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DAOD 8000-2, Reporting and Investigation of Explosive Ordnance Disposal Incidents and Accidents

Table of Contents

  1. Introduction
  2. Definitions
  3. Abbreviations
  4. Overview
  5. Operating Principles
  6. Categorization of Incidents and Accidents
  7. Procedures
  8. Compliance and Consequences
  9. Responsibilities
  10. References

1. Introduction

Date of Issue: 2013-12-20

Date of Last Modification: 2019-05-16

Application: This DAOD is a directive that applies to employees of the Department of National Defence (DND employees) and an order that applies to officers and non-commissioned members of the Canadian Armed Forces (CAF members).

Approval Authority: Chief of the Army Staff (C Army)

Enquiries: Officer in Charge (OIC) Canadian Armed Forces Explosive Ordnance Disposal (CAFEOD)

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2. Definitions

accident (accident)

An unintended event or sequence of events that causes death, injury, environmental or material damage. (Defence Terminology Bank record number 41507)

defence explosive ordnance (explosifs et munitions militaires)

An item of explosive ordnance, currently or formerly the property of the CAF, a visiting force or other military force, that is located in Canada or in the territorial waters of Canada. (Defence Terminology Bank record number 43034 to be amended)

explosive (explosif)

Means any thing that is made, manufactured or used to produce an explosion or a detonation or pyrotechnic effect, and includes any thing prescribed to be an explosive by the regulations, but does not include gases, organic peroxides or any thing prescribed not to be an explosive by the regulations. (Section 2 of the Explosives Act)

explosive ordnance (explosifs et munitions)

All munitions containing explosives, nuclear fission or fusion materials and biological and chemical agents. This includes bombs and warheads; guided and ballistic missiles; artillery, mortar, rocket and small arms ammunition; all mines, torpedoes and depth charges, demolition charges; pyrotechnics; clusters and dispensers; cartridge and propellant actuated devices; clandestine and improvised explosive devices; and all similar or related items or components explosive in nature. (Defence Terminology Bank record number 4220)

explosive ordnance disposal (neutralisation des explosifs et munitions)

The detection, identification, on-site evaluation, rendering safe, recovery and final disposal of unexploded explosive ordnance.

Note – Explosive ordnance disposal may also include explosive ordnance that has become hazardous by damage or deterioration.

(Defence Terminology Bank record number 43388)

improvised explosive device (dispositif explosif de circonstance)

A device placed or fabricated in an improvised manner incorporating destructive, lethal, noxious, pyrotechnic or incendiary chemicals and designed to destroy, incapacitate, harass or distract.

Note – It may incorporate military stores, but is normally devised from non-military components. (Defence Terminology Bank record number 4502)

incident (incident)

An event that gives rise to a reasonable apprehension that an accident could have occurred, although no accident actually resulted from the event. (Defence Terminology Bank record number 43105)

unexploded explosive ordnance (munition explosive non explosée)

Explosive ordnance which has been primed, fused, armed or otherwise prepared for action, and which has been fired, dropped, launched, projected or placed in such a manner as to constitute a hazard to operations, installations, personnel or material and remains unexploded either by malfunction or design or for any other cause. (Defence Terminology Bank record number 1519)

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3. Abbreviations

Abbreviation Complete Word or Phrase

CANFORGEN

Canadian Forces General message

CFAO

Canadian Forces Administrative Orders

CFNIS

Canadian Forces National Investigation Service

CO

commanding officer

Def EO

defence explosive ordnance

EO

explosive ordnance

EOD

explosive ordnance disposal

IED

improvised explosive device

IEDD

improvised explosive device disposal

JAG

Judge Advocate General

OPI

office of primary interest

QR&O

Queen’s Regulations and Orders for the Canadian Forces

SIR

significant incident report

SME

subject-matter expert

TTP

tactics, techniques and procedures

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4. Overview

Interpretation

4.1 In this DAOD, EOD includes IEDD.

Application

4.2 This DAOD applies to the reporting and investigation by any DND employee or CAF member of any EOD incident or accident (see paragraph 6.1 for the categorization of events as EOD incidents or accidents).

4.3 Contracting authorities must ensure that the provisions of this DAOD apply to contractors retained by Assistant Deputy Minister (Infrastructure and Environment) on behalf of the DND and the CAF to provide support related to EOD.

