Document kD4MJ8JVK682wVpZQkmM1x9KE

To: Eric T. Schneiderman[nysag@ag.ny.gov]; Sherman Bill (ATG)[bill.sherman@atg.wa.gov]; Nick Persampieri[nick.persampieri@vermont.gov]; Watson Laura (ATG)[lauraw2@atg.wa.gov]; andrea.baker@maryland.gov[andrea.baker@maryland.gov]; Goldberg Andy (AGO)[andy.goldberg@state.ma.us]; Martinez Michael 0. (ENRD)[michael.c.martinez@usdoj.gov]; Erica Zilioli[Erica.Zilioli@usdoj.gov]; Pruitt, Scott[Pruitt.Scott@epa.gov]; sectyrodriquez@calepa.ca.gov[sectyrodriquez@calepa.ca.gov]; secretary@resources.ca.gov[secretary@resources.ca.gov]; brian.Ieahy@cdpr.ca.gov[brian. Ieahy@cdpr.ca.gov]; lemuel.srolovic@ag.ny.gov[lemuel.srolovic@ag.ny.gov]; maureen.leary@ag.ny.gov[maureen.Ieary@ag.ny.gov]; Estrada, Fabiola[Estrada.Fabiola@epa.gov]; Rodriguez, RobertofRodriguez.Roberto@epa.gov]; Bowles, Jack[Bowles.Jack@epa.gov]; Davis, Patrick[davis.patrick@epa.gov]; Hope, Brian[Hope.Brian@epa.gov]; Minoli, Kevin[Minoli.Kevin@epa.gov]; Richardson, RobinHfRichardson.RobinH@epa.gov]; Wagner, Kenneth[wagner.kenneth@epa.gov]; Jackson, Ryan[jackson.ryan@epa.gov]; laura.nicholson@sen.ca.gov[laura.nicholson@sen.ca.gov]; Amanda Hopper[ahopper@co.sutter.ca.us]; Ron Sullenger[rsullenger@co.sutter.ca.us]; Assemblymember Gallagher[assemblymember.gallagher@assembly.ca.gov] From: will rogers Sent: Fri 9/1/2017 3:25:20 PM Subject: Fw: Ail Relevant Evidence Investigation Manual 011 .jpg Investigation Manual 010.jpg Investigation Manual 009.jpg Investigation Manual 008.jpg Investigation Manual 007.jpg Investigation Manual 006.jpg Investigation Manual 005.jpg Investigation Manual 004.ipg Investigation Manual 003.jpg Investigation Manual 002.jpg Investigation Manual 001 .jpg Investigation Manual 012.jpg The CDPR Pesticide Investigation Manual states:" The investigation report must include ALL relevant evidence" which Sutter County CAC did not do but its also wrong for all of you not to include all relevant evidence in your lawsuits and reviews by excluding all the material regarding Sutter County CAC botching our investigation / report by not including all relevant evidence and then CAC and CDPR making excuses and false I misleading statements during a recorded meeting for botching our investigation and report. The decision makers should see / hear all the relevant evidence regarding Chlorpyrifos use, exposes and etc including the recorded meeting so they can make the best decision. Don't cheat justice by excluding relevant evidence. Will Rogers -- Forwarded Message -- From: will rogers <willgrogers@yahoo.com> To: Amanda Hopper <ahopper@co.sutter.ca.us> Sent: Tuesday, February 3, 2015 5:33 AM Subject: All Relevant Evidence CDPR Investigation Manual states: "The investigative report must include ALL relevant evidence." Bowden obviously didn't do that when he investigated and reported on the Jones Aviation pesticide drift on 17cv1906 Sierra Club v. EPA ED_001523_00000475-00001 Sept 19th 2014. Will 17cv1906 Sierra Club v. EPA ED_001523_00000475-00002 Remarks: See Standard NamUixe [format" under section IV (V) to facilitate well-organized and informative investigative reports. W ithin the narrative report, include all available information obtained during the investigation (see section II for information to include). . . Remember, even negativerfindings have a bearing on the case. In-addition, negative : , findings demonstrate a thorough investigation. I .ack of this kind of information implies the investigator failed to examine aspects of the episode not covered in the written report. ReportPrepai-cd By & Report Rev iewed Approx ed By See instructions for PR-LNF-127. 3. Episode Witness/Injured/Complainant Report (PR-ENF-I27B) I se the following as a guide when completing the I pisode W itness Injured Complainant supplement (PR-L\l -127lhofthe Pesticide Episode Inxesligation Report. I se this report form to record information about other people inxolxed in the episode. A face sheet (PR-E\I -127) must be submitted xxith the report exen when using this form. The Witness. Injured, Complainant section must be completed for each injured person. I or ' the first person identified, complete this information on the lace sheet. All other people ,. should be put on the Episode Witness 'Injured Complaint form (PR-EXF-127B). DPR w ill return Pesticide Episode Investigation Reports submitted Without this section completed -for those injured. : Page: Indicate where in the sequence of the report this sheet is located. [or all other sections of this form, referto the corresponding instructions for PR-FXI -127. 