EPA 910/0-91-047
United States
Environmental Protection
Agency
Region 10
1200 Sixth Avenue
Seattle WA 98101
Alaska
Idaho
Oregon
Washington
Environmental Services Division
Technical Support Branch
January 1992
Inspector's K.I.S.S.* Manual
* K»*p It Simpb Stupid Is the con of many Inspection manuals mltod toto one.
The famtoTwrUBii outlined hen an intrinsic to all compliance Inspections or Investigations.
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'AN ABBREVIATED MANUAL"
W. Douglas Smith,
Senior Compliance Investigator,
Engineering and Investigations Section,
Technical Support Branch,
Environmental Services Division
EPA Region 10
Prepared for the Basic Inspector Training Course
EPA Region 10, Seattle, Washington
1-1-92
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What is a Government inspector?
The inspector is often the personification of the entire agency he/she represents. It is the inspector
who knocks at the door and is often the only image many will ever have of that portion of their
Government. Polite diplomacy is therefore a mandatory skill. Aggressiveness should show itself
in thorough work rather than the inspectors demeanor. Inspectors are the agency's five senses to
the real world. How accurately those senses will record that world is the subject of this document.
Every inspection must be conducted as if it would go to court and be hotly contested. The inspector
should imagine themselves on the stand, under cross examination by highly skilled counsel for the
defense. Every shred of evidence and documentation supporting that evidence may be contested
as inaccurate, misinterpreted or compromised. It becomes obvious that the agency's entire case
often hinges upon the expertise and professionalism of the inspector as the witness of fact.
What does professional mean? You are an agent of the government, representing the very people
you must regulate. Fairness and equity are cornerstones of your position. It is not uncommon for
some individuals to become obsessive in the authority and power given to them. That"... Power
corrupts..." must not be allowed to apply here. We are all equal citizens, subject to the same rules
and social responsibilities.
A veteran inspector once related the following story. The topic was photo documentation. The
speaker bragged that they had conducted more than 500 inspections in his 18 year career. They
said that photography was a vital part of documentation but in his opinion, it was often dangerously
over used. As an example of this over use, the instructor showed half a dozen slides taken at an
alleged hazardous waste site. The photographs clearly showed the Government's site manager in
street clothes, on their knees, scooping a sample with their bare hands. The instructor said that the
photographs should not have been taken or should have been destroyed, because they eventually
hurt the agency's case by making the site appear less hazardous.
Improper protocol and cover up is neither professional or ethical. The error was not following the
proper sampling procedure, not the photography. It is implicit that the inspector set the example
for the implementation of properprocedure. Those procedures mustroutinely be better implemented
than those performed by the regulated community. Comparisons between the agency's work and
that of a facility are often issues in court. Agents of the Government should never feel justified
in hiding their own impropriety in order to enforce against those they regulate. To use a metaphor,
a little tarnish can rapidly lead to decay if unattended.
How would you like to be treated by a Government inspector? Apply the "Golden Rule" to your
work. As an agent of the Government you must constantly strive to maintain the highest standards
of ethical conduct, quality assurance, quality control, and continually train and retrain so that you
can set an unimpeachable example to those whose laws you enforce.
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TABLE OF CONTENTS:
WHAT IS A GOVERNMENT INSPECTOR:
PRE-INSPECTION PREPARATION
ENTRY 2
Opening Conference 3
Methods 4
INTERVIEWS (The 5-W's) 5
Questioning techniques 6
Techniques continued 7
Trade secrets 8
EVIDENCE
DOCUMENTATION (notes/diagrams/maps/ sketches/photographs) 10
PHOTOGRAPHIC DOCUMENTATION 11
12
13
RECORDS 14
15
SAMPLING 16
Quality Assurance Project Plan (QAPjP) 17
THE CLOSING CONFERENCE 18
REPORT WRITING (Do's and Don'ts) 19
Report contents 20
Style 21
THE INSPECTOR AS A WITNESS 22
How to be a good witness 23
NOTES/CONTACTS/PHONE NUMBERS 24
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PRE-INSPECTION PREPARATION: Half the finis getting there
TN THE OFFICE AND OFF SITE:
About 50% of your time should be spent planning and
preparing for your inspection. This will prevent classic
oversights; like being on the road and realizing that you
haven't a clue on how to get to your facility, or walking right
past the operation which received a Notice of Violation (NOV)
in five previous inspections.
HISTORY AND LIAISON WORK: Your first objective
should be to check with the program staff and files to gain all
the knowledge you can about the site. There may be personnel
assigned to the specific facility you are to inspect. Other
considerations are permits, litigation, or special agreements.
There may be other inspectors who have experience with the
facility.
There may be other agencies or programs which have been
involved or should be involved. Not informing an entity that
feels territorial about a facility can cause serious backlash.
Showing up at a facility used to seeing a particular individual
or Agency will usually alarm the facility. If that individual or
Agency doesn't support your being there, life can be difficult.
Make sure your immediate chain of command is familiar with
your objectives and schedule. New inspectors often complain
that there is little supervisory support for their field work. This
is usually because supervisory staff was not fully informed and
prepared before you did the work.
RECONNAISSANCE: Drive by and have a look before you
leap into the inspection. Have a cup of coffee at the local dinei
to consider the possibilities and organize your approach. Use
the time to review your kit and checklist. The facility is never
what you anticipated in the office. Just when you begin to
think you can dance around any contingency, one comes up
and nails you. Consider the site layout, safety considerations,
places and operations you want to include in your tour, and
what is "going on" before they know you are there and the
"going on" stops.
PREPARE YOUR KIT FOR ACTION: Load your camera.
Fill out your paperwork as much as you can before entering
the site. It is a nuisance when you end up hurriedly doing it in
front of an impatient plant manager who has taken time off
from a union negotiation and a critical break down just to deal
with you. Exchanging business cards is a good way to
introduce yourself and get information about your site contacts
without lengthy and redundant questioning. You may even
want to write a few reminders in your notebook to make sure
you cover a topic or see an operation before you leave. One
recommended item is the "post it®" that can be used to mark
things you want to copy, or to identify things in photographs,
etc., etc.
SAMPLING: Are you prepared to sample? Do you have a
sample plan? Have you notified the laboratory of your
intentions? Labs do not like unannounced, high priority
samples.
Plan ahead by
researching your
site thoroughly prior
to departure.
Touch bases with the
Program Office/s. Make
sure all interested parties
know of your activities.