Concept of Operations and Doctrine for EOD

4.4 The concept of operations and doctrine for EOD are set out in detail in B‑GJ‑005‑316/FP‑001, Canadian Forces Joint Publication 3-16: Explosive Ordnance Disposal, which must be read in conjunction with the following:

  1. DAOD 8000‑0, Explosive Ordnance Disposal;
  2. DAOD 8000‑1, Conduct of Explosive Ordnance Disposal;
  3. DAOD 8000-3, Explosive Ordnance Disposal Radiation Safety; and
  4. CANFORGEN 056/08, CDS Organizational Order – Stand-up of CF EOD.

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5. Operating Principles

Background

5.1 Dealing with EO is inherently dangerous, especially given the potential for the loss of personnel and materiel if an EO detonates unintentionally. EOD incidents and accidents have the potential to seriously degrade DND and CAF efficiency and operational capability. It is therefore essential that all steps be taken to prevent injury or death, reduce the loss or damage to materiel, and provide a mechanism for the OIC CAFEOD to understand the underlying causes of an EOD incident or accident in order to mitigate or rectify future unsafe EOD conditions through equipment solutions or changes in TTP, practices and training.

Duty to Report and Investigate

5.2 In accordance with section 7 and the Responsibility Table in paragraph 9.1, an EOD incident or accident must be reported by DND employees and CAF members, and contractors to whom the provisions of this DAOD apply. An EOD incident or accident must be investigated in accordance with this DAOD.

5.3 The requirement under this DAOD to report and investigate EOD incidents and accidents applies equally during operations and training conducted both in and outside Canada, and is in addition to any other requirement under applicable regulations and other orders.

Focus of the EOD Safety Program

5.4 The purpose of the EOD Safety Program is the prevention of EOD incidents and accidents.

Focus of the Investigation Process

5.5 The focus of the investigation process under this DAOD is to:

  1. mitigate any immediate unsafe EOD conditions;
  2. preserve and collect evidence at the EOD incident or accident site;
  3. seek and identify underlying causes of the EOD incident or accident; and
  4. support the information requirements for EOD incident and accident reporting.

Free and Open Reporting

5.6 In providing mandatory reporting under paragraph 5.2, all DND employees and CAF members, and contractors to whom the provisions of this DAOD apply, are expected to be candid and forthcoming in providing full information for all EOD incidents and accidents. They are expected to voluntarily acknowledge their own errors and omissions, and suggest new or improved preventative measures. Except in a prosecution for perjury or for giving contradictory evidence, any oral, written or recorded statement made by a person reporting an incident or accident for purposes of this DAOD is not to be used against the person in any administrative or disciplinary action.

Other Investigations

5.7 The investigation process under this DAOD is not intended to obtain evidence relating to a potential breach of the Code of Service Discipline or other statutory or regulatory provision, or assign criminal responsibility. If an investigation with such a purpose is to be conducted, the nearest representative of the JAG should be contacted.

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6. Categorization of Incidents and Accidents

Categories

6.1 The following table provides examples of events that are categorized as either an EOD incident or accident:

Category Any event involving ...

Incident
  • the unintentional or premature detonation, initiation or firing of an energetic material or EOD tool that does not result in personal injury, death, or major damage or loss of equipment, other materiel or infrastructure;
  • a situation where it is suspected that established EOD TTP have been compromised by hostile forces;
  • defective EOD equipment or a malfunction that has created a hazardous or potentially hazardous condition; or
  • a near miss, i.e. any other situation involving EOD that had the potential to result in an accident.

Accident
  • the detonation of any EO during render-safe procedures or other EOD activity resulting in:
    • o   injury or death, including that of an EOD operator, team member or bystander; or
    • o   total loss of a remotely-operated vehicle or major damage or loss of equipment, other materiel or infrastructure;
  • the detonation of an EO by an explosives disposal dog or the handler during the conduct of a search that causes injury or death; or
  • the unintentional or premature firing of an EOD tool, e.g. a disruptor, resulting in personal injury, death or major damage or loss of equipment, other materiel or infrastructure.

Note – If there is uncertainty as to whether or not an event should be categorized as an EOD incident or accident, the CAFEOD should be contacted immediately for clarification.

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7. Procedures

Preservation and Collection of Evidence

7.1 The procedures in this DAOD provide for the preservation and collection of evidence in support of the investigation process. These actions should be easily achieved in a domestic setting. It is recognized that factors such as the tactical situation may affect post-incident or post-accident activities during deployed operations. In addition, some of these actions may not be applicable for all situations. In any case, efforts must be made to preserve and collect as much evidence as possible.

