United States Environmental Protection Agency Solid Waste And Emergency Response (OS-420) February 1991 EPA Field Citations Training Student's Manual Printed on Recycled Paper ------- ------- FIELD CITATIONS TRAINING: Student's Manual U.S. Environmental Protection Agency Office of Underground Storage Tanks February 1991 ------- ------- CONTENTS Module I: INTRODUCTION TO FIELD CITATION TRAINING '.. . * 1-1 Module II: EXPLANATION OF FIELD CITATIONS .. H-1 Module III: ORGANIZATION AND PROGRAM OVERVIEW . . "1-1 Module IV: DEFINING VIOLATIONS AND MAKING ENFORCEMENT DECISIONS IV-i Module V: PROCEDURES FOR ISSUING CITATIONS ;.; V-1 Module VI: FOLLOW-UP TO ISSUING CITATIONS VI-1 ModuleVll: LEGAL EVIDENCE NEEDS . . . VIM Module VIII: CHAIN OF CUSTODY FOR EVIDENCE AND SAMPLE HANDLING . VIII-1 Module IX: ENFORCEMENT CASE DEVELOPMENT AND TESTIMONY . IX-1 Module X: REGULATED COMMUNITY RELATIONS X-1 Module XI: WRAP-UP DISCUSSION '........... , .. f. . XI-1 iii ------- =-»' ------- MODULE I: INTRODUCTION TO FIELD CITATION TRAINING Desired Outcome for the Module: Inspectors will be introduced to what will be covered in the training course. 1-1 ------- CONTENT OUTLINE STUDENT NOTES INTRODUCTION TO THE TRAINING A. Explanation of Field Citations B. Organization and Overview of Enforcement Program C. Defining Violations and Making Enforcement Decisions D. Procedures for Issuing Citations E. Follow-Up Procedures F. Legal Evidence Needs G. Chain-of-Custody and Sample Handling H. Enforcement Case Development and Testimony I. Regulated. Community Relations J. Wrap-Up Discussions 1-2 ------- MODULE II: EXPLANATION OF FI1LD CITATIONS Desired Outcome for the Module: Inspectors will understand their role in accomplishing the mission of protecting human health '* and the environment , Inspectors will understand the difference between field citations and standard enforcement Inspectors will realize the advantages of using field citations Inspectors will be aware of the change from their previous role of inspection officer to their new role as enforcement officer Inspectors will understand the positive impact of field citations on their jobs ;;' lnspe<- rs will be motivated to use field citations 11-1 ------- CONTENT OUTLINE STUDENT NOTES EXPLANATION OF FIELD CITATIONS A. Overview of Module 1. Overview of enforcement 2. Role of inspectors in enforcement activities 3. Field citation program and techniques 4. , Advantages of field citations 5. Role of inspectors in the field citation program B. Mission Statement of the Agency 1. To protect human health and the environment 2. To promote compliance and enforce regulations 3. To ensure that violations of regulations are addressed in the most effective manner possible C, Enforcement 1. Enforcement is any action taken under the author, -j provided for in a statute, administrative order, c, judicial action to achieve compliance with a law 2. One 'of the major roles of inspectors is promoting compliance and enforcing against violations 3. Field citations are one piece of a comprehensive enforcement strategy D. Role of Inspectors in Accomplishing the Mission of Protecting Human Health and the Environment 1. Inspectors are the backbone of enforcement and compliance efforts a. Inspectors are often the first and only contact the regulated community has with the Agency b. Inspectors represent the entire Agency in any interaction with the community c. The effectiveness of the enforcement program depends on the inspectors II-2 ------- CONTENT OUTLINE STUPENT NOTES d. The public depends on inspectors to confirm that facilities are in compliance and not threatening the environment. ' ; 3. Inspectors perform more than one essential role in the enforcement process a. Official representative of the Agency b. Fact-finder c. Enforcement case developer d. Enforcer/citer What are Field Citations? 1. Field citations usually involve inspectors issuing enforcement notices on site, often with a penalty a. Citations are similar to traffic tickets b. Citations are issued by an inspector on site or shortly thereafter 2. Used for clear-cut violations . a. Simple J determine on. site if a violation has occurred (e.g., no sample test required) ' b. No 'grey area" issues 3. Require owner or operator to correct the violation i 4. Can be warnings, notices of violation, short-form settlement agreements, etc. Differences between Standard Enforcement and Field Citation Procedures 1. Standard enforcement usually involves Agency staff issuing a Notice of Violation (NOV) or Administrative Order to an owner or operator through relatively complicated office procedures 2. Field citations involve relatively simple procedures and are issued in the field 3. Standard enforcement procedures may include the activities of one or more offices and many staff II-3 ------- CONTENT OUTLINE STUDENT NOTES 4. Inspectors issue citations and handle most of the follow-up with field citations 5. Standard enforcement generally involves extensive paperwork and sometimes lengthy court proceedings; cases are often not resolved for long periods of time 6. Field citations often eliminate extensive paperwork and court backlogs 7. ' Minor violations are often not addressed using standard enforcement methods 8. Using field citations, an inspector may be able to address a simple violation quickly before it becomes a major problem a. Minor violations, when left unaddressed, have the potential to become major violations 9. Standard enforcement requires legal staff involvement in nearly all cases 10. Field citations only involve legal staff at the program development stage; most of the issues can be handle, by the inspector or other program staff G. Advantages