Fatal Accident on Site: Employer Duties & the PIP
This is the article no one wants to need - and that is exactly why you should read it before you need it.
This is the article no one wants to need - and that is exactly why you should read it before you need it. Picture the worst day on a construction site: a man falls from scaffolding and does not get up. In that instant nothing else counts. But right after the first shock a second reality kicks in - the obligations the law places on you as the employer, and by the hour, not "some day". Whom do you notify, and in what order? What must you not touch on site? When do the PIP (Polish Labour Inspectorate) and the prosecutor arrive? In this article I go through it step by step - calmly, so that in the heat of the moment you do not make a mistake that worsens both the tragedy and your position. In the BudoReady FULL package you have ready-made reaction procedures and an accident report template prepared for exactly such a day.
Key points in brief
- A fatal accident (and also a serious or collective one) must be reported immediately to the competent labour inspector (PIP) and to the prosecutor.
- Priority goes to saving life and securing the scene - beyond the rescue operation you must not change the state of the accident scene without the consent of the appropriate authorities.
- You appoint an accident investigation team, which establishes the circumstances and causes and draws up an accident report.
- Two tracks run in parallel: the PIP (investigating circumstances, misdemeanours) and the prosecution (criminal proceedings, including under Article 220 of the Criminal Code, KK).
- Complete OSH documentation (occupational safety and health) kept beforehand is your main evidence of due diligence in both proceedings.
The first minutes - saving life and securing the scene
Before you think about any paperwork, there are two absolutely first things. You save life - call the ambulance (112/999), give first aid, evacuate those at risk. And you secure the scene - cordon off the area, stop the work in the vicinity of the incident, keep bystanders away.
A key rule easy to forget in the panic: beyond what is necessary to rescue people and prevent further hazards, you must not change the state of the accident scene - move machines, clean up, "tidy" - without the consent of the competent labour inspector and prosecutor. Disturbing the scene is not just an obstacle to establishing the causes; it is a signal that in criminal proceedings works decidedly against you.
Whom you notify and when
For a fatal, serious or collective accident the reporting obligation is immediate. Article 234 § 2 of the Labour Code (KP) obliges the employer to notify the competent district labour inspector and the prosecutor without delay. Do it without delay - this is not something you "deal with tomorrow".
The order of actions in practice:
- Rescue and ambulance - 112 or 999, first aid.
- Securing the scene - cordoning off, stopping the work in the area.
- Notifying the PIP and the prosecutor - immediately, for a fatal/serious/collective accident.
- Internal notification - site manager, OSH service, general contractor/investor if you act as a subcontractor.
- Starting the accident procedure - appointing the team, documentation.
The accident investigation team and the report
After securing the scene and reporting, you start the procedure of establishing the circumstances and causes. You appoint an accident investigation team (usually an OSH service worker and an employee representative - and in a micro-business with no OSH service, the composition is set in accordance with the regulations, e.g. with a specialist from outside the workplace).
The team:
- inspects the accident scene, the state of the machines and safeguards;
- gathers statements from the injured person (if possible) and witnesses;
- establishes the circumstances and causes of the incident;
- draws up the accident report within the required deadline and in line with the template.
The accident also goes into the register of accidents at work. A diligent, timely report is not an after-the-fact formality - it is part of your defence. We set out step by step how to keep it in the article on the accident register and accident report.
Two tracks of proceedings - the PIP and the prosecution
After a fatal accident two institutions appear and look at the same event from different angles.
The PIP investigates the circumstances and causes of the accident, checks all the OSH documentation, and assesses whether the regulations were breached. The inspector can penalise misdemeanours, issue decisions (e.g. stopping the work), and where a crime is suspected - notify the prosecution. It is often the PIP that "passes the ball" to the prosecution.
The prosecution conducts the criminal proceedings. It examines, among other things, exposure under Article 220 of the Criminal Code (a person responsible for OSH who fails to meet an obligation and exposes a worker to immediate danger of loss of life or serious injury - up to 3 years), and where there is a death - also offences against life and health (e.g. involuntary manslaughter). The prosecutor appoints an OSH expert who analyses your documentation, the state of the safeguards and the organisation of the work. The expert's opinion carries the most weight in the case - and the expert judges on the basis of the papers you have or do not have.