4. Episode Site Diagram (PRF427C) . L'se the following information as a guide when completing the EpisodefoiteJTiagram supplement (PR-F.NF-127C) ofW Pesticide Episode hit estimation Report. iOccumaicei See instructions for PR-EMF-127A. Np,, Counts of Occurrence & Date of C . SjMQjagram: Draw or sketch a dear diagram or map of the area that shows all pertinent information. Be sure to indicate the direction and all pertinent landmarks. For episodes occurring on farms, field maps shoxx mg the fields can be substituted. .. Legend and Comments: Include any information that will make the map readable. Report Prepared By & Report Rexicwed Approved By: See instructions for PR-ENF-127. January &/26 67 17cv1906 Sierra Club v. EPA ED_001523_00000476-00001 Private C itizen Exposed to Pesticide Drift 1. When did the exposure occur? O .. , '' 1 2. Where did the exposure occur? z 3. Did y ou smell, see. taste, or feci any thio/unusnal during or after exposure? 4. What did it smell, taste, or feel like? W ? ' , X Did you see any pesticide application taking place nearby? 6. Where did the application occur? ' 7. What was the distance between yo and the application? ' ' 8. Describe the application equipment. / 9. Describe the weather conditions on that day. 10. When did sou start feeling sick? 11. What were tour symptoms? 12 How long did your symptoms last? 13. Did you seek medical attemioti? Where? When? 14. Did you notify anyone of the problem? Who? 15 . Do you know if anyone else was exposed? 16. Do you know ifthey sought medical attention? : e. Private Citizen Exposed to Pesticide Residue 1. When did the exposure occur? ' 2, Where did the exposure occur? 3. Was a pesticide application made on or near the property? 4. What pesticides were applied? 5. Who made the application'? 6. When was it made? 7. Where was it made? 8. Did you smell or taste anything unusual? 9. When did you first notice the unusual smell or taste? i 10. What did it smell or taste like? 11. When did sou start feeling ill? 12. What were your symptoms? J 3. I low long did your symptoms last? 14. Did you seek medical attention? W hen? W here? 15. Do you know if anyone else was exposed'? 16. Did you notify anyone ofthe problem? Who? ' ' * January 6,20S 86 17cv1906 Sierra Club v. EPA ED_001523_00000477-00001 Communication and cooperation between the two jurisdictions is critical. DPR and US EPA should be involved whenever appropriate. Consult with y our EBL whenever there is a cross jurisdictional episode. T, investigative Plan Start Promptly .. ... . Initiate investigations promptly upon notification of an episode. Do not wait for a physician's report or written complaint. The physician may not file a report own though Health and Safety Code section 105200 requires tt. Prompt initiation reduces the amount of investigative time needed to locate and inten iew people directly or indirectly involved in the episode, especially when the episode involves migratory seasonal workers. Early witness contact improves the tactual information obtained for the inwstigatixe report. Formulate Plan ... . ..... .. Before starting the investigation, the investigator should formulate a general investigative plan based upon the initial inlbrmation provided in documents such as the PIR, DFROII. and Pesticide Episode Notification Record, or the complaint referral. The investigative plan should focus on the circumstances of the episode and any potential violations, as well as. the kinds of evidence heeded to prove the violations. In developing the plan, the investigator must consider such things as type of episode, priority status, elapsed time since occurrence, collection of evidence, and resourceslneeded. The investigato c plan should briefly : 1. List the potential violations by element. ..... .... . 2. List persons who need to be inters iewed (by rok. e.g.. applicator, supen isor. injured person, bystander, etc.). 3. List the type and number of samples to be collected. .. - 4. List other evidence necessary to prove particular elements of violations (e.g.. Restricted Materials Permit. Notice(s) of Intent (NOD. and Pesticide Use ReporKsi. training records, diagrams, photographs, etc.). . 5. List probable inspection acth ties (e.g.. headquarters inspection). 