of Field Citations 1. Provides a relatively simple and effective method for dealing with clear-cut minor violations 2. Allows the State or locality to take action in a manner that is less complicated and cumbersome than standard enforcement proceedings 3. Allows more violations to be cited 4. Presents clear sense of consequences to owner and operators 5. Allows violations to be addressed immediately, on site 6. Provides the inspector with another useful tool in protecting human health and the environment 7. Serves as a deterrent to violators; word will spread in the regulated community about the program II-4 ------- CONTENT OUTLINE STUDENT NOTES 8. Sets forth enforcement strategy from the outset a. Under standard enforcement, policy is often determined after the enforcement action is initiated b. Lack of established policy can be difficult and confusing for regulated community and inspectors H. Advantages of Field Citations .for Inspector's Job 1. Inspectors find violations and cite them, rather than reporting the violation to enforcement personnel at the Agency 2. Inspectors have the satisfaction of facilitating the relatively speedy conclusion of cases ("immediate gratification") 3. Inspectors can follow enforcement cases through to their conclusion 4. Inspectors have responsibility of knowing when and what to cite 5. inspectors become a enforcement presence constant, visible 6. Inspectors will be recognized as effective enforcement officers 7. Inspectors may have more control of the outcome of their work through the use of citations 8. Lengthy and complicated appeals are unlikely, so inspectors will have more control over their schedules 9. Field citations increase the inspectors' enforcement presence considerably 10. Field citations allow the inspector to issue a warning or penalty that is tailored" to the situation without requiring extensive administrative resources 11. In an "introductory" warning citation program, the inspectors will have important input to perfect the procedures; they will be the experts - II-5 ------- CONTENT OUTLINE STUDENT NOTES 12. Issuing citations may help Inspectors have an immediate effect on protecting human health and the environment a. Owners and operators may be more vigilant about keeping tank systems in compliance if violations are cited immediately b. Owners and operators will realize that the Agency "means business," and thus come into compliance to avoid citations I. Inspectors' Roles May Change with the Implementation of the Field Citation Program 1. The relationship between inspectors and regulated parties may become similar to the relationship between traffic police and citizens 2. Inspectors will have the authority to take immediate enforcement actions 3. Standard enforcement methods will still be necessary in some situations, especially in the case of 'major" violations 4. Violations will need to be addressed promptly for the program to be effective II-6 ------- MODULE III: ORGANIZATION AND PROGRAM OVERVIEW Desired Outcome for the Module: ,. Inspectors will understand their role in the enforcement process Inspectors will be familiar with relevant State or local organization and roles and functions of the departments Inspectors will understand how field citations fit into overall enforcement efforts Inspectors will know the details of program implementation 111-1 ------- CONTENT OUTLINE STUDENT NOTES III. ORGANIZATION AND PROGRAM OVERVIEW This module is a blank module. Localities will need to develop the section using jurisdiction-specific material. 111-2 ------- MODULE IV: DEFINING VIOLATIONS AND MAKING ENFORCEMENT DECISIONS Desired Outcome for the Module: Inspectors will know which violations they will address using citations Inspectors will know what to do if they encounter complicated situations (a) Multiple infractions (b) Combinations of minor and major violations (c) The necessity for standard enforcement procedures Inspectors will learn what short-form wordings are and how to use them consistently - Inspectors will understand the purpose of intrc .uctory warning citations . Inspectors will understand the importance of consistency - . Inspectors will develop a common understanding, approach, and vocabulary .among themselves . IV-1 ------- CONTENT OUTLINE STUDENT NOTES IV. DEFINING VIOLATIONS AND MAKING ENFORCEMENT DECISIONS A. Overview of Module 1. Skills necessary to determine when to cite 2. Overview of citations and procedures for using them 3. ' Use of short-form wordings B. Judgment in the Field , 1. Clear-cut v. non-clear-cut violations a. Clear-out violations allow simple determination (on-site) of whether a violation has occurred (no gray areas) b. Inspectors should not need to make judgment calls regarding whether a violation has occurred. c. Inspectors can always call a supervisor if they have doubts about a situation 2. Local procedure when there are multiple (c'rtable) violations at one site . 3. Local procedure when there are both minor and major violations on one site 4. Local policies for use of standard enforcement procedures in certain circumstances IV-2 ------- CONTENT OUTLINE STUDENT NOTES C. Warning Citations 1. Using introductory warning pitations . , a. Introductory warning citations are meant to introduce both the regulated community and inspectors to the procedures of the citation program b. " le citations are useful as public relations 1) Introducing the program to the regulated community and the general public 2) Informing the regulated community of . .