Ch 9.docx

Chapter Nine: Disasters Caused by Human Action Chemical spills Meth labs Industrial accidents infrastructure such as rail lines, power grids, and highways. Infrastructure failure Our decaying infrastructure and HLS Major highway accidents Train derailments Case studies/examples Discussion question...

Chapter Nine: Disasters Caused by Human Action Chemical spills Meth labs Industrial accidents infrastructure such as rail lines, power grids, and highways. Infrastructure failure Our decaying infrastructure and HLS Major highway accidents Train derailments Case studies/examples Discussion questions Interview/biography Suggestions for further reading Test bank Vocabulary Industrial accident Act of God Negligence Recklessness Reasonableness/reasonable person standard American Law Institute Model Penal Code The American Society of Civil Engineers (ASCE) Triage Debris field Volatile Fireman’s rule Assumption of risk Emergency vehicle Caravanning Levee high-hazard-potential deficient high-hazard-potential Good Samaritan Standard Operating Procedure (SOP) Introduction When the term ‘homeland security’ is heard, it is probable that most of us think of terrorism and conjure up mental images of terror attacks we have seen on TV or other media. Chemical spills, radiological accidents, and what were once called ‘industrial accidents’ are probably not what most of us think of. However, such events can and often do result in mass casualties and catastrophic destruction of property, they fall under the responsibilities of agencies of homeland security. This chapter will discuss the legal concepts of negligence and recklessness as they relate to mass causality events. This will be followed by brief descriptions of common specific types of events caused by human action. The chapter will conclude with an outline of the role of first responders in human caused disasters. Acts of humans versus acts of God Obviously, natural events can and do spread massive harm with no assistance from human beings. Destructive events occurring through natural processes are simply that; acts of nature, although human actions may interact to make the effects of such events more or less destructive. Catastrophic events occurring through natural processes are often times referred to as ‘acts of God’. Act of God is a legal term used primarily by the insurance industry; it is not a theological term. An act of God is, “…an accident or other natural event caused without human intervention that could not have been prevented by reasonable foresight or care (www.thehartford.com/aarp/homeowners). This would include hurricanes, tornados, and fires caused by lightning strikes, among numerous other possible natural events. One might check their vehicle or other insurance to see if acts of God are covered by their policies. Debatably, there are no accidents. Acts of God are the result of often complex cause and effect relationships, say a very dry summer followed by a series of storms producing little rain but a lot of lightening. Complex processes resulting in dry grass and lightening produce wildfires which may burn thousands of acres destroying homes, crops, and killing people. Mass causality and destructive events caused by human action are, quite often also the result of complex cause and effect relationships the end result of which is related to a lack of care and caution on the part of a person or persons; that is, someone acted recklessly or negligently. In short, someone is at fault. For example, improper storage of ammonium nitrate as caused the Texas City, Texas explosion. The explosion was caused by a chain of human actions lacking in the needed care and caution for proper handling of such materials. Or going back to our hot dry summer example, we have the camper who fails to supervise a campfire or a suburbanite shooting 4th of July fireworks in violation of a burn ban. The Chernobyl nuclear disaster was caused by poor industrial design aggravated by a poorly trained staff and a workplace culture of disregard towards danger. Generally, in criminal law, a prosecutor must prove a person acted with intent to commit a specific act in order to obtain the conviction of an accused person in court. In cases of recklessness or negligence intent to cause harm, much less massive harm, need not be present and need not be proven by a prosecutor. In some cases, the actor need only to have intended the act itself and not the destructive result of the act to be held criminally negligent or reckless for the act. For example, in many states the law regarding arson requires mere intent to start a fire; one need not have intended to burn the neighbor’s house. Therefore, when discussing disasters caused by human action, absent specific criminal intent such as intent to murder, we are likely dealing with the results of recklessness or negligence, in some degree. The Model Penal Code defines negligence, thus: A person acts negligently with respect-to a material element of an offense when he should- be aware of a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that the actor's failure to perceive it, considering the nature and purpose of his conduct and the circumstances known-to-him, involves a gross deviation from the-standard of care that a-reasonable person would observe-in the actor's situation. (American Law Institute Model Penal Code §2.02) In short, any ‘reasonable’ person would have known better than to have acted in such a manner; but apparently the person who committed the act did not ‘know better’. Rather, they acted in ignorance of the possible harmful consequences of their act and that ignorance is inexcusable legally because no reasonable person is that ignorant and anyone, including the actor should have known better. One may be negligent both through direct action or failure to act, as in failing to stop a chain of events that a reasonable person would have seen as stoppable and if not stopped leading to serious negative consequences. For example knocking over a barbecue and merely watching the fire spread to neighboring property. Recklessness is defined by the American Law Institute’s Model Penal Code §2.02 as: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation. More simply, the actor and every other reasonable person knew better; but the actor went ahead anyway. As discussed in Chapter 2, the ALI Model Penal Code was adopted in some form by numerous states during the legal reform movement of 1970s-1980s. For example, the Texas Penal Code defines these concepts similarly as: A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint. (§6.03 Texas Penal Code) In terms of homeland security, this means that among other things a criminal investigation may be necessary when catastrophic events such as major fires, chemical spills, train derailments, and etc. occur. An investigation would most certainly be required in the event of any incident involving radioactive or biologically hazardous materials, any explosion, or a chemical spill resulting from a traffic mishap. The purpose of investigating such incidents is to determine if they were caused by recklessness or negligence and if so, ensure at least some degree of accountability. Investigations may also be of value to determine how to prevent such occurrences in the