6. Summarize the findings of fact to date, and planned activities. 7, List of persons who need to be provided with periodic updates. .... 8. Address agreements with other agencies and legal mandates Amend the Plan Vs the investigation proceeds, amend the plan as you gather new evidence. An up-to-date plan usually has all of the information necessary to provide preliminary findings of the priority episode investigation to the regional offices within 15 days of notification. To determine current safety conditions, consider performing appropriate inspections in conjunction with the investigation. Jmiary 6, 7 ifsWtdtw Si L y loi 17cv1906 Sierra Club v. EPA ED_001523 00000478-00001 Symptoms. Do not assumeihejnfomratkH^^ Ask the affected person what symptoms he she experienced. How much time elapsed between exposure and the onset of sy niploms? When more than one person is involved in an episode, record each individual's symptoms separately . I ach person may react differently to similar exposures. Medical care. Determine if the employer or supervisor had the employee taken to an appropriate medical care facility in a timely manner as required by 3CCR section 6726. Did the employee refuse to be taken for medical care? 1 low much time elapsed between onset of symptoms and medical treatment? What treatment was provided to the victim? Were medical tests completed? If so, what were the results? Was medical supervision required? If so. were the regulatory requirements and physician's recommendations followed? If not, document what tests were required, but not performed and 'or what recommendations were not followed. I 'or cases involving lowered cholinesterase levels^ was the employer required to investigate the employee's work practices pursuant to 3CCR section 6728t d)? If the employer conducted a work practices investigation, include a copy of the report with your investigation. . Medical Records. For all priority human effects episodes, obtain the medical records and attach them to the investigative report. Fornon-priority human episodes, obtain the medical records if you believe they may provide-necessary information relevant to the episode. Medical records, especially relevant test results, often play a critical role in evaluating the illness. To obtain medical records, take a Medical Information Wh-l Authorization form (PR-ENF-133 (Lnglishloc PR-EXF-I33x (Spanish)} for release of medical records and get it signed, by the v ictim. at the time of the inters iew. If you are unable to obtain the medical records, contact WH&S for assistance. If the records are not /attached, document tereasonfs) in the-investigative report. . rirB For episodes involving eholinesterase-inhibiting pesticides where the physician requested cholinesterase testing, obtain a copy of the laboratory test results, including the laboratory normal range tor each test, and any baseline or prior cholinesterase tests available. Application method and application equipment. Describe how the pesticides) was applied. What type of equipment the spec! lie) was used? \ote items such as air or ground equipment, boom placement on the spray rig. type and effectiveness of closed system usedj type of cab on the tractor, air conditioning or filtering System in use on enclosed cabs, type of hand-held application device, use of electrostatic spray equipment, etc. Is the equipment well-maintained and has it been calibrated? \\ hat is the size of the nozzle orifice? Evaluation of drift and residue (field and structural) episodes especially benefit from this type of information. ' ("I tit' 17cv1906 Sierra Club v. EPA ED_001523_00000479-00001 6. Sample Site a. Evaluate the Site .Along with vour review of inten iew notes and records, evaluate the episode site to provide a better picture of what happened. Get a complete \ iew of the episode site. I his will beiflwbasis-fbrthe^ diagram, ifemeinbetnot fo-containinate-yourself walking through the treated area. b. Diagrams Record the following on the episode diagram: episode site, treatment site, landmarks such as buildings and roads, crops and their acreage location of witnesses. sample sites and numbers, and the site and direction of photographs. Diagrarns sfouM indicate the " 1 . aliniensions and orientation. Other useful information is row orientation of the field, wind directiomapplication pattern and direction. Remember, the person reading your report may not be'familiar with the situation. Diagrams and photographs are a ... great help in understanding local conditions. 