Accident Investigations
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Accidents are classified to determine reporting and investigation requirements:
Class A
Damage $2M or more
Accidents involving manned aircraft destroyed/missing/abandoned
Injury/occupational illness resulting in fatality or permanent total disability
Friendly fire fatalities
Class B
Damage $500k - $2M
Injury/occupational illness resulting in permanent partial disability
Three or more personnel hospitalized in a single mishap
Class C
Damage $50k - $500k
Nonfatal injury occupational illness resulting in loss of additional work/training beyond the initial day/shift
Injury/occupational illness resulting in any disability
Class D
Damage $20k - $50k
Nonfatal injury/occupational illness resulting in restricted work, transfer or medical treatment greater than first aid
Needle sticks/cuts from contaminated objects
Medical removal under OSHA standard
Occupational hearing loss
Work-related tuberculosis
Class E
Aviation accident resulting in damage $5k - $20k
Class F
Aviation incident resulting in engine damage due to unavoidable foreign object damage
A safety investigation may be followed by a legal investigation. The sole purpose of safety investigations are to prevent future accidents. Legal investigations are used to obtain and preserve evidence for use in litigation, claims, disciplinary action or adverse administrative action. The investigations are conducted independently.
All accidents and mishaps should be reported to the unit safety office. More serious accidents must be reported to higher command.
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Suspension of favorable personnel actions is mandatory if an investigation that may result in disciplinary action or financial loss is initiated on a Soldier by military or civilian authorities, or if a Soldier is arrested.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
If a commander receives information that a member of his command is suspected of committing an offense punishable under the Uniform Code of Military Justice (UCMJ), he should direct a preliminary inquiry into the charge(s).
A commander may inspect and authorize probable cause searches and seizures of persons and property under his or her command.
A search authorization must be based upon probable cause. Probable cause exists when there is a reasonable belief that the items connected with criminal activity are located in the place or on the person to be searched.
Service members accused of crimes are afforded certain protections.
You must advise a service member of his rights under Article 31, UCMJ when you reasonably suspect he has committed a crime prior to questioning. You do not need to advise a witness not suspected of committing an offense of his rights -- even during official questioning.
