R 191857z AUG 08
MARADMIN 458/08
MSGID/GENADMIN/CMC WASHINGTON DC PPO PS//
SUBJ/UPDATED GUIDANCE ON MARINE CORPS TRAINING AND EMPLOYMENT OF
/OLEORESIN CAPSICUM (OC) SPRAY//
REF/A/MSGID:BUMED/LETTER SER 24/-/98U24041//
REF/B/MSGID:OJAG/OC LETTER SER 103-353/19MAY1998/19MAY98//
REF/C/MSGID:CJCSI/3121.01B/13JUN2005//
REF/D/DESC:CHEMICAL WEAPONS CONVENTION/-/-//
REF/E/DESC:EXECUTIVE ORDER 11850/-/08APR1975//
AMPN/REF A IS BUMED APPROVAL FOR THE USE OF OC SPRAY FOR OPERATIONS
AND TRAINING EXERCISES. REF B IS OJAG LEGAL REVIEW FOR THE USE OF OC
SPRAY. REF C IS 3121.01B SROE/SRUF FOR US FORCES. REF D CHEMICAL
WEAPONS CONVENTION (CWC) IS THE CONVENTION THAT DRAFTED THE TREATY
ON CHEMICAL WEAPONS. REF E RENUNCIATION OF CERTAIN USES IN WAR OF
CHEMICAL HERBICIDES AND RIOT CONTROL AGENTS.//
POC/STEPHEN SIMPSON/LTCOL/UNIT:HQMC LAW ENFORCEMENT/NAME:PENTAGON
/TEL:DSN 222-4251//
GENTEXT/REMARKS/1. PURPOSE. THE PURPOSE OF THIS MARADMIN IS TO
PROVIDE UPDATED POLICY AND GUIDANCE FOR THE EMPLOYMENT AND TRAINING
OF OLEORESIN CAPSICUM (OC) SPRAY, ALSO REFERRED TO AS PEPPER SPRAY
CONTAINED IN ALMAR 305/98.
2. EFFECTIVE DATE AND APPLICATION. THIS MARADMIN IS EFFECTIVE
IMMEDIATELY AND APPLIES TO ALL ACTIVE DUTY MARINE CORPS COMMANDS,
SELECTED MARINE CORPS RESERVE, AND COMMANDS WITH CIVILIAN PERSONNEL
SERVING IN POSITIONS AUTHORIZED TO UTILIZE OC. THIS MARADMIN
REPLACES AND CANCELS ALMAR 305/98.
3. BACKGROUND. OC SPRAY HAS BEEN IN USE BY CIVILIAN LAW ENFORCEMENT
AGENCIES FOR SEVERAL YEARS. THE SERVICES HAVE USED OC SINCE 1993.
OC IS MANUFACTURED WITH VARYING LEVELS OF CONCENTRATION BY VOLUME AND
MARKETED UNDER SEVERAL BRANDS NAMES. THE SERVICES HAVE EMPLOYED MANY
OF THE BRAND NAME OC SPRAYS WITH VARYING LEVELS OF CONCENTRATION. NO
LIFE THREATENING INCIDENTS HAVE RESULTED WITHIN THE MILITARY
COMMUNITY AS A RESULT OF THE EMPLOYMENT OF OC SPRAY. THE
PHYSIOLOGICAL EFFECTS OF EXPOSURE TO OC SPRAY WILL VARY FROM SUBJECT
TO SUBJECT. THE MAJORITY OF SUBJECTS MAY EXHIBIT THE FOLLOWING:
THE EYES MAY CLOSE COMPLETELY OR BLINK RAPIDLY; THE RESPIRATORY
SYSTEM MAY BECOME INFLAMED CAUSING COUGHING, GAGGING, HICCUPPING OR
A PERCEIVED INABILITY TO CATCH ONE'S BREATH; AND, ANXIETY AND PANIC
DUE TO THE ABOVE EFFECTS.
4. MARINE CORPS POLICY. TO MINIMIZE THE RISKS ASSOCIATED WITH THE
USE OF OC SPRAY, THE FOLLOWING POLICY AND ACTIONS WILL STANDARDIZE
THE MANNER IN WHICH MARINES/CIVILIAN PERSONNEL ARE TRAINED, EQUIPPED
AND EMPLOY OC SPRAY.
A. OC SPRAY CAPSAICINOID CONTENT LEVEL. PER REFERENCES A & B, THE
MARINE CORPS WILL ONLY PURCHASE AND USE OC SPRAYS THAT ARE
NONFLAMMABLE AND NONCARCINOGENIC WITH A CAPSAICINOID CONTENT LEVEL
BETWEEN .18% AND .22%. OC SPRAY MEETING THIS REQUIREMENT IS
AVAILABLE THROUGH NATIONAL STOCK NUMBER (NSN) #6850014740794, OR
GENERAL SERVICE ADMINISTRATION (GSA) CATALOG UNDER CONTRACT
#GS07F8940D, SPECIAL ITEM #4261D, UNDER THE RESTRAINT CATEGORY.
