Forklift versus Pedestrian Worker Scenario
The general rule is to handle the scene first. Life always takes precedence. So this would entail several steps that are either concurrent or conducted as the situation warrants. This would include sounding any alarm and summoning the appropriate level of aid and assisting agencies, to include assigning someone to perform this vital step. Continuing with the scene duties include:
Assessing the scene for rescuer and secondary safety,
Assessing injured persons and prioritizing and delivering appropriate aid
Identifying involved persons,
Preserving the scene and evidence,
Restoring prior conditions as much as possible, and
Beginning the investigational practice.
In general, interviewing involved persons begins with the most objective persons first, but this can be violated with justification. Justifications might include getting initial facts from an injured person while possible, timeliness in some situations, in order to preserve evidence, or moral reasons. In this scenario an untimely notification to you the safety manager presents a moral dilemma. The injured person is and has been at the hospital for some time and the main witness, Bryan Workman, is at work and will continue to be at work. Furthermore, he can be asked to remain there until you have time to speak with him. Therefore, you elect to arrive at the hospital first and make initial contact with Tina Davis.
When you arrive Tina is lying in an emergency room in a bed. She is looking away at the wall and seems to be upset.
You: (knocking on the doorframe) Tina, Its ___________. I got here as fast as I could. Are you okay?
Tina: Turns and says, “not so much now.”
You: Can I come in a minute?
Tina: Please. I need to make sure that the kids are able to get up for school.
You: I can call for you or you can borrow my phone. But I can help.
Tina: Well, after they get off to school, how will I get home? I mean I cant drive.
You: Don’t worry. If your husband cant come here, I can take you. But relax. I will be here to help you. Let me worry about these things.
(You called Robert, her husband and notified him. She also spoke to him on your phone. Her husband Robert will come to the hospital and the children will go to school with the neighbor.)
Section 1 Questions (10 pts)
Question 1: Tina is what class of involved person at this stage? (2 pts)
- Witness B Victim C Injured Person D Person of Focus
Question 2: What steps of interviewing the correct class of person has occurred in the above exchange? (2 pts)
- Obtaining a baseline B. Introduction C. Appreciation D. Showing personal concern & taking care of pressing needs
Question 3: What type of approach would you use to ask about the incident?(2pts)
- Guilt B Innocence C Neutral D B or C
Question 4: If the injured person began to blame you or get angry what would be an appropriate response? (2 pts)
- Let them vent on you B. Explain why this is not the case C. Point out their involvement
Question 5: If the injured person began to blame themselves what would be the appropriate response? (2 pts)
- Agree with their assessment B. Minimize their self-blame C. Take the blame yourself
You: Tina, can you tell me what happened?
Tina: I don’t know. I walked in to the parts inspection table after clocking in and as I sat my bag down beneath it, I stood up and got hit from behind. The pain was immediate. I think I screamed a little.
You: Did you see or know what hit you?
Tina: I cant believe David hit me. I know he wouldn’t mean it. But yeah, somehow I knew it was a forklift.
( A doctor interrupts and says that they need to put a cast on Tina’s ankle. The nurse confirms that the ankle has a break, but does not need to be set. Tina’s husband has also arrived. You elect to end the initial contact.)
Section 2 Questions: (8 pts)
Question 1: What would be your concern in ending this initial interview? (2 pts)
- Leave contact information, explain the next steps to Tina and her Husband, offer resources, and set up for a follow up conversation.
- A long delay may prevent her recall of facts
- She may have time to change her story
- You need to inform her of the causal analysis and talk about return to work
Question 2: When Tina answered about what hit her, what mental state and behavior pattern is this indicative of? (6pts)
Section 3: (16 pts)
You now arrive at the plant and speak with witness, Bryan Workman.
Question 1: When you first contact Bryan it is most important to: (2 pts)
- Introduce yourself B. Let him know how important his story is and appreciate his patience and taking time to talk with you C. Inform him of the status of the injured person
You ask: Bryan, how long have you worked here and how well do you know Tina?
