“review of employers’ liability claims in the fire & rescue service” 3 rd november 2005...

“Review of Employers’ Liability Claims in the

Fire & Rescue Service”3rd November 2005

Martin Devaney, Risk Manager, St Paul Travelers&

Tom Walshaw, Associate, Barlow Lyde & Gilbert

Workshop Outline

Overview of recent developments

Unique issues affecting Fire & Rescue Services

Claims analysis

Emerging Issues

Risk management considerations

Overview of legislative developments

Review of court judgements

Developments in the Fire & Rescue Service

New Dimensions

Integrated Risk Management Plans

Rank to Role

Regionalisationof EmergencyFire Controls

Regulatory Reform (Fire Safety) Order

Integrated Personnel Development System

ComprehensivePerformanceAssessment

Modernising Agenda

Current Position

ModernisingIncrease in Risk?

Current Profile of UK Fire & Rescue Service

47 Fire & Rescue Authorities

66,000 Whole time

5,500 Retained

Precepting Authority

And changing rapidly…

Unique Issues affecting Fire & Rescue Service

Risk and Realism in Training

Dynamic Risk Assessment and Resourcefulness

Risk & Realism in Training

More prepared = More successful

Safe -v- Realistic

Protecting Firefighters -v- Saving Lives and Property

Risk & Realism in Training – Pushing the Safety Boundaries

Dynamic Risk Assessment

Assessing the unknown

Rapidly changing circumstances

Critical decisions in unprecedented situations

Resourcefulness

Resourcefulness?

The outcome…

Risk & Realism in Training

+

Dynamic Risk Assessment & Resourcefulness

= Highly Vulnerable to Risk

Claims Analysis

Claimant Profile

Types of claims

Where injuries occur

Basis of claim / what is alleged

Claimant Profile

8% of FBU Membership per annum (2004)

Whole time: 93%

Retained: 6%

Volunteer: 0.25%

18 – 35: 25%

36 – 50: 70%

Over 50: 5% Source: FBU & ODPM

Types of Claim

Slips and Trips

Muscloskeletal

- Lifting

- Manoeuvring

- Pulling

Entering and disembarking vehicles

Mostly soft tissue injuries

Where Injuries Occur

Training Ground

Workshop

On way to incidents / In vehicles

Extra-ordinary Rescue Operations

Gym

Fire / Incident Ground

What is alleged

Poor Housekeeping

Inadequate Instruction and Supervision

Inadequacy / Defective / Malfunction of PPE

Inappropriate use of PPE

Poor Systems of Work

Emerging Issues

Assaults on crews

PTSD

‘Open Days’

Fitness of Retained Fire Fighters

Cutbacks in Social Care Providers (increase in non-emergency demand

New Dimensions / Impact of CCA (safe systems of work?)

Fire Hydrant failures

Risk management considerations

Focus on high risk areas e.g. workshops

Parameters for ‘Risk & Realism in Training’

Monitor training ground incidents

Clear understanding of meaning and application of ‘Dynamic Risk Assessment’

Post incident de-briefing

Thorough Accident Investigation Procedures

Exacerbating factors /secondary causation – other employment?

Overview of legislative developments and

review of court judgements