future. Almost certainly such events would be the basis for civil liability lawsuits and while it is not the purpose of a criminal investigation to aid in a civil suit, inevitably information from a criminal investigation would be used in civil court where the skill of the investigating agencies would be on public display. Also, always note the purpose of an investigation is to provide evidence to exonerate the innocent as well as to convict the guilty. The investigator’s job is to investigate and report their findings. Although reporting includes courtroom or other sworn testimony, the investigator’s responsibilities go no further than to relate the facts as they know them and when asked, express an opinion supported by knowledge of the facts as interpreted through the investigator’s training, experience, and expertise. Anything more than that is the job of lawyers. Disasters may occur through improper maintenance or the lack of required maintenance. Missing or improper maintenance leading to death, injury, and/or property damage may fall under negligence or recklessness, depending on circumstances. Maintenance is expensive and reduction of maintenance is often seen by managers as an easy means to ease the periodic budget shortfalls experienced by government agencies as well as private enterprise. Maintenance reductions can conceivably be justified long term, based on the assumption that nothing bad has yet happened so it is safe to continue with the reduction in maintenance to keep costs down over time. Although debatably less expensive than the long run cost of insufficient maintenance, managers sometimes work from the idea that maintenance can be deferred forever; it can’t. Again, such cuts could constitute grounds for criminal or civil liability. Legal concepts out-of-the-way, we will now look at a few specific types of incidents related to human action that often cause mass causalities and destruction of property. This is not an exhaustive list, but rather a brief introduction to the most likely types of incidents encountered by most first responders. The discussion is general as training and procedure will vary and both should be updated as technology and other driving forces, such as law, change. Bridge Safety The American Society of Civil Engineers states (ASCE): There are more than 617,000 bridges across the United States. Currently, 42% of all bridges are at least 50 years old, and 46,154, or 7.5% of the nation’s bridges, are considered structurally deficient, meaning they are in “poor” condition. Unfortunately, 178 million trips are taken across these structurally deficient bridges every day. In recent years, though, as the average age of America’s bridges increases to 44 years, the number of structurally deficient bridges has continued to decline; however, the rate of improvements has slowed. A recent estimate for the nation’s backlog of bridge repair needs is $125 billion. We need to increase spending on bridge rehabilitation from $14.4 billion annually to $22.7 billion annually, or by 58%, if we are to improve the condition. At the current rate of investment, it will take until 2071 to make all of the repairs that are currently necessary, and the additional deterioration over the next 50 years will become overwhelming (https://infrastructurereportcard.org/cat-item/bridges-infrastructure/#:~:text=There%20are%20more%20than%20617%2C000,are%20in%20%E2%80%9Cpoor%E2%80%9D%20condition). Train Derailments The ASCE states that although railroad right of way is mostly well maintained, the most common cause of derailments are maintenance related track defects. The Bureau of Transportation Statistics states that on average, there have been 1,700 derailments per year since 1990. The top five states for derailments are Texas, Illinois, California, Pennsylvania, and Ohio (https://www.commerce.senate.gov/). A few of these derailments caused hazardous chemical spills producing environmental damage. All derailments require some form of government agency response. This may be a simple as a preliminary assessment to determine if further response is needed, or a very detailed response by numerous agencies. If the train was carrying hazardous materials, and an amazing number do, a derailment will likely necessitate evacuations of surrounding dwellings or commercial areas which in turn may create a need for shelters for displaced persons for potentially lengthy periods. For law enforcement, evacuating an area also creates the problem of unauthorized entry into the closed area. Entry of unauthorized persons will interfere with rescue operations, investigation, and clean-up and possibly expose such trespassers to hazards. In also creates the probability of looting. Evacuating and sealing an evacuated area is personnel intensive and that may place a strain on agency operations, especially in rural areas. Problems related to staffing can be somewhat mitigated through planning and interagency assistance pacts. It is crucial that agencies not simply have plans for such emergencies in place but that the plans are kept up-to-date and that personnel train on the plan on an ongoing basis. Training can be as simple as monthly reviews of the disaster plans during shift changes or as elaborate as multi-agency drills and debriefings once or twice a year. Local agency first response will eventually shift into and investigation into the cause or causes of a derailment. Investigation of derailments is primarily the responsibility of various federal and state agencies and the railroad police, each of whom may call on specialists outside their organizations for assistance. The main responsibility of local first responders is to protect life by assisting any injured persons, securing the scene, protecting property as much as possible, and assisting investigative agencies when requested. First response to a train derailment may require the fire department or other specialists to contain chemical spills, isolate other types of hazards such as radioactive materials, and/or extinguish fires. EMS will of course tend to injured persons and transport to medical facilities as needed. Depending on circumstance, helicopters may be needed to transport the injured and a staging area may need to be established for triage. Such moving parts must be accounted for in emergency planning. Triage Although the concept dates at least to the Napoleonic Wars, the term itself does not seem to have seen wide usage until World War I. Essentially, triage is the process of sorting causalities into three groups to prioritize and most effectively utilize available medical care. One group is designated as unlikely to recover regardless of treatment and should receive only such care as is sufficient to make them comfortable. The second group do not have injuries threatening life or limb and treatment can be deferred. The third group need immediate care to preserve life and limb and should therefore be given priority of care. Although this may sound callous, depending on circumstances such prioritization may be necessary to save the lives of the greatest number of injured. Law enforcement officers may need to evacuate persons, out to one mile in some cases; reroute traffic, and secure the scene, perhaps for an extended period of time. Local agency response will