Question 2: What is wrong with the above line of questioning? (2pts)
- It asks two questions at once B. It precedes any rapport C. The person may focus on only one question D. Both A and C
You assess that Bryan has only worked here for about two weeks and does not know the other involved persons other than this incident and seeing them at work.
You: Bryan can you tell me what happened?
Bryan: Well, Tina was standing at the table. David was pushing a parts bin and pushed it into the back of her legs. I ran over and yelled for help. That’s when Tony came over and told me to call 911 and announce code red in the parts inspection area.
You: Bryan, where were you?
Bryan: I was walking back to the shipping area where I was to work. You know the aisle across from where it happened.
You: Yes I know about where. What first got your attention and made you look over?
Bryan: I heard the forklift rev and get loud suddenly.
You: Did you notice the forklift operator and what he was doing?
Bryan: Well, he was looking straight ahead.
You: Was he taking a drink? Was he looking away or at a cell phone?
Bryan: No.
You: Bryan I am trying to make sense of how he did not see her or how this could have happened.
Bryan: I am not sure how it happened, just about what I saw.
You: How far away from Tina was the parts bin.
Bryan: About 6 feet, maybe a little more.
You: Bryan, let me make sure I have understood you correctly. You were walking in the aisle across from the inspection table. You then heard the forklift rev up. When you turned around, the bin was about 6 feet from Tina.
Bryan: That’s right. Then the forklift pushed the parts bin into Tina.
Bryan takes you at your suggestion to the area and walks you through his story again and points out where items were in relation to each other. See Exhibit 1 for a sketch of what he demonstrated.
Question 3: What is the main discrepancy in the witness account and what you would view as reasonable? (4 pts)
- The forklift operator appeared to be attentive B. The parts bin was pretty far from Tina
C. The forklift revved up D. All of the above
Reflection Question 4: What must you confirm or deny as an investigator at this point? (8pts)
Next you speak with Supervisor Anthony “Tony” Dixon. Tony is a witness but also an assistant investigator. He is a key advocate. You concentrate on the primary incident of the forklift striking Tina. If you created conflict with Tony over the timeliness of reporting, before the incident had been fully investigated you would run the risk of not getting his cooperation.
You: Tony, I guess you have had a really hard night. Thanks for handling this.
Tony: I did my best.
You: What do you know about this?
Tony: Well, I heard Tina scream. I mean I didn’t know it was Tina until I could see that she was pinned to the table by the parts bin and forklift. I told Bryan, the new guy, to call 911. I went over to her, told David to back up the forklift, and I and Donna Mayfield laid her down on the floor. I cut off her pant leg and boot and we placed a brace on it to immobilize her ankle. It was swollen and she was moving around.
You: So you did not see the forklift hit her?
Tony: No. The only person to see this was Bryan. I told him not to discuss this anyone but you and you would get with him before he left work.
You: Tony, do you know anything about Tina and David how well they work together or anything about their relationship?
Tony: Well, they seem to hang around each other a lot and talk.
You: Tony, keep working with me on this. I need to talk to David next.
It is time to make initial contact with David, the person of focus. David is to be classified more as a suspect at this point due to potential misconduct. (possible intentional act, possible failure to follow procedure, reckless conduct)
1. You: David, thanks for coming into the office to speak with me. How long have you been a forklift operator?
2. David: A while.
3. You: (after a review of training records/safety incidents) Well, you have been a safe operator. This is the first event you have been involved in as far as I can tell.
4. David: That’s right. I do take safety seriously. I never meant to hurt Tina. Will I be fired over this?
5. You: David, tell me what happened.
6. David: I was in a hurry. I was going back to the dock to load a truck. I saw that the parts bin needed to be moved closer to the table and I was moving it closer when she just stepped right in front of me. I didn’t even see her until it was too late.
