1、Designation: E2713 11E2713 18Standard Guide toForensic Engineering1This standard is issued under the fixed designation E2713; the number immediately following the designation indicates the year oforiginal adoption or, in the case of revision, the year of last revision. A number in parentheses indica
2、tes the year of last reapproval. Asuperscript epsilon () indicates an editorial change since the last revision or reapproval.1. Scope1.1 This guide provides an introductory reference to the professional practice of forensic engineering, and discusses the typicalroles and qualifications of practition
3、ers.1.2 This international standard was developed in accordance with internationally recognized principles on standardizationestablished in the Decision on Principles for the Development of International Standards, Guides and Recommendations issuedby the World Trade Organization Technical Barriers t
4、o Trade (TBT) Committee.2. Referenced Documents2.1 ASTM Standards:2E2493E2292 Guide for the Collection of Non-Volatile Memory Data in Evidentiary Vehicle Electronic Control UnitsFieldInvestigation of Carbon Monoxide Poisoning Incidents3. Terminology3.1 Definitions of Terms Specific to This Standard:
5、3.1.1 expert, nan individual with specialized knowledge, skills, and abilities acquired through appropriate education, training,and experience.3.1.2 forensic engineering, nthe application of the art and science of engineering in matters which are, or may possibly relateto, the jurisprudence system,
6、inclusive of alternative dispute resolution.National Academy of Forensic Engineers34. Significance and Use4.1 This guide is intended as a foundation for other E58 Committee standards that are focused on specific technical disciplines,for example Guide E2493E2292.4.2 The emphasis of this guide is on
7、the practice of forensic engineering in the United States, though elements of practice inother countries may be similar. Commercial use of the terms “engineer” and “engineering” are regulated by state and federal law;this document uses these terms only to describe a technical discipline, and not to
8、confer title or status. Courts may decide thatindividuals with qualifications other than those described herein can testify as experts in forensic engineering.4.3 Certain forensic engineering investigations of incidents and claims may be related to the behavior or condition of one ormore physical sy
9、stems, or the manner in which they were used.These investigations may also be related to compliance inspections,subrogation, litigation, and other activities. It is important to note that some incidents may be considered alleged, particularly whenobjective proof of their occurrence is not apparent.4
10、.4 Suggested additional readings are listed in Appendix X1.CHARACTERISTICS OFFORENSIC ENGINEERING PRACTICE5. Individual Characteristics5.1 Typical Qualifications:1 This guide is under the jurisdiction of ASTM Committee E58 on Forensic Engineering and is the direct responsibility of Subcommittee E58.
11、01 on General Practice.Current edition approved Nov. 15, 2011May 15, 2018. Published December 2011May 2018. Originally approved in 2011. Last previous edition approved in 2011 as E2713 11. DOI: 10.1520/E2713-11.10.1520/E2713-18.2 For referencedASTM standards, visit theASTM website, www.astm.org, or
12、contactASTM Customer Service at serviceastm.org. For Annual Book of ASTM Standardsvolume information, refer to the standards Document Summary page on the ASTM website.3 Available from National Academy of Forensic Engineers (NAFE), 174 Brady Avenue, Hawthorne, NY 10532,1420 King Street, Alexandria, V
13、A 22314,http:/www.nafe.org.This document is not an ASTM standard and is intended only to provide the user of an ASTM standard an indication of what changes have been made to the previous version. Becauseit may not be technically possible to adequately depict all changes accurately, ASTM recommends t
14、hat users consult prior editions as appropriate. In all cases only the current versionof the standard as published by ASTM is to be considered the official document.Copyright ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States15.1.1 The equivalent
15、of a Bachelor degree or Bachelor of Science degree, or graduate degree, in engineering, from anappropriately accredited college or university program. Degrees obtained from accredited engineering programs typically includeeducation in the areas of advanced mathematics, the theoretical and practical
16、study of physical sciences, the design of physicalsystems, and logical reasoning. Note that forensic engineering itself is not a separate discipline of engineeringit is an applicationof engineering, as defined above.5.1.2 State licensure as a Professional Engineer (PE) in one or more disciplines of
17、engineering. It is noted, however, that thereare many disciplines of engineering (for example, biomedical, ceramic) for which PE licensure is not offered. Licensure is availablefor the engineering disciplines that most commonly pertain to public works (chemical, civil, electrical, mechanical, etc.),
