Lesson #8 Evidence Gathering & Documentation

1. Lesson #8Evidence Gathering & Documentation

2. Lesson #8Objectives Describe the two reasons for collecting evidence Understand the three types of evidence (human, material, and environmental) Document the accident site and site evidence using sketches, drawings, diagrams, maps, photos, and video Prepare a witness list, gather witness statements and conduct witness interviews Identify and collect organizational records pertaining to the accident Properly preserve, handle, catalog, and secure evidence

3. Why do we gather evidence? The first is to establish the accident sequence This includes: Events occurring before during and after the accident The second is to identify factors directly related to the accident sequence

4. Why is it importance to collect evidence? To establish the sequence of events Provides the facts needed to establish and support your findings Helps to answer the all important “why” question Used during team deliberations to establish findings causes

5. What are the three types of evidence? • Human • Material • Environmental Handout 8-1

6. HFACS*. . . What!? Human Factors Analysis And Classification System

7. Human Factors Types of Human failures - Individual Failure - Training Failure - Standards Failure - Support Failure - Leader Failure

8. Human Factors Human Factors 80% of accidents are caused by human factors Exercise. . . .

9. Maps, Sketches, Diagrams, Photographs, & Videos

10. Documenting the Accident Site(what we are and are not doing here!) We are presenting: Overview and purpose of the site investigation What evidence to look for Where to look for it How to document it How to determine what was going on at the time of the accident (based on the body of evidence) We are not: Providing technical training in Accident reconstruction Technical drawing Accident photography Use of GPS equipment Also not teaching alternate review techniques Additional technical training (basic or advanced accident investigation) or experience is required for these skills

11. Got that!?

12. Perishable Evidence The Chief Investigator must determine what evidence is fragile or perishable and may be destroyed or lost due to weather or theft, or moved, in order to protect valuable evidence or equipment. This may require the need to increase site security personnel, expand the site security perimeter, cover the site (or parts of the site) with plastic to preserve evidence, obtain a secured facility, or carefully collect, catalog and remove evidence.

13. Evidence Gathering The Chief Investigator will establish: What evidence needs to be gathered and in what order Procedures for evidence collection The evidence and the chain of custody logs Who will gather the evidence Where the evidence should be stored and secured The Chief Investigator will need to evaluate the necessity of utilizing technical specialists, cartographers, photographers, depending on the complexity and severity of the serious accident.

14. Reconstruction Reconstruction of a serious accident is generally not recommended because of: Complexities and potential theoretical errors Complexities of recreating the hazards

15. Reconstruction IF RECONSTRUCTION IS NECESSARY: Consider using a professional accident investigation/engineering firm versed in accident reconstruction Involve them early in the investigation

16. Main Purpose of Sketches, Drawings, and Diagrams To aid the investigation team to : Understand what conditions may have existed at the time of the accident Reconstruct the accident site Identify evidence and possible circumstances leading to the accident

17. Initial drawings of Accident Site Is one of the first things you do at the accident site Accuracy is important with respect to measurements and evidence- Where were the victims? Location of evidence Orientation of evidence Where were photographs taken from . . . . skid marks . . . . spills or contamination . . . . hazards damage to - foliage equipment vehicles

18. Initial drawings of Accident Site Be thoughtful and deliberate Use grid paper and write down what your symbols mean. Ouch! use a symbols/reference key For equipment related accidents locate and document all components and parts (e.g. engine pieces, vehicle parts, parts of what was hit, etc.) Use numbered notations Victim 01 indicates the location of the first victim Recommend a team member be assigned as a recorder to take notes for the Chief Investigator

19. Initial drawings of Accident Site Documentation will be used for many purposes after leaving the accident site While accurate measurements are important – scale on the initial drawings may or may not be Remember to identify and document items, including personal, that were removed from the accident scene If critical evidence was removed determine why it was removed and document that Important Point!

20. What do I draw??? General area encompassing: Accident site Location of: equipment PPE tools machines debris field or wreckage where (angle and distance) that photos were taken where people were, if known Determine the extent of the accident site General orientation to north arrow Approximate distances by estimation

21. Note spatial and geographic “benchmarks” – huh, what!? Benchmarks establish common points of reference: a large boulder to the left of the accident site to help give the perspective orientation to a concrete culvert or other structure that is not likely to move distance from a storm drain or fire hydrant So. . . . a parked car is not a good benchmark, but the corner of a building probably is

22. Identify Location Identify locations by common and proper names 125’ south of mile marker 232 Building number 2869 The 4 stall cold storage building Use as references for interviewing people depending on their familiarity with the terminology

23. Route 66. North Storm drain is on east side of roadway 153’ south of highway marker 127 10’ 23’ 2” Storm drains N 90◦ Baseline. Note the length of the base- line. 22’ 8 “ 16’ 4” Measurements at right angles from baseline starting at the “top”

24. Things to Think About Break! Lunch!! Happy Hour!!! Oohh – sorry. . . .

25. Things to Think About What measurements do I need? Did I capture the scope and size of the accident site? Do not disturb evidence until you are ready It is helpful to use a grid pattern for a debris field, identifying each grid in its x and y axis

