250 words and two scholarly references

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183

Personal Protective Equipment Hank T. Christen Paul M. Maniscalco

• Determine the proper respiratory protection and ensemble based on the chemical, biological, radiologi- cal, and nuclear (CBRN) agent and concentration.

• Summarize the intent of NFPA Standard 472, 2008 edition, and explain how the changes in this stan- dard apply to emergency response disciplines.

• Classify the major levels of respiratory protection and compare the strengths and weaknesses of each level.

• Identify and describe four classes of protective ensembles.

• Summarize the key elements in a personal protective equipment (PPE) training program.

• Outline an effective employee exposure control plan.

Objectives

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Introduction

In the 21st century, especially in terrorism incidents and technological accidents, chemical, biological, radiologi- cal, and environmental hazards may confront emergency responders. These threats are generally referred to as CBRN. There is a growing concern that most emergency response disciplines do not have the training or protec- tion programs to protect members in CBRN environ- ments. Respiratory protection and protective ensembles are primary examples. Most law enforcement officers have only their work uniform and body armor, which offers no protection. Traditional law enforcement riot masks are not suitable for protection in oxygen-deficient atmospheres or chemical releases, or for nerve gas expo- sure, radiological, or biological exposure. Fire fighters have high levels of respiratory protection, but traditional firefighting turnout gear offers little or no protection in CBRN environments (FIGURE 13-1). Many emergency re- sponse agencies such as EMS, public health, and public works have no CBRN respiratory protection or protective ensembles (FIGURE 13-2).

Upgrading levels of protection presents many chal- lenges to emergency response agencies. First, there is added expense. Higher levels of PPE require costly re- spiratory protection and protective ensembles that may not be in the current equipment inventory. Second, members must be trained on how to properly select and wear PPE. This includes respirator face piece testing/ fitting and ongoing training to ensure proficiency is

maintained. Third, maintenance is a consideration. Equipment must survive long periods of storage—fre- quently in a car trunk or vehicle compartment—yet, be tested, calibrated, and maintained in working order. Last, equipment must be replaced if it is damaged or its recommended service life is exceeded.

This text is a focused review and is not a reference source for protective equipment standards, training, or compliance. It is important that emergency responders meet CBRN protection challenges to ensure safety and compliance with national safety standards. This chap- ter is an overview of national standards and exposure control procedures including their intent and compli- ance requirements. Because there is prolific literature on ballistic and blood-borne pathogen protection, these subject areas are not elaborately discussed. Our intent is to explore general categories of threats and summarize the PPE requirements for the threat categories.

New Standards

New standards related to hazardous materials and terror- ism incidents have major implications for the emergency response community. Previously, law enforcement, EMS, and support agencies were considered first re- sponders, which required training only at the aware- ness level in accordance with Occupational Safety and Health Administration (OSHA) workplace safety stan- dards. There was an assumption that law enforcement and EMS units would remain outside the hot zone in a defensive posture and not be engaged in operational activities that directly exposed them to CBRN agents. This assumption is now unrealistic and is replaced with a proactive response philosophy that aligns with proper training, equipment, and incident management.

FIGURE 13-1 Standard firefighting turnout gear offers little or no protec- tion in CBRN environments.

FIGURE 13-2 Traditional firefighting and medical protective ensembles are unsuitable for operations in the CBRN environment.

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The National Fire Protection Association Standard 472 (NFPA 472, 2008 edition), Standard for Competence of Responders to Hazardous Materials/Weapons of Mass Destruction Incidents, is no longer a fire service–only standard; NFPA 472 now applies to all disciplines that respond to hazardous materials or CBRN incidents. It is interesting to note that the NFPA 472 technical committee included representatives from the Federal Bureau of Investigation’s Hazardous Materials Unit, the National Tactical Officers Association, the National Bomb Squad Commanders, and the U.S. Capitol Police. NFPA 473, Standard for Competencies for EMS Personnel Responding to Hazardous Materials/Weapons of Mass Destruction Incidents, applies to medical personnel not directly involved in on-scene operations. NFPA 472 has overarching implications for the emergency response community and support disciplines because it means that individuals responding to a hazardous materials or CBRN incident—including law enforcement, EMS agencies, and special teams—are now classified as operations-level responders. In essence, anyone who responds to a hazardous materials or CBRN incident is now subject to the requirements and competencies in NFPA 472.

NFPA 472 is divided into core and mission-specific competencies for operations-level responders. Core competencies apply to all operations-level responders who are likely to be exposed to a high-threat CBRN environment. Mission-specific requirements are addi- tional competencies applying to all emergency response agencies or disciplines that have a specified mission. These competencies include hazardous materials techni- cians, agent-specific categories such as radiological or biological categories, and container categories that in- clude tank cars, cargo tanks, or intermodal containers. There are also operations management competencies for hazardous materials branch officers, hazardous materials branch safety officers, and incident commanders.

Most law enforcement officers require core compe- tency training. Specialized law enforcement teams such as special weapons and tactics, bomb squads, and foren- sic units are subject to high levels of hazardous exposure and require mission-specific training. Drug lab opera- tions are an example of mission-specific high exposure environments for law enforcement agencies.

It is important that training officers and supervisors from all agencies and disciplines be familiar with NFPA 472 and develop training, operational policies, and in- cident management systems accordingly. This applies to the fire service, law enforcement, and EMS, and includes any agency that may perform operations in a hazardous materials or CBRN environment.