18、 thougheach state may vary the disciplines offered for licensure. Some states require PE licensure as a precondition for practicing certainaspects of forensic engineering. Current requirements for attaining a PE license typically include the following elements; theserequirements also vary by state:5
19、.1.2.1 An engineering degree as described above, or equivalency recognized by the state licensing board. State licensing boardsmay also require post-graduate coursework.5.1.2.2 At least four years of professional experience in engineering. Depending upon the state, experience credit may be givenfor
20、earning a masters degree or doctorate; conversely, additional experience may be required for those with educational credentialsoutside those previously discussed.5.1.2.3 Successfully passing two nationally standardized eight-hour examinations on the fundamentals, principles, and practicesof engineer
21、ing.5.1.3 Possible professional certification in one or more fields of technical knowledge. Such certifications typically followadvanced study or experience in the field, or both. A certification board may require some or all of the following elements:5.1.3.1 Discipline-specific evidence of professi
22、onal competence.5.1.3.2 Professional references.5.1.3.3 Examination(s).5.1.3.4 Evidence of periodic continuing education.5.1.4 Participation in engineering professional societies in the engineers area of practice and interest. Membership grades(such as associate, member, senior member, fellow) may v
23、ary depending upon years of practice and other elements.5.1.5 Significant experience in one or more technical fields.5.2 Elements of the Practice of Forensic Engineering:5.2.1 The preliminary scope of an investigation is agreed upon by the engineer and court or client, and the scope may evolveas the
24、 investigation progresses. Legal issues may significantly affect the investigative scope. Regardless, engineers are notadvocates for any particular party or outcome in a claim or legal action. The guiding principle is to use the knowledge impartedby their education, training and experience to conduc
25、t an investigation that results in considered, reasonable, defensible, andlogically based opinions on the specifics of the incident.5.2.2 Contingency fee-based investigations are unethical, as outcome-based compensation may affect the reliability of theengineers opinions.5.2.3 Engineers should stay
26、within their area of expertise. It is important to note, however, that an experienced engineertypically has a broad area of expertise, based on the logical focus of engineering education and based on the commonalities thatare inherent in the properties and behaviors of physical systems.5.2.4 The eng
27、ineers education, training, and experience are notably applied in the determination of appropriate tasks andresearch to be performed in an incident investigation. Distinct from hypothetical “events” that may warrant new scientific inquiry,these incidents have typically already occurred, and engineer
28、s rely on known engineering principles when determining necessaryand expected levels of investigative breadth and rigor. Standardized methods and procedures should be used when appropriate forthe investigation.5.2.4.1 BreadthKnowledge of engineering principles forms the basis for effectively determi
29、ning key issues to be analyzed andmethods for analysisin the context of the investigative scope of the case. Physical systems may have different elements that couldbe analyzed in a particular investigation; experience would show that analysis of many of these elements would provideinformation not re
30、levant to the investigation. This is revealed in the prescriptive standardized analysis procedures of certainscientific and technical disciplines, which attempt to focus on relevant elements of predictably-behaving systems, and to analyzethem in a consistent manner. When appropriate standardized pro
31、cedures do not exist, engineers rely on their education, training,and experience to craft an investigative plan, sometimes under unique, transitory, or potentially adverse incident site conditionsthat may preclude testing and peer review5.2.4.2 RigorEngineering requires a certain level of rigor for
32、any analysis method in use. For complex physical systems,advanced and meticulous analysis methods may be appropriatebut likely only for analyzing certain portions of the system; otherportions may be comparatively simple to analyze. Selection of appropriate levels of rigor should take into account th
33、e standardsto which the system was held preceding the incident, the standards of care that may exist for conducting such investigations, andthe robustness of support (for opinions) that such rigor will provide.5.2.4.3 CommentEach forensic engineering investigation is unique and may evolve in directi
