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TRAINING to DECREASE LIABILITY. Alan Thomas Jr. CD OVERT. GOOD MORNING. VICARIOUS LIABILITY. The organization and / or employer is ultimately responsible for the conduct of the employee while the employee is carrying out the employer's business. VICARIOUS LIABILITY.

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training to decrease liability
TRAININGtoDECREASE LIABILITY

Alan Thomas Jr. CD

OVERT

vicarious liability
VICARIOUS LIABILITY

The organization and / or employer

is ultimately responsible for the conduct

of the employee while the employee is

carrying out the employer's business.

vicarious liability4
VICARIOUS LIABILITY

"On February 28, 1989, the U. S.

Supreme Court ruled unanimously

in City of Canton v. Harris that

a city may be held liable for failure

to train its employees properly."*

*J.A. Sample, "May Government Agencies be Liable for Failure to Train their Employees to Standard?" Emergency Preparedness Digest, (1990 July-September): 28

vicarious liability5
VICARIOUS LIABILITY

In a similar 1989 landmark decision,

the Supreme Court of Canada ruled

that municipalities in the Province

of Quebec are liable for damages

resulting from the negligence of

their Fire Fighters and from

defective fire fighting equipment.

the andy warburton story summer 1986
The Andy Warburton Story summer 1986
  • Tragedy often precipitates change. In the summer of 1986 another child, nine-year old Andrew Warburton, became lost in the woods outside Halifax. Andy and his family from Ontario were visiting friends and family in Nova Scotia. Within hours a search was begun for young Andy that would come to included more than 5,000 volunteers combing the woods, making it the largest ground search in Canadian history. Despite a large scale effort, his discovery was too late and young Andy Warburton died in the woods.
  • Halifax Regional Search and Rescue
transfer of financial responsibility
TRANSFER ofFINANCIAL RESPONSIBILITY

These decisions are of great importance

to insurance companies wishing to

transfer financial responsibility to a

municipality for damages sustained by

the insured as a result of the failure

of municipal fire fighters to contain,

control, and extinguish fires.

design and documentation
DESIGN and DOCUMENTATION
  • Covers pertinent topics
  • Consistent instruction
  • Meets local standards
  • Accurate, objective evaluations
  • Training records
  • Defensible criteria
objectives
OBJECTIVES
  • Describe the necessary componentsto successfully sue for negligence
  • Provide an overview of theRisk Management Process
  • Describe how to design good,defensible training programs thatcan reduce exposure to liability
negligence
NEGLIGENCE

"Negligence is the failure to exercise

the care that a prudent person usually

exercises."*

* Justice Institute of British Columbia, Risk Management for the Fire Service (British Columbia: 1988), 2.

duty of care
DUTY of CARE

"A duty exists when it is stipulated

in law or when it should have been

'reasonably foreseeable' that the

plaintiff could suffer a loss by a

breach of the defendant's duty of

care" *

* Justice Institute of British Columbia, Risk Management for the Fire Service (British Columbia: 1988), 12.

standard of care
STANDARD of CARE

"Once a duty of care has been

established, it is necessary to determine

whether the defendant has failed to

conform to the standard of care imposed

by the law of negligence."*

* Justice Institute of British Columbia, Risk Management for the Fire Service (British Columbia: 1988), 12.

plaintiff loss
PLAINTIFF LOSS

"It must be established that a duty of

care was breached by the defendant

due to his failure to meet the

standard of care and that this

resulted in a plaintiff loss or

damage suffered."*

* Justice Institute of British Columbia, Risk Management for the Fire Service (British Columbia: 1988), 12.

slide14

NEGLIGENCE

P

S

L

D

T

A

U

A

I

T

N

N

Y

D

T

A

I

O

R

F

F

D

F

C

O

L

A

F

O

fails to meet

R

results in

S

E

C

S

A

R

breaches

E

risk management process
RISK MANAGEMENT PROCESS

1.Identify risks

2.Develop alternatives

3.Select corrective/proactive action

4.Implement risk management plan

5.Monitor, evaluate and revise

1 identify analyze loss exposures
1. IDENTIFY & ANALYZELOSS EXPOSURES
  • Review previous loss patterns(frequency & severity)
  • Review frequency & severity ofpotential loss probabilities
  • Consider consequences of lossoccurrences
  • Isolate most severe & frequentrisks for priority attention
2a develop alternatives risk control
2a. DEVELOP ALTERNATIVESRISK CONTROL
  • Avoid exposure (drop risky activity)
  • PREVENT LOSS BY REDUCING RISK(maintenance, training, S.O.P/G – OG eg.)
  • Reduce severity of loss (training insafety measures, e.g. Clothing, Comms
  • Separation of exposures(contingency plans, backups)
  • Contractual transfer of potential loss(waivers)
2b develop alternatives risk financing
2b. DEVELOP ALTERNATIVESRISK FINANCING
  • Risk financing is the method

by which the consequences of risks

will be funded.