Respiratory Protection

Proper respiratory protection for emergency respond- ers in hostile atmospheres is critical. In an environment with high levels of chemical or nerve agents, respira- tory exposure can cause unconsciousness and death within minutes. In lesser concentrations, hazardous at- mospheres can cause physical and mental impairment with possible long-term effects. An example is the long- term respiratory problems suffered by many rescuers and workers from the 2001 World Trade Center attack. Fire/rescue departments and hazardous materials teams are equipped with self-contained breathing apparatus (SCBA); traditional law enforcement and EMS units do not usually have this level of protection.

CBRN hazardous agents are chemical terrorism agents, biological terrorism agents, and radiological particulate terrorism agents and are defined by the National Institute for Occupational Safety and Health (NIOSH) as:

1. CBRN terrorism agents—Chemicals, biological agents, and radiological particulates that could be released in a terrorist attack, disease outbreak, or technological accident.

2. Chemical terrorism agents—Liquid, solid, gas- eous, and vapor chemical warfare agents and industrial chemicals that could be used to cause death or injury in terrorist attacks.

3. Biological terrorism agents—Biological toxins or pathogens in liquid or particle form used to cause death or injury in a terrorist attack.

4. Radiological particulate terrorism agents—Parti- cles emitting hazardous levels of ionizing radia- tion that are used to cause death or injury in a terrorist attack.

Self-Contained Breathing Apparatus A self-contained breathing apparatus (SCBA) has an internal air supply that provides breathing air in hostile or oxygen-deficient atmospheres (CP FIGURE 13-1). SCBA offers a major advantage because it is the only type of respiratory device that offers protection in CBRN environments where the concentration is at or above the immediate danger to life or health (IDLH) level.

Fire/rescue departments, law enforcement, EMS, and any agency that responds to a CBRN incident are subject to the requirements and competencies of NFPA 472.

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NIOSH sets certification standards for SCBA and re- quires that all devices have a positive pressure face piece. Positive pressure ensures that during face piece leakage, air in the mask will flow into the contaminated atmosphere instead of outside air flowing inward and harming the user.

SCBA devices have several deficiencies. Breathing apparatus use may negatively affect unaccustomed us- ers who are prone to claustrophobia. Air supplies are finite and require frequent air cylinder changes during prolonged operations. In high-stress and heavy-exertion situations, it is not unusual for a 30-minute cylinder to last only 15 minutes. SCBA users must have a fitted face mask and meet yearly competency standards. SCBA devices may cost several thousand dollars and require frequent testing, maintenance, and calibration. For these reasons, few agencies and disciplines outside of the fire service use SCBA devices for respirator protection.

Powered Air-Purifying Respirators Respirators rely on filters to protect users from particulate exposure. Filter cartridges that meet the protection stan- dards for particulates that the user is exposed to must be used. These devices are not suitable in oxygen-deficient atmospheres or cases involving hazardous vapors. It is critical that the type and concentration of hazardous agent(s) are known before powered air-purifying res- pirators (PAPR) are used. The PAPR filters must also be certified and appropriate for the specific agent to which the user is exposed.

PAPR devices use a battery-powered unit to pump air into the face mask. This unit creates a positive pres- sure in the mask that offers leakage protection and makes breathing less labored than a nonpowered device. The pressurized air also has a cooling effect within the face piece. PAPRs are less expensive than SCBAs and offer greater mobility because of small size and light weight. Filters do not have to be changed as frequently as SCBA air cylinders. PAPR batteries and pressure units must be maintained and periodically tested.

Air-Purifying Respirators An air-purifying respirator (APR) is a face mask with protective filtering canisters (FIGURE 13-3). The canisters must be certified to meet the requirements for known agents and concentrations and are not suitable in oxy- gen-deficient atmospheres. Air from the outside atmo- sphere is drawn through the filtering canisters and into the face piece when the user inhales; APRs are not pres- surized like PAPRs are. The advantage of APR devices is they are lightweight, inexpensive, and simple to operate. The primary disadvantage, compared to PAPRs, is that outside air enters a leaking face piece during inhalation.

Because the face piece is not pressurized, inhalation is more labored compared to that of someone wearing a PAPR or SCBA.

It is critical that the agent and concentration are known, and one must know the environment is not oxygen deficient before utilizing an APR for respiratory protection. The APR filters must also be certified for the specific agent to which the user is exposed.

Protective Ensembles

An ensemble is defined in NFPA Standards 1991 (NFPA, 2005) and 1994 (NFPA, 2007) as an interrelated system including garments, gloves, and footwear, with respira- tory protection, that is certified as a protective system. Ensembles are categorized as class 1, 2, 3, and 4. A class 1 ensemble offers the highest level of protection; a class 4 ensemble provides the lowest level of protec- tion. Class 2, 3, and 4 ensembles are disposable after a single use.

NFPA 1991 and 1994 ensembles are not suitable for firefighting. The ensembles do not provide protection from open flames, flash fires, radiated heat, molten met- als, electric shock or arcs, hot liquids, or steam.

Previously, protection levels were defined by the OHSA Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) as levels A, B, C, and D. Level A was a fully encapsulated system that provided the highest level of protection and was utilized when hazards and/or concentrations were unknown. Level B incorporated the highest level of respiratory protec- tion with a reduced level of skin protection. Level C was used when agents and concentrations were known

FIGURE 13-3 Air-purifying respirators offer some degree of protection against airborne chemical hazards.

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and APRs were appropriate. Level D was essentially traditional clothing or work uniforms with an optional escape mask.

HAZWOPER levels of protection were essentially descriptions of the desired ensemble without formal scientific performance standards. For example, Level A was described as being fully encapsulating for va- por protection, without specifications and standards for permeation resistance for materials, seams, zippers, or fittings. Training programs, procedural manuals, or agency policies that refer to A through D protection lev- els are outdated and should be revised to reflect proper terminology—namely Class 1–4 ensembles. Many en- tities have not adopted the Class 1–4 terminology and continue to use Level A–D terminology.

