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What is the Fire Chief's Responsiblilty As Far As Liability?
Good day,
As a current Fire Chief I am always challenged when I tell our department that I am responsible for everything that happens when the fire department is active in fire suspension, training, building matenance and all other items and if something goes wrong (ex. someone leaves the building with an apparatus while I'm on vacation in Hawaii and kills someone) that I am still responsible and they argue that point.
How and where can I prove that I am correct in this matter and it has to be in black and white?
Desprite.
Replies to This Discussion
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Permalink Reply by Dale Barker on
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Ben,
Believe me I would like to have those but everytime I try to put one in place the department and District shoot it down. How do I fix that?
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Permalink Reply by Mike Schlags (Captain Busy) Retd on
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Document, document, document... You need to protect yourself and your personal liability by documenting your attempts to do all the things you have outlined and shared in this discussion. You can be rest assured that an attorney out there will be watching to see what you do wrong, should something negative happen. You have to wonder sometimes if they actually chase the ambulances...
Not reading all of Jack's references, it's enough to justify your receiving counsel from your city or districts attorneys or legal counsel. You are not the only one liable. I am sure you have to answer to somebody else, including the district folks that might feel different if its pointed out that they are also personally liable and legally involved if a decision they made or told you to enforce resulted in a fatality, injury or fine from OSHA.
As long as you document what you are trying to do, which from the surface seems to be very rational and justified.
Also... on a side note, become friends with Chief Ben Waller and Chief Mike France. They have their act together and should prove to be of assistance, via email which is a lot more candid and private for you.
CBz
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Permalink Reply by Ben Waller on
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Dale,
Message me privately - I can't answer that without information that you probably don't want to post here.
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Permalink Reply by Marc Hansen on
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Dale,
Here are a few examples you can use to justify policies and procedures (and to drive home the point that the world has changed and the fire service is no longer neighbors trying the best they can).
1)State officials with the South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (S.C. OSHA) are levying fines against the Charleston, S.C.-based Sofa Super Store and the City of Charleston Fire Department for violating firefighter safety procedures after a deadly June 13 fire engulfed the store and killed the department's nine firefighters.
According to an OSHA investigation report released on Sept. 20, the Charleston Fire Department was fined $9, 325 for four violations, one of which was a willful violation for having a flawed command system that didn't ensure the safety of all firefighters in an emergency situation. In addition, the agency cited the fire department for not requiring its firefighters to wear body protection as well as the proper respiratory equipment.
2)The City of High Point and the Occupational Health and Safety Division (OSHA) of the North Carolina Department of Labor on Monday, April 11 settled 18 health and safety violations in the High Point Fire Department for $57,000 – $24,300 less than OSHA originally fined the Fire Department...Several of the citations, including the one for the problem that had not been fixed by the city, were over the Fire Department's failure to properly repair its respirators and other breathing equipment, or to make sure that broken equipment was taken out of service.
3) In all, OSHA's nearly six-month investigation was capped Friday by a finding of 16 violations of federal safety standards, 13 of them classified as serious. The findings resulted in $50,450 in fines against the city of Coos Bay...The violations include:
• The incident management system did not meet the requirements of the National Fire Protection Association standards. Several standards were believed to have been violated, including breakdowns in communication and the absence of a Rapid Intervention Team inside the building.
Total penalty: $7,000.
• At least two firefighters were not situated outside the building, ready to set up an emergency rescue.
Total penalty: $5,000.
• Not all firefighters at the scene were being actively tracked by a personnel accountability system.
Total penalty: $5,000.
Employees did not receive annual tests to ensure that respirator facepieces supplied to them were tight fitting. Eight elements comprise this violation for each employee affected.
Total penalty: $13,000.
• A respirator was not used in a dangerous situation when one firefighter went onto the roof without one.
Total penalty: $2,500.
• The city did not ensure that each employee could use a respirator effectively during an emergency.
Total penalty: $5,000.
• Medical evaluations were not provided to determine employees' ability to wear a respirator.
Total penalty: $1,500.
• Employees required to wear respirators were not regularly consulted to identify problems or assess program effectiveness.
Total penalty: $1,250.
• Written respiratory protection program did not include all federally required elements.
Total penalty: $500.
• Repair and maintenance of respiratory equipment was not performed according to manufacturer's recommendation.
Total penalty: $1,500.
• Respirators used in emergency situations were not inspected daily.
Total penalty: $500.
• The program administrator overseeing a respiratory protection program did not have the appropriate qualifications.
Total penalty: $500.
• The 24 volunteer firefighters had not received physical assessments within the past year.
Total penalty: $7,200.
If explaining to them that they can be fined by a federal agency (OSHA and if your not an OSHA plan state I believe it is the EPA that adopts the OSHA standard verbatim) try having them read any NIOSH report on a firefighter LODD and in most cases you will find inadequate written policies and procedures listed. If all else fails try to have them issue a written statement and read into meeting minutes stating that they do not wish to have written policies despite the efforts of you and that all responsibility for not following federal/state laws rest with them. Not the best solution but might keep you out of jail or paying fines
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That is a polar opposite of what you're advocating in the thread about the Alameda drowining.
Which is it?
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At no point did I say that they should have attempted the rescue. The closest I got to the operational end of their decision making was questioning why the USCG with a 45 minute ETA was the only resource requested to respond. All of the other info I posted was about the pr disaster that it will become or to counter a previous post about not helping suicidal individuals in water. In no way did I say or mean to imply they should have attempted something beyond their training or capabilitiies.
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Dale,
Tell your people to watch what happens in alameda. The interim chief who had only been appointed a few weeks ago is going to be left holding the bag on this one, for decisions made by a prior chief. This will probably end up costing him his job and I doubt that he was even on scene.
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I wouldn't bet the next house payment on it.
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Permalink Reply by Phil Towne on
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To the ones that don"t think the chiefs responsiable for everyones action no matter what even if you are not there, if they think that they are not responsiable for anything that happens on a call they should not be elected for that office. If they think that, there classified as a clown of that organization and thats not good for the rest of the department, course as most of us know it only takes one to ruing it for the rest.
For those people that don"t believe that the chief is not responsiable for all actions that take place on any sene of all calls is considered a clown and needs to go back to long schooling.
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Permalink Reply by Henri DeClercq on
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"(ex. someone leaves the building with an apparatus while I'm on vacation in Hawaii and kills someone)" Pretty sure Hawaii is still in the US, technically.
I'm just kidding and poking fun.
But, as far as the Chief being responsible for everything; I just think of it as I do my "professional" job, which is if I'm out of the office for what ever reason and no matter how long (or far) I'm away and one of my subordinates screw something up I'll be responsible in the end, one way or another.
Best of luck and stay safe!
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Permalink Reply by Andrew on
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It is despicable that members would even question you. I've heard of disrespect, but it is pretty low to hear that this is even an issue.
Take the advice of others below - they're very experienced and full of knowledge.
Best of luck. Hopefully you can slap some sense into your members.
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