be discussed further in this chapter as we proceed. Highways Although critical to commerce and travel, road and highway systems often suffer a lack of funding for maintenance. The ASCE estimates that 40% of America’s highways are in ‘poor or mediocre’ condition. Although undermaintained roads may be a contributing factor to crashes, crashes are most likely due to operator error including allowing oneself to be distracted by their cellphone. Roadway crashes resulting in hazardous material spills will of course require special response by law enforcement, fire service, and EMS. In some cases, an emergency response from specialized local units, the EPA or similarly tasked agencies may be required as well. As to who makes the call to bring in specialized agencies is a matter of local agency policy and training or it may be a matter of law. Regardless of such considerations regarding agency responsibility and specialization, there is still a crash to be investigated and that is a responsibility of local police or in unincorporated areas state highway patrol/police. In the case of a fatality, a high-profile crash such as one involving hazardous materials; specially trained accident investigators from the first responding agency should be called in. Agencies lacking such specialists should call their state police/highway patrol for assistance. This is to investigate the crash. A crash involving hazardous materials may require the presence of state or federal agents, such as the National Transportation Safety Board. At a crash scene, circumstances will dictate officer safety precautions, the need for areal evacuations, and requests for assistance. Again, planning is important; all police, fire, and EMS agencies should have established protocols for proceeding in cases of major crashes whether hazardous materials are involved or not. For example, chain reaction type crashes involving multiple, sometimes dozens of vehicles require multiple personnel. Chain reaction crashes may be caused by ice, fog or other weather-related issues, debris on the roadway, or spilled diesel oil, among other things. In East Texas a number of years ago, a badly balanced truck carrying a tank of live catfish overturned on Interstate 20 with complicated results, including first responders slipping and falling. Major crashes may involve closing roads and re-routing traffic for extended periods. Helicopters may be needed to evacuate injured persons and all first responders, not just law enforcement need so knowledge of selecting suitable landing areas and perhaps guiding pilots to those areas. Aircraft Aircraft crashes, large and small, are generally the result of pilot error. Airfields and aircraft are by and large well maintained. Air craft crash investigations are most certainly the purview of experts with the role of local first responders limited to exactly that; first response to protect life and property. Although limited, that role may require a great number of personnel and may require first responders to locate deceased or injured persons, conduct evacuations, securing evidence from a debris field, and sealing off a large area. Space Shuttle Columbia February 1, 2003 the Space Shuttle Columbia, was finishing its 28 mission since its commissioning in 1981. The Columbia was re-entering the earth’s atmosphere over Texas in part of a long glide path to the Kennedy Space Center in Florida. Columbia exploded and disintegrated over North Texas scattering debris from northeast Texas into northwest Louisiana. Some of the debris took several hours to float to earth and literally was scatted to the winds. In any aircraft crash, investigators collect all parts of the aircraft that can be located and then reassemble them in some secure place, much like piecing together a jig-saw puzzle, to determine the cause of the crash. In this case, debris was scattered over several hundred square miles. Teams of investigators and first responders were sent to locate and secure debris until it could be processed and transported to a central location by specialists. In some cases, officers were required to stand guard over chunks of insulation for two or more days. In more than a few cases, pieces were stolen and some stolen pieces were (briefly) offered for sale on a popular on-line auction site. Although the role of first responders was limited and hardly glamorous, it was a critical part of a complex investigation. In the end, it was determined that heat protection tiles had been knocked loose during launch and during reentry the missing tiles caused heat to catastrophically damage one of the wings in turn causing flight instability exposing the Columbia to more heat than the craft could withstand. As a result, Columbia disintegrated killing the crew of seven. Levees and Dams Another issue of note are failed levees resulting in flooding and poorly planned or maintained drainage resulting in flash flooding. Levee failures may compromise roads, flood residential and commercial areas, create power outages, and otherwise disrupt a community. In such cases, the role of first responders is simply to protect life and property, keep the peace, and render assistance to other agencies as requested. Again, evacuating affected persons, providing them with shelter, and sealing off affected areas are part of what will likely be an extended first response. Related here is the danger to public safety from dams, about half of which in the US are privately owned. Regulation and safety protocols for privately owned dams, as well as maintenance schedules and actual maintenance are sometimes sketchy. The ASCE states, “Without specific funding programs, many dam owners cite lack of funding as the reason maintenance and upgrades are deferred.” There are over 91,000 dams in the US and their average age is 57 years. Of these, approximately 2,300 are classified by the ASCE as “‘deficient’ high-hazard-potential”. High hazard potential simply means that if there were a failure of the dam, there is a high probability for loss of life and extensive damage; it does not mean there is an actual problem or even the potential for one. Deficient on the other hand means there is a problem or that the conditions exist for there to be a problem. That is, there are 2,300 dams that present a high-hazard-potential and have structural problems. Again, a catastrophic failure would require long-term investigation by engineers and other specialists. The job of local first responders would be similar to that in a bridge collapse, derailment, or similar occurrence. Explosions Due to Negligence or Recklessness As discussed in earlier chapters, ammonium nitrate can be dangerous; but then so can natural gas, gasoline and other volatile or unstable substances some of which are delivered through underground pipelines. Of these, natural gas is the most common and may constitute a hazard, especially in residential areas. In 2018, an explosion in a residential neighborhood in Plano, Texas caused the death of a 12-year-old girl. The NTSB investigation revealed numerous issues contributing to the explosion including some related to maintenance issues as the cause of the explosion (www.ntsb.gov/news/events/Documents/2021-01-12%20--%20Abstract%20--%20Dallas%20Texas%20--%20Atmos%20Energy%20Corporation%20Natural%20Gas-Fueled%20Explosion.pdf). In