Immediate Response

7.2 The EOD team leader or incident commander must ensure that an EOD incident or accident is reported to the chain of command as soon as possible and that action is taken in concert with supporting first responders to:

  1. prevent loss of life, injury or damage to equipment, other materiel or infrastructure; and
  2. preserve evidence against loss, alteration or compromise, including arranging for site control, photographing the site and evidence before it is moved, removed or altered, and protecting the site if it is vulnerable to environmental conditions.

7.3 After an EOD incident or accident occurs, the person in charge must:

  1. suspend, if practicable in the circumstances, the activity being conducted at the time of the incident or accident and ensure that the site is made safe through the provision of medical aid and firefighting and the rendering-safe of EO;
  2. protect the site and preserve all evidence, establishing a site access control point and maintaining a log of all personnel and equipment entering and exiting;
  3. contact, if in-service ammunition or def EO is involved, the nearest supporting ammunition facility, base or formation, to request the services of a qualified Ammunition and Explosives Safety Program investigator;
  4. ensure that perishable evidence is recorded, including the taking of photographic or video coverage if the site cannot be secured or is likely to be altered or compromised or if it is vulnerable to environmental conditions;
  5. record measurements and site information, including weather observations at the time of the occurrence, make diagrams and collect evidence;
  6. impound and quarantine appropriate items;
  7. segregate persons involved and other witnesses to avoid them being influenced in their recollection of the event, and request that they provide a written statement as soon as possible after the occurrence for submission directly to the investigation team; and
  8. submit applicable reports (see paragraphs 7.4 to 7.12).

Operational Incident Reporting

7.4 For all operational EOD incidents, the EOD team leader must submit an initial report by voice, electronically or in hard copy within eight hours for an IEDD task incident, or within 12 hours for a def EO task incident. Chapter 6 of B‑GJ‑005‑316/FP‑001 provides additional information on the procedures to be followed for the initiation and submission of the initial report and the format of the report.

7.5 The EOD team leader must submit a final report in hard copy as soon as practicable following an EOD incident relating to an IED, or within 48 hours for an EOD incident relating to def EO. Chapter 6 of B‑GJ‑005‑316/FP‑001 provides additional information on this reporting requirement and the format for the final report.

Training Incident Reporting

7.6 If an EOD incident occurs during training, the CO of the EOD team must submit an EOD incident report to the OIC CAFEOD within 24 hours of the incident. The report must contain the following information as a minimum:

  1. date, time and location of the incident;
  2. name, location and telephone number of the person or agency initially reporting the incident;
  3. who or what was involved, what happened and how it happened;
  4. name of the parent unit and specific information concerning the persons and equipment involved;
  5. any possible broader implications of the incident, including the effect on future operations;
  6. local public affairs actions, recommendations and proposed further action; and
  7. details of actual and probable media interest and involvement, including number of media calls, interviews and information requests, and whether the media were local, national or international.

Ammunition and Explosives Incident Reporting

7.7 If in-service ammunition or explosives are involved in an EOD incident, a report must be submitted in hard copy within 12 hours of the incident. The types of reports to be submitted are set out in DAOD 3002‑4, Ammunition or Explosives Accident, Incident, Defect or Malfunction Reporting.

Accident Reporting

7.8 Immediately following an EOD accident, the CO of the unit, or the person in charge of the EOD team or contractors, must submit a SIR by priority message. If circumstances dictate, a SIR is to be reported by telephone to the issue OPI (the OIC CAFEOD), the Canadian Forces Integrated Command Centre and the Assistant Deputy Minister (Public Affairs), in that order, and then confirmed by a priority message in accordance with DAOD 2008‑3, Issue and Crisis Management.

7.9 After the SIR is submitted, there may be a requirement to conduct follow-on investigations, including administrative or disciplinary investigations, as determined by the chain of command, in consultation with a representative of the JAG.

7.10 For all EOD accidents, the OIC CAFEOD must task either an EOD investigation team or an EOD SME to conduct an investigation. However, in the event of a death or if it is determined that there is the possibility of criminal or disciplinary charges, the CFNIS may require that a second EOD SME be tasked by the OIC CAFEOD. This EOD SME must only work with the CFNIS in their investigation of the accident.

7.11 An EOD accident report must be prepared using Form DND xxx EOD Incident/Accident Report.

Report Security Classification or Designation

7.12 An EOD incident or accident report, including supporting documentation, must be classified with an appropriate security classification or designation, taking into account operational security and the applicable standard operating procedure, TTP and capability reports.