Class 1 Ensembles Class 1 ensembles (similar to Level A) are encapsulating suits with SCBA that provide vapor, liquid, and per- meability protection (CP FIGURE 13-2). The protective suit covers the breathing apparatus and includes protective boots and gloves. Outer boots and gloves are required for additional protection.

All seams and closures must provide protection from vapors and liquids. The intent is an ensemble that has gas-tight integrity (FIGURE 13-4). NFPA 1991 also provides provisions for CBRN protection that are addressed spe- cifically in NFPA 1994.

Class 1 ensembles are used by specially trained and certified hazardous materials technicians on government or private-sector hazardous materials teams. Safe entry procedures require that members in Class 1 ensembles operate in teams, with a backup or safety team imme- diately available and partially suited to provide rescue if needed. Teams utilizing Class 1 ensembles must also have dedicated communications, a team leader, safety officer, and a decontamination team, along with an in- cident commander and operational procedures beyond the scope of this text. Reduced mobility, heat stress, low dexterity, and the limited duration time of SCBA are factors that severely inhibit the capabilities of teams using Class 1 ensembles.

Class 1 Ensemble Example

Consider a scenario in an underground rail station where masses of people are overcome by an unknown gaseous chemical agent. There appears to be a high concentra- tion. Because the type of agent and concentration are unknown, a hazardous materials team enters the affected area with monitors to determine the type, concentration, and origin of the agent. Class 1 ensembles are used be- cause the agent is unknown and the highest level of vapor protection is required. In this case, the Class 1 ensemble provides complete skin protection from gaseous and/or liquid contact and SCBA respiratory protection.

Class 2 Ensembles Class 2–4 ensembles are governed by NFPA 1994 and are disposable after a single use or exposure. A class 2 ensemble (similar to Level B) is suitable when the agent is known and liquid or particulate hazards are at a concentration at or above the IDLH (CP FIGURE 13-3). This ensemble is intended for IDLH environments where skin exposure does not result in severe health risks. NIOSH CBRN-compliant SCBA is required with the Class 2 ensemble when an agent is at or above the IDLH concentration—the SCBA is worn outside the ensemble. The ensemble is tested for resistance to mustard gas, soman nerve agents, and liquid or gaseous common industrial chemicals.

Class 2 Ensemble Example

After responding to a minor fire in a garage, fire fight- ers discover that the facility is a methamphetamine lab. Identified chemicals include acetone and benzene;

FIGURE 13-4 Level A suits are required to be periodically pressure tested with suit-testing kits.

A Class 1 ensemble is required when the specific agent and concentration are unknown.

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188 Homeland Security: Principles and Practice of Terrorism Response

monitors indicate concentrations near IDLH levels. Because there is a need for respiratory and liquid ex- posure protection, cleanup teams and evidence col- lection officers enter the area in Class 2 ensembles with SCBA. The ensembles are properly discarded after use.

Class 3 Ensembles Class 3 ensembles (similar to Level C) are suitable for use in incidents with low levels of vapor, liquid, chemi- cal, or particulate hazards with concentrations below the IDLH threshold (CP FIGURE 13-4). Respiratory protection can be PAPRs or APRs that are NIOSH CBRN compliant. The Class 3 ensemble includes a garment with attached or separate gloves and footwear or booties with outer boots. All components must be certified as a complete system similar to Class 2.

Class 3 ensembles are used after an initial release or at locations distant from the initial release where there is a low threat of liquid or vapor contact. Examples of class 3 missions include treatment and transport of exposed patients or law enforcement scene control or off-site search operations.

Class 3 Ensemble Example

In the Class 2 ensemble example, entry teams must be decontaminated after leaving the hot zone work area. Decontamination teams at the decontamination corri- dor (warm zone) are working in an environment that involves low levels of vapor and liquids—concentrations of acetone and benzene are below the IDLH threshold. For these reasons, a Class 3 ensemble with an APR or PAPR respirator that is NIOSH CBRN certified with ap- propriate filters is an acceptable level of protection for the decontamination teams.

Class 4 Ensembles Class 4 ensembles (similar to level D) are used when biological or radiological particulate hazards are be- low IDLH levels; APR or PAPR respiratory protection is permitted (CP FIGURE 13-5). Class 4 ensembles do not provide protection against chemical vapors or liquids and are designed for particulate protection only. These ensembles are also tested for resistance to blood-borne pathogens using a bacteriophage viral penetration test. The advantage of a Class 4 ensemble is the protective garment system is lightweight and places less physical stress on the wearer than the higher levels of protection. Operations teams can work for longer periods with a higher level of comfort and lower level of heat stress when they wear Class 4 ensembles.

Class 4 Ensemble Example

A high-profile political campaign office receives a pack- age of suspicious powder that is dispersed throughout the office area when the package is opened. Emergency responders on the scene determine there is a high prob- ability the material is anthrax. Forensic teams must enter the area to collect evidence. Because there is no vapor or liquid hazard, teams are able to operate safely using Class 4 ensembles with PAPRs for respiratory protection.

TABLE 13-1 provides an overview of PPE ensemble classifications.

Employee Exposure Control Plan

Emergency response agencies and support entities should have a formal employee exposure control plan (ECP). The primary intent of an ECP is to ensure that employees and team members end their duty shift safe and uninjured.

TABLE 13-1 PPE Ensemble Classifications

Level Specific use for which this level of PPE is designed

Example of situation requiring this level of PPE Limitations

Class 1 ensemble Unknown gaseous chemical agent

Underground rail station filled with unknown gaseous agent

Mobility limitations; high heat stress

Class 2 ensemble Known liquid or particulate hazard with a concentration at or above the IDLH level.