7. Sampling Procedures a. General Information Different types of sample anahses (such as soil to grass) are difficult to compare. Similar materials should be used for comparison samples, such as in cases where . treated and untreated areas are to be compared. In drift cases, swab samples w ill yield a cleaner sample than foliage samples. Before entering a treated area, the inspector should determine what has been spraved whether a restricted entry interval or other reentry restriction is in effect and what PPE should be used. Mwavs wear new disposable gloves, the required PPE. and use luicontaminated tools for each sample. iFor multiple samples, wear new disposable- gloves foreach sample, . and decontaminate the tools between sampling. . ..... Collect samples in prev iouslv unused paper bags or clean glass jars. \ew jars do not need to be cleaned. Sample material should never come in contact with metal or plastic. Metal lids for glass jars should be lined with aluminum foil or I eilon . Generally, for each sample, collect a minimum of one pound1 of material per ...chemical-orscreen for the laboratory totanalyze, Ifsamples are underweight, they' .. may hot be analyzed, or analyzed for fewer chemicals than requested. (Exceptions: 1 Thelalwatoiyw ofmaterial foradfogranvtestforfe lOnepound or somewhat less than 500 grams (454.5 grams). ! he initial screening takes 50 grams. 1 lie confirmation check lakes 50 more grams lor ,i total of 1(H) grams. I he split samples for other laboratories to check I if requested) doubles that to 200 grams. Appro\im.itck 200 udtiiliotul grams are needed for the "Spiked for validation" tests. Spiking tests are a further method ofassuring the validitv of laboraton practices bv spiking the sample with a known amount of the pesticide in question. ...... .Lmu*'} ' 2t ,t. 3g 17cv1906 Sierra Club v. EPA ED_001523_00000480-00001 When collecting DI-'R samples, ah\tn s collect two to four samples from each field or sample site. DFR can he quite tai able throughout a field or sample site. 'I herefore, more than one sample from the site is required to get a good estimate of the residue. Collect the OFR samples from different areas ofthe sample site, noting the location of each sample on the Sample Analysis Report. For multiple analyses, sampling should be repeated as described above for cadi analysis or screen requested. Because ton cannot sample from the same area, collect duplicate samples adjacent to each other. The locations should always be the same size and of the same material . Use a separate jar for each duplicate sample per anahsis and idemifi w ith consecuthe numbers. 1'he duplicate samples should represent one sample site. Contact your EBL to determine if duplicate samples are necessan. ' # .. . _ , . .. . . .H II. Surface (S ah) Samples . ; Conduct surface or swab sampling to establish drift, uniform or partial contamination, or the presence of a pesticide on a surface. Surface samples can be taken indoors or out and in patterns, such as a grid or gradient, or in groups to support other sample analyses. Surface sampling should not be used to determ ine whether or not a hazard exists. Sample areas may van in size depending upon the estimated concentration of the contaminant. Direct application to a surface would require a smaller sample area than drill from greater distances. .As a general rule, sample a 500 cm square area (20 cm x 25 cm). Smooth "inert" surfaces, such as a windshield, are the preferred area to sample. However, follow the same methods fbr sainpling uneven surfaces Such asTugs, furniture, walls, walkways, or counters.................................................... i Prepare ahead of time-several same sized disposable templates from manila folders to use to delimit the area to he sampled. In situations where a template cannot be used, string, pins, or tape can be used for outlining the sample areas, . Sample each surface area using two sterile gauze pads orsheets-of sharkskin paper2 moistened with a solvent. I se gauze pads that are no larger than mo inches square. Fold the sharkskin sheets into quarters. To prevent contamination of the sharkskin . sheets, store two sheets in each of several sealed sandwich bags or within folded aluminum foil in sour sampling equipment. 