- its responsibilities . c. The citations generally do not carry penalties or immediate enforcement actions d. The citations are designed to warn owners and operators to correct violations; the Agency will take further enforcement actions if violations are not corrected - e. The end of the warning period 1) Violations coulcl possibly be added to the program 2) Procedural adjustments could be made 3) Penalties could be attached to specific violations f. Inspectors should use the period to evaluate the procedures and help to develop an efficient program 2. Ongoing warnings a. If the program is not using introductory warning citations, or if the introductory period is complete, there may be circumstances in which it is appropriate to "warn1 owners and operators b. Warning an owner or operator implies that there will be no formal enforcement actions at present, but the violations) must be corrected or formal actions will result c. Warnings will probably be an option for you only in limited circumstances, e.g., the IV-3 ------- CONTENT OUTLWE STUDENT NOTES owner or operator is aware of the violation, has contracted with someone to fix it, and the contractor is coming the next day d. Warnings, should not be used indiscriminately; the citation program is designed to give a clear enforcement message to owners and operators D. Short-Form Wordin js 1. Short-form wordings are concise phrasings of regulations a. Easy to remember : b. Recorded .on citations c. Used to cite violations 2. In programs with penalties, each short-form worded violation or category of violations corresponds to a particular penalty amount 3. Inspectors should be familiar with the wordings and the full meaning of each before conducting inspections 4. It will be useful 1 > bring a sheet-form list or booklet on inspec'.oris, if available 5. Consistency of wordings is important a. Short-form wordings should be quoted exactly in all situations b'. The code should be the guide; inspectors should not try to fit" a situation to the code 6. Each short-form wording should be carefully defined and reviewed by program staff and inspectors before it is used in the field 7. Inspector input is essential in .developing wordings; it is important to report short-form wordings commonly misunderstood by owners or operators to program directors so that they may be revised IV-4 ------- MODULE V: .' f % PROCEDURES FOF ISSUING CITATIONS Desired Outcome for the Module: Inspectors will understand correct procedures for issuing field citations Inspectors will know when and where to issue citations Inspectors will realize the importance of accuracy Inspectors will know how to handle mistakes V-1 ------- CONTENT OUTLINE STUDENT NOTES V. PROCEDURES FOR ISSUING CITATIONS A. Overview of Module 1. Procedures for issuing citations 2. Procedures for filling out citations 3. Importance of accuracy and completeness B. Identifying the Owner or Operator 1. To whom can citations be issued? a. Owners, if known and readily available, should be issued citations b. Operators (managers) on site at facilities should be issued citations if owners are not available c. Any persons on site can be issued citations if owner or operator is not available (search for someone with authority first) ,1) Persons with v.. ,pm inspectors have held an opting conference and . explained the purpose of the visit 2) Persons in charge of business operations at the time of the inspection 3) Whoever is on site at the time of the closing conference 2. 'Owners or operators" a. Property owner b. Owner of the business c. Manager of the business, if manager runs business in the place of the actual proprty or business owner V-2 ------- CONTENT OUTLINE 3TUDENT NOTES C. When to Issue Citations 1.. If there is someone on site available to speak with, hold an opening conferente before the inspection begins . ; a. Explain that there is a new enforcement program and you now have the authority to issue citations ' b. Stress that the new program does not mean that the regulations have changed, only the method of addressing violations ' * . 2. If there are no violations on a site, do not say there are no violations,' merely say "no violations are detected at this time1" 3. If there are violations addressable with citations at a site, issue the citation after the inspection, during a closing conference 4. Issue the citation after you leave the site, from the office, if unsure about violations or if the persons on site are belligerent or angry a. Do not leave the site without explaining to persons on site that a citation will be issued b. Do not leave the site allowing the persons on site to believe that nothing was wrong at the site V-3 ------- CONTENT OUTLINE STUDENT NCFES D. Filling in the Blanks 1. Specific information a. Date b. Time c. Violation (s) - short-form wording (s) and appropriate codn section (s) d. Name and address of facility e. Name and address of owner or operator f. Inspector's name and identification information g. Hearing or court date, if inspector is required to set one on site h. Inspectors' informal conference date, if necessary i. Reinspection date, if inspectors are required to set them when issuing citations 2. Signature of persons on site - a. Attempt to get an appropriate person on site to acknowledge receipt of the citation by signing "it b. Emphasize to persons on site that signing citations is not an admission of guilt, it is simply an acknowledgement that the citation was received c. If persons on site refuse to sign, avoid a confrontational situation 1) Check records back at the office to determine if there is someone else to whom the citation can be issued 2) Citations can be posted on the premises (if you have a camera, take a picture of the posted citation) 3) Call supervisors to.get advice on how to proceed V-4 ------- CONTENT OUTLINE . STUDENT NOTES 3. Complete the citation legibly and in pen, and be certain that information goes through to each copy in multi-copy citations ' x 4. Check the citation for completeness and accuracy. 