Methamphetamine lab with known chemicals

Does not protect against gaseous chemical agents

Class 3 ensemble Low levels of vapor, liquid, chemical, or particulate hazards with concentrations below the IDLH threshold.

Decontamination Does not protect against high levels of vapor, liquid, chemical, or particulate hazards

Class 4 ensemble Biological or radiological particulate hazards are below IDLH levels, APR or PAPR respiratory protection is permitted.

Anthrax or suspicious powder investigation

Does not protect against liquid or vapor hazards; not suitable in oxygen- deficient areas

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The Centers for Disease Control and Prevention and NIOSH have developed a model for a blood-borne pathogens exposure control plan called Protect Your Employees with an Exposure Control Plan. This model is easily expandable to a comprehensive exposure control plan that includes PPE guidelines and procedures for CBRN threats and hazards.

Formal Plan An ECP should be a stand-alone document that is writ- ten and formal; exposure control procedures should not be dispersed throughout a myriad of policy, operations procedures, and training documents. The plan must be comprehensive, yet brief and written in an understand- able language; compliance with national standards is essential. The ECP should be updated annually through a process that includes appropriate stakeholders. Stakeholders may include unions or employee groups, human resource specialists, safety and protection spe- cialists, legal advisors, training officers, and managers. The ECP should be approved by the chief executive of the agency or jurisdiction.

ECP Accessibility

The ECP must be visible and accessible to all members within an agency or organization. A plan that gets lost on a bookshelf is a paper plan that seldom transcends into the real world of tactical operations. It is important that members are aware of the ECP and that it is visible at every workplace.

ECP Oversight

Although the ECP is a team effort with many stakehold- ers, a single manager should be ultimately responsible for the development, implementation, and ongoing re- vision of the ECP. This management structure ensures responsibility and accountability in the ECP effort.

Employee Exposure Determination

The ECP should include a list of agency or organizational job titles and tasks where it is anticipated that mem- bers may be exposed to blood-borne pathogens, ballistic threats, hazardous environments, or CBRN exposure.

Exposure Controls

The ECP should include specific practices and controls that reduce or eliminate exposure to hazardous threats

or environments. Controls are a broad area and include practices such as vaccinations, environmental assess- ment and monitoring, establishment of hazard zones, scene entry procedures, protective devices, tactical op- erations, and decontamination. Individuals responsible for exposure controls should have defined roles and be identified.

PPE Selection

The ECP should specify what types and/or levels of PPE are required for each type of hazard, threat, or CBRN environment. The type or level of PPE can be as simple as medical gloves and eye protection or as complex as class 1 ensembles worn by a hazardous materials team.

Postexposure Evaluation and Follow-up

The ECP should include procedures for medical evalu- ation immediately after an exposure to any form of haz- ardous environment. Formal medical records should be maintained with follow-up medical care and evaluation if appropriate.

Chapter Summary

The modern CBRN environment is dangerous and pres- ents new protective equipment challenges for law en- forcement officers. NFPA Standard 472, originally a fire service standard, now applies to law enforcement, EMS, and any agency that has operational capabilities during a hazardous materials or terrorist incident. The 2008 edition of NFPA 472 redefines law enforcement, EMS, and other agencies that respond to a CBRN incident as operations-level responders and specifies core and mission-specific competencies.

Respiratory protection is a major concern for all operations-level agencies and responders. The highest level of respiratory protection is SCBA, followed by PAPR and APR. All respiratory devices must be NIOSH CBRN certified.

An ensemble is a garment, glove, and footwear sys- tem certified in accordance with NFPA Standards 1991 and 1994. Class 1 ensembles are used by hazardous materials teams. Class 2, 3, and 4 ensembles are the most likely protection systems used by law enforcement, EMS agencies, and cleanup teams.

It is important that all members who are likely to re- spond to a CBRN incident or hazardous materials event be trained to the core and mission-specific competencies as specified by NFPA 472 to ensure compliance, safety, and operational proficiency. It is equally important that

Emergency response and support agencies should have a formal and comprehensive ECP to ensure em- ployee safety from blood-borne pathogen and CBRN exposures.

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emergency response agencies are equipped with certified NIOSH CBRN certified respiratory devices and NFPA 472 compliant protective ensembles.

CBRN response agencies should have an ECP. The ECP is a formal and written plan developed by stake- holders that serves as a guide for managing exposures to high-threat environments. The ECP should be vis- ible and accessible to all members and assigned to a manager to ensure accountability and responsibility. The core of the ECP is guidelines that prescribe the respiratory protection and ensembles required for CBRN threats and exposures. After an incident, all members should be required by the ECP to be medi-

cally evaluated with periodic medical follow-up when warranted.

Agencies should use the Interagency Board Selected Equipment List (SEL) as a guide for determining what respiratory and ensemble systems meet NIOSH, OHSA, NFPA, and other personal protection certification stan- dards. The SEL defines CBRN and ballistic threats and aligns them with a table of federal and consensus-based standards that respirators and ensembles must comply with to provide adequate CBRN and hazardous materi- als protection. The SEL is electronically available on the Department of Homeland Security responder knowledge base at www.rkb.us.