  • Insurance
  • Budgeted capital expenditures
select risk management technique
SELECT RISK MANAGEMENT TECHNIQUE
  • Consider risk frequency & severity
  • Legal regulations
  • Organizational objectives
  • Financial resources
  • Constraints
implement risk management plan
IMPLEMENT RISK MANAGEMENT PLAN

TECHNICAL DECISIONS

  • Equipment selection (Spec Ops)
  • Training content & procedures
  • Search techniques

MANAGERIAL DECISIONS

  • Roles & interactions of personnel
  • Working together
5 monitor evaluate results
5. MONITOR & EVALUATE RESULTS
  • Measure & document results topre-determined standards
  • Modify to correct or improveperformance
  • Provide feedback to personnel
risk management
RISK MANAGEMENT

"Today's environment requires that Fire

Department managers have a risk-management

mentality and approach. A risk management

program understands, teaches, prevents,

minimizes, predicts, shares and defends

against legal liability."*

* Alan V. Brunacini, "A Game Plan Reduces Legal Risk", NFPA Journal Volume 86/Number 2, Quincy, MA (March/April 1992): 28

proactive approach
PROACTIVE APPROACH
  • Eliminate exposure to potential risk
  • Limit probability of a loss
  • Reduce cost of potential loss
training to decrease exposure
TRAINING to DECREASE EXPOSURE

Inadequate training could create a potential

exposure by breaching a duty of care as

a result of failure to meet a reasonable

standard of care.

potential exposure areas
POTENTIAL EXPOSURE AREAS
  • Inadequate operating procedures
  • Failure to provide adequate training
  • Providing improper Clothing
  • Failure to provide sufficient support
potential exposure areas27
POTENTIAL EXPOSURE AREAS
  • Unnecessary entry to adjacent properties
  • Improper use of equipment
  • Failure to supervise personnel
  • Poorly maintained equipmentand/or supplies
needs assessment
NEEDS ASSESSMENT

DetermineActualPerformance

PerformanceGap = Need

IdentifyNeeds

DetermineRequiredPerformance

Rank Needsin Order ofPriority

Select Needsto beAddressed

analysis of performance gaps
ANALYSIS of PERFORMANCE GAPS
  • Past performance
  • Performance prerequisites
  • Performance frequency
  • Consequences of performance
  • External factors- management- equipment
  • Environment
causes of performance gaps
CAUSES of PERFORMANCE GAPS
  • Task interference
  • Lack of practice & feedback
  • Lack of knowledge +/or skill
  • negative attitudes
  • Lack of performance assessment
  • Inaccurate performance assessment
causes of performance gaps31
CAUSES of PERFORMANCE GAPS
  • Unknown performance standards
  • Positive consequences for non-performance
  • Negative consequences for performance
  • Lack of recognition or support
  • Inappropriate personnel
  • Inadequate equipment or material
remedies for performance gaps
REMEDIES for PERFORMANCE GAPS
  • Changing environment
  • Providing incentives
  • Changing recruitment criteria
  • Redefine responsibilities
  • Training, Training, Training
needs assessment33
NEEDS ASSESSMENT

DetermineActualPerformance

PerformanceGap = Need

IdentifyNeeds

DetermineRequiredPerformance

Rank Needsin Order ofPriority

Select Needsto beAddressed

prioritizing training needs
PRIORITIZING TRAINING NEEDS

potential severityof consequences

Probability of loss

TRAINING

NEEDS

HIERARCHY

occupational analysis
OCCUPATIONAL ANALYSIS

An occupational analysis is the process

of breaking down an occupation into the

Worthy performances, duties or tasks

performed by workers on the job.

