In the event of an accident at work, witness statements play a crucial role in establishing the causes and responsibilities. But what if a person present at the scene refuses to cooperate with the investigating committee? The law distinguishes between two essential situations:
- Investigation by a labor inspector
In this situation, a worker’s refusal to give a statement can be directly sanctioned, according to Art. 23 of Law 108/1999 on the organization of the Labour Inspectorate. The law considers this behavior as obstruction of control activity, and the inspector has the authority to apply administrative fines.
- Internal investigation by the employer’s committee
If the investigation is carried out internally, by the committee appointed by the employer, there is no direct legal framework for sanctioning the witness who refuses to cooperate. However, the SSM committee has some useful procedural levers at its disposal:
- If the witness is an employee of the company: management support may be requested to facilitate the hearing. If the refusal persists, the committee may send a formal notification with acknowledgement of receipt, stating that the refusal may constitute disciplinary misconduct, in accordance with the internal rules.
- If the witness is external (client, collaborator, other third party): in justified cases, the assistance of the authorities – usually the police – may be sought to obtain a formal statement.
Even if the law does not provide for direct sanctions for refusing to cooperate in an internal SSM investigation, such behavior may entail disciplinary consequences for employees. In the case of ITM checks, refusal is dealt with severely and may be sanctioned with a fine.
The SSM officer must be aware of these differences and handle situations where witnesses are unwilling to cooperate professionally – either through mediation or firm procedural measures.