Additional Reports and Actions

7.13 Additional reports and follow-on actions, other than those identified in this DAOD, may be required based on the circumstances of the EOD incident or accident. The following is a list of possible regulations, orders, publications and forms:

  1. QR&O Chapter 21, Summary Investigations and Boards of Inquiry;
  2. DAOD 7002-0, Boards of Inquiry and Summary Investigations;
  3. CFAO 24-1, Casualties – Reporting and Administration;
  4. A-GA-135-001/AA-001, Flight Safety for the Canadian Armed Forces;
  5. A-GG-040-001/AG-001, General Safety Program, Volume 1, Policy and Program;
  6. A-GG-040-006/AG-002, DND Ammunition or Explosives Accident/Incident/Defect/ Malfunction Reporting;
  7. B-GG-380-000/FP-002, Canadian Forces Diving Manual, Volume 2, Organization, Regulations, Rules & Compressed Air Breathing Apparatus (CABA) Diving;
  8. Form DND 663, Hazardous Occurrence Report;
  9. Form CF 98, Report of Injury, Disease or Illness; and
  10. Form CF 1164, Unsatisfactory Condition Report – Distribution Control.

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8. Compliance and Consequences

Consequences of Non-Compliance

8.1 DND employees and CAF members must comply with this DAOD. Should clarification of the policies or instructions set out in this DAOD be required, DND employees and CAF members may seek direction through their channel of communication or chain of command, as appropriate. Managers and military supervisors have the primary responsibility for and means of ensuring the compliance of their DND employees and CAF members with this DAOD.

Consequences of Non-Compliance

8.2 DND employees and CAF members are accountable to their respective managers and military supervisors for any failure to comply with the direction set out this DAOD. Non-compliance with this DAOD may have consequences for both the DND and the CAF as institutions, and for DND employees and CAF members as individuals. Suspected non-compliance may be investigated. Managers and military supervisors must take or direct appropriate corrective measures if non-compliance with this DAOD has consequences for the DND or the CAF. The decision of a level one advisor or other senior official to take action or to intervene in a case of non-compliance, other than in respect of a decision under the Code of Service Discipline regarding a CAF member, will depend on the degree of risk based on the impact and likelihood of an adverse outcome resulting from the non-compliance and other circumstances of the case.

8.3 The nature and severity of the consequences resulting from non-compliance should be commensurate with the circumstances of the non-compliance and other relevant circumstances. Consequences of non-compliance may include one or more of the following:

  1. the ordering of the completion of appropriate learning, training or professional development;
  2. the entering of observations in the CF personal EOD log;
  3. the entering of observations in individual performance evaluations;
  4. increased reporting and performance monitoring;
  5. the withdrawal of any authority provided under this DAOD to a DND employee or CAF member;
  6. the reporting of suspected offences to responsible law enforcement agencies;
  7. the application of specific consequences as set out in applicable laws, codes of conduct, and DND and CAF policies and instructions;
  8. other administrative action, including the imposition of disciplinary measures, for a DND employee;
  9. other administrative or disciplinary action, or both, for a CAF member; and
  10. the imposition of liability on the part of Her Majesty in right of Canada, DND employees and CAF members. 

Note – In respect of the compliance of DND employees, see the Treasury Board Framework for the Management of Compliance for additional information.

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9. Responsibilities

Responsibility Table

9.1 The following table identifies the responsibilities associated with this DAOD:

The, a or an ... is responsible for ...

CO or an equivalent DND manager
  • reporting to the OIC CAFEOD any EOD incident or accident in their unit or organization by the most expedient and practical means;
  • implementing appropriate procedures for reporting EOD incidents and accidents in their unit or organization;
  • training personnel in the reporting requirements and procedures under this DAOD; and
  • reporting hazardous conditions related to EOD.

OIC CAFEOD
  • liaising with the CFNIS, Director Ammunition and Explosives Regulation and other CAF safety organizations to determine who is the lead for an EOD incident or accident investigation;
  • directing and managing the EOD incident and accident response process;
  • tasking an EOD investigation team or EOD SME, as required;
  • conducting technical reviews and initiating staffing, including the requirements for subsequent investigations;
  • reviewing EOD incident and accident investigation reports;
  • disseminating reports, with findings and recommendations, to the chain of command and other stakeholders; and
  • developing and implementing EOD incident and accident preventative measures in collaboration with other applicable DND and CAF organizations.

EOD investigation team leader
  • conducting EOD investigations; and
  • preparing EOD incident and accident reports.

DND employee or CAF member involved in or witnessing an EOD incident or accident
  • immediately reporting to their supervisor any EOD incident or accident, or other hazardous condition relating to EOD.

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10. References

Acts, Regulations, Central Agency Policies, and Policy DAOD

Other References

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