5. Provide the owner or operator with the appropriate copy of the citation 6. , If using introductory warning citations, follow aJJ procedures correctly a. It is .important to the evaluation of the program for inspectors to be thorough b. Inspectors should not develop a relaxed attitude about citations E. Recording Hearing Dates on the Citation 1. Brief overview of local appeals process 2. Local procedures for setting hearing dates 3. Local process for scheduling informal conferences F. Accuracy 1. Inaccuracy may invalidate citations 2. AH sections of citation must be filled out accurately and thoroughly 3. Guesses should be avoided; get the correct information 4. Some information may be available from department records, check them before going on the inspection a. Name and address of owner or operator b. Permit/license number V-5 ------- CONTENT OUTLINE STUDENT NOTES G. Dealing with Mistakes 1. Mistakes will happen a. Mistakes are expected within a new program b. Do not refrain from using citations out of fear of making mistakes ' c. Check and double-check citations to spot mistakes before issuing 2. Modifying a citation 3. Voiding a citation 4. Lost or damaged citations V-6 ------- MODULE VI: FOLLOW-UP TO ISSUING C8TATIONS * ' * Desired Outcome for the Module: Inspectors will know procedures for handling citations and administrative details Inspectors will be able to answer questions from owners or operators ', Inspectors will understand that follow-up to issuing citations is important "VI-1 ------- CONTENT OUTLINE STUDENT NOTES VI. FOLLOW UP TO ISSUING CITATIONS A. Overview of Module 1. Inspector obligations after issuing citations 2. Delivery of citations 3. Procedures for post-inspection paperwork and follow-up B. Ensure that the Owner or Operator Understands the Process 1. Ask questions a. "Do you understand what I'm citing you for?" b. "Do you understand what you must do now?" c. "Any questions?" 2. Distribute and explain outreach materials, especially if using introductory warning citations a. Outreach materials and explanations of process are likely to make the inspectors' jobs easier in the long run b. Outreach materials explain the entire process to owners or operators so that inspectors are not held responsible for incorrect information c. Outreach materials should list a number that owners or operators can call for further information and clarification 3. If necessary, explain procedures for hearings, informal conference, or appeal a. Explain clearly to the owner or operator the right to request hearing/appeal/conference b. If a date has been set on site, remind the owner or operator -VI-2 ------- CONTENT OUTLINE STUDENT NOTES c. Explain the purpose of the hearing/appeal/conference 1) Allows owner or operator to explain or ask questions 2) Does not imply that penalty will be reduced or eliminated or that violation does not need to be corrected d. Do not encourage the owner or operator to request a hearing or not to; explain the procedures in simple ("plain English") terms e. Make the owner or operator aware that the inspector will not be responsible for the final decision 4. Explain what the citation does not do a. Does not waive responsibility for continuing to comply with regulations b. Does not preclude other enforcement actions at a later date 5. Stress that payment of penalty does not eliminate responsibility for correcting the violation! . 6. Set a reinspection date, if necessary 7. Explain process for self-certification of compliance, if necessary a. Give owner or operator forms for self- certification b. Explain that self-certification is taken seriously by program administrators c. Explain that reinspection could occur at any time 8. Explain process for standard enforcement, if necessary a. If violations at the site are not covered under the field citation program, the distinction between the two types of enforcement strategies should be explained VI-3 ------- CONTENT OUTLINE STUDENT NOTES b. If violations at the site require both citations and standard enforcement, explain the relationship and the two sets of responsibilities C. Distribute "Helpful" Information 1. DO NOT provide specific technical assistance (the Agency can be held liable for any incorrect information provided by inspectors) a. Do not advise the owner or operator on methods to correct the violation b. .Suggest that the owner or operator call program supervisors or a contractor for , help . 2. Provide the owner or operator with a list of contractors, if available a. Make it clear that the list is not an endorsement b. Do not recommend one contractor over another 3. Provide only correct information a. Do not provide any information that you are not certain of b. If you are not sure, say "I don't know and I'll follow-up or you can contact.." D. Options for Delivery of the Citation 1. Hand deliver on site a. Hand directly to individual on site b. Post on office door or window 2. Mail from office a. Regular post b. Certified mail c. Registered mail 3. Delivery from office by administrators VI-4 ------- CONTENT OUTLINE STUDENT NOTES E. Processing the Citation 1. The Agency must have the proper materials for processing of the case a. Closing out the case b. Tracking timely payments of penalty or correction of violations - c. Handling appeal or hearing requests 2. Distribute citation copies to appropriate staff a. Owner or operator .