“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 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