34、on and complexity. In thisscenario, the engineer may decide to pursue a course of analysis that is tangential to his or her existing experiencegenerally, thisE2713 182is how experience is gained. Engineering training (in critical thinking, logic, reason, and physics) provides the foundation forcondu
35、cting both the straightforward and the tangential analyses with a reliance on established engineering principles; the sametraining informs the decision to initiate further research or to seek the advice of peers.5.2.5 Forensic engineering investigations may involve items of evidence. Inspections of
36、this evidence should be done in amanner that minimizes the alteration or destruction, or both, of such evidence and the information it contains, and that also takesinto consideration the interests of other involved parties in conducting their own inspections. Various penalties may be incurredfor evi
37、dence spoliation. Standardized procedures for conducting inspections should be used, when appropriate.6. Forensic Engineering Practice in the Community6.1 Engineers in General:6.1.1 Engineers have a unique role within society, as they are largely responsible for most tangible, functional human-made
38、orprocessed components within the society. For example, creators of roadways, bridges, and buildings rely on engineers, as doproduct manufacturers, public utilities, food producers, and the healthcare industry. Certain engineering professional societies haveCodes of Ethics, which outline the general
39、 expectations of the profession.E2713 1836.2 State-Licensed Professional Engineers:6.2.1 Professional Engineers are statutorily required to prioritize public health, safety, and welfare above all other professionalconsiderations.As such, supervision by a PE (for relevant disciplines) is typically re
40、quired for the engineering design, construction,and modification of public works projects; the primary exemptions are for engineers employed by a manufacturer or by thegovernment. Specific exemptions vary state-to-state.6.2.2 Each state has specific and detailed laws and rules regarding responsible
41、supervision and approvals of project work,conflicts of interest, and other elements of PE conduct. The PE may be subject to penalties for misconduct, gross negligence,incompetence, and related infractions of these laws and rules.6.3 Forensic Engineering Practitioners:6.3.1 These engineers are relied
42、 upon to provide objective technical information and opinions to courts, individuals, estates,businesses, attorneys, and other entities. These entities in turn may make financial, legal, and business decisions based largely onthe opinions of the engineer.7. Forensic Engineering in the Legal System7.
43、1 Background and Legal Precedents:7.1.1 Forensic engineering may play a role in the disposition of court cases, alternative dispute resolution, and other litigation.The activities and conditions under which an engineer becomes an accepted expert by the court are dependent upon evolving legalissues,
44、a discussion of which is beyond the scope of this introductory document. However, the following documents and courtdecisions are among those discussed in certain cases involving forensic engineering. Different jurisdictions recognize differentrules and court decisions.Documents and Court DecisionsFr
45、ye v. United States, 293 F. 1013 (1923)Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993)General Electric Company v. Joiner, 118 S. Ct. 512 (1997)Kumho Tire Company, Ltd., v. Carmichael, 119 S. Ct. 1167 (1999)7.2 Communication of Engineering Insight:7.2.1 Assisting the engineers clien
46、t:7.2.1.1 The engineers first objective is to clearly explain the technical factors of the incident to the client. As the investigationprogresses, the engineer should keep the client informed of findings.7.2.2 Assisting the court, jury, or other triers of fact:7.2.2.1 Physical systems and their beha
47、viors are complex. Engineering analysis may facilitate simplified representations of theproperties and behaviors of physical systems, so that they may be better understood. The testifying engineers goal is to explainthe broader concepts and the details of a particular system or behavior, in a way th
48、at may allow the triers of fact to adequatelyunderstand the essentials of the physical system. Further, the engineers goal is to clearly describe the investigative and analyticalmethods that were used, the reasons those methods were selected, and the basis for his or her opinions, within the investi
49、gativescope of the case.8. Keywords8.1 expert; forensic engineering; professional engineer; testimonyAPPENDIX(Nonmandatory Information)X1. SUGGESTED ADDITIONAL READINGSX1.1 United States Government DocumentsX1.1.1 Federal Rules of Civil Procedure:X1.1.1.1 Rule 26Duty to Disclose: General Provisions Governing Discovery.X1.1.2 Federal Rules of Evidence:X1.1.2.1 Rule 702Testimony by Experts.X1.1.2.2 Rule 703Basis of Opinion Testimony by Experts.E2713 184X1.1.2.3 Rule 705Disclosure of Facts or Data Underlying Expert Opinions.X1.1.3 Reference Manual on Scientifi
