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The golden hour
- 1. The Golden Hour James Edwards
- 2. Delivering what we promise What is the Golden Hour? It’s not an hour!? It doesn’t have to be an hour but it is the period immediately after an incident where the quality of evidence is least likely to become compromised or lost.
- 3. Delivering what we promise Definitions…….. Not to be confused with the medical golden hour Is it:- The hour after an accident? The hour after your arrival onsite?
- 4. Delivering what we promise Legal Duty? Regulation 5 of the Management of Health and Safety at Work ‘Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures’.
- 5. Delivering what we promise What Compromises Evidence? • Memory • Corroboration with others • Pressure on witnesses • Post-rationalisation • Self protection instinct • Realisation of the consequences • Making the area safe • Interference with physical evidence • Natural degradation
- 6. Delivering what we promise People challenges • Injured people • Multiple witnesses • Fear and mistrust • Legal privilege • Language • “I need to get on”
- 7. Delivering what we promise What can you do prior to arrival? • Call ahead for assistance • secure scene • secure evidence • photos • identify witnesses • separate witnesses • ‘Multiple investigators • Reassure witnesses • Express importance of investigation • Call on senior support
- 8. Delivering what we promise Prioritisation onsite • Establish your authority if necessary • Secure the scene • Identify and record any scene • Initial scene familiarisation • Carry out witness interviews • Investigate the scene • Take photos • Gather physical evidence • Take samples • Recreate build-up to the incident
- 9. Delivering what we promise Witness statements Employees are under an implied duty to give you a statement under Section 7 of the HSWA which requires employees to co-operate with their employer to enable that employer to comply with the requirements of the Act. With employees of other employers or MOPs there may be more difficulties.
- 10. Delivering what we promise Setting up the interview • Read any witness statements • Understand safe system • Plan the questions • Choose a private location (consider Covid) • Reassure witnesses • Factual approach • Learning exercise • Not confidential • Separate the witnesses • Do not prejudge! • Leave your emotions outside!!
- 11. Delivering what we promise How to interview • Are they fit to be interviewed • Open questions at first • Focus in on the issues • Ask questions in different ways • Allow time to think • Avoid interruptions • Never assist the witness • Apart from reading and writing • Don’t express opinions or emotions
- 12. Delivering what we promise Types of questions • General Questions – What happened? • Directed Questions – What did you understand from the utility drawings? • Specific Questions - Did you clip onto the lamp post? • Summary Questions. This is what you’ve told me…………….. • Non-questions. “oh right, yeah” or “tell me more” • Leading Questions – AVOID – “maybe you couldn’t see the entry point behind the hedge”
- 13. Delivering what we promise How to close off the interview • Revisit scene together if necessary • Introduce contrary evidence at the end • Challenge inconsistencies directly at end • Allow statement review • Tell them what will happen next • Do they need emotional support.
- 14. Delivering what we promise What types of evidence? Can be almost anything relevant but may include:- • Video of accident? • Witness evidence (including independent witnesses) • CAT and Genny downloads • Photos of the scene/damage/injuries • Machine types and user instructions • Competence assessment • Drawings used
- 15. Delivering what we promise Environmental • Photos • Samples • Expert advice • Environmental response experts
- 16. Delivering what we promise Dealing with enforcement agents Hopefully they will not arrive early but if they do…… • Ensure witnesses realise caution implications • Accompany witnesses • Contact company experts • Legal privilege • Do not volunteer information • Don’t answer what you don’t know • Avoid lying • Do not obstruct them; its illegal!
- 17. Delivering what we promise Photos • Generally after interviews • Capture before scene changes • Incident location compared to surroundings • Capture the whole scene- long/mid/short range • Capture key evidence images individually • Final assessment of evidence • Plant – make, model, serial number, instructions • Any other relevant area • Damage • Private land?
- 18. Delivering what we promise Service strikes • CAT and Genny data • Digging process evidence • Service drawings • Video of scene with commentary • Photos of street scene • Evidence from repair team • Depths of services/excavation
- 19. Delivering what we promise Injuries • Photo of injury (privacy allowing) • Photo of objects or machinery • Test / assessment of surfaces • Understand relevant procedure • Interviews with witnesses
- 20. Delivering what we promise Leaving the scene • Is it safe to start work again? • Brief next steps • Contact details for further evidence • Repair reference number • Ensure site is safe • Brief to avoid recurrence • Does anyone need to be notified?