many areas, digging requires that the property owner or person doing the digging contact all utility companies to ensure there are no buried natural gas lines, electrical cables, etc. prior to opening a hole or trench. There is a national ‘call-before-you-dig’ hotline; one need only call 811 48 hours prior to digging to give utility companies time to locate and mark any sensitive areas. Some people fail to make the call and complications result when a backhoe tears through a utility line or pipe or an unwary gardener sinks a shovel into a cable. There is also the possibility of utilities being installed in violation of safety codes or utilities degrading over time and that degradation going unnoticed from a lack of inspection or maintenance. This seems to have been the case in the aforementioned fatal explosion in Plano, Texas. Such incidents require specialists to investigate with the role of first responders limited as previously discussed. Meth Labs Yes, a discussion of meth labs belongs in this chapter. Although research is lacking, injuries from merely being in a meth lab are uncommon; fewer than a 100 per year, but of those injured about 25% are law enforcement officers. Additionally, clandestine labs for the manufacture of methamphetamine have a rather nasty tendency to explode and or burn and do so at a number of about 1,000 per year. There are at least two reasons for this; one is that the manufacture of meth involves the handling of a number of very dangerous chemicals. Reason two is that unlike TV characters, most person operating meth labs have no real understanding of lab safety and are likely not the kind of people who would follow safety protocols even if they were knowledgeable of them. The following chart published by the DEA Office of Diversion Control list the chemicals used to manufacture meth and their hazards. Chemical Hazards Pseudoephedrine Ingestion of doses greater than 240 mg causes hypertension, arrhythmia, anxiety, dizziness, and vomiting. Ingestion of doses greater than 600 mg can lead to renal failure and seizures. Acetone/ ethyl alcohol   Extremely flammable, posing a fire risk in and around the laboratory. Inhalation or ingestion of these solvents causes severe gastric irritation, narcosis, or coma. Freon Inhalation can cause sudden cardiac arrest or severe lung damage. It is corrosive if ingested. Anhydrous ammonia A colorless gas with a pungent, suffocating odor. Inhalation causes edema of the respiratory tract and asphyxia. Contact with vapors damages eyes and mucous membranes. Red phosphorus May explode as a result of contact or friction. Ignites if heated above 260° C. Vapor from ignited phosphorus severely irritates the nose, throat, lungs, and eyes. Hypophosphorous acid Extremely dangerous substitute for red phosphorus. If overheated, deadly phosphine gas is released. Poses a serious fire and explosion hazard. Lithium metal Extremely caustic to all body tissues. Reacts violently with water and poses a fire or explosion hazard. Hydriodic acid A corrosive acid with vapors that are irritating to the respiratory system, eyes, and skin. If ingested, causes severe internal irritation and damage that may cause death. Iodine crystals Give off vapor that is irritating to respiratory system and eyes. Solid form irritates the eyes and may burn skin. If ingested, cause severe internal damage.  Phenylpropanolamine Ingestion of doses greater than 75 mg causes hypertension, arrhythmia, anxiety, and dizziness. Quantities greater than 300 mg can lead to renal failure, seizures, stroke, and death. Source: DEA Office of Diversion Control. Labs give off a distinctive chemical odor or odors similar to strong cat urine (ammonia) or rotten eggs, although they may also smell strongly of ether, as do many meth users. A lab may be located in any structure, out of doors, or in vehicles. Windows of structures may be closely covered by curtains or aluminum foil to prevent detection, but may be opened for ventilation on very hot or very cold days. There may be security cameras (note the plural; there will be more than just a doorbell camera), guard dogs, and sometimes booby traps. Vegetation in the area may be dead, having been killed by the dumping of waste from the chemical processes. There may also be solid waste made up of rags or coffee filters, sometimes stained red; empty cold medicine packages (a source of Pseudoephedrine), empty chemical containers (for example, engine starting fluid, lye or lye-based drain cleaner, acetone or others), rubber or plastic tubing, two-liter soda bottles or other plastic jugs with punctures near the top; there may be plastic tubes pushed through the punctures. When approaching any property for any reason, first responders should be alert anyway and especially so in regards the signs of an operating or abandoned meth lab. If you have not already figured it out, meth labs are quite dangerous to first responders and anyone else anywhere near the area. First responders may find a lab by accident while working an unrelated call, or may take down a lab after a lengthy investigation. If found by accident, one should not touch anything and would be well advised to leave the place immediately taking any persons present with you. Apparently, the presence of young children running around in meth labs is not uncommon (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3029499/). One should then seal the area and request assistance. Investigators and anyone entering the area will need hazmat gear. One would do well to evacuate the wider area due to potential for fire and explosion. Investigation and processing is best left to experts from agencies that specialize in drug lab investigations. According to the Centers for Disease Control (CDC) the most common injuries from meth labs are respiratory irritation, chemical burns, thermal burns, and eye irritation. Additional dangers to first responders are assault, vicious guard dogs, and injury or death caused by booby traps. In short, the labs themselves are dangerous and so are the operators. Clean up can be problematic as the chemicals used and the chemical waste produced are hazardous and their disposal is thus regulated by state and federal law. The DOJ estimates that one pound of finished meth produces 5-7 pounds of toxic waste with will have to be handled according to law. Clean up is often complicated because the lab operators will dispose of waste by simply dumping it out the back door of their ‘lab’ (often their kitchen) or otherwise into the open. Clean up can be expensive and in most states, the owner of the property is responsible for the clean-up and its costs. Investigation Law enforcement or fire service investigators, especially in larger agencies tend to specialize over the course of their careers, developing a great deal of expertise investigating a limited range of incidents, crimes, or types of criminals. Fire marshals/investigators may be trained and licensed/certified as both law enforcement officers and firefighters. Agents of the Bureau of Alcohol Tabaco, Firearms and Explosives (BATFE) may have extensive training and experience in investigating explosions and have extensive knowledge of chemistry and physics. The point is that some investigations