Managing the Unexpected in Fire Managing the Unexpected in Fire Corps ActivitiesCorps Activities

A Guide to Fire Corps A Guide to Fire Corps Liability IssuesLiability Issues

What is “the unexpected”?What is “the unexpected”?

Unanticipated outcomes

Positive or negative

consequences

Inevitable

Negative ConsequencesNegative Consequences

Direct Indirect• 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

• Mission failure• Damaged reputation • Reduced funding• Loss of partnerships• Fewer volunteers

Benefits of Managing the Benefits of Managing the UnexpectedUnexpected

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

Five Steps to Five Steps to Manage the UnexpectedManage the Unexpected

Step One

Step Two

Step Three

Step Four

Step Five

Secure management support

Assess the environment & history

Identify needs & establish functions

Imagine the unexpected

Choose & implement strategies

Step OneStep One

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 supportDistribute written statement of support from management

Use newsletter/website to reinforce support

Step TwoStep Two

Step Two Assess the environment & history

•Understand the status quo & limitationsExisting non-emergency volunteer programs and functions

Department culture and attitude toward non-emergency volunteers

Existing internal procedures (recruitment, training, assignment etc.)

Scope of existing statutory protection and insurance for non-emergency volunteers

Purpose

Tools •Conduct meetings & interviewsCoordinator of existing non-emergency volunteer program

Human resources

Training and safety

Risk management

•Review documents Existing program documents

Information about existing insurance/statutory protection

Strategic plan

Step ThreeStep Three

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 sessionsHave a wide variety of participants

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 FourStep Four

Step Four Imagine the unexpected

Purpose

Tools

•Identify & prioritize unexpected results

•Analyze planned activities, position descriptions, program procedures, & prior incidents and losses for possible:

Bodily injuries, illnesses & death

Property damage

Disclosure of confidential information

Invasion of privacy

Harassment (sexual or other)

Wrongful discrimination

False arrest or imprisonment

Defamation (libel or slander)

•Prioritize based on consequences•Frequency (How often will the negative outcome occur?)•Severity (How “costly” will the outcome be?)

Step FiveStep Five

Step Five Choose & implement strategies

Purpose •Control & finance unexpected negative outcomes

Tools •Identify and implement strategiesCompatibility with state law and local government policy

Build upon & be consistent with existing department culture and procedures

Consider cost effectiveness of alternatives

Avoid wrongful discrimination

Assign responsibility and accountability for each strategy

Adopt measures of success

StrategiesStrategies

Recruitment

Application

Interview

Screening

Selection

•Recruit volunteers for specific positions to ensure best match

•Reach out to all populations in the community served

•Use standard application format

•Avoid discriminatory questions

•See detailed information in the Fire Corps Liability Guide

•Begin with standardized questions

•Train interviewers to avoid discriminatory questions

•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

•Define selection criteria in advance

•Use written offer letter/volunteer service agreement

StrategiesStrategies

Work conduct rulesWork conduct rules may limit, prohibit, require or

control certain activities.

•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

Safety rulesSafety rules are work conduct rules focused on

safety issues.

•Personal protective equipment•Safe work procedures•Injury reporting requirements•Prohibited activities•Mandatory training & refresher

StrategiesStrategies

General orientation

Job specific training

Recordkeeping

•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

•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

•Maintain written training records (date, topic, individuals trained, content)

StrategiesStrategies

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

StrategiesStrategies

Protection from financial consequencesCheck 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 actionsImmunity

Self-insurance plan

Local government’s or department’s commercial insurance, public risk pool coverage or self-insured plan

•Liability for volunteer injuryImmunity

Exclusive remedy under state law for providing workers’ compensation benefits

Commercial liability insurance or public risk pool

Waiver of liability signed by volunteer

•Volunteer’s liability to othersImmunity

Department’s commercial insurance, public risk pool coverage or self-insured plan

•Sources of injury benefitsWorkers’ compensation insurance or public risk pool coverage

Accident and sickness insurance

Maintaining the MomentumMaintaining the Momentum

•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

Keeping up with changes