COMMANDS IN POSSESSION OF OC SPRAY NOT MEETING THE ABOVE
SPECIFICATIONS WILL DISPOSE OF IT IN ACCORDANCE WITH MANUFACTURER'S
INSTRUCTIONS WITHIN 30 DAYS OF THIS MARADMIN.
B. CONTAMINATION LEVELS. THERE ARE 3 LEVELS OF CONTAMINATION A
SUBJECT CAN BE EXPOSED TO:
(1) LEVEL I CONTAMINATION IS DEFINED AS DIRECT PHYSICAL
CONTACT WITH OC. THIS OCCURS WHEN A SUBJECT IS SPRAYED DIRECTLY IN
THE FACE WITH OC. CERTIFICATION TO CARRY OC REQUIRES EXPOSURE TO A
LEVEL I CONTAMINATION.
(2) LEVEL II CONTAMINATION IS DEFINED AS INDIRECT OR
SECONDARY CONTACT WITH OC.
(3) LEVEL III CONTAMINATION IS DEFINED AS AREA CONTAMINATION
WITH OC.
C. TRAINING. COMPLETION OF THE INTERSERVICE NONLETHAL INDIVIDUAL
WEAPONS INSTRUCTOR COURSE (INIWIC) QUALIFIES MARINES TO CONDUCT OC
TRAINING AND CERTIFICATION. THE INIWIC OC PROGRAM OF INSTRUCTION
(POI) IS AVAILABLE VIA MOBILE TRAINING TEAM. INWIWIC MTT TRAINING
WILL BE COORDINATED DIRECTLY THROUGH THE INIWIC SCHOOL HOUSE,
COMM:(573)596-4356, DSN 581-4356. MILITARY POLICE COMMANDS WILL
SUBMIT INIWIC MTT REQUESTS THROUGH HQMC PS DIV TRAINING PROGRAM
MANAGER, COMM: (703)692-4269, DSN 222-4269. RESERVE MARINES WILL BE
TRAINED BY THE HOSTING UNIT PRIOR TO ANY TRAINING OR MOBILIZATION
WHERE OC IS REQUIRED. ONLY QUALIFIED OC INSTRUCTORS ARE AUTHORIZED
TO CONDUCT OC TRAINING AND CERTIFICATION. MARINES MUST COMPLETE
INIWIC TO BE QUALIFIED TO CONDUCT OC TRAINING AND CERTIFICATION.
CIVILIAN/CONTRACTOR LAW ENFORCEMENT INSTRUCTORS MUST BE QUALIFIED
THROUGH INIWIC OR A CMC (PSL) APPROVED OC INSTRUCTOR PROGRAM SUCH AS
OCAT TO CONDUCT OC TRAINING AND CERTIFICATION. THE INIWIC POI WILL
BE USED AS THE STANDARD FOR CONDUCTING OC SPRAY TRAINING AND
CERTIFICATION. ANY INDIVIDUAL WHO CANNOT BE EXPOSED TO OC FOR A
MEDICAL REASON WILL NOT BE ISSUED OC SPRAY FOR EMPLOYMENT. ALL OC
TRAINING WILL INCLUDE FIVE FIGHT THROUGH STATIONS (THESE STATIONS
CAN INCLUDE, UPPER AND LOWER BODY STRIKES, BATON STRIKES AND BLOCKS,
SUBJECT CONTROL TECHNIQUES, AND WEAPONS RETENTION DRILLS) AND
DECONTAMINATION PROCEDURES.
(1) LEVEL I TRAINING. LEVEL I TRAINING WILL CONSIST OF SPRAYING
AN INDIVIDUAL FROM EAR TO EAR, ACROSS THE BROW (EYES CLOSED), WITH A
HALF SECOND TO ONE SECOND SPRAY FROM AN OC CANISTER, 36 INCHES FROM
THE SUBJECTS FACE. THE INDIVIDUAL MUST THEN OPEN HIS/HER EYES,
COMPLETE THE FIVE FIGHT THROUGH STATIONS, AND MAKE IT TO THE
DECONTAMINATION POINT ON THEIR OWN.
(A) INITIAL OC CERTIFICATION TRAINING MUST INCLUDE A LEVEL I
EXPOSURE FOR AN INDIVIDUAL TO CARRY OC SPRAY FOR EMPLOYMENT.
