“Review of Employers’ Liability Claims in the Fire & Rescue Service” 3 rd 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 Regionalisation of Emergency Fire Controls Regulatory Reform (Fire Safety) Order Integrated Personnel Development System Comprehensive Performance Assessment 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