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The Good

Report Writing by Donna R. Ingram, Training Director and R. Kirk Hankins IAAI-CFI, FIFireE, IAAI-CI. The Bad & The Ugly. The Good. Purpose of Training Proper documentation Using proper standards and guidelines (NFPA 1033, NFPA 921, ASTM, Department Policies)

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The Good

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  1. Report WritingbyDonna R. Ingram, Training DirectorandR. Kirk Hankins IAAI-CFI, FIFireE, IAAI-CI The Bad & The Ugly The Good

  2. Purpose of Training • Proper documentation • Using proper standards and guidelines (NFPA 1033, NFPA 921, ASTM, Department Policies) • Staying in your own lane and out of trouble (Daubert) • Report writing advice

  3. NFPA 1033 (2014 Ed.)

  4. NFPA 921 (2017 Ed.)

  5. ASTM International Formerly, American Society for Testing and Materials

  6. THE SCIENTIFIC METHOD: • RECOGNIZE THE NEED • DEFINE THE PROBLEM • COLLECT DATA • ANALYZE DATA (Inductive) • DEVELOP A HYPOTHESIS • TEST THE HYPOTHESIS (Deductive reasoning) • SELECT FINAL HYPOTHESIS

  7. Professional Guidelines and Standards Fire Pattern Analysis Fire Dynamics and Modeling Working Hypothesis Human Behavior Fire Testing Witness Statements Fire Scene Assessment Fire and Explosion Loss Histories Fire Testing Environmental Interactions

  8. NFPA 1033 (2014 Ed.) • 4.7.1 Prepare a written report, given investigative findings, documentation, and a specific audience, so that the report accurately reflects- • the investigative findings • is concise • expresses the investigator’s opinion • contains facts and data that the investigator relies on in rendering an opinion (show your work) • contains the reasoning of the investigator by which each opinion reached • and meets the needs and requirements of the intended audience(s)

  9. (A) Requisite Knowledge. Elements of writing, typical components of a written report, and types of audiences and their respective needs or requirements. (B) Requisite Skills. Writing skills, ability to analyze information and determine the reader’s needs or requirements. A.4.7.1 For additional information regarding the contents of a written report and evaluation methods, see ASTM E 620, Standard Practice for Reporting Opinions of Scientific or Technical Experts, and ASTM E 678, Standard Practice for Evaluation of Scientific or Technical Data.

  10. 4.7.2Express investigative findings verbally, given investigative findings, notes, a time allotment, and a specific audience, so that the information is accurate, the presentation is completed within the allotted time, and the presentation includes only need-to-know information for the intended audience. (A) Requisite Knowledge. Types of investigative findings, the informational needs of various types of audiences, and the impact of releasing information. (B) Requisite Skills. Communication skills and ability to determine audience needs and correlate findings.

  11. ASTM E 620 • Standard Practice for • Reporting Opinions of Scientific or Technical Experts • Scope This practice covers the scope of information to be contained in formal written technical reports which express the opinions of the scientific or technical expert with respect to the study of items that are or may reasonably be expected to be the subject of criminal or civil litigation. • 4.1 While this standard does not specify report format, the following information shall be included:

  12. 4.1.1 Descriptive Information- The following shall be contained within the report, preferably in the introduction: • Identifying number and date the report was prepared. • Name, address, and affiliation of each person who has rendered and opinion contained in the report. • Name of the person or organization, or both, requesting the report. • Generic description of the item(s) examined with data to identify the item(s)- serial number, marking, or other means of adequately identifying the item(s). • Date and location of the examination. • The scope of the investigative activities performed in preparation for reaching conclusions and opinions.

  13. 4.2Pertinent Facts: • The report shall contain all facts that are pertinent to the opinion rendered. • Identify those facts and data based on the observations by the expert of the item(s) in question or photographs thereof. • Identify other facts and data that the expert relies upon in rendering an opinion. • The person rendering the opinion shall have either supervised, conducted, or participated in or observed such examination or testing or shall list the name and business address of the person who did. • Evaluate facts and data according to Practice E 678, Standard Practice for Evaluation of Scientific or Technical Data.

  14. ASTM 678 Evaluation • Define the Problem • The complaint(s) or allegation(s) • Technical issues addressed • Relationship b/t technical issues addressed and the incident • Identification and Validity of Hypotheses • Identify and explain the technical hypothesis and judgement criteria used in evaluation • The source, technical basis & relationship of each hypotheses and criterion known to the incident.