2 Sharkskin pajk-r is used in the laboraton us filtering nuiteritil during the ttnahsis piocess. Il can be used as an ulleniative to cotton gau/c when sampling for residues of chlorpsrilbs or other organophosphate pesticides to reduce the likelihood of false posiliws from residues found in the cotton itself, fherc are various sizes of sharkskin paper. 15 cm. in.3 cm. and 18.5 cm. fhe sharkskin paper comes in boxes of 100 sheets. It can be purchased from E i K Scientific 1085 Horence \\ ay Campbell. C.V>5008 (telephone fOS-.wg.2013s or other kdw.itoij sttpph companies. Mkiuiy o,-wo 4| 17cv1906 Sierra Club v. EPA ED_001523_00000481 -00001 Isopropyl alcohol is typically used as the solvent, however,/distilled water-may be used when sampling for som^^ glyphosate or paraquat. Do not contaminate the solvent bv placing the gauze pad oxer the mouth of the solvent bottle. While wearing clean or disposable gloves, pour the solvent over the gauze paper without touching the bottle. A control sample must alwavs accompany swab samples. Take the control sample before entering the episode site. For the control sample, moisten two sterile gauze pads or sharkskin sheets as abov e w ith the same solv ent to be used for the actual sample and place them in a foil-sealed glass jar. . 'SeleCta samplesite. Try td avoid areas knowh/to contain waxes, -as-these may 7 1 interfere with the analysis. Tape the template to the surface area or carefullv measure and outline the area to be sampled. - Record the surface 'area and sample - location :dn the Sample Analysis Report, on the incident diagram, and in your investigative notes. Use a new disposable template for each sample area. I f string, pins, or tape are used instead of a disposable template, thev should be discarded before another Use. . Use two sterile gauze pads or sheets of folded sharkskin per sample. Moisten one pad orsheetwith solventas described-above. Wipe lightly horizontally across-the measured area w th the first pad or sheet, folding the contaminated portion . so that a dean surface of the pad or sheet is exposed to make another w ipe of the area, and continuing until the whole area has been wiped horizontally Place that pad sheet in a glass jar. \ loisten the second pad sheet w ith solv ent and w ipe the entire area again v erticallv with a dean surface. Place the second padsheet in the same jar as the first. If multiple analvses are required, the sampling should be repeated on samples from adjacent areas as described above for each analysis or screen requested. The locations should alwajs be the same size and of the same surface material. Use a separate jar for each duplicate sample per analysis and idem! fv with consecutive numbers. The duplicate samples should represent one sample site. Store thesampjes in therefrigeratoranil'ship-them, including the control, bn "Hue ice.** .. .. ... .. .. r iii. Clothing Samples ire " > 1 r '! - " Be selective when collecting clothing samples. Be sure the resulting data will be 1 1 '' useful in .the investigation..or for Coordinate with . . vour RBI. and \\ H&S for clothing samples collected for exposure assessment . pwposes. Generally clothing samples onh tell the investigator that a pesticide exposure occurred and possible the extent of the exposure, not whether the exposure ... resulted in a health hazard. Generally foliage or other samples are collected in conjunction with clothing samples. . jamfrw<K-2^ 42 17cv1906 Sierra Club v. EPA ED_001523_00000482-00001 Inform the people involved that the clothing will not be returned. To show consent, hve them sign a Release of Clothing form (see form DPR-071 in the Associated Forms section). Collect clothing only from people who were allegedly contaminated. Consideration must be given to the ty pe of incident involved. Garments, such as shoes, could be txjllected ifan applicatorwas allegedly exposed fo a pesticide because offailure to wear protective equipment. Shirts, scarves, or jackets could be collected if they were exposed to pesticide drift. Clothing samples are usually collected away from the episode site. The best results tire obtained when the clothing is clean al the start of the day and should be collected the day of the episode (or the next day and ensure it was not washed). Document what is known about the clothing. Do not collect the clothing if it has been washed. unless special circumstances dictate sampling. ... If the affected area of the clothing