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Wrap Up Chapter Questions

1. Compare SCBA with respirators. What are the advantages and disadvantages of SCBA, PAPR, and APR?

2. What are the major elements of NFPA 472, and how do they apply to emergency response agen- cies?

3. Name at least three mission-specific competencies addressed in NFPA 472.

4. Describe a Class 1 ensemble. What threats or en- vironments require a Class 1 ensemble?

5. Briefly define Class 2, 3, and 4 ensembles. What are the advantages and disadvantages of each class?

6. Define an exposure control plan and outline the critical elements that should be included in an effective plan.

Chapter Project

You have just been hired as a consultant to develop a CBRN PPE program for a third service EMS agency with 175 members. The agency director’s objective is compliance with NFPA 472 within 1 year. What type of respirators and ensembles will be most effective and why? What levels of core and mission-specific training will be required?

Vital Vocabulary

Air purifying respirator (APR) A face mask with pro- tective filtering canisters certified to meet the require- ments for known agents and concentrations. Air from the outside atmosphere is drawn through the filtering canis- ters and into the face piece when the user inhales. APRs are not suitable in oxygen-deficient atmospheres.

Class 1 ensemble Encapsulating suit with SCBA that provides vapor, liquid, and permeability protection. The protective suit covers the breathing apparatus and

includes protective boots and gloves. Outer boots and gloves are required for additional protection. All seams and closures must provide protection from vapors and liquids.

Class 2 ensemble A protective ensemble with SCBA that is worn outside the protective garment and utilized when the agent is known and liquid or particulate haz- ards are at a concentration at or above the immediate danger to life and health.

Class 3 ensemble A garment with attached or separate gloves and footwear or booties with outer boots utilized in incidents with low levels of vapor, liquid, chemical, or particulate hazards with concentrations below the IDLH threshold. Respiratory protection can be PAPRs or APRs.

Class 4 ensemble Lightweight garment certified for protection against blood-borne pathogens and utilized when biological or radiological particulate hazards are below IDLH levels; APR or PAPR respiratory protection is permitted. Class 4 ensembles do not provide protec- tion against chemical vapors or liquids and are designed for particulate protection only.

Immediate danger to life or health (IDLH) The maxi- mum hazardous substance concentration allowable for escape without a respirator within 30 minutes and with- out impairment or irreversible health effects.

Powered air-purifying respirator (PAPR) A face mask with protective filtering canisters certified to meet the requirements for known agents and concentrations that uses a battery-powered unit to pump air into the face mask, creating a positive pressure that offers leakage protection and makes breathing less labored than a nonpowered device. PAPRs are not suitable in oxygen- deficient atmospheres.

Self-contained breathing apparatus (SCBA) A respi- ratory device with an internal air supply that provides breathing air in hostile or oxygen-deficient atmospheres. Certification standards require that devices have a positive-pressure face piece to ensure that during face piece leakage, air in the mask flows into the contami- nated atmosphere instead of outside air flowing inward and harming the user.

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Crime Scene Operations Neal J. Dolan Paul M. Maniscalco

• Define a crime scene.

• Recognize the value and importance of physical evidence.

• Understand the evidence theory of exchange.

• Recognize the evidence classification of objects, body material, and impressions.

• List key crime scene observations that initial responders should make.

• Understand the key steps for emergency responders in preservation of evidence.

• Understand the concept of chain of custody.

Objectives

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“Wherever he steps, whatever he touches, whatever he leaves, even unconsciously, will serve as silent evidence against him. Not only his fingerprints or his footprints, but his hair, the fibers of his clothing, the glass he breaks, the tool-marks he leaves, the paint he scratches, the blood or semen that he deposits or collects—all these and more bear united witness against him. This is evidence that does not forget. It is not confused by the excitement of the moment. It is not absent because human witnesses are. It is factual evidence. Physical evidence cannot be wrong; it cannot be wholly absent. Only its interpretation can err. Only human failure to find it, study and understand it, can diminish its value.” (Kirk, 1974)

Introduction

The significance of physical evidence at a crime scene cannot be overestimated. Proper training and technique are necessary to maintain the integrity and value of evi- dence. Every day, emergency personnel respond to inci- dents to render aid, many times as the result of a criminal act. These responders shoulder a formidable burden to accomplish their mission and cause no further harm to the people or the incident scene. Crime scenes are ex- citing, chaotic, and dangerous places. They are replete with hidden clues that hold the answer to the question, “Who committed this crime?”

Emergency responders often carry out their duties in conflict with important crime scene procedures. It is important that emergency responders focus on the preservation of life and recognize that the preserva- tion of evidence is secondary to life-sustaining efforts. Yet, evidence should be preserved whenever possible. Responders may not be aware that a shooting vic- tim’s clothing that medics are removing may contain valuable evidence to solve the crime (FIGURE 14-1). As another example, at an explosion scene, fire fighters may be employing legitimate firefighting techniques that destroy evidence that identifies who committed the offense. It is possible to carry out an emergency response mission without creating more problems for the crime scene. This act of evidence preservation is ac- complished through training and awareness of potential crime scenes and through efforts to minimize damage to the area and its contents.

The Crime Scene—Physical Evidence A crime scene is any specified area in which a crime may have been committed. It is anywhere the criminal was during the commission of the crime and the egress from the scene. The exact dimensions of the scene will be determined by the nature and type of crime (FIGURE 14-2).

For example, a shooting crime scene could be as large as the room or building where the victim was discovered. A terrorist incident could be several blocks or even miles in diameter. At the Murrah Federal Building incident in Oklahoma City, a 20-block perimeter was established and a critical piece of evidence, the crankshaft from the rented Ryder truck, was found 2 blocks from the explo- sion site. A similar extended perimeter was established for a long period of time in lower Manhattan after both the 1993 and 2001 World Trade Center attacks.

Awareness of what constitutes physical evidence is the key to uncovering the vast amount of information and

FIGURE 14-1 Clothes may contain valuable evidence to solve a crime.

FIGURE 14-2 The exact dimensions of the scene will be determined by the nature and type of the crime.

