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

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

3. Negative Consequences DirectIndirect 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

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

5. Five Steps to Manage 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

6. Step One Secure management support PurposePromote effort throughout the organization Increase access to resources ToolsDevelop examples of potential problems Meet with senior management Publicize management support  Distribute written statement of support from management  Use newsletter/website to reinforce support

7. Step Two Assess the environment & history Understand the status quo & limitations  Existing 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 ToolsConduct meetings & interviews  Coordinator 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

8. Step Three Identify needs & establish functions PurposesIdentify unmet needs & develop a plan to meet them, including program procedures & position descriptions ToolsConduct interviews & brainstorming sessions  Have 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

9. 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?)

10. Step Five Choose & implement strategies PurposeControl & finance unexpected negative outcomes ToolsIdentify and implement strategies  Compatibility 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

11. Strategies 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

12. Strategies Work conduct rules Work 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 rules Safety rules are work conduct rules focused on safety issues. Personal protective equipment Safe work procedures Injury reporting requirements Prohibited activities Mandatory training & refresher

13. Strategies 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)

14. 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

15. Strategies Protection from financial consequences Check with an attorney about governmental immunity and waiver Check with a risk manager about insurance/self-insured plans SponsorVolunteer Liability for sponsor’s or volunteer’s actions  Immunity  Self-insurance plan  Local government’s or department’s commercial insurance, public risk pool coverage or self-insured plan Liability for volunteer injury  Immunity  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 others  Immunity  Department’s commercial insurance, public risk pool coverage or self-insured plan Sources of injury benefits  Workers’ compensation insurance or public risk pool coverage  Accident and sickness insurance

16. Maintaining 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