related to disasters cause by human action are beyond the knowledge and capabilities of most law enforcement officers or many agencies. Depending on the occurrence, numerous government agencies may become involved in an investigation as well as insurance company investigators and consulting specialists, such as structural engineers brought in by government agencies or private insurers and attorneys. The collapse of the condominium in Florida in 2021was one such occurrence requiring a cadre of engineers and geologists to determine whether the fault was in materials, construction, or design of the building among other factors and whether anything was chargeable in terms of criminal recklessness or negligence. Negligence and recklessness are quite complicated legal concepts, depending on numerous factors to determine who, if anyone was responsible for an incident and in what manner. Also relevant are what did the responsible parties know about the potential for problems prior to an event and when and what action was taken, if any, based on that knowledge. Citing an example from an earlier chapter, a consequence of the All Angels School fire was the reliance placed on asbestos as building material for fire safety in schools and other facilities over the following 20 years. It was known before the 1950s, when the increased use of asbestos in industry made that material common in public buildings, that handling asbestos posed a health threat to asbestos workers. The health threat posed to students and teachers in asbestos laden schools has never been made particularly clear, so determining liability is complex. The point is that liability, including criminal liability for negligence and recklessness is never set in stone, but changes as knowledge changes. This would apply to numerous issues beyond asbestos in schools but also state of the art in construction, regulation of nuclear and other hazardous materials, and the exposure of first responders to danger from incidents and materials. The Fireman’s Rule At one time, liability for injury to first responders was limited by the so-called ‘fireman’s rule’. The fireman’s rule is based on the common law concept of assumption of risk. For our purposes this means essentially that if you accept employment as a first responder, whether paid or volunteer, you do so knowing that you will be called upon to go in harm’s way. In short, you knew the job was dangerous when you took it, therefore, you are limited in your ability to collect damages for injuries arising from someone else’s acts be they criminal, negligent, or reckless. Why? Because essentially you agreed to take your chances when you accepted employment in the field. Some states do not recognize the fireman’s rule, while some states recognize the rule with limitations and exceptions. For example, a few states require property owners to provide warnings of dangers on their property, such as the presence of an open trench, and allow first responders to sue when such warnings are not provided. In an interesting extension of the concept of the fireman’s rule, California allows law enforcement officers to sue criminals for injuries sustained in some high-speed chases. The average first responder, other than law enforcement personnel, are most likely to come into contact with hazards as the result of a call for service; perhaps a call not clearly related to a specific hazard. For example, police responding to a request for a welfare check may find a methamphetamine lab. Unlike fire and EMS personnel who do not patrol a regular beat, police officers on patrol are expected to be at least somewhat proactive in terms of being vigilant to anything out of the ordinary on their beats or patrol sectors and to investigate such observations for the public good. An officer making a traffic stop may find the vehicle’s passengers were in the process of making meth using the soda bottle or ‘shake and bake’ method; a method known to cause explosions. Prevention, Reaction, and Investigation Dealing with danger and potential danger aside, the job of homeland security should be seen as comprised of prevention, reaction, and investigation. In many instances of disasters caused by human action, the prevention role will be limited to state and federal regulatory agencies such as the Nuclear Regulatory Agency (NRC), the National Transportation Safety Board (NTSB), the Occupational Safety and Health Administration (OSHA) and a veritable alphabet soup of agencies known generally by their acronyms who should be seen as part of homeland security. Likewise, many of the same agencies regulating and enforcing regulation of human activity will be involved in response and investigation when something goes badly wrong. For example, the NTSB mandate includes prevention, investigation, and mitigations of the effects of events: Conducting objective, precise accident investigations and safety studies; Performing fair and objective airman and mariner certification appeals; Advocating and promoting safety recommendation; Assisting victims of transportation accidents and their families. ​ The authority of the NTSB extends to aviation, railway, highway, marine, pipelines, and commercial space craft; notably quite inclusive of modes transportation of people and goods. Chemical spills, bio-hazards, and explosions pose very different challenges to safety of first responders than most other types of danger. Law enforcement officers may arrive at the scene of a chemical spill several minutes before other first responders who have the training and equipment to deal with such an emergency, yet the officer is expected to do something in the meantime. While terrorists and other criminals may be neutralized through a variety of means, and law enforcement officers are trained for such action, an overturned truck leaking green ooze will require expertise beyond the resources of most law enforcement officers. Then again, such an event may strain the resources of even well trained and well equipped fire departments. In short, the role of local agencies during a disaster caused by human action will in most cases be limited to that of the first response; a limited role yet a crucial one in terms of saving lives and ensuring the success of long term response including investigation by other agencies. An exception are many highway related incidents. Highway safety laws including limits on speed and vehicle weight are enforced by state and local law enforcement agencies. In cases of chemical spills on roadways or other traffic related occurrences posing a special hazard, dedicated state and federal agencies would be called. The role of first responders is to protect life, secure the scene, preserve evidence, and locate and identify witnesses; not necessarily in that order, but preservation of human life and limb takes precedence over other factors, morally and legally. In some cases, first response must consider the life and safety of persons not directly on the scene and some incidents may require evacuation of the area surrounding the incident and in all cases control of persons entering or leaving the scene of the incident. This is not only to preserve the scene for investigative purposes but to keep exposure to hazards to a minimum number of persons. There is