INGENIEUR
justify a case. The process flow, especially one
that is related to technical issues, is one of the
critical elements in a legal point of view. Any samples
of evidence may be rejected by the court if there
are any disputed technical issues. Refer to Figure 5
on a tower crane accident where the expert witness
needed to identify which part was to be analysed.
If an on-site analysis cannot be performed, then
the tower crane structure needs to be cut to the
specified length. Then the structure has to be
brought to the laboratory for detail analysis. In
this case, the expert must ensure all equipment
or tools are readily calibrated and verified before
bringing them to the incident site. In addition, the
suitable and correct tools for specific measurement
are critical for site investigations. Below are the
important criteria when a laboratory analysis is
reported by the expert witness:
1. Standard Operating Procedure (SOP)
Established standard operating procedure
for each type of testing apparatus or
laboratory work, evidence management,
type of form and person in charge;
2. Accreditation
● ●
Accredited laboratory such as ISO/IEC
17025 (General requirements for the
competence of testing and calibration
laboratories),
● ●
Quality management system such as
ISO 9001, and
● ●
Occupational Safety and Health
management system such as ISO
18000, MS 1722, and
● ●
Environmental management systems
such as ISO 14001;
3. Facilities
● ●
Location/working area,
● ●
Security,
● ●
Storage, and
● ●
Calibrated equipment;
4. People
● ●
Qualified and competent according to
SOPs, and
● ●
Periodically attend training.
Investigation Process
In order to maintain the chain of custody,
investigations have to be planned according to
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standard operating procedures (SOP). Figure 4
shows the common investigation process flow.
Normally, the SOP helps the prosecuting lawyer
since many technical gaps can be questioned.
Below is a guide to the basic steps to be
followed:
a. Initial information
Initial information is vital in order to get
real time information in establishing the
investigation plan. Planning must be
developed by targeting the investigation
objective and hypothesis. Systematic
approach to data analysis, failure
hypothesis development and final report
preparation will lead to successful
investigations.
b. Risk assessment
The important part in the investigation is
conducting a risk assessment before
entering the accident scene. Any method
for risk assessment such as HIRARC, JSA
or JHA will help the investigation team’s
preparation. For example, in an accident
related to a bulk storage fire with petroleum
products, relevant personal protective
equipment such as full face respirators,
gloves and suitable clothes need to be
present.
c. Establish the objective of the investigation
Objective and scope of investigation has to
be identified with proper documentation.
Some of the investigators may need
to co - op er ate with other teams
of investigators from different agencies.
The plan should be agreed by all parties
involved in the investigation process.
The budget for the investigation process
should consider all expenses during the
investigation process such as wages,
insurance, safety and health, logistics and
laboratory work.
d. Setup an investigation team
Expertise from different backgrounds
related to the incident or situation has to
be identified for better understanding and
reaching better conclusions.