is known, the investigator should note that on the Sample Analysis Report. Place each sample in a clean, unused paper bag to prevent cross-contamination. then place the bagged samples in properly sealed plastic bags for shipment. Chill the samples as they are collected. If rhe samples cannot be shipped immediately, store the samples in the freezer. See section page 54 for shipping directions. ' ' . . ' , ( ''y '' , iv. Soil Samples Some pesticides arc difiieult to detect in the soil, and oftentimes other sample types yield more useful information. Contact your FBI. regarding the appropriateness of _ taking soil samples. If soil samples are appropriate, usually one or two soil samples from the most affected area are sufficient, in conjunction with other sample types. Soil samples, however, may be taken in a grid or gradient pattern when other sample , types are notpossible or appropriate. t a. SurffceSoilJajnging' Surface soil samples are best lor misapplication of herbicides and soil-applied : insecticides and ean be used to prove an area was oontatm^ Tor pesticides incorporated or otherwise located below the soil surface, take Subsurface samples, as described later. ... r ( , r ttwei trie a clean spatula, trowel, or other tool to scrape the surface soil down to a depth of one-half inch. Each sample site should represent approximately a two to font . fool square (i.e.. I to 16 ft.' area), depending on the size of the episode site, the concentration of the pesticide residues, and the number of analyses required. Collect approximately one pound of soil per analysis or screen from the top half inch of soil and place in a clean. labeled one-quart glass jar sealed with a Teflon' .. or foil-lined lid. If the episode site is large, the suspected pesticide concentration is relatively low. or if several pesticide analyses are requested, yon may want to enlarge the sample area. Measure the sample area and depth and record it on the January 6,2006 ' 43 17cv1906 Sierra Club v. EPA ED_001523_00000483-00001 use the probe when a band or side dress treatment was made, us it is difficult to . determine where the hand treatment is located, You could get misleading results, c. Soil Sampling (Known Depth. Furrowed f ield) . . . Chemicals maj have been applied in bands or side dressed in furrowed fields. In order to sample from the appropriate area, use a shovel to cut across sections . ... perpendicularto the direction of furrow at each sample site. For single rows, start ..... at the center of the furrow and sample across the bed to the center of the opposite furrow. For double row beds, sample from the center of the furrow to the center . . of the bed. Collect soil from an area ? to 6 inches wide, and 12 to 14 inches deep (or less if ..... . the application depth is known to be less), as measured from the top of the bed. . Place the soil in a stainless steel bucket and mix thoroughly. Collect approximately one pound of soil per analysis or screen from the mixed soil and .. place in a clean, labeled, one-quart glass jar sealed with a I ellon ' or foil-lined lid. Clean the bucket w ith soapy water, rinse with distilled water, and give a final rinse with isopropyl alcohol, fill out a Chain of Custody for each sample. Chill samples and ship on blue ice. ..... v. ; Water Sajuptes- 4^ For collecting samples of surface water, use the following guidelines, which arc . designed io detect pesticide residues resulting from the misapplication of a pesticide . to surface water. If vou suspect pesticide contamination of ground water, contact .. your supervisor to determine the appropriate local. State, or federal agenc) for follow-up. W ear shoulder-length gloves and clean chest-high waders whenever contact is made .. . with potentially contaminated water. Use clean, one-gallon amber glass containers with an aluminum foil or Teflon' seal under lid. Do a native rinse of the hottie before collecting any sample. Fill bottles to the top. leax ing no air space for pesticides to volatilize. Sample as close as possible to the apparent source of contamination. 