Beyond the Rule of Thumb
Tip 60
By Steve De Lisi
While operating at the scene of any incident involving hazardous materials, first responders should always ask themselves if the event could involve any type of criminal activity. Although no one expects first responders to conduct a thorough criminal investigation, they should accept the responsibility for identifying and preserving evidence and notifying the appropriate authorities of their concerns.
For example, first responders may become aware of inconsistencies among shipping papers, placards, and markings displayed on the outside of transport vehicles. The shipping papers may state that the proper shipping name for a product is nitrocellulose with not less than 25% alcoholand that the product identification number is 2556. Yet, you notice that the identification number displayed on the outside of the transport vehicle is 2555, which would indicate a shipment of nitrocellulose with water, not less than 25%. Although this situation undoubtedly presents first responders with erroneous and dangerous information, it also likely represents a violation of hazardous material transportation regulations. Responders should notify police officers who specialize in motor carrier enforcement.
During incidents involving commercial motor vehicles, shipping papers and driver logbooks may become evidence, as would photographs of what are believed to be improper placards and marking. First responders should avoid any actions that could disturb potential evidence, such as moving the vehicles prior to photographing their position or washing down the interior of a smoldering truck cab with hundreds of gallons of water before law enforcement or fire investigators have had an opportunity to retrieve any evidence that includes log books and shipping papers.
First responders could encounter several containers that appear to be abandoned on a vacant lot. If in fact the containers are abandoned, is this now an environmental crime scene? Were the containers disposed of illegally in an effort to avoid the cost of proper disposal; if so, who is responsible, and who will pay for the cleanup?
When dealing with abandoned materials or containers, preserving evidence is usually best accomplished by staying away from them. In that way, you avoid destroying any physical evidence on or near the containers, such as fingerprints, footprints, or tire tracks. Furthermore, you will also be less inclined to open the container to see what’s inside. Opening a container under these circumstances is not only dangerous, but it also complicates the job of a prosecutor who may have to explain to a jury why a suspect should be charged with a felony for illegal disposal of dangerous hazardous waste, despite the fact that the local fire chief is reported to have opened one of the containers without any apparent concern for his safety.
An incident involving a suspicious odor could be evidence of a clandestine drug lab, un-permitted storage of hazardous waste, or improper use of hazardous materials. For example, a commercial building could house several types of businesses, and those who work in an office may complain about a noxious odor from a neighbor who stores and ships chemicals. Likewise, complaints of suspicious odors at self-storage facilities could involve unpermitted storage of chemicals for a legitimate business or attempts to store hazardous waste rather than dispose of these materials in the proper manner. Investigation of these situations may involve officials with responsible for zoning and code enforcement.
First responders may also discover evidence of drug labs when responding to structure fires or emergency medical calls. Under these circumstances, the real threat to first responders is the potential for exposure to extremely dangerous chemicals and explosions involving chemicals and drug-manufacturing equipment. Touching or otherwise moving any of this equipment is not only dangerous but also has the potential to damage or destroy evidence.
During incidents involving possible drug labs, all personnel, including those from EMS, must wear self-contained breathing apparatus (SCBA). Unfortunately, not all EMS units carry SCBA. In this case, personnel may need to wait for assistance from fire units prior to making entry. Remember, too, that victims will require thorough decontamination prior to receiving any level of medical care.
During an incident at an industrial facility where an employee has been injured, first responders may observe unsafe acts committed by employees, or witnesses may tell them that the company intentionally violated workplace safety regulations, which led to the incident. You probably should notify state occupational safety and health officials in these types of situations. There may have also been a release of chemicals manufactured, used, or stored at the facility and based on the quantity of the release involved, you may have to notify state and federal authorities. Although the facility representatives are responsible for making these notifications, first responders should at least notify their local emergency management officials of the release to ensure that they are aware of it. Some releases, especially those involving flammable materials, may also violate local fire codes, and you may have to notify the local or state fire marshal.
The importance of preserving any evidence of criminal activity and notifying the appropriate authorities cannot be overstated. Just how and when representatives from law enforcement, code enforcement, or occupational safety and health agencies respond is based on several factors, including jurisdictional issues and their workload at the time. However, if no notification is made and there is a lingering problem at the scene that could have been avoided through notifying the proper authorities, the public will remember that the fire department was at the scene earlier. The question likely to be asked is, “Why didn’t you do something?” Saying that it was not your job to deal with law enforcement, code enforcement, or occupational safety issues is not the right answer. Therefore, when in doubt regarding possible criminal activity at incidents involving hazardous materials, always make the call.
Questions or comments on this or any other monthly Hazardous Materials Survival Tip may be directed to Steven De Lisi at HazMatSurvivalTip@comcast.net.
Steven M. De Lisi recently retired from the fire service following a 27-year career that included serving as the deputy chief for the Virginia Air Guard Fire Rescue and a division chief for the Virginia Department of Fire Programs (VDFP). De Lisi is a hazardous materials specialist and as an adjunct instructor for VDFP, he continues to conduct hazardous materials, and awareness and operations-level training for fire suppression and EMS personnel. De Lisi began his career in hazardous materials response in 1982 as a member of the hazmat team with the Newport News (VA) Fire Department. Since then, he has also served as a hazardous materials officer for the Virginia Department of Emergency Management; in that capacity, he provided on-scene assistance to first responders dealing with hazardous materials incidents in a region that included more than 20 local jurisdictions. De Lisi holds a master’s degree in public safety leadership and is the author of the textbook Hazardous Material Incidents: Surviving the Initial Response, (Fire Engineering).