(2) LEVEL II TRAINING. LEVEL II TRAINING WILL CONSIST OF SPRAYING
A CLOTH RAG OR SPONGE WITH A HALF SECOND TO ONE SECOND SPRAY FROM AN
OC CANISTER. THE CLOTH WILL THEN BE WIPED ONCE ACROSS BOTH EYELIDS
(EYES CLOSED). THE INDIVIDUAL MUST THEN OPEN HIS/HER EYES, COMPLETE
THE FIVE FIGHT THROUGH STATIONS, THEN MAKE IT TO THE DECONTAMINATION
POINT ON THEIR OWN.
(3) LEVEL III TRAINING. LEVEL III TRAINING WILL CONSIST OF
SPRAYING AN ENCLOSED AREA WITH A HALF SECOND TO ONE SECOND SPRAY
FROM AN OC CANISTER. THE INDIVIDUAL WILL THEN STEP FULLY INTO THE
CONTAMINATED AREA. THE INDIVIDUAL WILL THEN STEP OUT OF THE AREA,
COMPLETE THE FIVE FIGHT THROUGH STATIONS, THEN MAKE IT TO THE
DECONTAMINATION POINT ON THEIR OWN.
(4) DECONTAMINATION. FOR ANY OC TRAINING A DECONTAMINATION POINT
MUST BE PRESENT. A DECONTAMINATION POINT MUST POSSESS THE FOLLOWING:
(A) A SOURCE OF RUNNING WATER (A WATER HOSE, PORTABLE SINK,
ETC.) BUCKETS OF WATER CAN BE USED, BUT THE WATER MUST BE REPLACED
AFTER EACH INDIVIDUAL USES IT.
(B) AN OPEN AREA, FREE OF OBSTACLES, TO ALLOW AN INDIVIDUAL TO
MOVE ABOUT FREELY FOR EXPOSURE TO FRESH AIR.
(C) FANS, TOWELS, AND EYE SAFE SOAP MAY ALSO BE PRESENT AT THE
DECONTAMINATION POINT, TO BETTER ASSIST THE INDIVIDUAL WITH
DECONTAMINATION.
(D) UNDER NO CIRCUMSTANCES SHOULD CHEMICAL DECONTAMINATION
AGENTS (E.G., BIO-SHIELD, COMMERCIAL EYE WASH, ETC.) BE USED AT THE
DECONTAMINATION POINT.
D. MEDICAL SUPPORT. ALL TRAINING WILL BE CONDUCTED WITH A
CORPSMAN OR COMBAT LIFE SAVER (CLS), TRAINED IN BASIC LIFE SUPPORT
AND EQUIPPED WITH APPROPRIATE MEDICAL EQUIPMENT (UNIT ONE) ON SCENE.
EACH MARINE EXPOSED TO OC WILL BE PAIRED WITH ANOTHER MARINE WHO
WILL ASSIST DURING THE RECOVERY PERIOD AND RENDER FIRST AID AS
NEEDED. MEDICAL ATTENTION WILL BE PROVIDED TO ANY MARINE UPON
REQUEST. STANDARD TREATMENT IS EXPOSURE TO FRESH AIR AND RINSING
WITH COLD WATER. THE EFFECTS CAN LAST TEN MINUTES OR LONGER
DEPENDING UPON INDIVIDUAL TOLERANCES.
(1) MEDICAL REPORTS DO NOT ATTRIBUTE ANY DEATH DIRECTLY CAUSED BY
EXPOSURE TO OC SPRAY, AT ANY CONCENTRATION. THERE ARE DOCUMENTED
CASES IN WHICH SUBJECTS HAVE DIED AFTER BEING SPRAYED WITH OC BY
CIVILIAN LAW ENFORCEMENT OFFICERS. THESE CASES ARE KNOWN AS,
IN-CUSTODY DEATH SYNDROME, WHICH CAN OCCUR IF A SUBJECT IS PLACED IN
A CONFINED SPACE OR ON THEIR STOMACH WITH THEIR HANDS CUFFED BEHIND
THEIR BACK. THE CONSUMPTION OF ALCOHOL AND/OR NARCOTICS MAY ALSO
CONTRIBUTE TO IN-CUSTODY DEATH SYNDROME OF SUBJECTS SPRAYED WITH OC.
SUBJECTS IN THE CONSTRICTED POSITION COULD SUFFER RESPIRATORY
DISTRESS/FAILURE WHILE UNDER THE EFFECTS OF OC. TRAINING REGARDING
THE RESTRAINT OF COMBATIVE SUBJECTS WILL EMPHASIZE PLACING SUBJECTS
IN A SITTING POSITION OR ON THEIR BACKS. INSTRUCTORS WILL CONDUCT
RESTRAINT TRAINING SEPARATE FROM OC EXPOSURE. INSTRUCTORS WILL
EMPHASIZE THAT ALL SUBJECTS SPRAYED WITH OC BE KEPT UNDER CONSTANT
SUPERVISION TO ENSURE THEIR BREATHING IS NOT IMPAIRED.