'Avoid areas where-water-has been isolated from the body of the stream, lake, or pond. In flowing water body, sample feeing upstream. . Wade out as far as possible into the bods of water. \ void sampling water that is .. disturbed bv vour movement. If the suspected pesticide is water soluble, then draw the sample from any depth below 18 inches. If the pesticide is oil-based, or if oil is a part of the tank mix and the alleged misapplication was made across the surface, then draw the sample from the surface lav er. lor samples below the surface of the water. ... lower the glass bottle to the desired depth before removing the cap. Allow the bottle . to fill, replace the fbil-liried cap, and lift the bottle out ofthe water. For surface samples, remove the cap and dip the bottle into the water surface. Allow it to fill .. completely, then put on the foil-lined cap. Take several samples distributed around ponds or lakes instead of only one sample. If only one sample is taken, draw several sub-samples from different locations around the body of water and combine in a 17cv1906 Sierra Club v. EPA ED_001523_00000484-00001 TV. THE INVESTIGATIVE REPORT A. General Comments The investigator must maintain an impartial position at all times. The investigative report must not reflect the attitudes or opinions of the investigator. The investigative report must 1 include all relevant ev idence. I his includes information about farming practices, etc., that is generally accepted as common knowledge within the industry, but may not be known by DPR staff, hearing officers, and others who review the investigative reports. The reviewer . cannot properly consider information the investigator knows, hut excludes from the report. .. Remember, even negative findings can help direct the reviewer to form a valid conclusion ... and. in addition, demonstrates the thoroughness of the investigation. Omitting information,, from the report as unimportant can lead to the conclusion that the investigator failed to ' adequately investigate all aspects of the episode. Based on the information obtained during the investigation, the investigator must only draw conclusions within his/her scope of expertise. Conclusions pertaining to violations ofthe ....... laws and regulations, and whether the implicated chemicals are pesticides or used as pesticides, fall within the investigator's expertise. Do not make conclusions based on . medical information uncovered during the investigation. The investigator must not ,...... draw ebneiusions about the relationship of the exposure and the illness. This falls outside the scope of the investigator's expertise. - , J B. Report Writing: .. . .. . Your report is the definitive record of an investigation. It is an orderly account of where you went, what you did, and all of the information and evidence you obtained relevant to episode. It answers the'questions of who, what, whefi, -where, whyandhow. Concentrates making reports logical and accurate, so they can be complete and still concise. A . well-written report gives the reader confidence in your education, experience, objectivity. and professionalism, as well as reflecting positively on your department. Write reports in the first person and active voice, keep sentences simple and direct. Use ....everyday languagewhen- possible. 'Try to think ofvivid verbs to evoke the events you .describe, bitt beware ofemotionally loaded terms that could feadpeople to- question your objectivity., Your go<is to writer base prosecutions on them, even in your absence. Brief reports often work better than lengthy ones. It takes time and effort to condense reports to their essence, but it makes your woA enormously .. Include enough detail that reasonably educated people can follow your report, even if they are unfamiliar with the case, local conditions and practices, and the laws and regulations. Hearing officers, district attorneys, the respondents, and the public may all use your reports, not to mention DPR and y our supers isor. Help your readers find the information they need to reach their own conclusions from the logically ordered facts in your report. .. . .. . ......... . ... . .. . . .. Jammy 6,0 58 17cv1906 Sierra Club v. EPA ED_O01523_00000485-00001 Identifv till the areas of regulator} concern that \ on investigated. Document the evidence that supports ant violations. but do not exclude information that supports the individual or business being investigated. Remember DPR and tour supers isors use tour reports io assess the need for enforcement action. Ifv on identifv anv violations, the report must identifv those violations and supply information from which to gauge the degree or severity of violation. I he report should identify the