- b. Administrators c. Inspector d. Legal staff F. Paperwork 1. Remember follow-up paperwork a. Inspection reports ' - ' b. Field log-book 2. Complete paperwork promptly a. Prepare paperwork as soon as possible 1) If paperwork is not prepared promptly, inspectors may forget important details 2) Inspection reports are an important element in an enforcement case 3) Good records make easy cases b. Turn in all paperwork within deadlines VI-5 ------- ------- MODULE VII: LEGAL EVIDENCE NEEDS Desired Outcome for Module: ; Inspectors will understand what constitutes evidence in an enforcement case Inspectors will know how credibility is established in an enforcement case Inspectors will know the procedures for report writing and submitting reports VIM ------- CONTENT OUTLINE STUDENT NOTES VII. LEGAL EVIDENCE NEEDS A. Overview of Module 1. Definition of evidence 2. Importance of evidence 3. 'Procedures for documentation of evidence 4. Overview and guidelines for writing inspection reports . B. What is Evidence? 1. Evidence is the means or process by which any matter of fact investigated (i.e., the existence of a violation) may be established or disproved a. Testimonial evidence: person's reported sense impressions and opinions b. Real evidence: object or thing itself (e.g., contaminated dirt) c. Documentary evidence: document having significance as a result of its center" d. Demonstrative evidence: something prepared or selected to illustrate or make a relevant fact clearer (e.g., photographs, diagrams drawn of sample extraction, maps) 2. Evidence includes matters which are not disputed and are accepted by judge or administrative hearing official (e.g., scientifically accepted testing devices, geographic location, matters of common knowledge) 3. Testimonial evidence will likely introduce all other types into evidence 4. Evidence is critical for support of the Agency's case 5. Inspector should record all relevant information as evidence of the alleged violation VII-2 ------- --1 CONTENT OUTLINE STUDENT NOTES C. Why is Proper Evidence Important? 1.. Evidence is necessary for any case in order to document the alleged violation 2. Evidence is important in case the inspector is issuing a warning and intends to follow up and cite if violation is not corrected 3. Evidence is necessary for future case ' development (in case the violation is not corrected after citing and the Agency needs to take stronger action) 4. Inspector may have to present evidence a. Informal conferences b. Hearings before an administrative law judge (ALJ) c. Appeals hearing 5. Physical evidence and documentation make a stronger case and makes it less likely .that a case will be lost .6. Physical evidence and . documentation demonstrate that the inspector performed the job efficiently and correctly, developing further credibility as a witness 7. Establishing credibility in one case makes the inspector's reputation better for future cases D. Evidence Establishes Credibility for the Inspector 1. Evidence documents an inspector's story in court or in a written record and reinforces credibility as a witness/expert VII-3 ------- CONTENT OUTLINE STUDEf T NOTES E. Authenticity, Relevance, and Foundation of Evidence 1. Evidence must be authentic and relevant 2. Inspectors should follow specific guidelines for evidence reports a. Describe site conditions and elements ' b. Note discovery location of the item. (Note what was collected at a particular place at a particular time) c. Record general identity or sameness d. Record measures taken at the time to ensure later identification of the item e. Note conditions or features that vary; features or conditions of the item may vary from what was collected by the time they are viewed as evidence (at trial, for example) (e.g., less material in sample bottle) i. Note chain of custody path, if known F. Proper Documentation of Evidence 1. Inspectors must take notes in the field a. Notes are necessary for the enforcement case b. Refer to notes to refresh memory during informal conferences, hearings, court c. Remember that it is difficult to win a case without notes 2. Photographs a. Photographs may be required at UST sites in order to document an enforcement case b. Photos should fairly and accurately document the site VII-4 ------- CONTENT OUTLINE STUDENT NOTES c. Logbook should indicate when, where, and of what photos were taken, along with the date, time, and your name. , , a. Note where you were standing when you took photograph '. b. Note the direction you were facing when you took the photograph ' d. Date, time, location, and your name should be written on back of photo (unless automatic date camera is used) e. Negatives should be kept, envelopes . . labeled and easy to locate G. Field Reports on Inspection Findings 1. Inspection reports present a factual record of an inspection 2. Well-written reports create an impression of a well-conducted inspection. Try to keep the notes in chronological order to establish a pattern 3. Reports must be complete and accurate, as ; they provide the basis for potential enforcement : actions 4. Material shoCild be gathered into a comprehensive report a. Factual - verifiable result of first-hand knowledge b. Relevant - information should be pertinent to the subject of the report c. Coordinated - all information should be gathered into a complete package d. Objective - the report should be factual and not draw conclusions from the material e. Neat and legible - proper use of English VII-5 ------- CONTENT OUTLINE STUDENT NOTES 5. Certain information should be contained in all inspection reports, narrative or otherwise a. Specific reason for the inspection b. Who participated in the inspection c. Actions taken during the inspection, chronologically ,d. Self-certification