Perform a
pre-inspection
reconnaissance.
Prepare your kit
before entering the
plant or facility.
Sampling requires
considerable preparation:
sample Plan, laboratory
notification, sample
equipment, sample team.
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ENTRY: Easy and Otherwise
When have vou been denied entry?
When they say you are denied and when you think you are
denied are both good reasons. However, you must do all
of the following first, before making that decision:
ENTRY DENIAL TEST NUMBER (1): •
1. Did you identify yourself (Credentials) to a person-
in-charge?
2. Did you explain the legal basis for your inspection?
3. Did you explain the scope of your inspection?
4. Did you visit the facility at a reasonable hour? (i.&.
regular business hours, operating hours, or hours
when the issues of compliance are best observed?)
5. Did you enter through the main gate or office?
6. Did you locate the person-in-charge as soon as you
arrived?
7. If applicable, did you present the necessary written
notices?
ENTRY DENIAL TEST NUMBER (2): •
1. Were you denied consent upon entry? (Consent is
intentional relinquishing of the right of privacy that
has not resulted from fear, ignorance, or trickery.)
2. Were unreasonable delays required by the person-
in-charge! What the inspector considers unreason
able must be communicated to the person-in-
charge prior to starting the clock, (e.g. "I have
been waiting 45 minutes. My time is limited and I
can wait another half hour. If I can not begin
by then, I will have to consider that I have been
denied entry to conduct the inspection.")
3. Were conditions, which were clearly understood in
the opening conference, altered by the company or
person-in-charge, to the extent that it compromised
your ability to conduct or document your inspec
tion?
4. Was your safety deliberately threatened in any
way? That includes verbal threats or suggestions
that harm might come to you that is not acciden-
tal (refusing to secure a guard dog is an example of
entry denial by not removing a threat to your
personal safety.) Failure to shut down a routine
plant operation is not denial, even'if the operation
makes conducting the inspeciton difficult.
The four commandments:
(1) Be Nice. If that fails,
(2) Be Kind. If that Fails,
(3) Be Fair. If that fails,
(4) Seek Further Control.
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NOTE: Expresed consent
is not necessary. Absence
of expressed denial con-
stitutes consent to pro-
ceed. Provided the two
tests of entry have been
thoroughly covered first.
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YOU ARE THE GOVERNMENT: You are looking for
something that will probably make life more difficult for
the facility. Remember, you are aprofessional andrepresent
the awesome power and authority of the Government.
Think how you would feel if a tax auditor walked up to
your front door unannounced. Use your authority with
diplomacy and a professional demeanor.
ENTRY: Continued
Let management know you are there: Let the facility
know who you are and what you plan to do. Only your
official credentials identify you as an agent of the
Government. Business cards are NOT official. A goal of
the opening conference is the opportunity to explain the
scope of your activities. Let the highest plant official
(Person-in-charge) know you are there to conduct official
Government business. However, if you have been placed in
contact with a manager who does not feel you need to let the
CEOknow you are present, don't argue. The manager has
taken that responsibility.
The opening conference is an opportunity to learn more
about the facility operation, plant layout, management
authorities, who does what, plant safety and other
information relative to your visit. Let management know
how long you expect the inspection to take, so they can
assist you with the least interruption of their regular
schedule.
Safety requirements may not be the same for you and you
may not by obligated to follow plant guidelines, but it is
usually prudent if you do. A facility representative should
accompany you.
LLO, TM WITH THE
OVERNMENT. I'M HE
TO HELP YOU.
Show CREDENTIALS
and explain SCOPE.
Learn facility's
OPERATION.
Let facility adjust to your
visit.
IDENTIFY RECORDS
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ENTRY: Continued
CORDIAL DOES NOT MEAN TIMID!
CORDIAL,
PROFESSIONAL,
AND TO THE POINT.
HELLO, I'M HERE TO
CONDUCT AN INSPECTION.
PLEASE NOTIFY WHO EVER
IS IN CHARGE.
Express your purpose clearly and assertively.
Respect their position and expect them to respect
yours. You are simply doing your job. Do it well.
Identify the records you will want to review and discuss
how copies can be obtained. If you perform the field
portion of the inspection first, that will give the clerical
staff time to gather records for you. However, it also gives
them time to improve their record situation through loss of
incriminating information, or the addition of omitted
Explain how you plan on documenting your inspection by
making copies of records, drawing diagrams, taking
samples, talking to employees, taking notes on paper or
tape recorder, and especially taking photographs or using
video. It is important to understand that the denial of these
commonly accepted documentation tools may be
considered a denial of entry.
If you believe that you must give prior inspection
notification to the facility, try to give the least forewarning
possible.
If in danger or doubtj
Ceave and catt your
attorney immediately!
The secret to gaining
entry is to be cordial, direct,
assertive, and professional. So what
is professional? That means that
within the bounds of your job you
adapt to the situation in such a way
that you produce the necessary
result. "People tend to get out of the
way for someone who knows where
they are going."
IDENTIFY METHODS
AND GET
ACCEPTANCE
DO NOT GIVE UP
ABILITY TO
DOCUMENT
THOROUGHLY
ESTABLISH
SAMPLING NEEDS
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INTERVIEWS: A major tool in conducting an investigation
Interviewing is one of the more significant tools authorized
for conducting an inspection or investigation. This
information should be recorded in your notebook;
* Who were you talking to?
* What did you ask them?
* What did they answer?
HOW DO YOU ASK A QUESTION?
How you ask a question can be more important than the
question itself. Try to never give a possible answer when
asking a question. For example , these are awful ways to
phrase a question if you want to get information.
Q
<
CO
Q
O
O
"You don't have any toxic materials around here, do you?"
"There aren't any buried drums on your property , are
there?"
"You have all the necessary records, don't you?"
"Your SPCCplan is up to date, isn't it?"
The following questions are better:
"What kinds of material do you handle?"
"Have there been any materials buried on your property?"
"Where do you keep the records?"
"May I see your SPCC plan?" (then ask an employee about
the procedure mentioned in it to verify its application.)
The last conclusive question and follow up is often
overlooked and taken for granted, however, it is the meat of
the inquiry. Without the affirmation of a direct answer to the
question at issue, the previous questions were of little value.
THE 5 W's AND A HOW: "Just the facts, Maa'm."
*Who
*What
* Where
*Why
*When
*How
THE INTERVIEW IS AN
EFFECTIVE TOOL IN
INVESTIGATIONS.