source of al) information and statements included in the report. When refeiTing to people in the report, use the initial of their first name followed by their last name. 1 v pe the name in capital letters. For example. John Doe. would be referred to as J. DOE. Handling names in the report this wav will assist staff in removing the names to fulfill public disclosure ofrecords requests. C. Standard Narrative Format . . . .. To facilitate well-organized and informative investigative reports, the report must include the . following standard narrative elements. Xon-prioritv antimicrobial investigations are exempt .. from this format requirement. . .Summary: One paragraph summarizing the episode. ....... / Background Information: Pertinent background information related to the episode. ......................................................... , . ' \ lolations: last all violations ol the laws, regulations, and labeling found during the ; investigation, including violations that did not contribute direeth to the episode, \............................. .. ' . Witnesses: List of all witnesses involved in the-episode. For each person, list liis/lier name,**" employer (if applicable), address, and telephone number, . . E>V . ... Investigation and Statements: J'he narrative portion of the investigation report detailing how . the episode occurred. Witness interview statements.summaries are included in this section. I or each interview, state the date and time of the interview, who conducted the interview, how the investigator conducted the interview ti.e. in-person, over the telephone), where the investigator conducted the interview, the translator (if applicable), Wcl if anyonetelse Was ' .. . present during the interview. . Findings- Summarize the investigative findings supported bv the evidence. Provide summary information identifv ing and supporting the elements of any violations found during the investigation. . . Attachments: List of supporting evidence for the episode investigation. .. X . .. ... . ' . January6S 2006 59 17cv1906 Sierra Club v. EPA ED_001523_00000486-00001 Remarks: See Standard Narrativ e Format" under section IV (C) to facilitate' well-organized and informative investigative reports. Within the narrative report, include all available information obtained during the investigation (see sectfon II for'information to include). Remember, even negative findings have a bearing on the case. In addition, negative findings demonstrate a thorough investigation. Lack of this kind of information implies the investigator failed to examine aspects ofthe episode not covered in the written report. Report Prepared By & Report Reviewed Approved Bv: See instructions for PR-LNl'-127. 3. Episode Witness/Injured/Complainant Report (P^ I se the following as a guide when completing the Fpisode_A mess Injured `Complainant supplement (PR-LM -I27B) ofthe Pesticide Episode Investigation Report. Esc this report form to record information about other people involved in the episode. Aface sheet (PR-FXF-127) must be submitted with the report even when using this form. . '5 ' ' 1 he \\ itness Injured Complainant section nmsi he completed for each injured person. For the first petson identified, complete this information on the face sheet. All other people , > should be put on the Episode Witness Injured Complaint form (PR-E\'F-127B). DPR will return Pesticide Episode Investigation Reports submitted without this section completed for those injured. Page: Indicate where in the sequence of the report this sheet is located. For all other sections of this form, refer to the corresponding instructions for PR-EN F-127. ' . ,` / 4. Episode Site Diagram (PR-ENF-127C) . I se the following information as a guide when completing the Episode Site Diagram supplement (PR-EXF-127C) ofthe Pesticide I pLwide Investigation Report. EasfofohaifotlSubje^^ I Occurrence: Seefosttuctfons for PR-ENM27 ofttecurrence & Date of SiteDiagrani: Draw or sketch a dear diagram or map of the area that shows all pertinent information. Be sure to indicate the direction and all pertinent landmarks. For episodes occurring on farms, field maps showing the fields can be substituted. Legend and Comments: Include any information that will make the map readable. Report Prepared By & Report Revjewed Approved By: See instructions for PR-FNF-127, January : 6,2M 67 17cv1906 Sierra Club v. EPA ED_001523_00000487-00001