of compliance with all procedural and legal requirements e. List of statements, records, physical samples and other evidence obtained during the inspection f. Record of observations made during the inspection g. Result of any sample analysis 6. Inspectors should keep several writing guidelines in mind when developing inspection reports a. Relate only facts b. Keep it simple c. Keep the reader in mind 1) Attorneys and judges 2) Other program staff 3) Violator or potential responsible party 4) General public d. Do not use unnecessary words or personal statements 7. File and submit reports properly VII-6 ------- MODULE VIII: CHAIN OF CUSTODY FOR EVIDENCE AND SAMPLE HANDLING Desired Outcome for the Module: Inspectors .will understand the importance of local procedures for collecting evidence and handling samples VIII-1 ------- CONTENT OUTLINE STUDENT NOTES VIII. CHAIN OF CUSTODY FOR EVIDENCE AND SAMPLE HANDLING A. Overview of Module 1. Importance of chain of custody 2. Policies and procedures for sample management 3. Elements of custody 4, Overview of chain of custody procedures B. Importance of Standard Operating Procedures and Chain of Custody 1. Chain of custody procedures allow enforcement and legal officials to trace possession of a physical sample or other physical evidence from collection to introduction into evidence at a legal proceeding 2. Sampling and chain of custody procedures may be very important to the development of enforcement cases : 3. Enforcement personnel must be able to demonstrate that physical samples were not tampered with or contaminated after collection 4. Staff must keep accurate written record of the possession of evidence 5. Procedures apply to sample collection, transit, storage, and analysis C. Sample Management in the Field 1. Inspectors may be required to take physical samples at an inspection site; samples may be used as evidence 2. The manner in which evidence is handled after it is collected at a site is crucial to the enforcement case VIII-2 ------- CONTENT OUTLINE STUDENT NOTES 3. Following guidelines for sample management will make the process simple . '" v V;*^ >,*4«'^-:.".- = .a. Handle samples in accordance with safety procedures 1) Special handling for highly toxic substances should be arranged in advance 2) Security provisions should be adequate to protect both samples and documents b. Provisions for sample preservation should be planned in advance c. Avoid delays in transit d. Samples should be delivered by the inspector or shipped by the most economical means, in accordance with regulations e. Record handling and shipping procedures. to document the integrity of the sample f. Obtain copies of all shipping and handling documents for the official inspection file g. Equipment for proper sampling should be available to ensure a legally defensible job, including bottles, ice, cooler, sample labels, and sample bags h. Inspectors should carry equipment with them for sampling 1) Bottles, cooler, necessary sampling and safety equipment 2) Sample tags and chain of custody records VIII-3 ------- CONTENT OUTLINE STUDENT NOTES D. Elements of Custody 1. "Custody" refers to physical evidence in the actual possession, control, and presence of the inspector a. In the inspector's view b. In a storage area to which only inspector and identified others have access 2. Inspector must document custody of evidence at site a Sample tag 1) Sample number 2) Date 3) Sampler's signature or initials b. Field logbook entry 1) Time, location, reasons for sampling 2) Identification number 3) Deviations from standard chain of custody 4) Observations which would aid identification c. Chain of custody record 1) Identify each individual who had custody of the sample from time of the inspection until the enforcement proceeding 2) Include any bills of lading or shipping receipts d. Give receipt for samples given to owner or operator at site VIII-4 ------- CONTENT OUTLINE STUDENT NOTES E. Overview of Chain of Custody Procedures . r, . j,?y- 1. Establishing custody a. Sample must be sealed, signed, and dated b. Written record must be maintained during collection, transit, and storage of sample 'c. Information should be clear, complete, accurate, and contain identification number of sample d. Custody during transit 1) Record the name of each person having custody of sample and where stored in the chain of custody record (originator should retain copy) 2) Record any deviations from standard procedures 3) Persons in chain of custody should contact others if sample seal has been broken or there is irregularity in documentation :.'' e. Special procedures for maintaining samples during shipping (to laboratory or court) 1) Samples must be accompanied by chain of custody record 2) Obtain a bill of lading if sent by an outside carrier 3) Include receipts and shipping with. chain of custody documentation f. Other suggestions 1) Maintain documents so that an inspector can testify about details without total recollection of the events VIII-5 ------- CONTENT OUTLINE STUDENT NOTES 2) Make deletions on chain of custody record with a single line, initialed and dated 3) Obtain the signature of next person in the chain before relinquishing custody 4) Minimize the number of people in the chain of custody VIII-6 ------- MODULE IX: ENFORCEMENT CASE DEVELOPMENT AND TESTIMONY Desired Outcome for the Module: Inspectors will understand their role as enforcement case witnesses or program representatives . . - , Inspectors will understand the objectives of testimony and how to deliver testimony IX-1 ------- CONTENT OUTLINE STUDENT NOTES IX. ENFORCEMENT CASE DEVELOPMENT AND TESTIMONY A. Overview of Module 1. Inspector