7. You: Is this the established procedure?
8. David: You know it isn’t (aggravated).
9. You: So why did you not wait until she called you over to move it and could direct you?
10. David: I was trying to help. Don’t you think I feel bad!? You sit in the office and criticize workers for when they make a mistake! But you aren’t capable of operating a forklift in a factory where everyone wants you to be fast and get things done on time (angrily)
11. You: David I have to investigate this for cause so that we don’t have it happen again.
12.David: So blaming me is real convenient isn’t it? (loudly with anger)
13. You: Its not about blame…..
14. David: (interrupting you) Well then why aren’t you looking at why the floor guard is not in place and why Tina would blindly walk in front of a forklift in a work area?
15. You: Well I certainly will. Let me have a little time to look at these issues and I will have to talk with you about this again later. One last thing for now though, can you tell me about how you and Tina get along?
16. David: Well we work together. I don’t have an issue with her. I would never hit her on purpose.
Section 4 Questions: (12 pts)
Question 1: Assessing the initial contact with David, describe what mental state or states are being exhibited: (12 pts)
In line 10: Is it consistent with innocence or guilt?
In lines 12 & 14: Is it consistent with innocence or guilt?
In line 16: Is it consistent with innocence or guilt?
( Hint: base it on evidence you already have)
A few minutes later Pam Davis (coatings line supervisor) comes to see you.
Pam: I heard about Tina.
You: Yeah, I think she will be okay though. I am going to call her this evening to see how she is doing.
Pam: Well I didn’t think anything about it at the time. But last week I saw Tina and David in the parking lot. At first I thought they were arguing. I went over and asked Tina what was wrong. She had been crying. She said it was nothing that she was just telling David about a personal problem. They then went to their vehicles. I went to work.
You: Why are you telling me this now?
Pam: Well I just thought it was odd and you should know.
You: Do you think there is more to it? What do you know about their relationship?
Pam: I think they are close. There are rumors you know—but that’s all.
You: What kind of rumors?
Pam: Look I don’t want to get involved any more than this. I have just heard stuff. So look into it. (Pam quickly leaves)
You now speak with Donna Mayfield as she works side by side with Tina.
You: Donna, I really need your help on this incident.
Donna: I know. It’s bad isn’t it?
You: I think Tina will be fine and I think we can help her.
Section 5 Question: (10 pts)
Reflection:
Why is the investigator establishing criticality in Donna’s help and in effort to help her friend? ( 10 pts)
Donna: Okay, what do you want from me?
You: Donna, thanks for helping her and helping Tony give first aid. Does Tina ever talk about David?
Donna: (surprised by the question) Well, sometimes. I don’t really get involved in it.
You: In what?
Donna: I work with her every day, I cant tell you what she tells me in confidence.
You: Donna, we have to help her. Tell me about her relationship with David? I will not tell anyone what you tell me unless I had too. But if she is a friend, help her.
Section 6: ( 14 pts)
As the investigator you have some discrepancies to explore that are not reasonable.
- The witness says the distance that the forklift pushed the parts was 6 feet.
- Witness also says that he heard the engine rev up, turn to see the forklift push the parts into Tina’s back/legs.
- Witness did not indicate any distraction or reason for not seeing Tina.
- Pam Davis, a supervisor, reported a suspicious circumstance and possible evidence of a personal issue between Tina and David.
You must rule out purposeful conduct. Currently it is not adding up to be a reasonable incident. David is a competent forklift operator. You had procedures established. Witness testimony is credible. You also have evidence of a motive for David to be angry with Tina. The case is building, but not yet at a level of probable cause to believe an intentional assault occurred. When we do have probable cause it is a duty to notify local law enforcement. So you decide to conduct a follow up with Tina.
Tina is the logical choice to interview first, rather than David. Tina would be more likely to tell the truth since she is most innocent in this situation and more of a victim.
Since we are going to confront Tina about a relationship with David that is possibly an extra marital affair, the conversation will be an interrogation.