ASK SIMPLE DIRECT
QUESTIONS THEN
LISTEN
CORROBORATE
INFORMATION
INTERVIEW FOR THE
5-W'S
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INTERVIEWS: (continued)
Shut up and listen.
Experience teaches you when to hold the
subject to specifics and when to let them
expound. There are a few key guidelines to
remember when first interviewing someone.
They are:
* Establishing a rapport (friendly and down to
business) is also a matter of experience.
* Don't emphasize your note taking. It can
be intimidating.
* Give them time to answer and listen.
* Don't make promises of confidentiality or
protection. Stress honesty.
* Try to have privacy for the interview.
* Obtain their name, position, and how you
could get in touch with them at a later time.
* Enforcement should not be mentioned.
* Avoid leading questions.
* Avoid double negatives and other complex
phrases.
* Avoid multiple subjects in your question.
WORK FROM THE GENERAL
TO THE SPECIFIC
The following shows a line of questioning which
leads from the general to the specific:
Q. Who do you work for?
A. Acme Polluters.
Q. How long have you worked for them?
A. About 6 years.
Q. What do you do?
A. I open bungs on drums from Mega
Chemical Corp. Then I pump them dry.
Q. What happens to the contents?
A. It is pumped into a tanker truck.
Q. What happens after that?
A. The truck takes it to the land fill.
Q. Which land fill?
A. Love Canal mostly.
Q. Where else?
A. The old query near the water tower.
Q. What is in these drums?
A. Usually solvents like trichlor, collected from
print shops.
Q. Are there labels on these drums?
A. Sometimes.
Q. For example?
A. There are DOT Hazardous Waste labels and
sometimes there are company labels that say
what the stuff is.
Things to keep in mind:
* Rapport
* Listen
* No promises
* Keep it simple
* Private
WORK FROM THE
GENERAL TO THE
SPECIFIC
TAKE NOTES BUT
DON'T LET IT
DETRACT FROM THE
INTERVIEW.
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INTERVIEWING: (Continued)
1. KEEP YOUR TIME SEQUENCING CONSISTENT;
Work backward or forward in time, but don't mix it up.
2. WORK FROM THE KNOWN TO THE UNKNOWN.
3. USE STANDARD KNOWN REFERENCES: The
following is an example of using known references.
Q. What was the liquid contained in?
A. A big tank kind of thing.
Q. How big was it?
A. Pretty big.
Q. Was it larger than a 55 gallon drum?
A. Oh, yeah. It sure was.
Q. Was it more like a home oil tank?
A. Uh huh, but bigger.
Q. Was it larger than a car?
A. Yup.
Q. Was it as large as a rail road tank car?
A. Yeah, that's what it was.
HOW DO YOU DOCUMENT AN INTERVIEW?
As accurately as possible. The following are presented in
order of preference from least supportable to best.
4th Your written narrative of the interview with questions
and answers.
3rd. Legally obtained tape or video recording (video is
best).
2nd. You write an exact transcription and let them read,
sign and date it.
1st. Let them write, sign and date the statement. Video
documentation is becoming as acceptable as a
written statement.
WHAT IS HEARSAY? If it isn't a confession by the one
performing the act or a statement by a direct witness
made in court, it is probably hearsay.
"I saw Bob dump it in the creek," is hearsay if the statement
was made to you during the inspection. It may be evidence if
the witness says it in court.
"I dumped it," is not hearsay because the witness is available.
It may even be admissible if the person making the
admission is dead or no longer available for trial, if it was
properly documented (i.e. 1st, 2nd, or 3rd above), F.A.R. was
documented, and/or you had additional witnesses.
Don't mix past,
present, and future
when interviewing.
Work from the
known to the
unknown when
interviewing.
Use standard
references for time,
distance, size, etc.
Signed statements
made by the
interviewee are
best.
Beware of
evidence which
may be heresay.
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THE INTERVIEW: AfeWtrade
secrets
THE
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ea
Ask questions as a friendly demand rather than
as a request:
"Please, tell me who you work for?"
Rather than, "Would you tell me who you
work for?" The latter is actually two
questions. The first is, "Would you tell
me...," and the second is the actual
information you want. Keep it simple and
straight forward.
TEAM APPROACH:
* Good guy/bad guy:
One person is more aggressive
and the other more friendly.
* One asks the questions and the
other takes notes.
* One leads the questioning and the
other injects questions only when
they see a line of questioning that
needs follow up.
Don't invade the personal space of the
individual being questioned?
* Make them feel comfortable.
* Emphasize that you are there to
find the complete truth and that
you do not have a hidden agenda
to harm them personally.
Establish a rapport!
* Be friendly
* Don't be overbearing
* If necesary, find an honest common
interest that is off the subject, to defuse
the intensity of the experience, (e.g.
compliment the decore, or share an
anicdote on a common interest
hobby, etc.)
J
cs
—
X
Ed
C9
Make it a point to show
that you are recording their
positive statements as well
as those which may be at
issue.
BE FLEXIBLE TO
THE SITUATION
AND PERSONALITY
OF INTERVIEWEE
GOOD GUY/BAD
GUY APPROACH
OFFERS WITNESS A
FRIENDLY EAR
UNDER PRESSURE
DO NOT INVADE
THEIR PERSONAL
SPACE
USE THE TEAM
APPROACH
ESTABLISH
RAPPORT AND
KEEP IT GOING
EMPHASIZE THAT
YOU WANT THE
FULL TRUTH NOT
JUST THE BAD
STUFF
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EVIDENCE THEORY AND PRACTICE
As you. document undent*, oLiuaus t
Han/ the. defense wouldattad^tnese thru
evidentiary criteria.
All three must be present to establish a "fact" of evidence. Like the links in a chain, a weakness in one and
the whole chain is useless. Foundation (F), Authenticity (A), and Relevance (R) are supported by the 5-Ws
previously discussed. If your case is developed properly it will go F.A.R.
FOUNDATION: This is the argument that one piece of information leads
to the next in a logical sequence. It may be thought of as a pyramid of
information. One piece building upon the other. For example John Doe
works at ACME Dumping. Mr. Doe, operates the outflow valves at the
discharge pipe. Mr. Doe stated that on the 3rd of March, he was at his duty
station, when the valve sprang a leak and discharged untreated waste into the
storm drain. Samples taken on the 4th of March, indicated that high levels of
the same material produced in the waste stream of ACME Dumping, was in
the storm drain.