as a witness 2. Overview of the appeals inspector's role in the hearing or process 3. Guidelines for preparing testimony 4. Tips on testifying B. An Inspector May Be Required to Serve as a Witness or. Representative 1. Inspectors may need to serve as a witnesses or representatives of the program if owners or operators wish to contest violations 2. Inspectors may serve as witnesses in a variety of situations a. Informal conferences or hearings regularly scheduled for "nspectors and owners or operators 'i b. Appeals hearings for citations c. Court or court related depositions 3. Inspectors may be required to hold regular informal conferences with owners or operators as the first step in the appeals process a. Inspectors may have a regular day for owners or operators to contest citations b. Inspectors should review citations, reports, files, or logbooks in preparation for conferences c. Inspectors should remain professional and remember the tactics for dealing with irate persons (covered in Module X) IX-2 ------- CONTENT OUTLINE STUDENT NOTES 4. The administrative hearing or courtroom situations will differ a. A courtroom situation is more formal and inspectors may not be the only program representative; cases are decided by judges b. An administrative hearing setting is less formal and inspectors may take on a greater role program representative; cases are decided by administrative law judges (ALJs) 5. The role of the witness has several facets: a. A witness provides truthful testimony under oath or affirmation b. A witness must testify from personal knowledge c. The object of testimony is to persuade 6. If a program is using introductory warning citations, inspectors will be less likely to appear as witnesses in a courtroom or hearing setting C. Preparing for Testimony 1. Collect as much evidence as possible a. Preparation for an enforcement case begins the moment the inspection begins b. Everything an inspector hears, sees, reviews, samples, and records is potential evidence c. Good record-keeping is essential 2. Review notes, logbooks, and reports before testifying as hearings or conferences may take place some time after inspections 3. Meet with legal staff to determine course of action 4. Be prepared to explain any inponsistencies written reports or evidence, and should help to determine if there are missing facts IX-3 ------- CONTENT OUTLINE STl "DENT NOTES 5. Advise legal staff if contacted by opposing parties 6. Develop testimony (using notes, case preparation forms) and stick with it D. Testifying 1. Be prompt and dress professionally 2. 'Be prepared for questions in both direct and cross examination from attorneys and judges 3. Be consistent with any previous testimony (e.g., depositions) 4. Listen to questions and answer only what is asked; do not volunteer additional information 5. Answers should be clear, truthful, and concise 6. Maintain poise during any hostile questioning from opposing representatives 7. Refrain from becoming angry, frustrated, or emotional , 8. Always read your testimony when offered to correct any inaccuracies and sign 9. Do not include personal opinions or assumptions in 'testimony IX-4 ------- MODULE X: REGULATED COMMUNITY RELATIONS Desired Outcome for the Module: Inspectors will be assertive enforcement officers and perform in a professional manner at all - times, avoiding compromising their positions ... Inspectors will know how to communicate clearly the purpose of inspection and what it means for the public Inspectors will be able to decrease tension in uncomfortable situations and handle difficult people Inspectors will know how to handle inquiries from the general public or the press ,,;: - Inspectors will leave thp class motivate^ to use field citations and make the program work X-1 ------- CONTENT OUTLINE STUDENT NOTES X. REGULATED COMMUNITY RELATIONS A. Overview of Module 1. Inspector code of conduct 2. Tips on maintaining professional behavior on the job 3. Dealing with the regulated communitie: 4. Dealing with the public and the press B. Code of Conduct 1. The integrity and professional impartiality of an inspector are crucial 2. Actions that seem innocent may be questionable a. Avoid accepting coffee, food, or other "small favors" from owners or operators because it will compromise the professional relationship 1) Bring meals or money for mo s with you 2) Simply refuse offers from owner or operators b. "Small favors" can be misperceived by court or supervisors 3. If.the program requires that inspectors handle money (i.e., payment of penalty), be particularly responsible and cautious in activities C. Professional Behavior 1. Behaving professionally will only help inspectors in the long run; it will be hard to issue citations after being chummy during the inspection 2. Be consistent and fair a. Violations should be cited using objective criteria to avoid situations of inconsistency among citations; the following are examples of inconsistency 1) Inspector A always cites in a particular X-2 ------- CONTENT OUTLINE STUDENT NOTES situation and Inspector B never does 2) Inspector 'A sometimes cites.,in a particular situation and sometimes doesn't b. Call supervisors if you are unsure about a situation 2. Be respectful in manner when issuing a citation , and each person equally, no matter what an individual's attitude 3. Do not attempt to be a consultant a. Provide owners and operators with names of contractors to help them correct violations, not giving a specific endorsement b. Do not provide technical advice to owners and operators 1) Providing technical advice will undermine an enforcement case if the information is incorrect 2) An inspector's Mie ft to mor. or compliance, not to correct problems -. 