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physical evidence present at the crime scene. Evidence is something legally submitted to a competent tribunal as a means of ascertaining the truth in an alleged matter under investigation. Physical evidence is one form of evidence. It is defined as anything that was used, left, removed, al- tered, or contaminated during the commission of a crime by either the victim or the suspect (FIGURE 14-3).

The benefits of physical evidence are best summa- rized in the opening paragraph by the issuing judge in the case of Harris v. United States (1947). Physical evidence does not lie, forget, or make mistakes. It has no emotional connection to anyone or anything. It is demonstrable in nature and not dependent on a witness. It is the only way to establish the elements of a crime.

In order to heighten responder awareness, it is necessary to explain how physical evidence evolves at the scene. Forensic scientists propose the theory of ex- change to describe this process. Whenever two objects come in contact with each other, each will be altered or changed in some way. When a rapist comes in contact with a victim, numerous substances will be exchanged. The suspect or the victim could deposit or remove skin

traces, blood, body fluids, carpet fibers, soil, and many other items. Bombing victims may have chemical traces on their clothing or fragments of evidence embedded in their bodies that may prove to be important in the investigation and prosecution of the perpetrators. These evidence sources have been invaluable to law enforce- ment investigators in the past, including high-profile cases such as the bombing of a Pan Am airliner arriving in Honolulu, Hawaii, from Narjita, Japan, in 1982, as often taught by forensics expert Rick Hahn (retired from the Federal Bureau of Investigation). Changes in the objects may be microscopic and require detailed exami- nation to establish the variations. However, responders should be cognizant that exchanges will take place and are not always noticeable to the naked eye (FIGURE 14-4).

FIGURE 14-3 Physical evidence can range from something that has been used (A) to something that was left behind (B) by either the victim or the suspect. FIGURE 14-4 Evidence may not always be visible to the naked eye.

Emergency responders have a major role in assisting law enforcement agencies with identifying and preserv- ing physical evidence.

(B)

(A)

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A pristine crime scene is altered whenever one or more people enter the area, and responders must understand that they always bring contamination to a crime scene.

Physical evidence can be almost anything. TABLE 14-1 gives some examples of items that could be encountered by responders working at a potential or actual terrorism/ crime scene.

Being aware of potential hazards at a scene is not new to EMS, fire fighters, emergency managers, or hazardous materials responders. Scene safety, sizing up the scene, or just taking a minute to examine the environment of a scene can minimize the impact of costly mistakes of overzealous responders.

Actions of First Arriving Units Literature in the EMS, emergency management, and fire/ rescue fields stresses initial scene evaluation. However, few texts elaborate on the importance of viewing an event as a crime scene and analyzing the hot zone accordingly. First arriving units are usually overwhelmed because the scene is chaotic and dynamic. Observations at this early stage are very important to law enforcement investigators.

Several key observations are important for initial re- sponders. There is no time to write anything; responders should just remember key crime or evidence observa-

tions and report them to the incident manager or the law enforcement branch as soon as possible. Important observations include:

• Chemicals on the scene that would not nor- mally be present

• Damage, debris fields, and fragmentation that indicate an explosion

• Suspicious people (people hiding or running) • Statements issued by bystanders • Unusual odors at the scene • Evidence of gunfire (shell casings, bullet holes,

or gunshot wounds) • Weapons in the area • Suspicious casualties (patients may be terrorists) • Multiple fires that appear to be from separate

sources • Suspicious devices

TABLE 14-1 Possible Items of Evidence at a Crime Scene

Objects Body material Impressions

Weapons Blood Fingerprints

Tools Semen Tire traces

Firearms Hair Footprints

Displaced furniture Tissue Palm prints

Notes, letter, papers Sputum Tool marks

Matchbooks Urine Bullet holes

Bullets Feces Newly damaged areas

Shell casings Vomit Dents and breaks

Cigarette or cigar butts

Clothes

Shoes

Jewelry

Bomb fragments

Chemical containers

Mechanical delivery systems

An initial scene evaluation should include a basic crime scene evaluation.

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Evidence Preservation by Emergency Responders What do we do with physical evidence when we find it? There are several answers. Observations should be written down on a notepad or in an electronic device as soon as it is practical to do so (FIGURE 14-5). Admittedly, this step may take place hours later. Observations of weapons, suspects, or devices must be communicated to the incident commander or law enforcement branch immediately. Other observations should be conveyed when emergency response tasks are completed (put out the fire and treat the patients first).

There are several important rules in preserving physical evidence, including the following:

• Unless critical to life safety, do not touch or move evidence. Law enforcement knows how to photograph, document, package, and re- move evidence.

• If evidence must be moved for tactical reasons, note the original location and report it to law enforcement investigators. If possible, place a mark on the ground near the original location of the evidence.

• If possible, photograph evidence removal dur- ing tactical operations. Forensic photographers will photograph normal evidence removal dur- ing an investigation.

• Avoid evidence contamination caused by walk- ing through the scene. Stretch a rope or scene tape into the crime scene area and instruct per- sonnel to walk along the established path.

• Minimize the number of personnel working in the area.

• Check the soles of boots or shoes when person- nel exit the crime scene because fragments or fibers may be embedded (FIGURE 14-6).

• Check the tires of response vehicles for embed- ded objects in the tire treads.

• Consider clothing or personal effects removed from victims as evidence. Ensure that law en- forcement personnel practice biohazard safety procedures when examining red-bagged evi- dence or clothing.