AUTHENTICITY: Means that the evidence must be demonstrated to be
what it is claimed to be. For example; is this really a representative sample,
taken from the settling pond at ACME Dumping?
RELEVANCE: The evidence must pertain to the fact in question, tending
to make the existence of the fact either more or less probable than would be
the case without the evidence.
Evidence and documentation are not the same thing. Documentation
helps establish the who, what, where, when, why, and how of evidence,
but it is not the evidence itself. Documentation helps establish the
Foundation, Authenticity, and Relevance.
Who determines when Evidence is valid? The judge has final say
regarding the admissibility of evidence. Under most circumstances the
case reviewer will determine if there is enough evidence to proceed with
case development and assess a penalty, but they can be overturned by the
judge hearing the case.
FOUNDATION,
AUTHENTICITY, AND
RELEVANCE (F..A.R.)
MUST BE PRESENT TO
ESTABLISH EVIDENCE.
DOCUMENTATION
HELPS ESTABLISH
GROUNDS FOR
ACCEPTING EVIDENCE
THE CASE REVIEWER
DECIDES TO BEGIN
ENFORCEMENT.
AJUDGE
DETERMINES
ADMISSIBILITY OF
EVIDENCE
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DOCUMENTATION: The facts or what helps establish a fact
ACME, INC. 11-12-90
Joe Doe driving truck away.
Documentation is anything which helps
establish the foundation, authenticity or
relevance of evidence. It may also be the
evidence itself. Photos, notes, samples are all
examples.
It is the inspector's responsibility to keep track of all
notes which contribute to their inspection report.
Inspection reports must be written "Near in time" to the
inspection but the report might not have all of the
information which was recorded in contemporaneous
notes. The notes must therefore be available for
reference to support the report. It is not advised that
notes be destroyed as long as litigation is possible.
Imagine being a witness when the counsel for the defense
asks you this question. "Does the file contain all your
notes or records related to the inspection?" You would
have to answer, "No." Now, how do you prove that there
was nothing beneficial to the defense which you might
have destroyed? If it was included, all it did was show
how thorough and professional you were. The report is
documentation. If it is not written near the time of the
inspection it will loose authenticity and therefore
credibility as evidence.
Chain of custody is imperative for all evidence, and
documentation of that evidence. Notes, photographs,
diagrams, sketches, samples, and copies of documents all
require unbroken custody to insure that they have not
been compromised. The inspector is usually responsible
for the security of the original case documentation. It is
likely that parts of the original file will become seperated
as other parties become involved with the case. For this
reason the inspector should consider maintaining custody
of all originals and only forwarding copies of those
originals with the case file until the case approaches final
resolution. A secure place for evidence should be
provided for the inspector.
REPORTS MUST BE
WRITTEN 'NEAR IN
TIME" TO THE
INSPECTION.
CUSTODY OF THE
DOCUMENTATION IS
AS IMPORTANT AS
THE EVIDENCE.
NOTES SHOULD BE
KEPT UNTIL THE
CASE IS RESOLVED
THE INSPECTOR IS
RESPONSIBLE FOR
THE ORIGINAL
COMPLETE CASE
FILE.
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PHOTOGRAPHIC DOCUMENTATION: One of your most valuable tools
Is this photograph a true and accurate
representation of what you saw on that date?
The above question is usually the only test given a
photograph for a judge to determine its admissibility as
evidence. That means that photography is one of the least
challenged tools used to document any aspect of case
development.
Photography is one of the best yet most poorly utilized
tools in documentation. Some common problems are:
* Too few photographs
* Poor quality photograp hs
Lack of identification of the subjectls in
photographs.
Common misconceptions are:
Each photograph must have many
burdensome kinds of detailed information
about film, camera, lens, photographer,
weather information attached to it.
The facility has the right to process the film.
The facility has the right to a copy of each
photograph before releasing them to the
agency.
A facility can deny the use of necessary
photography without it being a denial of
entry.
SLIDES-PRINTS-POLAROID-VIDEO:
They all have their place.
A sharp, clearly lit photograph is often only second to the inspectors
personal observation of the subject when it comes to case winning
evidence. An inspector/investigator is expected to be able to use
photography skillfully and professionally. Carefully select your
equipment and become proficient in its use. Each medium has its
advantages and disadvantages. Polaroids can be messy and time
consuming. Readily available Polaroid films do not provide a
negative for future prints. Prints can be processed quickly at many
one hour processing facilities, but printing the negative requires second
party manipulation and subjective altering of the image to the eye of
the print processor. Prints are easy to view when reviewing the report
Prints are difficult to make into slides and care must be taken to keep
the prints and negatives under control. Prints must be enlarged if they
are to be shown to large numbers of people, and prints are expensive.
Slides are easy to store in a small area. Slides can be made into prints.
Slides offer the finest grain for detailed enlargements. Slides can
easily be shown to large numbers of people at a time. Kodachrome
slides require special processing which can take up to a week.
Ektachrome, Fujichrome, and Agfa films can be processed within 24
hours at local labs.
Hazardous
"Is this photograph a true and
accurate representation of
what you saw on the specified
date?" This is the major test a
photograph must satisfy to be
entered into evidence.
Photographs are
excellent physical
evidence.
Take as many photographs as are
needed to document every aspect
of the potential compliance issue.
It is the constant complaint of
attorneys that there were not
enough photographs.
The inspector/investigator is
obligated to become as
proficient with a camera as
they are sampling or using
monitoring equipment.
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PHOTOGRAPHIC DOCUMENTATION: (Continued)
Video photography is rapidly gaining popularity in
enforcement documentation. It is instant, color, has real time
high fidelity sound and is easily viewed. Hi-8 cameras
presently weigh as little as 1.7 Ibs. with features like tiding;
super close-up, low light sensitivity; and zoom lenses in ranges
from wide angle to 8X. The cost of the camera will range
from one to five times the cost of a mid-level 35 mm camera
and one lens, but 2 hours of video tape costs only half what 36
exposure print film costs for processing. Used alone or in
conjunction with conventional still photography, video has a
wide range of potential for compliance documentation.
BASIC PHOTO-DOCUMENTATION KIT I
FOR 35 mm:
1. Camera (in good proven working order)
2. Extra battery for camera
3. Stroboscopic flash
4. Extra batteries for flash
5. Extra film (Outdoor and high speed indoor)
6. Post-its ® to identify the subject in the photograph
7. Notebook and pen
Extra equipment might include a wide angle or zoom lens
which ranges from wide angle to telephoto. Enhancement is
less of a problem then most people think, but you will need to
understand the distortions caused by enhancing lenses. Wide
angle lenses make things look farther apart. Telephotos
compress distances and make things look closer together.
