members. All fees related to the production of documents should be waived for family members. (WN)

10. Family members must be compensated for the time and expenses incurred because of a work-related fatality or serious injury. In cases where the deceased or seriously injured worker has no spouse or dependent children, a parent of the worker should be compensated for funeral cost, travel and medical expenses, and lost wages. (CG)