also the potential problem of first responders, witnesses, and others tracking hazardous materials to areas outside the actual scene thus contaminating a wide area. The final point here is dealing with deceased persons in an ethical and legal manner. Human remains must be treated with respect but bodies of the deceased are also now evidence needed for reconstructing the event and will likely need to be left in place for a time for investigative purposes. If there are a large number of deceased, local morgues can be easily overwhelmed. Refrigerated trailers or portable morgues may be needed as a supplement to existing facilities. Such a potential need must be accounted for in advanced planning for event response. Human remains must be stored pending notification of next of kin and positive identification of the remains. If bodies are badly burned or otherwise unidentifiable through usual means, dental records or DNA analysis may be required. In some cases, bodies may be contaminated from exposure to hazardous materials and require special arrangements for disposal. Agencies may also be responsible for secure storage of the property of diseased persons. Again, such things must be part of a disaster plan. Command and Control With a variety of local units on scene and the possibility of specialized agencies such as federal regulators being enroute, a centralized command and control structure needs to be in place. This needs to be part of any disaster plan and agencies and personnel must practice their role on a regular basis; the emergency is not the time for a trial run. Cooperation in planning, training, and actual incident response can be complicated by personalities, turf issues, and resource availability among other issues. Training can be expensive, but then so can a botched incident response. The reader is asked to pardon repetition of what may seem obvious, but planning and training cannot be overemphasized. Since this discussion regards multi-agency response, regardless of turf and agency mission, a clear and logical chain of command needs to exist, overall as well as for each individual agency in the mix. Among other requirements is a clear chain of communication and a guarantee that communication can take place between responding personnel in a timely manner. For example, one of the issues in New York City on 9/11 was the inability of police commanders to communicate with fire and EMS commanders without going through a dispatch center as these agencies operated on different radio frequencies and could not access the radio frequencies of other agencies. Although going through a communications center worked, it did delay the flow of information. Again, inter-agency communication requires advanced planning including not only local and regional first responders but agencies charged with a rapid secondary response, such as OSHA and NTSB. Again, there is also the issue of officer safety. The first rule for law enforcement, fire, and EMS is to arrive to the scene safely. Wrecking one’s vehicle on the way to an emergency only creates another emergency and reduces the resources available to respond to the original problem. Yes, it is exciting to drive fast with emergency lights on and siren blaring. It is also very dangerous requiring skill and good judgment. State laws vary, but generally the operator of an emergency vehicle is required to ‘exercise due care and caution’ when enroute to an emergency. Although the law may allow the driver of an emergency vehicle to exceed speed limits as well as overstep other traffic laws, the person operating an emergency vehicle is still responsible for the safe operation of their vehicle. State law also varies as to defining an emergency vehicle; one may be required to simultaneously operate both emergency lights and a siren, or the operation of the lights alone may give the vehicle status as an emergency vehicle. Regardless of urgency, one must follow the law pertaining to emergency vehicle operations, as well as agency policy, training and good sense. Regardless of the care and caution of the driver of the emergency vehicle, other motorists may not see the lights or hear the siren or for some reason simply not yield to the emergency vehicle. In such cases, avoid passing such a driver on the right as they may suddenly decide to yield and instinctively drive to the right. Caravanning is another danger. Caravanning is a slang term for two and usually more emergency vehicles following each other closely. The main danger here is motorists yielding to the first vehicle, and not realizing another is closely following, will drive into the path of a following vehicle. Local law enforcement will likely be the first of the first responders on the scene of an incident. However, in rural areas the first responders may be one or more members of the local volunteer fire department or volunteer EMS. In most emergencies, rural or otherwise, the real first responder will most likely be a neighbor or bystander who has no or limited training in emergency operations. Whatever the shortcomings of the bystander or neighbor as first responder, agency personnel must identify such persons as their information will likely be critical in determining the cause of the incident as well as handling the incident, including understanding the nature of any injuries; this latter may be vital knowledge for emergency room personnel. For reference, all 50 states have passed some form of good Samaritan law protecting from civil suit civilians who render aid provided they act in good faith and relinquish care to more qualified persons as such persons arrive. These laws can be complicated and riddled with exceptions and requirements so one should check the law of their state to understand how this would work in situations they may encounter whether as emergency services personnel or not. After arriving safely and as they approach the scene of an incident, the first emergency services person, whether police, fire, or EMS bears the burden of quickly assessing the situation and clearly communicating that information to their dispatcher and other responders enroute. So, arrive to the scene safely. Next assess the level of danger posed by the situation to one’s self and determine your actions based on that assessment. The duty to act does not include complete disregard of one’s own safety; dying heroically may not help alleviate the problem. One then needs to determine the level of immediate danger posed by the incident overall as that will dictate much of what actions should follow. As part of the assessment process, note that vehicles hauling hazardous materials are required to post diamond shaped warning signs. The numbers on these signs are a code for the safety of the public regarding the materials being shipped and these numbers can quickly be decoded for directions to first responders regarding the level of danger posed and the immediate steps to take. The number should be communicated to one’s dispatcher or as required by agency standard operating procedure (SOP). Supervisory personnel or specialists can also use the code to reference the DOT Emergency Response Guidebook to direct the personnel on scene as to next steps, including personal safety as well as who to contact for assistance on scene