Downloaded from https://www.everyspec.com requests will contact their local SJA or legal advisor or the USACR/SC command judge advocate (DSN 558–2924 or commercial (334) 255–2924) for guidance. f. Subpoenas for the production of accident reports or for the testimony of accident investigators will be referred to the recipient’s legal advisor or SJA for action required by AR 27–40 in consultation with the USACR/SC command judge advocate. g. Requests for access to accident reports from other staff sections and DOD organizations and commands are governed by the restrictions in this paragraph. The procedures below will be followed in response to these requests.
(1) The requester must state the reason the information is needed and the purpose for which it will be used. If the requester’s purpose is not solely for accident prevention and a collateral investigation was conducted, the requester will state the reason the collateral investigation will not satisfy the requester’s need. (2) If the requester’s sole purpose for requesting the report is accident prevention, the entire report may be released with a warning that further disclosure by the requester is not authorized.
(3) If the requester intends to use the information for any purpose other than accident prevention, only common source data, the names of witnesses, photographs, diagrams, and the results of scientific or technical tests will be disclosed. The following information will not be released: (a) The report’s findings, recommendations, and the investigator’s analysis. (b) The content of witness statements, both confidential and nonconfidential, if they were obtained on a promise they would not be used for purposes other than accident prevention. (c) Medical records unless they meet the requirements of AR 40–66. h.
In addition to OSHA reporting forms, a copy of the nonprivileged portions of safety accident investigation reports in which a Army civilian employee is injured or property is damaged in a Army civilian employee work area may be provided to the exclusive representative of the employee involved and to the appropriate safety and health committee, if requested. This information is provided for purposes of safety/accident prevention only. i. Paragraph 3–29 g (3), above, is punitive. Violations of paragraph 3–29 g (3) are separately punishable as a violation of a lawful general regulation under UCMJ, Art. 92.
Penalties for violating this paragraph include the full range of statutory and regulatory sanctions—both criminal and administrative. Violations by Army civilian employees may result in administrative disciplinary actions without regard to otherwise applicable criminal or civil sanctions for violations of related laws. 3–30. Special reporting requirements Accident investigation and reporting requirements for marine, chemical agent, explosives, ionizing and nonionizing radiation, nuclear weapon and reactor accidents, and biological defense mishaps are addressed in DA Pam 385–40. 3–31. Costing Computations for accident costs will be accomplished in accordance with DA Pam 385–40. 3–32.
Injury and accident rates These rates include recordable injuries and/or accidents with property damage meeting the reporting criteria. To convert the rates obtained in the following formulas (except aviation) to an annual rate for comparison of any time period, multiply the rate obtained by 12 and then divide by the number of months covered. a. Injury rates. (1) Active Army military injury rate. The active Army injury rate is based on the total number of recordable injuries for each 1,000 personnel during a specified period. Injury rates are computed using the following formula: injuries times 1,000, divided by personnel strength. (2) U.S.
Army Reserve and Army National Guard military injury rates. The USAR and ARNG military injury rates are the total number of recordable injuries for each 1,000 personnel during a specified period. Injury rates are computed using the following procedure: (a) Compute prorated strengths by subtracting the active guard reserve (AGR) and mobilized population from the Selected Reserve strength, multiplying the result by 0.1068, and then adding this last result to the AGR and mobilized population. (b) Multiply the number of injuries over a specified time period by 1,000 and divide by the prorated strength as computed in the paragraph above. (3) Army civilian employee injury rate.
The Army civilian employee injury rate is the total number of recordable injuries per 100 civilian personnel during a specific period of time. Rates are computed using the following formula: number of fatalities/lost-time injuries multiplied by 100, divided by the Army civilian strength. b. Accident rates. (1) Army ground accident rate. This rate is the total number of Army ground accidents for each 1,000 personnel over a specific time period. Rates are computed using the following formulas: (a) Active Army ground accident rate . Number of accidents multiplied by 1,000 divided by personnel strength. 35 AR 385–10 • 23 August 2007