These are two separate tracks. You can answer for a misdemeanour before the PIP and, in parallel, stand before a criminal court for the same event. More on this line in the article on an accident without documentation and Article 220 KK.
Obligations step by step - a table
Keep this table to hand. In the heat of the moment no one remembers the paragraphs, but the order of actions must be clear.
| Stage | What you do | Basis / note |
|---|---|---|
| Immediately | First aid, call the ambulance (112/999) | Priority: life and health |
| Immediately | Secure the scene, no changes in the incident area | Art. 234 KP - do not change the state without the authorities' consent |
| Without delay | Notify the PIP and the prosecutor | Art. 234 § 2 KP - fatal/serious/collective accident |
| After reporting | Appoint the accident team, inspect, take witness statements | Establishing circumstances and causes |
| Within the deadline | Draw up the accident report, enter it in the accident register | In line with the template and procedure |
| Cooperation | Make documentation available to the PIP and prosecution | OSH documentation = evidence of due diligence |
Why earlier documentation decides everything
This is the crux. After a fatal accident nothing can be "made up" any longer - and if you try, you add the charge of falsification and negligence. What counts is only what you had before the incident: a current risk assessment for the workstation, signed training cards, valid examinations with the work-at-height annotation, safe-work instructions, scaffolding handover reports, confirmations of protective equipment issue. All this tells the expert and the prosecutor one thing: this employer did what was required of them.
An empty folder says the opposite - that a man went into danger without training, instructions and safeguards. In criminal proceedings that is the difference between a witness and a defendant. Documentation will not stop scaffolding from collapsing, but it shifts the weight of the assessment in your favour.
Frequently asked questions
Whom must I notify after a fatal accident on a construction site?
After a fatal, serious or collective accident the employer is obliged to notify the competent district labour inspector (PIP) and the prosecutor without delay. This follows from Article 234 § 2 of the Labour Code. Before that, of course, you call the ambulance and give first aid.
Can I clear the accident scene before the services arrive?
No, beyond the actions necessary to rescue people and prevent further hazards. Until the circumstances are established by the appropriate authorities, you must not change the state of the accident scene without the consent of the competent labour inspector and prosecutor. Disturbing the scene works against you in the proceedings.
Am I criminally liable even if I had a full set of documents?
A complete set of OSH documentation does not grant automatic immunity, but it is key evidence of due diligence. It shows that you met your obligations - you identified the hazard, trained and equipped the worker. This usually decides whether the prosecutor brings a charge under Article 220 KK or accepts that the accident happened despite due diligence.
Who makes up the accident investigation team in a micro-business?
The accident team is usually made up of an OSH service worker and an employee representative. In a small firm with no OSH service of its own, the composition is set in accordance with the regulations - most often with an OSH specialist from outside the workplace and a person appointed by the employer. What matters is that the team is appointed, not that the report is produced "on the fly".
Have the reaction procedures ready - the FULL package
Let's be honest - on the day a tragedy happens, no one starts by writing a procedure from scratch. It is for exactly this moment that we prepared the FULL package (749 zł, 45 files). It has everything from the STARTER and STANDARD packages, plus a package for reacting to the PIP and to an incident: a ready accident report template, an accident register, a procedure for notifying the authorities, and a list of steps to take after an accident and once the inspector is already on site. That is the difference between panic and calm, correct action.
The documents are in a PL and UA version, tailored to PKD 43 (Polish business activity code) - so you can communicate with the whole crew even in a crisis. The promotion runs until 7 July 2026 - that is, just before the PIP reform comes into force, strengthening inspectors' powers.
See the FULL package with PIP reaction →
The takeaway is heavy but true. You cannot undo a fatal accident. But you can take care of two things: that it does not happen - through real safeguards and a trained crew - and that on the worst day you know what to do minute by minute. Procedures and documentation are not bureaucracy. They are something you prepare calmly, so that in the heat of the moment you fail neither the injured person nor yourself.
This article is for information only and does not replace individual legal advice or a consultation with an OSH specialist. Document templates require individual adaptation to the reality of your company and specific workstations, and the current legal position should be verified as at the date of use.