or to investigate. The DOT Emergency Response Guidebook can be downloaded free at: https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-08/ERG2020-WEB.pdf . Almost simultaneously to initial assessment of the scene and communication of that assessment, the first officer or officers on the scene should determine the status of all persons at the scene. If there are injured persons, that information should be communicated to EMS units enroute including the number of injured and the nature and extent of their injuries. If uninjured persons are present their continued presence on scene must be assessed in terms of the danger posed to them by the incident and incident response. This can be tricky as these persons may have vital information that needs immediate communication to ensure an effective initial response and they may have information vital to a follow-up investigation; one does not want to lose track of them or treat them in such a manner as to affect their cooperation, such as screaming at them to move them away from immediate danger. Some people are strangely sensitive and will take deep offense even under such extreme circumstances. At the same time, a first responder cannot allow a civilian to be exposed to danger unnecessarily; and you don’t want them to wander off. Also to be considered is who persons at the scene are in terms of what happened. Were they actually participants or witnesses? Were they in fact witnesses or merely passers by who lingered from morbid curiosity rather than to render aid? Are they media persons? Many if not most news crews have radio scanners and can be astonishing quick at arriving to an incident; sometimes beating emergency services personnel. Consider also that some person purporting to be witnesses or mere by-standers were actually the cause of the problem and are trying to conceal that status. As other personnel arrive, they should be delegated to render first aid, if necessary; control traffic, if necessary; limit access to the scene, and identify persons at the scene as to their role in the incident. Who delegates or assigned responsibility? In some agencies, the policy is that the first officer on the scene is in charge. Their responsibility may end when senior officers or a supervisor arrives on scene or responsibility to delegate may remain with the first officer on scene with senior personnel assisting. In some agencies, policy allows only designated persons to exercise control and initial responders must wait for a supervisor to take command of the scene. Policy many not always be practical during an actual event and all persons working in homeland security should have some level of training on incident management, including effective delegation of responsibility. Additionally, depending on need and SOP, officers may be required to assist other agencies on request. If not requested but if the officer sees the need, they should exercise their initiative and assist anyway; even when knowing this violates standard operating procedure (SOP). One should feel secure enough in themselves to do what they believe is right, regardless of consequences. If an incident involves hazardous materials, responsibility for overall incident management will likely fall most heavily on the fire service or specialized units within that service as they have the training and equipment for such emergencies. That training may inform them that additional personnel and material support are needed and perhaps other agencies. In such cases, law enforcement personnel will investigate possible law violations, secure the scene, and cooperate with other agencies. That is, law enforcement officers will be responsible for at least beginning an investigation and, especially the first officer on the scene and supervisory personnel will be expected to submit a preliminary report of what they saw and what they did. In cases of traffic incidents involving injury or hazardous materials, law enforcement will certainly need to investigate the cause of the incident and may wish to file charges. If the nature of the incident requires evacuation of a neighborhood or larger area, law enforcement officers may need to go door-to-door notifying persons of the emergency and the need for them to leave. Officers may need to provide physical assistance to persons being evacuated and there must be a designated place or places for evacuees to go. Part of the initial response may include securing the use of a school gym or other public building as an evacuation center and such center must have toilets and running water. It must also provide actual shelter including air-conditioning or heating as needed and food and sleeping arrangements may be necessary. Depending on the area, many people will make their own arrangements for evacuation and while that simplifies the logistics of caring for evacuees, it complicates accounting for persons noted as missing or ensuring all persons are clear of the area evacuated. As noted, witnesses will need to be identified and at least given a preliminary interview. Identification requires information needed for future contact with that individual, possibly by an investigator not at the scene and doing a follow-up investigation days or weeks after the event. Not everyone carries ID, and some may not want to be identified. There are numerous possible reasons for not wanting to provide ID; one of which is the ‘witness’ may be a perpetrator. Injured persons who have been removed from the scene will need to be identified and contacted by a law enforcement officer which will require the officer to work with EMS and emergency room personnel. Most people nowadays, perhaps especially first responders, carry a cell phone with a built-in camera at all times and the camera probably has video capability; using the cellphone/video to make a panoramic sweep of the scene can be invaluable to report writing and as an investigative tool. Eventually, most if not all law enforcement officers will be using vehicle dash cams and body cams as a matter of routine furthering the work of first responders through assisting their own reporting, advancing the work of investigators, and documenting activity for court, training, and performance evaluation. In addition to creating a picture of the scene as the officer saw it, preliminary interviews of witnesses can be recorded making an accurate on-scene record for further investigation. As part of interviewing process of witnesses, the officer should ascertain whether the witness also photographed or recorded the scene or incident. Remember too when interviewing witnesses, that some private persons have dash cams in their vehicles and these too may be of value, so ask. Obtaining copies of photos or recordings should be included as part of the follow-up investigation; first responders will be busy with more pressing needs. Depending on numerous factors, specially trained investigators may need assistance in measuring skid marks, photographing the scene, and in effect reconstructing the incident. In the past, measurements and photographs were often used to draw diagrams of incident scenes or in some cases to construct 3-D models, although usually only in very important cases. Technology has changed the process and 3-D laser scanners can be allowed