26. Things to Think About Key measurements: point of contact distance and angle from the point of contact where persons or objects may have been thrown Note items that should be at the accident site, but were disturbed or removed during the emergency response effort, and items missing, e.g., personal protective equipment, or equipment parts

27. Other Critical Information Environmental or site conditions at the time of the accident and at the time of the investigation Perishable evidence May no longer be present tracks, fluids, etc., washed away things destroyed/damaged by fire things that have been blown by the wind Identify, photograph and collect as soon as possible Equipment that may have been removed

28. Use of GPS There are two types of Global Positioning Systems (GPS): Navigational (One is Provided in the BLM SAI Kit) Engineering Navigational GPS data and software is usable for quick, accurate mapping, for spatial locations & gross distances between areas of interest DO NOT rely on navigational GPS units to provide accurate minute detail Engineering GPS units used with Geographic Information System (GIS) programs will provide accurate minute detail will require a Technical Specialist

29. Photographs & Videos

30. Remember others may have pictures already! Check with: law enforcement coroners office news media those who originally reported the accident those who originally secured the scene don’t forget the general public who may have been in the area

31. Pictures. . . Of what!? The accident scene. . .and some other evidence Work from the outside in Capture photos of perishable evidence first For example: response and rescue victim(s) position body fluids/parts gauge readings switch positions ground scars radio settings fire damage

32. Choosing A Camera Digital Still photosmost versatile Easy to place pictures in reports Instant preview Ease of picture storage Easy to print (no processing) At least 5 megapixels! 1G memory card 35 mm Can be very good quality Can be stored electronically (on CDs) Pictures have to be processed

33. Pros Can give more of a 3 dimensional view Can help to show actions Gives feel of travel Helps with depth perception Cons Cannot be easily duplicated Cannot be put into report Should never be relied upon for the only photographs Video Other folks may have video, ask em’! Sure if you want – but not for the report. . . Can be useful during deliberations Keep a copy for the file!

34. Pros Instant Picture Know you got the picture Can be helpful when interviewing Cons Hard to get enlargements or copies Hard to keep chain of evidence Easy to loose Film not readily available Polaroid Just say No!

35. Cell Phone Camera Ahh – no But witnesses may have some that might be useful – ask em’! On most cell phones you can email the picture, just type in the address.

36. What do I use. . . ? Digital

37. Who Should Photograph? Team members know the camera you are using use a camera within your capabilities know what pictures are needed Professional photographer make sure they know accident photography get a list of available photographers in the area law enforcement may be able to help

38. Photographing Tips What is needed for accident photography? first and foremost - the stomach! Accident photography and accident investigation are not for everyone!

39. Types of Photography What to photograph Start with overview/distant photographs Perishable evidence Arial views Significant elements Equipment, PPE, inventory of items in area Documents, logbooks, etc. Witness view point Close-ups of important or relevant items and finally, Exemplars

40. Types of Photography Exemplars - a model or pattern of an actual object that is difficult to distinguish in the wreckage. A picture of an identical undamaged object for comparison is an exemplar.

41. Wildland Fire Photos Include: surrounding fuel type burn patterns containment lines travel routes If possible get witness/historic photos of the entrapment site before, during, and after the incident final resting position of fatally injured firefighters firefighter clothing can be laid out to represent firefighter positions (exemplars)

42. Wildland Fire Photos Photograph all: fire resistant clothing, PPE, line gear, and tools, include detailed photographs of components showing identifying marks, name tags, labels, etc. Other equipment that responded to the incident

43. Photographic Evidence Documentation Photographs used in the factual report must be mounted and captioned Each photograph taken will be entered into a log and labeled So, how many pictures do you need? Let’s look at Handouts 8-2 and 8-3

44. Any Questions? Maps, Sketches, Diagrams, Photographs, & Videos

45. Interviews and Witness Statements Friends have been hurt or killed Emotions are running high Feelings are like raw nerves Go ahead ask me a question!

46. Witness Interviewing Before we get started, tell me two or three things that you think would be critical when taking witness statements and conducting interviews and why? On the other hand. . . . some people are often eager to talk

47. Interviews and Witness Statements Have every witness to the accident (or just before or after the accident) write a statement on their own Interview witnesses, particularly “eye witnesses”, early How reliable are eye witnesses? Are they your only witnesses? No! Who else then - who do I look for?

48. Witness Information From the Agency Administrator during the In-Brief List of persons who observed or were involved in the accident Supervisor of victims Person responsible for the workplace/operation Witness statements taken by local unit Who responded – first responders Contact information for witnesses Information regarding cooperation of witnesses Any changes from initial witness statements Information regarding the relationship of the witness to the victim(s)

49. Witness Statements It is important to inform witnesses that the Serious Accident Investigation Team intend to use their statements for accident prevention purposes only. However, an assurance of confidentiality cannot be given.

50. Witness Statements To increase accuracy while obtaining statements, witnesses should be separated from each other while making their individual statements. Witness statements and interview/conversation records are not to be construed as formal written depositions. Let’s look at Handout 8-4