Emergency responders can also become victims (FIGURE 14-7). A classic case was the sarin gas attack in the Tokyo subway system. This incident was considered to be a normal call until emergency physicians realized they were dealing with a nerve agent as the cause of the sickness. The importance of preparation procedures and the use of protective equipment is paramount. Every day, police, fire fighters, and EMS personnel encounter dangerous situations during the normal course of per- forming their services. However, the potential for lethal hazards and long-term effects that result from terrorist incidents is much greater (Burke, 2000).

Another unique hazard of terrorist incidents is the probability of a secondary device targeting the responders

FIGURE 14-5 Although it may take place hours after emergency respond- ers first arrive to a crime scene, observations should be written down on a notepad or in an electronic device as soon as it is practical to do so.

FIGURE 14-6 Check the soles of boots or shoes when personnel exit the crime scene because fragments or fibers may be embedded.

FIGURE 14-7 Emergency responders can also become victims.

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to the incident. Remember that the goal of the terrorist is to create chaos and fear, and what better way to accom- plish this than to turn the responders into victims? Past bombing incidents offer examples of this scenario, such as the events in Atlanta, Georgia, and Birmingham, Alabama. In both cases, secondary devices were detonated.

Emergency responders must be alert, aware, and suspicious of their surroundings when responding to incidents that have the potential to be terroristic in nature. Terrorists have used different types of tactics, techniques, and procedures in carrying out attacks. Responders must keep up to date on the current terrorist tactics to maintain situational awareness and ultimately responder safety when responding to suspected terror- ist incidents.

Crime Scene Analysis The thorough analysis of a crime scene consists of the identification, preservation, and collection of physical evidence as well as the recording of testimonial evi- dence. Without adherence to this basic assertion dur- ing the initial stages of a crime scene investigation, the potential to disrupt the integrity of the evidence is great. Hawthorne states that this could result in the evidence being challenged by the defense in a court of law, which, in turn, could lead to dismissal of the charges or the finding of a lesser offense against the criminal defendant (Hawthorne, 1999). More often than not, the proper collection of physical evidence from a crime scene is the definitive portion in the resolution of a criminal of- fense. Admissible physical evidence has the potential to (1) establish that a crime has occurred; (2) place a suspect in contact with the victim and/or the scene; (3) establish the identity of those associated with the crime; (4) exonerate the innocent; (5) corroborate the victim’s testimony; and (6) cause a suspect to make admissions or to confess (Fisher, 2000).

Responders should approach the crime scene as if the first entrance to the scene will be the only oppor- tunity to gather the physical evidence that is present (Department of Justice, 2000). Those collecting the evidence should initially direct their attention toward observing and recording the information present at the crime scene, rather than taking action to solve the crime immediately (Hawthorne, 1999). They should also give careful consideration to other case information or state- ments from witnesses or suspects.

This chapter was prepared with the intention of providing the reader with rudimentary principles of crime scene investigation, from the initial approach of the crime scene to final disposition of physical evidence found at the crime scene. Although the methods initially

used to approach a crime scene are virtually universal in terms of application of use, it should be noted that at some point the investigation takes on unique charac- teristics that may be atypical or unorthodox in nature. Therefore, it is impossible to propose a single, step-by- step procedure that ultimately resolves every type of crime scene (Department of Justice, 2000).

However, regardless of the unique nature of a crime scene, thorough crime scene analysis, effective interviews and interrogations, and common sense make it less likely that evidence is overlooked or improperly collected or preserved or that mistakes are made (Adcock, 1989).

A review of the literature reveals that a common set of generalized categories for crime scene procedures exists. These procedures are:

1. Protect the crime scene 2. Identify evidence 3. Document evidence 4. Collect evidence 5. Mark evidence 6. Package evidence 7. Transport evidence

Law Enforcement Responsibilities Upon initial arrival at the scene of a crime, the first re- sponders have a great responsibility. It is their task to set the foundation for what Hawthorne termed the process of analyzing a crime scene. The basic elements of the process are: (1) approach and mitigate any hazards as well as provide for safety of victims and responders, (2) render medical aid, (3) identify additional victims or witnesses, (4) secure the crime scene and physical evidence, and (5) make appropriate notifications. While adhering to these principles, the first law enforcement responders provide subsequent investigators and technicians with a sound foundation for conducting a comprehensive analysis of the crime scene.

When approaching a crime scene, the first law en- forcement responder must maintain professional com- posure regardless of the often overwhelming factors associated with the task to be completed (Hawthorne, 1999). Officers must be vigilant and able to recognize anything, whether it be animate or inanimate, that has a connection to the crime committed. Furthermore, of- ficers should note the relationship of items to other items at the crime scene in terms of the distances and the angles that separate them. First arriving law enforcement responders must be objective in their initial approach to a crime scene and resist the temptation to form conclu- sions about what occurred.

Upon arrival at a crime scene, the paramount con- cern should be the preservation of human life and/or

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the prevention of additional injuries. Life preservation always trumps evidence preservation. The first law en- forcement responders must provide adequate first aid and/or request professional medical assistance if medi- cal professionals are not on the scene. According to Hawthorne, if law enforcement responders are provid- ing medical assistance and the crime scene or physical evidence becomes contaminated, altered, or lost, that is a price that must be paid. The preservation of life out- weighs the preservation of evidence at a crime scene.

After satisfying the immediate medical issues, the search for additional victims or witnesses should com- mence. The reasons for an aggressive search include: (1) additional victims may need medical assistance re- quiring additional medical personnel; (2) victims may provide needed information that aids law enforcement responders in determining the extent of the crime, the crime scene, and any physical evidence; and (3) victims corroborate what happened and provide needed infor- mation to establish the elements of the crime, suspect descriptions, vehicle descriptions, and avenue of escape. If there is more than one witness, law enforcement re- sponders should make arrangements to separate wit- nesses to prevent collaboration. There is the possibility that the witnesses collaborated before the law enforce- ment responders’ arrival. Law enforcement responders should take all possible steps to ascertain if collaboration occurred. After obtaining all the facts from additional victims and/or witnesses, law enforcement respond- ers have the knowledge to enable them to implement the security of the scene and/or any physical evidence (Hawthorne, 1999).

