Managing the Unexpected in Fire Corps Activities A

Managing the Unexpected in Fire Corps Activities A Guide to Fire Corps Liability Issues

What is “the unexpected”? Unanticipated outcomes Positive or negative consequences Inevitable

Negative Consequences Direct • • • Bodily injury Medical expenses Lost volunteer services Property damage Lost use of property Repair/replacement cost Insurance deductibles Higher insurance costs Defense costs Settlements Judgments Indirect • • • Mission failure Damaged reputation Reduced funding Loss of partnerships Fewer volunteers

Benefits of Managing the Unexpected • • • Reduce liability costs Lower insurance premiums Retain investment in volunteers Increase the volunteer pool Maintain good reputation Satisfy mission

Five Steps to Manage the Unexpected Step One Secure management support Step Two Assess the environment & history Step Three Identify needs & establish functions Step Four Imagine the unexpected Step Five Choose & implement strategies

Step One Secure management support Purpose • Promote effort throughout the organization • Increase access to resources Tools • Develop examples of potential problems • Meet with senior management • Publicize management support v. Distribute written statement of support from management v. Use newsletter/website to reinforce support

Step Two Assess the environment & history Purpose • Understand the status quo & limitations v. Existing non-emergency volunteer programs and functions v. Department culture and attitude toward non-emergency volunteers v. Existing internal procedures (recruitment, training, assignment etc. ) v. Scope of existing statutory protection and insurance for nonemergency volunteers Tools • Conduct meetings & interviews v. Coordinator of existing non-emergency volunteer program v. Human resources v. Training and safety v. Risk management • Review documents v. Existing program documents v. Information about existing insurance/statutory protection v. Strategic plan

Step Three Identify needs & establish functions Purposes • Identify unmet needs & develop a plan to meet them, including program procedures & position descriptions Tools • Conduct interviews & brainstorming sessions v. Have a wide variety of participants v. Look for new ideas as well as previous failures and successes • Review existing volunteer programs & strategic plan • Talk to other Fire Corps programs • Consult with a human resources professional about position description format and contents

Step Four Imagine the unexpected Purpose • Identify & prioritize unexpected results Tools • Analyze planned activities, position descriptions, program procedures, & prior incidents and losses for possible: v. Bodily injuries, illnesses & death v. Property damage v. Disclosure of confidential information v. Invasion of privacy v. Harassment (sexual or other) v. Wrongful discrimination v. False arrest or imprisonment v. Defamation (libel or slander) • Prioritize based on consequences • Frequency (How often will the negative outcome occur? ) • Severity (How “costly” will the outcome be? )

Step Five Choose & implement strategies Purpose • Control & finance unexpected negative outcomes Tools • Identify and implement strategies v. Compatibility with state law and local government policy v. Build upon & be consistent with existing department culture and procedures v. Consider cost effectiveness of alternatives v. Avoid wrongful discrimination v. Assign responsibility and accountability for each strategy v. Adopt measures of success

Strategies Recruitment • Recruit volunteers for specific positions to ensure best match • Reach out to all populations in the community served Application • Use standard application format • Avoid discriminatory questions • See detailed information in the Fire Corps Liability Guide Interview • Begin with standardized questions • Train interviewers to avoid discriminatory questions Screening • May include references, professional credentials, fingerprinting/criminal records check, driving record check, drug testing • Tailor screening to the position • Use screening consistently • Obtain applicant’s written consent for background checks Selection • Define selection criteria in advance • Use written offer letter/volunteer service agreement

Strategies Work conduct rules Safety rules Work conduct rules may limit, prohibit, require or control certain activities. Safety rules are work conduct rules focused on safety issues. • Photography • Department computers & internet • Cellular telephones • Harassment (sexual & other) • Wrongful discrimination • Drug & alcohol • Smoking • Confidentiality & privacy • Carrying weapons • Wearing uniforms • Carrying department identification • Vehicle use • Mandatory training & refresher • Statements to media • Required hours and timekeeping • Personal protective equipment • Safe work procedures • Injury reporting requirements • Prohibited activities • Mandatory training & refresher

Strategies General orientation • Mission of program • Chain of command • Volunteer benefits and protection • Volunteer evaluation and termination procedures • Work conduct and general safety rules • Distribute handbook including above and have volunteer sign acknowledging receipt and agreeing to obey rules Job specific training • Opportunity to ask questions • Position’s authority and limitations • Job specific hazards and safety rules • Procedures and use of equipment • Some topics may be legally mandated and require specific content and refresher training Recordkeeping • Maintain written training records (date, topic, individuals trained, content)

Strategies Supervision, performance evaluation, progressive discipline and termination Develop procedures with an attorney or experienced human resources professional • Be clear about any differences between the process for volunteer emergency responders and the process for non-emergency volunteers • Clearly identify actions that warrant immediate dismissal (e. g. intent to harm another, use of drugs or alcohol, or gross negligence) • Communicate deficiencies, reasons for action and expected changes • Written documentation of each step • Administer in a consistent and non-discriminatory manner • Treat as confidential personnel actions

Strategies Protection from financial consequences Check with an attorney about governmental immunity and waiver Check with a risk manager about insurance/self-insured plans Sponsor Volunteer • Liability for sponsor’s or volunteer’s actions • Volunteer’s liability to others v. Immunity v. Department’s commercial insurance, public risk pool coverage or self-insured plan v. Self-insurance plan v. Immunity v. Local government’s or department’s commercial insurance, public risk pool coverage or self-insured plan • Sources of injury benefits • Liability for volunteer injury v. Accident and sickness insurance v. Immunity v. Exclusive remedy under state law for providing workers’ compensation benefits v. Commercial liability insurance or public risk pool v. Waiver of liability signed by volunteer v. Workers’ compensation insurance or public risk pool coverage

Maintaining the Momentum Keeping up with changes • Submit regular reports to management • Insert content in newsletters • Require ongoing training • Empower volunteers to report problems • Repeat Five Step review every 3 -4 years • Monitor changes in program activities • Make interim adjustments to address changes • Convene a review committee to analyze incidents and make recommendations