One commonly asked question is, "If photography is so
important to documentation shouldn't a professional
photographer be along?" The answer is a loud "yes".
However, that professional should be you. You are expected
to use sampling equipment, operate a vehicle, calibrate
monitoring devices, and use many other things in a
professional manner to document and report your findings.
Photography is also a required skill with the same professional
expectation.
On JIB. 10th. 1990,1 u» in ACME Polluting Duck touted with 55 talloo
draminopul234SthAve.Goodhrcn.WA. The dnvcr got oul of the
Buck lot moved • drum. He icnxrved tho bua| «nd dumped the comma
otto tfac iiuuud.
Good photo-documentation
is an excellent way to
stimulate your memory
months or even years after
a site visit.
Denial of the use of
photography is grounds
for denial of entry for the
inspection.
The single greatest problems
with photo-documentation is
that there is not enough of it.
Inspectors often try to describe
an event verbally when a
photograph would be far more
accurate.
Photography helps you remember:
A year or more after a site visit you may be asked to recall
details about what you saw or did at a facility. Nothing will
refresh your memory better than having numerous good
photographs documenting your activities and the issues in
question. At the same time, few forms of documentation
convey information as convincingly as photography does.
Video photography is a viable
alternative to film photography.
Video offers color, sound,
compactness and instant replay.
-------
PHOTOGRAPHIC DOCUMENTATION: (Continued)
Photographic documentation should tell the story with as little need for narrative as possible. This is dont
by shooting series of establishing shots followed by subject and then tight or close-up photographs.
The proper terms are the "establishing" or broad perspective shot; the "medium" or subject shot; and the
"tight" or close up shot.
ACME DUMPERS IN
The "establishing shot" is a photograph
taken from a distance which shows not only
the subject but one or several permanent
landmarks which can be used for reference in
establishing the exact location.
"Establishing shots" should show an
identifiable landmark. It may also be
important to show the compass orientation of
the subject, (i.e. the drums were on the south
side of the building.)
The "medium or subject shot" will emphasize a
specific object or event. Sometimes it will be shot
in series to view all sides. "Post-its may be used to
identify the item in the photograph. Numbers or
identifiers on the "Post-its" can be recorded in the
field log for reference and easy identification when
writing the narrative report.
"Tight or Detail shots" should show the
issue under rieview and/or enough
information to identify the specific item or
event in question.
Show the subject from as many angles as possible.
Arguments will often be raised about what is not shown in
the photographs.
-------
RECORDS: Understand, find, copy, log, take
THE ZEN OF RECORDS REVIEW:
Inspecting records is an art.
J
The idea is to see if (1) the records required are present and
maintained, (2) to substantiate compliance or non-compliance,
and (3) to see if they are accurate and authentic.
There are many kinds of records that are useful in a compliance
inspection. The following is only a partial list:
Annual Reports
Shipping records
Inventory records
Process records
Quality control records
Labels and literature
Disposal records
Correspondence
Self-monitoring records
Licenses
Machine logs and data
Production Records
Manifests
Sales Records
(invoices, records,
etc.)
Permits (state, local,
Federal)
Exemptions
Operation records
Corporation
Logs
Primary records are the best evidence. These are the original
records that are the source of other subsequent records. (For
example monitoring data, logs, daily records, work logs, etc.)
As a minimum you should look for the following characteristics
in the records you review:
* Compare current with past reports for possible
discrepancies or false reports. For example, is the ink
still wet on a report dated 5 years ago?
* Check for completeness and accuracy of required records
and reports.
* Ascertain compliance with record retention requirements.
* Compare information contained in the records with firsthand
observations: compare information in computer files or
printouts with other handwritten documents.
ALL RECORDS OBSERVED THAT ARE
RELATED TO COMPLIANCE SHOULD BE
DOCUMENTED.
It is possible that you could end up in cross
examination years later, trying to
remember where you found the records that
are the crux of an enforcement action.
The following is an example of an inspector
under cross examination by an industry atturney:
"Where did you say you got those documents?
They aren't ours. Ours are these nice legal ones
kept in the regular operations file."
See the problem? If you could document that you
took the records in question from the operations
in the first place, things would look better. You
should record the following information in your
notes:
1. ON EACH DOCUMENT:
* Inspector's Initials, code (such as
"Attachment 1") and the date.
2. IN THE INSPECTOR'S NOTEBOOK OR IN
THE REPORT:
* What the document is
* Source of the document
* Physical location of the original
document
WHATEVER METHOD YOU USE TO
SELECT AND REVIEW THE AVAILABLE
RECORDS, MAKE SURE YOU MAKE A
NOTE OF WHAT THAT METHOD WAS.
This should include who is responsible for keeping the
records; where the records were located; and if the
records were computerized, where the originals were
located.
1. Random sample 3. Other method
2. Judgement sample 4. Took copies of all
Would a company cheat on its records?
That depends. There are motives which some
individuals may feel justify it. Some CEO's have
gone to jail as well as received personal penalty
judgements as a result of compliance inspections.
There are numerous case histories where
documents have been lost or altered to avoid
compliance violations. You are to gather
information showing the complete and accurate
conditions as they were at the time of your
inspection. Make no assumptions of guilt or
innocence.
14
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RECORDS: Are fundamental to most compliance issues I
Gain an understanding of the record generating system at the
facility:
A. Why do they generate the records?
B. What do they do with the records?
C. , Where do they keep the records?
D. Is their record keeping method accurate?
Use a system of checks and cross checks to verify
authenticity:
A. Go to the site of record generation for some
fraction of the record sampleto verify the data.
B. Go to the site of storage for some fraction of each of
the records reviewed. (If you ever have to seek a
warrant you may have to state where the records are
kept.)
C. If you cannot review all the records you should
choose a method which gives you the best chance of
getting a representative sample, (e.g. random,
judgemental targeting, total inventory review, etc.)
Copy all important records: Photocopies are usually available
at even the smallest businesses. If that is not available you
may choose one of the following methods:
A. Photograph the document with your camera.
Remember that white paper usually requires one full
stop of overexposure to register accurately on film.
B. Make accurate notes on the nature of the document, its
location, and then copy the document as accurately as
time will allow. If the document is ever destroyed
your notes become the most accurate remaining record
of the document and may still be admissible in court.