4. Make a decision and act a. Do not spend too much time debating enforcement options (field citations v. standard enforcement, etc.) 1) Violation should be clear-cut enough that very little (if any) judgement is involved in deciding whether to cite 2) If the violation is not clear-cut and the inspector needs time to think about it, the inspector should do so; citations can be issued after the inspection b. Inspectors may revisit facilities, if necessary X-3 ------- CONTENT OUTLINE STUDENT NOTES D. Conflict and Criticism 1. The relationship between inspectors and owners and operators is likely to be adversarial a. Owners and operators may not be used to receiving citations and may resent the inspector and the program b. Owners and operators are likely to have animosity toward inspectors who must issue them citations c. Direct contact with an inspector may incite an owner or operator ("having someone there to yell at") 2. Inspectors may find that owners and operators are angry because they are being hit "in the pocketbook" E. Dealing with an Irate Person - 1. The only "right" way to resolve conflict is whatever works in a given situation 2. It is useful to put yourself and the person '»' the same side as soon-as possible, implyyjjj that you can work together ;i a. "Let's take a look..." or "Let's see if we can b. "I'm getting confused" instead of "You are confusing me" c. Infprm the owner or operator know that you can put them in touch with people that may help to solve problems - 3. People love to hate a government agency a. People will be less likely to attack inspectors personally if it is apparent that inspectors are only trying to perform their jobs b. Remember that anger is ultimately directed toward the citation, not you X-4 ------- CONTENT OUTLINE STUDENT NOTES 4. Effective communication involves tone of voice and body language as well as a person's words . .. . ' '$%''.': '... -"::~':*.'"-". , 5. It is helpful to build rapport with an angry person a. Rapport does not mean that people necessarily like one another, just that they have found a way to communicate ' b. Threatening or condescending speech or manner should be avoided c. Listening actively and showing it by responding is a good way to build rapport d. Trying to understand the other person's concerns will make the exchange more positive 6. Think in terms of "outcomes' a. A desired outcome is a specific result to be achieved stated in positive terms and visualized b. Thinking positively about what ttiust be done can help to accomplish it c. The desired outcome for most inspector v situations will be to do the job with a minimum of conflict, in a courteous, efficient, and effective manner 7. A good method to decrease tension is allowing the other person to vent anger a. Stay calm b. Remain calm and in control although feeling anxious c. Change the situation if overwhelmed, e.g., standing up, sitting down, changing seats, walking outside, etc. d. Resist the temptation to say "just calm down' as it only serves to fuel anger e. Demonstrate how the other person should act by remaining calm Get on with business when the other person cools down X-5 ------- CONTENT OUTLINE STUDENT NOTES g. Leave if the other person is belligerent and the situation seems too difficult to resolve F. Handling Questions from the Public and Press 1. The citation program may attract attention because it is new and visible 2. , Citations may make the public more aware of environmental hazards and, therefore, more aware of the program meant to alleviate the hazards 3. The press may wish to question inspectors on inspection findings or issuing of citations a. The press may want to find out if there are problems at facilities b. The press may simply be curious about the new program 4. The public may question inspectors about findings at facilities; this may be out of concern for health 5. Follow agency policy in answ'e ing questions a. Be completely sure about answers; if not sure, say so, or don't answer (say Til check") b. Names of complainants in enforcement cases should be left out of discussions as much as possible X-6 ------- MODULE XI: , WRAP-UP DISCUSSION Desired Outcome for the Module: Re-cap primary points covered in the training Answer final questions inspectors may have regarding field citations XI-1 ------- CONTENT OUTLINE STUDENT NOTES XI. WRAP-UP DISCUSSION This training provides you with all the information you will need to effectively issue and follow-up on field citations. Your field citation program will increase your effectiveness as an. inspector by allowing you to address violations directly and see cases through from bee .ining to end. The new responsibilities this program entails will require adjustment in ideas and in roles; your relationship to owners and operators, for example, will change as a result of the program. At the beginning of the program, before you are accustomed to issuing field citations, it will be especially important for you to follow procedures exactly. The field citation program's success is completely dependent upon your attitude and efforts. Your willingness both to teach and to learn from other inspectors will be the most important part of your field citations training. Field citations will allow y.ju to work through cases more i .ficiently since /jolators have a strong incentiv . to address the cited violation an 3 pay a modest fine. The field citation program's focus on the inspector gives you new and greater responsibilites, as well as more control of your work. Administrative and legal staff may not be involved at all in many of the cases. XI-2 ------- ------- -1 ------- |