WORKPLACE ACCIDENT INVESTIGATION REPORT AND THE ROLE OF THE CAUSAL LINK IN ESTABLISHING EMPLOYER LIABILITY

Abstract

The investigation of workplace accidents is an essential legal mechanism for establishing the circumstances and causes of harmful events, preventing their recurrence, and individualising the liability of the persons involved. This study examines the regulatory and institutional framework governing workplace accident investigations in the Republic of Moldova, the legal nature of the investigation report, and the role of the causal link in substantiating findings concerning the employer’s conduct. The research objective is to identify the conditions under which a breach of occupational safety and health rules may justify attributing the consequences of an accident to the employer. The materials comprise national legislation, ILO Convention No. 155, legal scholarship, methodological guidance, and a judgment delivered in administrative litigation concerning the annulment of investigation reports relating to a collective fatal accident. The legal-dogmatic, systemic, analytical and synthetic methods, together with a case-study approach, were applied. The results show that the mere existence of a regulatory breach or an employment relationship is not sufficient to establish employer liability; the concrete mechanism by which the alleged act or omission contributed to the harmful outcome must be demonstrated. The study argues that the investigation should address decision-making traceability, the legality of the assigned work task, and the integrated assessment of technical, organisational and behavioural factors. Its theoretical and practical implication lies in improving the reasoning of investigation reports and the judicial review of findings made by the investigating authority.