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BuzzLightyear  
#1 Posted : 21 May 2010 12:58:51(UTC)
Rank: Forum user
BuzzLightyear

A few years ago, I went on the four day IOSH course on accident investigation which I found very useful. One of the things I took away from that course was how to take witness statements. Here is what I do: Step 1 ask the witness to run though what happened Step 2 ask the witness to run through in more detail what happened - asking open questions and taking rough notes Step 3 repeat steps 1 and 2 with all other witnesses Step 4 Ask further open questions for clarification, particularly if there are inconsistencies Step 5 Complete the witness statement for the witness checking they are OK with each sentence - typing onto a laptop - in the first person, e.g. "My name is Fred, I have been working here for x amount of years etc... etc.. On the day of the accident I saw...." Step 6 Ask the witness to read it through - offering to make any corrections they suggest - and then ask them to sign it - as an accurate acount of what happened. I had a debate with one yesterday with one my colleagues who insists on writing them in the third person. e.g. Fred Bloggs, has worked for ... etc etc, on the day of the accident he was..." My problem with the third person style is that when read out in court, I don' think they would sound like they are a genuine endorsed account of what happened from the witness's point of view. However my colleague argued that if she is writing it then, it is not coming from the witness so it would be wrong to pretend otherwise. So here is my question - what approach do you use when taking witness statements for investigations
Kate  
#2 Posted : 21 May 2010 13:11:17(UTC)
Rank: Super forum user
Kate

There are only two possible options here. "Fred said he never touched it." "I never touched it. Signed Fred." Your colleague's suggestion seems to be "Fred never touched it". Which may not be fact. But wording it like this makes it sound like fact.
Clairel  
#3 Posted : 21 May 2010 13:20:40(UTC)
Rank: Super forum user
Clairel

Buzz, I have to say that if I had gone through all the steps you quoted when I was an HSE Inspector I would never have got my investigations finished. There is an art to taking statements though and the more you do the better you get at it. What I did was: Talk to witness about what happened. Take statement. Witness sigtns statment. HSE Inspectors write them in the first person (that of the witness). The witness is signing the statement so it is supposed to be their words (I did that and then he did that etc). The only reason the inspectors write the statements themselves and then get the witness to sign it (instead of the witness writing it) is to ensure the all relevant information is put down, in the a coherent way and (hopefully) legible hand writing (I always read mine back though instead of getting them to read them). Witnesses just want to tell their story but investigators need background and detail.
Ron Hunter  
#4 Posted : 21 May 2010 13:23:50(UTC)
Rank: Super forum user
Ron Hunter

Witness Statement = a statement by the witness = "I am a witness and this is my statement......." = first person.
Juan Carlos Arias  
#5 Posted : 23 May 2010 16:52:00(UTC)
Rank: Forum user
Juan Carlos Arias

IMO a witness statement should be written by the witness and therefore in the first person. If this is not possible, it could be writen for them, again in the first person, however, specifying this fact. What I do once I have received the statement is to hold an interview recording all questions and exact answers - open questions- probing questions- finally closed questions. I also, normally ask permision to tape the conversations and explain that it is to write the details after. This allows free talk without interruptions and ensures you get the most out of the interview. Now, accident reports should be written in the third person and filled in by the first aider or supervisor. Accident investigations also in the third person.
BuzzLightyear  
#6 Posted : 24 May 2010 11:15:50(UTC)
Rank: Forum user
BuzzLightyear

Thanks for all the replies so far. This is very helpful. Just to feedback on some specific comments: -Kate - thanks for articulating so succinctly one of the key problems - in that the statement must not confuse facts with someone elses' interpretation. I had a bad feeling about the way my colleague was doing the statements - but your explaination helps me to crystalise why I have that concern. - Claire. your response also seems to support my approach in terms of wording the statement. Interesting regarding the practicalities of doing all those steps. I rarely do investigations and tend to only get involved in major ones so perhaps my individual approach is proportionate. However, I am mindful that our regional managers are expected to do investigations and perhaps I am over-burdening them with process with my current recommendations. - Ron - that was my argument to my colleague but she wasn't having it! - Juan, I am really not sure about this - that the witness statement should be taken by the witness if possible. Sounds logical, and I can see arguments for that approach. However, my concern is that the witness is not used to providing all the facts and knowing what is relevent to the bigger picture before putting pen to paper. Some of our regional managers who do investigations take a double approach. They get the witnesses to write a statement as soon as possible after the event. Later on, when they do the investigation, they then complete more structured/formal witness statements. Perhaps this is the way forward?
A Kurdziel  
#7 Posted : 25 May 2010 14:48:37(UTC)
Rank: Super forum user
A Kurdziel

Agree Statement of witness- First person- their thoughts their actions-subjective Incident Report-third person- the facts-objective
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