Managing and Minimizing Risks in Federal Deployment of Chemical Agents During Public Order Operations

Exclusive – Homeland Security Today

By Robert Sorensen

In a time when federal law enforcement officers are called on to deal with an ever-increasing number of public protests, the use of chemical agents to manage civil disturbances has increased significantly. While the use of CS or OC chemical agents is a historically safe use of less-lethal force, those who deploy chemical agents should adhere to approved policies and protocols to mitigate the risks associated with their deployment.

Under normal circumstances, federal officers do not engage in public policing; however, they can be deployed proactively as a risk mitigation measure during a national emergency, at the request of state leadership, in support of federal policing operations, or in response to threats against federally protected infrastructure.

Depending on the circumstances, the decision to deploy chemical agents could rest with the incident commander, tactical commander, or a line-level officer. Regardless of their role or position, officers must be able to justify using any less lethal tool, including chemical agents, in a manner consistent with the Graham v. Connor standard, to include the crime, threat to others, and the suspect's attempt to evade capture or resist arrest.

Irrespective of the reason for a public disturbance, if federal law enforcement deploys chemical agents to de-escalate a situation and restore order, the deployment must be reasonable and appropriate, and must take into account the associated risks. These risks can be compounded by the size of the crowd, the location of the event, the weather conditions, media coverage, and citizens ‘interest in seeing what is happening’.

With risk factors complicating the issue and potential threats to law enforcement, it is paramount that officers involved receive appropriate training in deploying these agents, as well as decontamination procedures for officers and citizens alike. The media and 'citizen journalists' coverage of these events has made decontamination an increasingly important component of public order policing and risk management.

Decontamination is a priority

Each agency should have policies that address the decontamination of those exposed to chemical agents. In some cases, the deployment of chemical agents to de-escalate an incident can impact not only suspects but also members of the public in the area exercising their rights to protest. Chemical agent deployment is therefore not simply a question of launching canisters into a crowd or spraying protestors violating a law. Wind, weather, or members of the crowd throwing chemical agents back can create an indiscriminate deployment. The indiscriminate nature of the deployment is a key risk consideration for officers before deployment, given the potential hazards to all parties.

To manage their own risks, federal agents should wear safety equipment to protect themselves from cross-contamination hazards, which often occur in these situations.

The federal officers must therefore ensure they are not only aware of the required decontamination protocols but also prepared in advance to support those affected post-deployment. Assuming it is safe to do so, a ‘treatment zone’ away from the protest should be considered, where everyone, including protestors, can receive treatment. This should be communicated to all officers on scene, and, if possible, to the unruly protestors as well. However, sometimes this is not always feasible due to the speed at which situations can spiral out of control.

Understanding an officer’s after-action cross-contamination risks

The risk of chemical agent contamination does not stop once it has been deployed. Federal officers are very likely to find their clothes and equipment, including vehicles, contaminated by factors such as changing wind direction or the chaotic movements of the crowd. CS gas easily settles on clothes and equipment and, if disturbed by any activity, will cause the same irritant symptoms (burning sensation on the skin, respiratory difficulties, and eye irritation) to people in close proximity.

As soon as agents finish a shift, they need to prioritize decontaminating all their PPE and equipment used during chemical agent deployment, particularly if the equipment is shared. Strict adherence to best-practice decontamination protocols is non-negotiable. Failing to do this further increases the risk profile for all officers, as poorly cleaned equipment remains compromised and can contaminate the next user before they take up a position at the next incident.

Unfortunately, some officers opt for DIY decontamination solutions which often include homemade remedies, such as diluted baby shampoo or milk, for treating the symptoms of chemical agent exposure. Agents are strongly advised not to use these DIY formulas, as they may be ineffective or, in some cases, exacerbate the symptoms.

Wiping the skin and clothing with a damp cloth or flushing the eyes with clean water is recommended in the absence of specialized decontamination products. From a risk-mitigation perspective, federal law enforcement teams in the field must be equipped with professional-grade decontamination capabilities. This will ensure they can adequately decontaminate themselves, render aid to colleagues and the public, and can safely perform their duties if they are affected while on shift.

Maintaining public respect

When safe to do so, assisting those in the public impacted by chemical agents, whether a protester or a suspect, is part of a federal officer’s risk mitigation duties on multiple fronts. Rendering aid will help protect an agency’s reputation and can enhance the public’s perception of the agents.

Importantly, the media are almost always present at protests, and their reporting and broadcast coverage of federal agents assisting demonstrators could minimize public criticism. Federal agents assisting in decontamination and recovery may also contribute to potentially reducing the risk that some protesters will initiate frivolous lawsuits.

It would be beneficial for law enforcement to provide the media with the necessary briefings and background information on chemical agents and less lethal force munitions and protocols being deployed. This could contribute to balanced reporting.

Comprehensive chemical agent training

To effectively perform their duties in a situation where chemical agents are deployed, it is highly advisable for federal officers to train using “live” control chemical agents and not just inert smoke or spray. In a real deployment, the potential for agent contamination during the incident is high, even with PPE (personal protective equipment) in place. If they have not experienced the symptoms firsthand in training and then suffer from breathing difficulties or infected eyes, anxiety is likely to set in as they don’t know how to push through the symptoms.

In addition, learning to put on protective equipment quickly in an emergency will minimize the risk of unnecessary contamination for the officer. An officer compromised by a chemical agent not only increases their risk profile but also puts their colleagues at risk. They may become distracted from their operational duties, may be unable to back up their colleagues, may require assistance from a fellow officer, and may be unable to render aid to a member of the public if needed.

For all of these reasons, having a comprehensive training program from qualified instructors is essential. Instructors should be certified to teach other officers on deployment concerns, policy, legal updates, first aid, and decontamination procedures. 

This article first appeared on Homeland Security Today. Read the original article here.

Robert Sorensen assisted the National Tactical Officers Association in developing its less-lethal tactical protocols, which are used by a wide variety of law enforcement entities to manage public order. He served as an FBI Task Force Officer and is a retired Department of Justice GS-13 Special Agent.  Robert is currently a director of SoRite. Contact him at bsorensen@sorite.com