Take copies of related records, such as:
A. There are records that are generated from other
records. It is usually better to collect copies of the
entire chain of information from its original generation
to its final form. For example; a stack monitor may
record data continuously. That data may be recorded
on a monthly and then yearly log. The annual log may
be the issue for compliance but the data that generated
it may be more important.
B. Some records relate to other records in different ways.
For example manifests indicate that something was
shipped. If there were no records that something was
generated, why is there a manifest that something was
shipped? Another example might be purchasing
records. If production output was "X" amount in
January and "Y" amount in February but the
purchasing of constituent products was the same, why
was there a difference and where did that difference go?
LEARN THE
COMPANY'S
RECORD KEEPING
SYSTEM
VERIFY RECORDS
WITH CHECKS AND
CROSS CHECKS
TAKE COPIES OF
ALL DOCUMENTS
IMPORTANT TO THE
CASE
NOTE LOCATION OF
DOCUMENT
STORAGE
REVIEW RECORDS
USING AN
APPROPRIATE
SYSTEM
15
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SAMPLING: When, why, how I
WHAT AND WHY YOU ARE SAMPLING WILL
DETERMINE THE METHOD YOU SHOULD USE
your Qg£j¥ out
Sample flan, art the
tiutatfase
How to sample is firmly
established by Agency
protocols and traceable to
National and International
standards.
Deviation from those proto-
cols may mean inadmissable
sample evidence and a waste
of time and effort.
The QAQC (Quality Assurance Quality Control)
program office will help you put these plans together.
There are many confusing terms used in the various programs which
relate to the same general issues. It is the inspector/investigator's
responsibility to keep track of his/her own objectives and translate those
objectives into the jargon of each media. Help is available from the QA
office.
The Quality Assurance Project Plan (QAPjP) is the overall recipe
for a legally supportable activity with subsets that can be made to cause
data translation to the language required for enforcement and eventual
referral to the Office of Regional Counsel (ORC). Even the best and
most experienced field investigators have trouble with these translations
from time to time. A major function of the QAQC program office is to
assist the project manager (i.e. inspector) in assigning tasks and setting
sample parameters and language for reporting data. They can and
should help you select appropriate methodologies and practices.
Precision and Accuracy are terms which have enormous impact upon
QAQC, the lab, media programs, and enforcement, however, they tend
to take on a broader relevance outside of the inspection itself. For
example, the inspector knows that for a particular substance 1,000 ppm
is the action point for enforcement, yet the methodologies may address
data in + or - percentiles. Accuracy is often in parts per trillion, or
billion increments. Someone must be directed to translate the data.
Is there a bottom line to all this? There sure is. You are the Project
Manager (PM) and responsible for generating a viable package for
referral.. The media program office, QAQC staff and ORC should
support you by helping to generate the most supportable data package
possible Take and keep control. Manage the referral package
development until you pass it on. Never boiler plate previous sample
plans you don't understand. Ask questions and request answers from the
specialists with information relevant to your goals. It will be your
signature on the QAPjP and you on the stand should the case go to
trial
The Project Manager (PM) is
responsible for QAQC. The PM is
accountable for the technical
accuracy and legal supportabillty of
the entire referral package.
The QAPjP is the recipe for aU
technical activities. It must be
technically accurate and legally
supportable through ties to policy
| and established standards acceptable
to a Judge.
j What and why you are sampling will
determine the method you should
use. It Is the PM's responsibility to
assure that the correct methods are
selected and documented
satisfactorily.
The QAQC office should be able and
willing to assist the PM in developing
the best methodologies to insure
appropriate and technically
supportable data.
The PM's name Is on the bottom
line. They will have to take the
stand in court to defend all activities.
Take charge and know what you are
doing.
-------
SAMPLING: When, Why, How (Continued)
If you can't maintain Quality Assurance (QA) and Quality
Control (QC) you shouldn't take the samples at all. Each
sample must be supported with documentation providing the
5-Ws and that key word How. Without that documentation
it will be impossible to establish the three criteria (F.A.R.)
for evidence admissibility.
When or why should I take samples? The first call oh that
is the lead person in the field... you!
* When to sample is determined by the best chance to
obtain a representative sample.
* Why a sample is taken is more subjective. It is
initiated if there is a lack of confidence in available
data or because of incomplete data at the facility or
home office.
Sample documentation centers around three prime issues:
representativeness, tracking and methodology:
* Was the sample representative of what you needed to
evaluate for compliance? Does it represent a specific
waste stream, site, event or activity?
* Can you prove where it came from, where it went,
what was done to it, and that there was not an
opportunity to compromise the sample along the way
through your tracking documentation?
* Was the correct methodology followed to insure
that your sample was (1) taken properly for the
substance in question, and (2) the proper analytical
method was used to make an accurate evaluation of its
presence.
What are some of the tools used to accomplish
thorough tracking? nELD LOG OR NOTEBOOK
FIELD PHOTOGRAPHY
FIELD LAB DATA SHEET
SAMPLE NUMBER
SAMPLE LABELS
ANALYSIS REQUEST
QAPjP
SAMPLE PLAN
CHECK LISTS
FIELD GENERATED
DIAGRAMS AND MAPS
CHAIN OF CUSTODY
LAB S AMPLE TRAFFIC
REPORT
OJVPj'P 75 5/fM!E£/r
<&fE I&CI'PE TWVI
TOOLS 'WILL 'S'E UST.'D.
If you can't assure QAQC
you shouldn't sample.
Documentation must prove
QAQC existed so that
F.A.R. criteria are
established and the sample
may be entered as evidence.
The lead compliance
inspector has the call on
when and why a sample
should be taken.
The three areas of sample
documentation are:
Representativeness
* Tracking
* Methodology
Sample when it will be the most
representative.
Sample because you don't trust
the data or there isn't enough
data.
-------
THE CLOSING CONFERENCE
I CONFIRM YOUR OBSERVATIONS:]
Part of your job may be to inform the regulated community as
well as make observations related to compliance. Before you can
make suggestions you should make sure there is a full
understanding of the subject matter. Review what your
observations were and request any clarification that might offer a
more complete or accurate picture of the event or subject. The
fact that you made this request now, will be important if new
material is provided by the facility in settlement at a later time. It
is not uncommon to hear statements by the opposing counsel like:
"The inspector did not indicate that this was a problem or my
client would have provided the information"; or " If the inspector
would have only been more thorough, he/she would have seen
that we were in compliance." Refer to the regulations and your
opinion without reaching specific regulatory conclusions.