  15. ASTM 678 Evaluation cont’d • Evaluation Techniques • Record of analysis and deduction shall be reasoned and traceable. • Quantified to the extent feasible (quantity vs quality) • Probability estimates are not acceptable until confidence limits have been calculated and confirmed.

  16. 4.3 Opinions and Conclusions • The report shall contain all of the technical opinions and conclusions rendered by the expert concerning the purpose for which the expert was engaged. • The report shall contain the logic and reasoning of the expert by which each of the opinions and conclusions were reached. • 4.4 Signature • The report shall contain the signature of each person who has rendered a joint or separate opinion contained in the report. A professional seal should be used, if applicable.

  17. 4.5 The experts qualifications may be included with the report, if requested. 4.6 Formats 4.6.1 In some jurisdictions, the format and content of the report may be specified by court rules (i.e., The Federal Rules of Civil Procedure). 4.7 Appendix: An appendix may be used in connection with the report. The appendix may contain tables, graphs, charts, photos, drawings, test results or data, and other appropriate information pertinent to the opinion.

  18. ASTM E 678 • Standard Practice for • Evaluation of Scientific or Technical Data • Scope. This practice establishes criteria for evaluating scientific and technical data, and other relevant considerations, which constitute acceptable bases for forming scientific or technical expert opinions.

  19. Significance and Use • 3.1 Persons engaged in forensic investigations are responsible for identifying significant data. They then analyze and correlate the data and report conclusions and opinions. These opinions should be supported by data and reported in a form that is understandable to the layman familiar with the incident, and capable of being evaluated by knowledgeable scientist, engineers, or investigators. • 3.2 This practice is intended to serve as a guideline for the scientific or technical expert in conducting an investigation, which includes analyzing and evaluating facts.

  20. Evaluation Procedure • 4.1.1 Define the Problem Being Considered: The definition should include: • The allegation(s) made • The scientific or technical issues being addressed • The relationship between the allegation(s) and the scientific or technical issue(s) • The relationship(s) between the scientific or technical issue(s) and the incident(s) to which the allegation(s) refer

  21. 4.1.2 Identification and Validity of Hypotheses 4.1.2.1 State and, if necessary, explain scientific or technical hypotheses and judgmental criteria used in evaluation. Specify the: • source • scientific or technical basis • relationship of each hypotheses and criterion to known incident data. 4.1.2.2 Address the relative scientific or technical merits of alternate hypotheses supported by the available data.

  22. 4.1.3 Evaluation Techniques: • 4.1.3.1 Prepare and maintain a logical and traceable record of analysis and deduction. • 5. Data for Evaluation. The evaluation process is based on the information collected and is intended to determine the most logical or reasonable explanation of the incident, accounting for all significant data. • 5.1.1 Examples of data include: • Observed or reconstructed objects or events • Physical characteristics of persons, things, conditions • Dates, times, and locations • Physical injuries to persons/ damage to objects • Product information and conditions of use

  23. 5.1.2 Identification of source of data- Sources may be categorized as: Testimonial (statements, depositions, etc.) Documentary (reports, literature, drawings, photos, etc.) Physical (specimens, samples, etc.) 5.1.3 Validity of Data- Data may be subject to question unless generated by established procedures and accepted methods. 5.1.4 Relevance of Data- Reconstructing an historical event, investigator is likely to observe more than is pertinent to the reconstruction. Professional judgement required to assess whether data is relevant.

  24. 6. Opinions. Opinions should be formed or conclusions drawn only after the data have been evaluated. Opinions or conclusions must account for all known relevant facts related to the incident and be consistent with accepted scientific and logical principles. “During our examination, we developed, tested, and rejected various hypotheses concerning the fire cause. They included, but are not limited to ….” “We developed, tested, and accepted a working hypothesis, that the area of origin was …. The fire cause* was………” *The circumstances, conditions, or agencies that bring together a fuel, ignition source, and oxidizer (such as air or oxygen) resulting in a fire or a combustion explosion.

  25. NFPA 921 (2017 Ed.) • 16.5 Reports. The purpose of a report is to effectively communicate the observations, analyses, and conclusions made during an investigation. • 16.5.3 Descriptive Information. Generally, reports should contain the following information, preferably in the introduction: • Date, time, and location of incident. • Date and location of the examination. • Date the report was prepared. • Name of the person or entity requesting the report. • The scope of the investigation (tasks completed). • Nature of the report (preliminary, interim, final, summary, supplementary). • Name of person(s) preparing the report

  26. 16.5.5 Pertinent Facts. A description of the incident scene, items examined, and evidence collected should be provided. The report should contain observations and information relevant to the opinions. Photographs, diagrams, and laboratory reports may be referenced. 16.5.4 Opinions and Conclusions. The report should contain the opinions and conclusions rendered by the investigator. The reports should also contain the foundation(s) on which the opinions and conclusions are based. The name, address, and affiliation of each person who has rendered an opinion contained in the report should be provided.