E. EMPLOYMENT. THE FOLLOWING INFORMATION IS TAKEN FROM REFERENCES
(B), (C), (D) AND (E). COMMANDERS SHOULD CONSULT THESE REFERENCES
PRIOR TO EMPLOYMENT AND CONTACT THEIR STAFF JUDGE ADVOCATE FOR
CLARIFICATION ON ISSUES COVERED BY THIS ALMAR OR THE REFERENCES.
(1) GENERAL. PER REFERENCE (D) AND (E) OC SPRAY IS CONSIDERED A
RIOT CONTROL AGENT (RCA) AND ITS USE IN WAR IS SUBJECT TO
LIMITATIONS IMPOSED BY THE CHEMICAL WEAPONS CONVENTION AND EXECUTIVE
ORDER 11850. THE ARMED FORCES OF THE UNITED STATES ARE PROHIBITED
FROM USING ANY RCA'S IN WAR AS A METHOD OF WARFARE. USE IN WAR FOR
DEFENSIVE PURPOSES TO SAVE LIVES MAY BE PERMITTED IF APPROVED BY THE
PRESIDENT IN ADVANCE. ALL USES OF FORCE INCLUDING THE USE OF RCA'S,
WHETHER IN WAR OR OPERATIONS OTHER THAN WAR, MUST BE IN CONSONANCE
WITH THE RULES OF ENGAGEMENT (ROE) OR USE OF FORCE POLICY APPLICABLE
TO THAT OPERATION. THE USE OF RCA'S OUTSIDE A WAR ZONE IS AUTHORIZED
AS PRESCRIBED FOR PEACETIME.
(2) EMPLOYMENT OF OC SPRAY IN PEACETIME MILITARY OPERATIONS AND
OPERATIONS OTHER THAN WAR AS DESCRIBED IN REFERENCE (C).
(A) RCA'S MAY BE USED ON UNITED STATES BASES, POSTS, EMBASSY
GROUNDS, AND INSTALLATIONS FOR PROTECTION AND SECURITY PURPOSES, RIOT
CONTROL, INSTALLATION SECURITY, CIVIL DISTURBANCE OPERATIONS,
TRAINING, AND NONCOMBATANT EMERGENCY EVACUATION OPERATIONS. THE
UNITED STATES CONTROLLED PORTIONS OF FOREIGN INSTALLATIONS WILL
FOLLOW THE RULES AND GUIDANCE THAT APPLY FOR UNITED STATES
INSTALLATIONS.
(B) OC SPRAY MAY BE USED BY MARINE CORPS LAW ENFORCEMENT AND
SECURITY PERSONNEL FOR THE PERFORMANCE OF LAW ENFORCEMENT/SECURITY
ACTIVITIES:
1. ON-BASE
2. OFF-BASE, WHEN AUTHORIZED BY EXCEPTION TO POSSE
COMITATUS ACT, SECTION 1385 OF TITLE 18, UNITED STATES CODE, IN THE
UNITED STATES AND ITS TERRITORIES AND POSSESSIONS
3. ON-BASE OVERSEAS
4. OFF-BASE OVERSEAS IN THOSE COUNTRIES WHERE SUCH USE IS
SPECIFICALLY AUTHORIZED BY THE HOST-NATION GOVERNMENT.
(C) OC SPRAY MAY BE USED OFF-BASE (WORLDWIDE) FOR THE
PROTECTION OR RECOVERY OF NUCLEAR WEAPONS BASED ON THE PRINCIPLES
CONTAINED IN REFERENCE (D), OR OTHER PROPERLY PROMULGATED AND
APPLICABLE ROE OR RULES ON THE USE OF FORCE.
(3) DETAILED GUIDANCE FOR USE OF RCA BY DOD PERSONNEL IS GOVERNED
BY REFERENCE (C).
(4) THE EMPLOYMENT OF OC SPRAY IS COUPLED WITH THE REQUIREMENT
TO PROVIDE FIRST AID TO THE SUBJECT SPRAYED WITH OC WHEN REASONABLE.
5. REPORTING. COMMANDS WILL REPORT ANY OC ATTRIBUTED ADVERSE
EFFECT SUFFICIENT TO REQUIRE TREATMENT BY A MEDICAL PROVIDER TO THE
APPROPRIATE MEDICAL AUTHORITY. REFERENCE (A).
6. RELEASE AUTHORIZED BY MR. RAYMOND F. GEOFFROY, ASSISTANT DEPUTY
COMMANDANT, PLANS, POLICIES AND OPERATIONS, SECURITY DIVISION.
//