You call and set up a time to speak with her. She can now come into your office since it has been two days and she now has crutches. Her Family is waiting in a conference room.
- You: Thanks for coming in Tina. I thought it best if we talk privately. Tell me about your children.
- Tina tells you about how well her youngest girl is doing in third grade and is going to try playing baseball this year.
- You: Well make sure that they understand that Mom is going to be safe at work and not to worry. These things impact the children as well.
Question 1: In lines 1 through 3 what stage of interrogation is being conducted. ( 2pts )
- Introduction B. Baseline C. Theme D. Confession
- You: How is the ankle?
- Tina: Sore. I have my hours turned around too. The medication and now losing sleep. This whole ordeal has me upset and I am worried about coming back to work.
Question 2: Although this is not yet a pattern, what mental state or states are likely exhibited here? ( 2pts)
- Acceptance B. Bargaining and/or Acceptance C. Depression and/or Bargaining
- You: Tina, tell me about your relationship with David?
- Tina: (surprised) We are just friends. Why are worried about me and David?
Question 3: What mental state is being exhibited and is it of innocence or guilt? ( 2pts)
- Depression B. Denial and Bargaining C. Acceptance D. Anger
Innocence Guilt
- You: What was the argument over last week?
- Tina: I was just telling him about a personal…..(you interrupt)
- You: Tina, its more than that.
- Tina: She looks down, sighs, in a broken voice says, I cant believe this is happening.
- You: Tina, I need the truth in order to protect you.
- Tina: Am I going to lose my job over this?
- You: Not if you are honest. I am trying to protect you here. You are the one who was injured. Thankfully it was minor this time.
- Tina: I ended the affair last week. It was a mistake. I don’t want this ruining my Family.
- You: Tina I am not going to tell your husband. Your testimony to me is private. Has he threatened you?
- Tina: No. But he was angry over it.
Question 4: What mental states did Tina exhibit in the exchange? Match the mental state to the line number. ( 8 pts)
- Anger B. Depression C. Denial D. Bargaining E. Acceptance
Then indicate innocence or guilt for the behavior pattern
Line 9:
Line 11:
Line 15:
Section 7: (34 pts)
Examine a possible exchange with David. Answer any question below a line of exchange.
Line 1: You: David tell me about your relationship with Tina?
Question 1: What stage of interrogation is this question? (2pts)
Line 2: David: Just friends.
Question 2: What mental state is this and is it consistent with innocent or guilty behavior. (4 pts)
Line 3: You: What did you argue about last week in the parking lot?
Question 3: What stage of interrogation is this line of exchange? (2 pts)
Line 4: David: Well you must know about us! What did she say? Did she say I did this on purpose?
Question 4: What mental state is this and is it consistent with innocent or guilty behavior? (4 pts)
Line 5: You: Hey look I know how it can be. A lady leads you on, it becomes more than a fling, and then she ends it.
Line 6: David: I am not the only one here. It looks bad but I did not hit her on purpose. What about her walking in front of me? She has to pay attention too.
Question 5: What mental state is this and is it consistent with innocent or guilty behavior? (4 pts)
Line 7: You: David, everyone says the parts were too far away for this to be an accident. You even sped up!
Question 6: What stage of interrogation is this? (2 pts)
Line 8: David: Whats going to happen here? I swear on my Mom’s grave I didn’t hit her on purpose. Is that what you want me to say? That I hit her on purpose!
Question 7: What mental state is this and is it consistent with innocent or guilty behavior? (4pts)
Line 9: You: I want you to tell me the truth.
Line 10: David: What are you going to do about this?
Question 8: What mental state is this and is it consistent with innocent or guilty behavior? (4pts)
David is agitated and gets up and leaves your office. As he is walking out he screams: I quit.
Reflection Questions (9 & 10):
What is the next step for the company? (4pts)
Does this case need to be reported to local law enforcement and if so, what action should the company take pending the outcome of a criminal investigation? (4 pts)