for computer assisted modeling showing details of a scene often not possible in the past. 3D Scanners for Homeland Security By guest author Roger Ryan Rider The investigation of crash and crime scenes is a highly sophisticated and dynamic event. Investigators have addressed this challenging process by improving its documentation methods. The evolution of mapping these scenes has changed from using a tape measure to deploying total station theodolites. The newest technology has advanced three-dimensional laser measuring or scanning equipment. This advancement in technology is becoming accepted and financially obtainable to law enforcement. Recent studies have examined digital technology available to crash and crime reconstruction and its impact on evidence documentation and scene clearance. Some of these findings were: Specialty trained law enforcement investigators have been shown statistically to be proficient in the use of the technology producing reliable conclusions. Specialty trained law enforcement investigators perceived 3D laser measuring equipment capable of reducing initial time on scene up to one hour. Medium to large law enforcement agencies and specialty trained investigators indicated that 3D laser measuring equipment was more effective than total station theodolite. Field testing showed that 3D laser measuring equipment can considerably reduce the man hours needed to complete the mapping documentation to represent a major crash incident (Rider, 2017). Laser scanning devices utilize a laser to bounce off an object and return to the instrument. The distance from the scanner to the object is accurately determined by measuring through a time of flight or a phase shift in the waves of the infrared light. Additionally, a scanner determines the reflectivity (assigned to a grey scale) of the captured surfaces by measuring the intensity of the received laser beam. These points are organized in an X, Y, and Z coordinate system to create a three-dimensional representation of the scanned area. These scans can then be stitched together, a process sometimes referred to as registering to represent a large scene. Most scanners also integrate a 360-degree picture view of the same scanned area. This view can be observed in the 360-degree format and/or added to the scanned scene to enhance the true colors of each scan point. This collection of points is referred to as a point cloud. The application to law enforcement ranges from crashes to crime scenes. In crime scenes such as shooting incidents, 3D scans can better document the scene itself, projectile trajectory paths, and assist in the reconstruction of the incident. In crash scenes the road evidence such as gouge marks, skid marks, and debris location can be measured with millimeter accuracy. This evidence can assist in creating an animation or reconstruction of the incident to assist investigators and court participants in understanding the incident or scene. A landscape study recently stated that 3D laser technology is an excellent tool to increase investigators’ speed and efficiency (Ropero-Miller, Bailey, Bushman, & Melton, 2016). Laser scanning technology is shown to be efficient and accurate. This, coupled with the reduction of equipment costs to the public and legal sectors, will assist in the equipment's acceptance, purchase, and deployment. References Rider, R. R. (2017). The new technology impact on crash reconstruction. Tarleton State University. Ropero-Miller, J., Bailey, M., Bushman, M. H., & Melton, P. (2016). Landscape study on 3D crime scene scanning devices. ABOUT THE AUTHOR Roger Ryan Rider graduated from Texas A&M with a bachelor's degree in Construction Science; he received his master's from Tarleton State University in Criminal Justice and is now pursuing his Ph.D. Academically Ryan is interested in expanding on his current research on officers' perception of new technology on crash reconstructions, as well as furthering research on the forensic investigation of crime scenes by law enforcement, driving while intoxicated offenses, and advancing law enforcement use and deployment of a 3D scanner and virtual reality technology. After a tenured career in law enforcement of over 23 years in a north Texas municipality, Ryan has redeemed his lifelong desire to develop a robust and professional foundation in helping people, preserving the quality of life, and committing to the public's safety at large. Ryan has been married to the love of his life, Karan, for 35 years. They have one child together. R. Ryan Rider is the Owner and Operator of Triple "R" Investigations. Chemical spills and burning materials may produce toxic fumes. The presence of such fumes will require protective clothing for responders. Although most fire service units have access to HAZMAT gear, law enforcement officers are less likely to have access to or training to use such equipment. Fumes may also make evacuation critical. In such cases wind direction and speed must be noted and worked around. Again, dealing with the source of the fumes is a job for specialists. Conclusion This chapter has provided a brief summary of the types of disaster caused by human activity that are most likely to be encountered by the average first responder. The ability of human beings to create death and destruction through error or carelessness is practically unlimited so there are many more possibilities. In many cases, the role of local first responders will be limited to immediate protection of life and property and preliminary investigation. Long term consequence management will involve local agency activity plus that of numerous investigative agencies and may involve social services agencies. With many organizations in the mix, advanced planning is key to a prompt and effective response. This requires input from all agencies involved as well as constant training and revision of plans to reflect changing conditions. The average person and the average first responder are far more likely to encounter a disaster caused by human action or nature than they are a terrorist or terror attack and should think primarily within those parameters. Whether terrorism, human action, or natural processes, much of the first response will be the same or similar. In the next chapter we will discuss natural disasters, including such diverse natural events as earthquakes, hurricanes, and epidemics. Sources Used §6.03 Texas Penal Code https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm American Law Institute Model Penal Code §2.02 www.ali.org/media/filer_public/23/5d/235db86d-f32c-4b7a-b441-b714a53c7981/mpc-culpability-requirements-202.pdf American Society of Construction Engineers. https://infrastructurereportcard.org/ Centers for Disease Control. Injuries from Methamphetamine-Related Chemical Incidents — Five States, 2001–2012. DOT Emergency Response Guidebook https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2020-08/ERG2020-WEB.pdf Drug Enforcement Administration Office of Diversion Control https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3029499/ https://www.cdc.gov/mmwr/preview/mmwrhtml/mm6433a4.htm National Transportation Safety Board. https://www.ntsb.gov/Pages/home.aspx National Transportation Safety Board. Report. www.ntsb.gov/news/events/Documents/2021-01-12%20--%20Abs