Lesson 5. Information Gathering January 27, 2004 ENV H 471: Winter 2004 1 Information Gathering Information Gathering Information Gathering ENV H 471 Environmental Health Regulation Winter Quarter 2004 Lesson No. 5 ENV H 471: Lesson 5 2 Lesson Overview Lesson Overview Lesson Overview v What Information? v Legal Issues with Obtaining Information v Methods ENV H 471: Lesson 5 3 Lesson Objectives Lesson Objectives Lesson Objectives v Know the types of information required to document a problem or condition v Be able to explain the major techniques and processes routinely used by environmental health practitioners to obtain information
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Lesson 5. Information Gathering January 27, 2004
ENV H 471: Winter 2004 1
Information GatheringInformation GatheringInformation Gathering
vDescribe the proper usage ofthe subpoena duces tecum andthe procedures for obtainingone
ENV H 471: Lesson 5 5
What Information?What Information?What Information?
v Required Records/Informationn Those items required by enabling
legislation, i.e., statutes, codes andrules and regulation often specify thatcertain records must be maintained bya regulated industry and madeavailable to the administrative agency.
n They may also require that theadministrative agency establish andmaintain certain records.
ENV H 471: Lesson 5 6
What Information?What Information?What Information?
v Evidencen Information which may be used at
some point as evidence in an admin-istrative, criminal or civil proceedingshould adhere to the Rules ofEvidence.
n These, plus certain legal precedents,govern not only what kind of informa-tion is needed, but also how it may beobtained and kept.
Lesson 5. Information Gathering January 27, 2004
ENV H 471: Winter 2004 3
ENV H 471: Lesson 5 7
What Information?What Information?What Information?
vEvidencen At a minimum, it is usually
necessary to have the followinginformation:ÿ Location of the Property;
ÿOwner of Record;
ÿ Legal Rationale for action; and
ÿ Facts of the Case/Incident.
ENV H 471: Lesson 5 8
What Information?What Information?What Information?v Inappropriate Information
n Certain types of information should notbe contained in a case file.
n The "rules of evidence and relevance"may be helpful in judging whether aspecific item should be included.
n As a rule of thumb: any informationwhich would be clearly judged by thecourts as inadmissible in a legal actionprobably does not belong in a case file
ENV H 471: Lesson 5 9
Obtaining InformationObtaining InformationObtaining Information
v Voluntary Disclosuren Information may be obtained in a
variety of ways and still be consideredvoluntary.
n Grad states that the voluntarydisclosure of information "creates nolegal problems.”
vCompulsory Disclosuren It may not be possible or practical for
an agency to commit the resourcesnecessary to continuously monitor theoperation of an industry or site.
n The owner/operator of the regulatedactivity can be required to maintainrecords of key items, conditions orprocesses (e.g., records of chlorination,BOD levels, and food temperatures).
ENV H 471: Lesson 5 11
MethodsMethodsMethods
v Observationsn The principal means of identifying and docu-
menting a problem is for the inspector to see it.ÿ He/she must be able to recognize the problem
(deviation from code or standard, unsafe practice, etc.).
ÿ He/she must be able to describe it in terms that willlater be understood by each of the parties concerned(industry, supervisor, courts, etc.).
ÿ He/she must document its existence -- date, time, place,circumstances and persons present.(photographs can be invaluable)
v Industry Recordsn Failure to Report. The simple act of failing to file a required
report should be immediately obvious to the regulatingagency and permits the agency to choose from severalenforcement options, e.g., revocation of the license, obtaina search warrant, subpoena of records, etc.
n Reliability of Required Records/Reports. A more difficultproblem for the agency is identifying inaccurate orunreliable information. This requires close scrutiny of allsubmitted reports and considerable experience with theregulated industry