It is the task of the first law enforcement responder to coordinate with emergency responders in properly identifying and securing the crime scene and its con- tents. The first law enforcement responder must con- tinually question the scope of the crime scene and not limit the scope of his or her investigation. All possibilities must be considered regardless of their degree of improb- ability. Once the crime scene is established, an account of personnel coming into and leaving the scene must be maintained through the use of a crime scene log. The crime scene log lessens the possibility of unauthorized personnel entering and contaminating the crime scene (Hawthorne, 1999). This log must be coordinated with the EMS/fire personnel accountability system.

The final step in Hawthorne’s process is making notification. Notification entails notifying supervisors as well as investigators or detectives who are handling the case and those people who are ultimately responsible for documenting the scene and collecting the evidence.

The first law enforcement responders must be pre- pared to make split-second decisions on arrival at a crime scene. These decisions can have a lasting impact on victims, witnesses, the accusatory process, and even the community in which the crime occurred. For these reasons and others, the first law enforcement responders must be well trained in the significance of crime scene preservation, enabling the crime scene to be analyzed with as little disruption as possible. When this task is done properly, a successful investigation and conclu- sion of the case can be achieved (Hawthorne, 1999). The advanced technology and expertise at the disposal of law enforcement may potentially be rendered useless if proper crime scene preservation is not maintained in accordance with professional standards.

Processing of Crime Scene/Physical Evidence To achieve the maximum benefit from physical evidence, investigators must not only be skilled in evidence iden- tification, preservation, and collection, but they must know how to handle and care for the evidence beyond the time of collection. These actions preserve evidence for the development of leads, laboratory examination, and/or presentation in court. Effective handling and care involves documenting and storing the evidence to retain the integrity of the item in its original condition (as nearly as possible), maintaining a chain of custody for the item to ensure responsibility, and ensuring its evidentiary value and its disposition when it is no longer of evidentiary value (Schultz, 1977).

The proper processing of a crime scene begins with properly documenting the evidence found within its boundaries. The investigator who first receives, recovers, or discovers physical evidence must be able to identify such evidence positively, at a later date, as being the spe- cific article or item obtained in connection with a specific investigation (Fox & Cunningham, 1973). This is best accomplished by utilizing various proven techniques of recording the nature of the scene and its contents when they are obtained or collected (Schultz, 1977). This pro- cess entails providing pertinent data about the evidence as it relates to a particular crime scene investigation.

Chain of Custody

In order for physical evidence collected from a crime scene to be considered admissible in a court of law, a valid chain of custody must be established (Hawthorne, 1999). The chain of custody, which ensures continuous

The paramount concern at a crime scene is the pres- ervation of life and injury prevention.

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accountability, comprising all people who had custody of the evidence since its acquisition by a law enforce- ment agency. It begins when the item is collected and is maintained until its disposition. People in the chain of custody are responsible for the safekeeping and pres- ervation of an item of evidence while it is under their control. Because of the sensitive nature of evidence, an evidence custodian often assumes responsibility for the item when it is not in use by the investigating officer or other competent authority involved in the investigation (Schultz, 1977).

Once the evidence from a crime scene is properly identified, collected, and stored, it must be processed by a multitude of professionals who analyze the evidence until its evidentiary value is no longer of use. At this point the evidence may be considered for disposal. To determine when an item of evidence should be disposed of, the evidence custodian consults with the investigator who originally produced it, and any other investigator who has an official interest, to ensure the item is no longer needed as evidence (Schultz, 1977).

Chapter Summary

Law enforcement history shows that when mistakes are made, they predominantly occur during the initial stages of an investigation or at the crime scene (Adcock, 1989). Many cases are lost or unresolved because the crime scene was not processed properly.

Further, there are numerous incidents where po- lice officers were careless and valuable evidence was not identified, not collected, or lost, resulting in a poor follow-up by the investigating officers. Worse, in some situations, this carelessness lost the only evidence that proves or disproves that a crime was committed and identifies the perpetrator.

The critical nature of evidence cannot be ignored (Hawthorne, 1999). The responsibility of ensuring this does not happen belongs to all of those involved, from the first law enforcement responder to the investigators and technicians. Everyone within the system needs to know the importance of the crime scene and how it should be processed (Adcock, 1989).

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Wrap Up Chapter Questions

1. Define a crime scene. 2. Discuss the theory of exchange in the evidence

process. 3. What are the three major classifications of evi-

dence? List several examples in each category. 4. List and discuss at least four crime scene observa-

tions that should be made by emergency respond- ers.

5. List and discuss five key steps for first responder preservation of evidence.

6. Discuss the concept of chain of custody.

Chapter Project

Research law enforcement manuals, books, articles, or training modules for information about evidence pres-

ervation and collection. Examine their standard operat- ing procedures for evidence preservation and recovery. Based on your findings, write a comprehensive on-scene procedure for an emergency response agency relating to crime scene preservation.

Vital Vocabulary

Crime scene Any area in which a crime may have been committed as well as anywhere the criminal was dur- ing the commission of the crime and the egress from the scene.

Evidence Something legally submitted to a competent tribunal as a means of ascertaining the truth in an alleged matter under investigation.

Physical evidence Anything that has been used, left, removed, altered, or contaminated during the commis- sion of a crime by either the victim or the suspect.

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Chapter 13
Chapter 14

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