  27. 12.4.2.4 Reports. The Federal Rules of Civil Procedure (Rule 26A) and some state courts may require that experts who will be called as trial witnesses prepare reports, which may form the basis for cross-examination during the witnesses deposition. These reports contain the following information: A list of materials reviewed and investigative activities conducted A list of opinions the expert expects to express at trial The basis for those opinions A list of publications by the expert within the last ten years A list of testimony given either at trial or deposition in the last four years The compensation the witness receives for his or her work

  28. Tips for Sound Reports • Do not include speculative or unsubstantiated information in your report. • Use proper terminology instead of slang (recessed light fixture, not “can” light) • Use quotation marks only for quotes, not when you paraphrase a statement. • Use proper punctuation and please avoid using a colon (:) or semi-colon (;) • Avoid slang words- such as “burnt” (burned is correct)

  29. Avoid overuse of conjunctions like “whereas” (use two sentences for clarity) • Use definitive words like “is / was”, not vague words like “appears” Be positive in your statement of facts. (Never use appears unless a genie is involved). • Use positive descriptions instead of negative descriptions (not damaged vs. no visible damage) • Use near, at, or adjacent to, not along the wall unless it is a wire or snake • Avoid ending a sentence with a preposition • Words have meanings.

  30. A preposition generally goes before its noun or pronoun. DO NOT END A SENTENCE WITH A PREPOSITION!

  31. Do Not Use Contractions!

  32. Make report easy to read

  33. Consider Using Macro Program to Footnote Reports Download free macro player/program Add NFPA 921 Definitions and/or other acceptable definitions to program When writing report, type dot(.) then the word The definition and footnote will automatically populate. For multiple definitions (fire) , a menu will appear and then select the proper one.

  34. Avoid NW, SE, etc. Orient the property early in your report (N) and then be consistent. • Organize your report to reflect the Scientific Method. • Use photographs to reflect the SM was followed. • Explain deviations. • Exigent circumstances • Department policies • Report Chronologically. • Avoid Expectation and Confirmation Bias. • Stay within the scope of assignment. • Do not confuse fire cause and fire classification NFPA 921, 20.1). • Be positive (confident) in your opinion. • Check list(s) are not a substitute for a report. • Use them for thoroughness, consistency, and completeness.

  35. Suggested Language • “The exact cause of the fire is undetermined. We can re-evaluate our opinion should additional information become available.” • “We cannot eliminate nor confirm a failure of the appliance. We recommend the use of an engineer to conduct a forensic analysis of the appliance.” • “We were not authorized to engage an engineer for forensic analysis of the appliance.” • “We collected several items of evidence (see Evidence Routing Form attached.) NFPA 921 and ASTM standards contain recommendations and requirements for the collection, control and custody for items of evidence. We recommend storage of the collected evidence.”

  36. “We conducted a systematic fire investigation utilizing the scientific method consistent with NFPA 921.” • “The examination was made from the exterior to the interior. It was also made from areas of least to most fire damage.” • “During our examination we, developed, tested, and rejected various hypotheses concerning the cause of the fire. They included but are not limited to, a failure of the……….” • “We developed, tested, and accepted a working hypothesis that the point of origin was ……” • “The ignition source of the fire was the ……….which ignited ………and spread to the………….”

  37. REPORT REMINDERS We are the fire origin and causation experts. We always use the Scientific Method. We must be the hardest person to convince of the fire cause. When we believe it, it becomes our truth. When you testify, the truth has a ring to it and the jurors believe it. Do a thorough job even when it appears simple or obvious (tunnel vision-Expectation Bias). Always stay within the scope of your examination; think about what you are writing. Follow the scientific method and use your photographs to describe the fire scene.

  38. REPORT REMINDERS When there are two or more equally possible fire causes, the classification must be “undetermined pending further information”. Be cognizant of the fact that there is a difference between fire cause and fire classification. Do not make your audience “work” while reading your report. Use clarifying language and include details even if they are provided on your cover sheet. Remember that your audience was not there and requires full information to understand what happened. Use a consistent format, department-wide. No jargon, no abbreviations, no shortcuts.

  39. Donna R. Ingram, Training Director R. Kirk Hankins, IAAI-CFI, FIFireE, IAAI-CI 913-262-5200

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