It is as important that you document the thoroughness of your
procedures, as it is to document the thoroughness of their's.
IT IS NOT THE INSPECTORS ROLE TO MAKE
COMPLIANCE DETERMINATIONS TO THE
FACILITY.
There are two primary reasons for this: The first reason is
based on legal ethics. The inspector is the "witness of fact"
and not the "program compliance case reviewer." If the
inspector makes compliance determinations, two things may
happen; (1) it places the inspector in the position of being the
cop and the judge, and (2) it opens a door for emotional or
personal bias. A system where there is a division of job rolls
can easily correct this.
The second reason is practical. Either the program or counsel
may determine that there is inadequate documentation for a
case referral. In this instance you may have caused unjust
expense to the facility who responded to your allegations.
Your notification to die facility may also be overturned. Your
unilateral decision in the field may limit the decisions available
to the agency. If you told the facility, "There were no
problems" and the agency determines that there were, the
agency might have to mitigate their decision considerably
based on your statements.
Remember, it is the inspectors role to be the
"witness of fact." If you wear another hat
and also determine compliance, make sure you
take the inspector's hat off first. It is very easy
for feelings to sneak into the job. Wherever
possible we must reinforce total objectivity
with different roles and different jobs.
Smith
REVIEW AND
CONFIRM YOUR
OBSERVATIONS
REFER TO THE
REGULATIONS BUT
AVOID DRAWING
CONCLUSIONS:
IDENTIFY ANY
MISSING
INFORMATION:
STATE HOW LONG THE
FACILITY HAS TO GET
INFORMATION TO
YOU:
IDENTIFY WHO
SHOULD PROVIDE THE
INFORMATION AND
WHO THEY SHOULD
PROVIDE IT TO:
It is aCmost never a good idea to
say 'This is a violation' or 'There
were, no violations.'
-------
REPORT CONTENT AND STYLE
Write the report as you did the inspection.
1.1 did this...
2.1 asked Joe Dokes...
3.1 sampled the...
4. Mary Dokes said...
Style is often interpreted as discretionary by
various program offices. In the court room style
is strictly "first person singular." If your office
insists upon passive tense such as "it was
determined" rather than the active "I
determined," they should consult appropriate
experienced counsel. The less translation
between the report and testimony, the better.
Good reports are not great prose. Good reports
are a narrative of what happened during a
specific event in time. Clarity is far more
important than sounding academic.
Avoid unnecessary or "cop talk" jargon. Say
"Joe Dokes got out of the GMC truck," rather
than, "The perpetrator exited the vehicle."
Avoid drawing conclusions. Write the facts in
such clarity that the reader can draw their own
conclusion. "Joe was very hostile," is a
conclusion. "Joe began swearing and punching
holes in the wall," is a statement of events from
which the reader can draw their own conclusions.
Avoid making assumptions. "I determined that
the records were acceptable after a review of
several examples." The most you can say is that
in your opinion, the specific records reviewed
appeared acceptable to you. In most cases you
should take example copies of those records and
also allow the program to review them and make
a determination.
Write the report as you
did the inspection.
Writing the report in
"First Person
Singular" prevents
explaining in court.
Good reports are
accurate narratives of
events and not intended
to be great prose.
Avoid drawing
conclusions in your
report.
Avoid making
assumptions.
-------
REPORT CONTENTS: The 5-W's
The following outline has been generally accepted throughout the program offices
of several EPA Regions and the Office of Regional Counsel.
HEADING:
FACILITY
ADDRESS:
SITE
ADDRESS:
SITE
CONTACTS:
INSPECTION
TEAM:
PURPOSE:
HISTORY:
INSPECTION
TIMES:
This would include the type of inspection, site name, and date of
the inspection.)
Corporate or head office address.
Exact location of site inspected.
Name, position- or title, and telephone number.
Leader and all members of the inspection team. Name, position
or tide, and telephone number.
Compliance inspection, audit, sampling, etc. and the authority for
the inspection.
This includes compliance history, and the history of the facility or
site.
The hour, day and year for the inspection, (e.g. 2-19-1991 @
0800 hours)
OPENING
CONFERENCE: Who did you show your credentials to; all persons present;
titles or positions; what was discussed (i.e. scope and timing of
inspection events); specific arrangements; if entry was granted or
denied.
FIELD
INSPECTION:
Narrative of field inspection and observations. Where did you go
or not go if it was relevant. What did you see. Documentation.
RECORDS
INSPECTION: What was reviewed, copied and taken. Where were the records
and who was in charge.
CLOSING
CONFERENCE: Who was there? What was discussed? What was agreed to?
SAMPLES: Were samples taken? Of what? Where there splits?
COMPLIANCE
CONCERNS: Stated as your opinion only. Regulations should not be sited in the
report but may be suggested in an "enforcement confidential"
memo to the program chief or attorney. Some attorneys have
strong feelings against the inspector drawing any enforcement
conclusions at all because it may complicate Agency's discretion.
ATTACHMENTS: List and identify all notes, documents, photos, notices, and
documentation.
DATE AND
SIGNTTURE:
It's your report so sign it.
WHAT IS IT?
WHERE DID YOU DO
WHAT?
DID YOU PROPERLY
IDENTIFY YOURSELF?
WHO LET YOU DO IT
AND WHO DID YOU DO
IT WITH?
WHAT EXACTLY DID
YOU DO AND SEE?
WHAT RECORDS WERE
REVIEWED, COPIED, OR
TAKEN?
DID YOU REVIEW YOUR
FINDINGS WITH THE
FACILITY AND LET
THEM RESPOND?
WHAT IS ATTACHED
TO PROVE WHAT YOU
DID OR SAW?
SIGN IT!
-------
REPORT WRITING: Words and Phrases to avoid
So why is it so important to avoid some words and phrases?
They are beyond the knowledge of the inspector, they are
ambiguous, or they are not substantiated or supportable by
documentation. They can limit the choices open to the agency
by seeming to pre-judge the issue by drawing a conclusion.
They can also be so vague that they do not answer the who,
what, where, why, and how questions your report must
address.
1. "ALL," is so absolute that any exception can throw the
issue into question. For example don't say you saw all the
records. You might be able to say that you saw all the
drums in the storage area with more confidence.
2. "Always," again is an absolute term. Always does not
allow for an exception, and exceptions usually exist.
