Note taking what the cops know and what you should learn in Incident Investigations NO ELBOWS!

Regardless if you a peace (police ) officer, and yes OHS officers do this too or the supervisor on site at an incident investigation, good note taking is CRITICAL, it is your canvas REMBRANDT in recreating the painting of the events after the fact and getting it correct.  How many times have you do up a incident report in the field and thought CRAP I should have asked that question, or what did that person say, how far away was that power pole again!

The second most important lesson taught to the peace (Police) officer in recruit training is good note taking. The rules are: • Entries should be made in black ink. • Entries should be made at the time of the event which is being recorded or, where circumstances prevent this, as soon as possible after the event. Where there is a delay the specific reasons should be included, for example the conduct of the suspect or other persons involved in the incident. • The day, date and year should be recorded and underlined at the beginning of entries for that day. • All surnames and place names should be in block capitals. • Entries should be made only on the lines of the pages of the book and all lines and pages should be used. • Each entry should include time and location. • Names and addresses of victims, offenders, witnesses and informants should be recorded. Additional information about the offender may be relevant depending on the incident. • Where the incident involves vehicles, property or documents, full descriptive details should be recorded including unique identifiers, e.g. registration marks, serial numbers etc. • It is often necessary to record information or a person’s account of an incident immediately into the notebook and, as a result, the entry may not necessarily make sense to a reader. Such an entry should be made in direct speech wherever possible, for example: Q: “Can you explain what happened?” A: “Yes, I was walking along the High Street when ” • It should then be followed by a section of narrative which accurately explains the event

No matter what you do, a written document is required to record the procedure performed. All entries should be a comprehensive narrative of the event but may include drawings, e.g. sketch plans of a Road Traffic Collision. Entries should be made in a chronological order as soon as practicable after the event, if not a reason must be given for the delay.

The term "accident" can be defined as an unplanned event that interrupts the completion of an activity, and that may (or may not) include injury or property damage.

An incident usually refers to an unexpected event that did not cause injury or damage this time but had the potential. "Near miss" or "dangerous occurrence" are also terms for an event that could have caused harm but did not.

Please note: The term incident is used in some situations and jurisdictions to cover both an "accident" and "incident". It is argued that the word "accident" implies that the event was related to fate or chance. When the root cause is determined, it is usually found that many events were predictable and could have been prevented if the right actions were taken -- making the event not one of fate or chance (thus, the word incident is used). For simplicity, we will use the term accident to mean all of the above events.

Your NOTES made at the time will include;

Based on your knowledge of the work process, you may want to check items such as:

• positions of injured workers
• equipment being used
• materials or chemicals being used
• safety devices in use
• position of appropriate guards
• position of controls of machinery
• damage to equipment
• housekeeping of area
• weather conditions
• lighting levels
• noise levels
• time of day

You may want to take photographs before anything is moved, both of the general area and specific items. Later careful study of these may reveal conditions or observations missed previously. Sketches of the accident scene based on measurements taken may also help in subsequent analysis and will clarify any written reports. Broken equipment, debris, and samples of materials involved may be removed for further analysis by appropriate experts. Even if photographs are taken, written notes about the location of these items at the accident scene should be prepared.

It is easy to see how sloppy workplace note taking is something civil or criminal  defence lawyers can be expected to seize upon in implementing such a strategy. And, if defence counsel ultimately is successful in having the evidence establishing guilt ruled inadmissible, it invariably proves fatal to the prosecution of the case. Notes are the foundation of an investigation and can often come into play months or years after an incident. No longer a means of simply refreshing an officer's memory, notes play a critical role in judicial proceedings where there is a direct link between an officer's notes, their report, and their testimony.

Notes are the foundation of an investigation and can often come into play months or years after an incident. No longer a means of simply refreshing an officer's memory, notes play a critical role in judicial proceedings where there is a direct link between an officer's notes, their report, and their testimony. When you make notes at the time in your own hand writing to refresh your memory of the events at hand do you understand:

·        Recall that note taking is the foundation of an investigation, and poor notes may lead to poor report writing and to poor testimony

·        Recall that the legal expectations in regards to note taking are increasing in complexity

·        Compose your notes so that the event can be recalled months or years later

·        Compose your notes and adhere to both legal requirements and your agency's policy

·        Recall that, as an officer, you must prepare your investigative notebook at the beginning of each shift

·        Describe and record in your notes the details of an incident in a clear, concise, factual, and professional manner

·        Locate all of the necessary information and ensure that your notes are complete

·        Recall that you must articulate your justification

·        Compose your notes according to the guidelines when no investigative notebook is available

·        Recall your organization's policy regarding confidential informants and note taking

·        Evaluate your notes for completeness and accuracy

Train yourself to think in five categories: yourself, victims, witnesses, suspects, evidence, and disposition. You won’t necessarily organize your report in these categories. But thinking about them will ensure that you don’t overlook anything important.

Think about the type of report you’ll be rewriting.

·        If you’ve thoroughly familiarized yourself with the types of reports and their special requirements, you’re more likely to cover every angle.

Control the interview.

·        Talking to witnesses, suspects, and victims can present challenges: Stress levels are likely to be high, and you may be listening to a jumble of relevant and irrelevant information. One useful practice is to deal with emotions first. Reassure the person you’re talking to (“You’re safe” or “We’ve got the situation under control”). Then explain that you need the person’s help in order to follow up. If you’re calm and professional, the person who’s talking is more likely to cooperate and answer your questions. Don’t hesitate to break in, gently, if a witness goes off on a tangent.