3. "Never," is also an absolute term. One exception and you
may have trouble.
4. "Violations," as in "there were violations," or "that was a
violation," is reaching a conclusion. Rarely should the
inspector also be the one who determines if there is a
violation. What if you were wrong? The company could
sue you for expenses or damages. You may not have
supplied enough credible documentation to substantiate the
violation. You would be making an institutional decision
without using the system of checks and balances built into the
program.
5. "No Violations," is also reaching a conclusion. Changes in
interpretations can alter whether action is possible or not.
Only the appropriate counsel may know recent court decisions.
6. "It Was Determined," is vague and doesn't say who
determined. If you made a judgement call say so. "I
determined that the transformer was leaking because dielectric
fluid was flowing from a hole in the side." If you reach a
conclusion make sure that (1) you are qualified to make that
determination, and (2) you document it well enough that others
can reach the same conclusion.
7. "They Said," is also vague. Who said? I said. Joe said. The
woman in the red dress said. These are far more specific and
who said what can be critical to a case.
The report should clarify information. It should also simplify,
so that readers less qualified than the writer can reach their
own conclusions. Avoid unnecessary high tech language.
Judges or attorneys seldom have engineering or chemistry
degrees.
AVOID USING THESE
WORDS AND PHRASES:
'ALL'
"ALWAYS"
"NEVER"
"VIOLATIONS"
OR
"NO VIOLATIONS"
"IT WAS
DETERMINED"
"THEY SAID"
-------
THE INSPECTOR AS A WITNESS
INSPECTORS WHO BUILD GOOD CASE FILES
TEND NOT TO HAVE TO GO TO COURT.
Those cases with strong documentation of evidence
tend to be settled without the added expense of a
lengthy defense. But being an inspector is a life of
exceptions. Some will contest the allegation regardless
of your efforts.
Under most circumstances the inspector will be called
as a "fact witness" to testify about what they have
personal knowledge of through their five senses. Your
"foundation" for having that knowledge will be
established prior to your testimony.
The three most common attacks on a witness are
competency, credibility, and impeachment. The
following is a brief discussion of each:
* Competency is determined by the judge and done on
a case by case basis. If you actually take the stand
you are probably competent.
* Credibility refers to your worthiness for belief.
Here the defense-has a chance to peck at you on the
stand. Were you qualified to make the observation?
Is there any reason we should not believe what you
said, actually happened? There are many subtleties
here. A lack of composure under fire can tarnish
your credibility in the view of a jury or hearing
judge. Do not elaborate beyond your, direct
knowledge or you open a Pandora's box for the
defense.
* Impeachment is what happens when the defense
detects a flaw in your testimony. The job of the
defense is to assault that chink in your credibility
until it looks like a chasm to the trier of fact (judge).
Stick to what you know.
Sounds intimidating doesn't it? It should not be.
Everyone has their role. Stick to yours. The defense
should be aggressive in attacking the evidence or who
has obtained it. There is help, your counsel.
WELL DOCUMENTED
CASES TEND TO
SETTLE OUT OF
COURT.
THE INSPECTOR WILL
USUALLY BE A "FACT
WITNESS."
THE JUDGE
DETERMINES
COMPETENCY OF THE
WITNESS.
THE DEFENSE IS
SUPPOSED TO ATTACK
THE PROSECUTIONS
CASE.
STICK TO WHAT YOU
KNOW AND DON'T
ELABORATE.
-------
HOW TO BE A GOOD WITNESS: MAKING THE BEST OF A TRYING SITUATION
PREPARATION BEFORE GIVING TESTIMONY
WILL HELP ESTABLISH ROLES AND COMFORT.
You are always to tell the truth. Your attorney should prepare you for
taking the stand or giving a deposition. Your attorney should review the
strength and weakness of your knowledge to refresh your memory and also
to make you more comfortable with the court proceedings. Your attorney
should review the questions they intend to ask and may review your
answers as well. In contrast the defense may try to create doubt or insecu-
rity in the witness' mind by asking the question, "Did you discuss this with
your attorney before you came here?" As if there were something wrong
with it. There isn't You would answer "yes." The defence might then ask
you, "Were you told how to answer?" Your answer would be,"/ way told to
tell the truth."
DON'T VOLUNTEER INFORMATION AND
KNOW WHEN TO SHUT UP.
The more you say the more chance the defense has to find an area of
weakness. DONT RAMBLE. Answer only the question put to you and
then shut up. A common problem is to answer a question which is antici-
pated but has not been asked. You may think you know where the defense
is going, but they may have another agenda or may not have thought of the
issue at all. They may not have thought of the question at all and there you
are volunteering an answer. What you may have brought up, may or may
not be relevant and can take days and even weeks to deal with.
If you don't understand a question you should PAUSE AND THINK about
it You may ask the judge to allow you to refer to your field notes, photo-
graphs, inspection report or ask that the question be repeated if you need to.
You cannot answer a question you do not fully understand. It is usually
permissable for you to ask for rephrasing or that a complicated or compound
question be broken up. Some aggressive defense counsels may press you
for answers by establishing a rhythm of easy "yes or no" questions and then
abruptly change pace with a complicated question in hopes of getting a
poorly considered answer or compromising your composure. Simply
pausing before you answer will allow you to reflect and maintain your
demeanor. Don't let the defense counsel's silence motivate you to ramble.
Leading questions, intimidation, assaulting your credibility, or twisting
interpretations are all counsel techniques which have ethical boundaries.
However, some defense attorneys may tend to test these boundaries if they
find that they are working to their clients favor. Don't allow any action by
the defense to affect your emotions or behavior. Your attorney is allowed to
object to possible breaches of protocol and your calm composure will only
reflect your professionalism.
Trials are by nature adversarial, recognize it, stick to what you know, and
answer only the question put before your. Not all defense attorneys are as
aggressive as just described. Remember you are there only as a WITNESS
OF FACT. Relate what you did and what you know and always TELL
THE TRUTH.
TELL THE TRUTH!
STICK TO WHAT
YOU KNOW.
ONLY ANSWER THE
QUESTION THAT WAS
ASKED.
KNOW WHEN TO
SHUT UP.
YOU MAY REFER TO
YOUR NOTES,
PHOTOS, AND
REPORTS TO REFRESH
YOUR MEMORY.
YOUR ATTORNEY CAN
HELP YOUR PREPARE
TO BE A GOOD
WITNESS.
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