Record the information promptly and thoroughly.

·        Don’t rely on your memory to add details lately. It’s embarrassing to be caught with an inaccurate or incomplete report. Discipline yourself to write a complete set of notes as soon as possible.

Accurate notes should be made at the scene of the incident and at other stages of the investigation to enable the information to be used at a later date. The notes should not be limited to those matters that you are able to give in evidence, but should include all material that may have some bearing on the incident and the investigation. An example of this would be the exact words used by a victim or witness which you may not be allowed to give in evidence but may be significant at a later stage in the investigation. The importance of this will become clearer when you have studied the rules governing hearsay evidence. There may still be gaps in your understanding of the sequence of events that resulted in the accident/incident. You may need to re-interview some witnesses to fill these gaps in your knowledge.

• When your analysis is complete, write down a step-by-step account of what happened (your conclusions) working back from the moment of the accident, listing all possible causes at each step. This is not extra work: it is a draft for part of the final report. Each conclusion should be checked to see if:
• it is supported by evidence
• the evidence is direct (physical or documentary) or based on eyewitness accounts, or
• the evidence is based on assumption.

Your note taking enables you to build that office report later, and with confidence by answering these field questions.

1.  Obtain the basic facts

·        Date and time of incident

·        Names and contact details of injured / affected person(s), age, sex, occupation / course of study (if a student)

·        The nature of the injury / ill health / assault / property damage sustained, details of treatment received, hospital attended, length of stay, length of absence from work/study

·        Location details and layout of the area in which the incident occurred

·        Details of witnesses / people first on the scene of the incident / first aiders who attended

·        Condition and description of plant or equipment involved (before and after the incident) - including make, model, serial number, safety devices provided etc.

·        If appropriate, take photographs, draw sketches and take measurements to record the scene of the incident before things are moved, repaired and cleaned up. The University may need this evidence later.

·        Any hazardous substances in use or present (obtain Safety Data Sheets if they are not already available), if applicable to the incident

·        Names, contact details of any contractors involved, you may need to contact them later.

2.  Establish the circumstances of the incident

·        Events leading up to the incident - what was the sequence of events?

·        What was being done at the time of the incident, was this unusual or different from normal?

·        What were the immediate causes of the incident – how did it happen?

·        If investigating a case of occupational disease or ill health, is there any evidence linking this to work activities?

·        What instructions were given to those involved, before the incident?

·        What were the established methods of work and procedures?

·        What was the behavior and actions of individuals before, during and after the incident?

·        What was the role of supervisors and managers in the activities concerned?

3.   Identify the underlying causes of the incident

There is often far more to accidents than simply unsafe acts by individuals or unsafe conditions, you need to consider why the circumstances leading to the incident occurred, and went unnoticed and unchecked. How did things get this far? Consider the following:

·        Has anything similar happened before? Check the accident book, ask around

·        Has the problem been mentioned before, when, by whom, what action was taken?

·        Was this risk known and had a risk assessment been completed for this activity / substance / these premises, is it suitable and sufficient?

·        Were University or local guidelines, policies or rules being followed?

·        What control measures and safety equipment were identified by the risk assessment – are they still in place and effective (were the individuals doing the work aware of these)?

·        Are any management or supervision failures evident?

·        Was communication between the relevant parties adequate and effective?

·        What was the level of competence of those involved – including the nature of any training, instruction or information provided, was it adequate?

·        Are there any shortcomings in the original installation or design, if relevant?

·        Were adequate performance standards set and monitored by management?

·        Was there an adequate system for maintenance and cleaning of premises or equipment?

·        Were systems of work that individuals were expected to follow actually being followed in practice?, were these systems workable and realistic (if not, why not?)

·        Was personal protective equipment provided, was it suitable and effective (if not, why not?)

·        Is record keeping adequate?

4.  Establish whether the initial management and emergency response was adequate

·        Was the initial response to the incident by the company prompt and effective? Consider the actions taken to make the situation safe, or to deal with any continuing risks

·        Was the response to the incident by the Emergency Services or other external agencies, prompt and effective?

·        Was the fire fighting and first aid response suitable, were correct spillage procedures known and followed?

·        Was the incident promptly reported to the relevant parties (if not, why not)?

·        How was the injured person treated and supported –was this adequate?

·        Were the needs of witnesses adequately addressed (de-briefing, counselling etc)?

5.  Identify any further action needed to prevent a recurrence

You should assess or reassess the risks of this particular activity / equipment / area. When doing this you should question the adequacy of existing control measures and work methods and any discrepancy between these and what was intended. You will need to establish if the existing controls meet current standards are adequate to effectively control risks.

In particular, you may need to;

·        Improve physical safeguards or safety features or modify design or workplace layout

·        Improve existing work methods or introduce new safe working procedures

·        Provide additional safety equipment e.g. lifting aids, personal protective equipment

·        Produce or review risk assessments

·        Update written health & safety rules, standards or policies, communicate these to employees / students, as appropriate

·        Improve communications systems

·        Make changes to or provide extra training, supervision or information sources

·        Introduce better testing, maintenance or cleaning arrangements

·        Introduce inspection, monitoring and audit systems

·        Review similar risks in other sections