occupational analysis36
OCCUPATIONAL ANALYSIS

"Basing a training program on the actual

job tasks performed in the occupation

will help ensure that students will master

the skills that will make them competent

workers."*

* Wm. E. Blank, Developing Competency-Based Training Programs (Englewood Cliffs, N.J. Prentice-Hall, 1982) p. 56

use of standards
USE OF STANDARDS

"More and more external standards are

influencing our business. The current package

of codes, standards and regulations all becomes

part of what is considered accepted good

practice in fire department operations." *

* Alan V. Brunacini, op. cit. p.28.

why re invent the wheel
"WHY RE-INVENT THE WHEEL?"
  • Elemental Legislation – Sea, Air, land
  • N.F.P.A. Standard 1670
  • NASAR - ESRI
  • NSS
  • AHJ Protocols
  • Applicable local standards
training to standard
TRAINING TO STANDARD

"Training to standard refers to the responsibility that a

public sector organization has to adequately develop

requisite knowledge, skills, and/or attitudes for job tasks

that are potentially hazardous to employees and the

public.

Standard refers to the level of measurable job performance

expected of employees who carry out their jobs safely

and efficiently." *

* J. A. Sample, "Civil Liability for Failure to Train to Standard", Educational Technology, (1989) 29(6): 23

slide40

SUBJECT

TASK

ANALYSIS

STANDARD

DUTY

TASK 1

TASK 2

TASK 3

sub-task 2.1

teachingpoint 2.2

sub-task 2.3

teachingpoint 2.4

sub-task 2.5

skillknowledge

skillknowledge

skillknowledge

skillknowledge

skillknowledge

slide41

St. John Ambulance

First Aid

Rescue Carries

Drag Carry from Sitting Position

untangle feet

positionleft arm

support head

graspleft wrist

pivot out

skillknowledge

skillknowledge

skillknowledge

skillknowledge

skillknowledge

slide42

St. John Ambulance

First Aid

Rescue Carries

Drag Carry from Sitting Position

untangle feet

positionleft arm

support head

graspleft wrist

pivot out

skillknowledge

skillknowledge

skillknowledge

skillknowledge

skillknowledge

slide43

Drag Carry from Sitting Position

positionleft arm

manualdexterity

slide your left arm under thecasualty's left armpit frombehind and up the chest tograsp the chin and lower jaw

writing good task statements
WRITING GOOD TASK STATEMENTS
  • Specific
  • Clearly describe work
  • Specific action verbs and nouns
  • Understandable on their own
  • Familiar jargon
quality control
QUALITY CONTROL
  • Review by job or subject matter expert- Task is part of the job- Wording is precise and accurate
  • Formative evaluation- Field testing by experienced personnel
performance objectives
PERFORMANCE OBJECTIVES

"An objective describes an intended result of

instruction, rather than the process of instruction

itself. Furthermore, in order for an objective to be

useful it should describe important conditions

(if any) under which performance is to occur and,

whenever possible, describe the criterion of

acceptable performance by describing how well

the learner must perform in order to be considered

acceptable." *

* Robert F. Mager, Preparing instructional Objectives, revised second edition (Belmont CA, Pitman Learning Inc., 1984) p. 79

writing performance objectives

CONDITIONS

WRITING PERFORMANCE OBJECTIVES

BEHAVIOUR

CRITERIA

givens

desired performance

standards

measuringperformance

inputs

behaviour specifiedby sub-task /teaching point

place

acceptable limits

equipment

demonstrate usingnew skills

specific qualities

instruction

actions demonstratemastery of objectives

quantifiable

time

defensible criteria
DEFENSIBLE CRITERIA

Tests employed must be:

  • Reliable
    • Yielding consistent results
  • Valid
    • Testing what they are designed to test
possible constraints
POSSIBLE CONSTRAINTS
  • Budget allotments
  • Instructors
  • Materials
  • Time
  • Equipment
  • Personnel
possible constraints50
POSSIBLE CONSTRAINTS
  • Laws and regulations
  • Policies and procedures
  • Facilities
  • Expertise
  • Job standards
  • Organizational structure
instructional motivation
INSTRUCTIONAL MOTIVATION
  • Relevance
  • Historical anecdotes
  • Critical safety
  • Performance objectives
content presentation
CONTENT PRESENTATION
  • Work backwards from ultimate goal
  • Identify tasks and sub-tasks
  • Build upon newly learned skills
  • Practice and reinforcement
clustering objectives
CLUSTERING OBJECTIVES
  • Time allotment
  • Subject matter difficulty
  • Number of participants
  • Nature of materials
  • Practice required
practice and feedback
PRACTICE and FEEDBACK
  • Learn by doing
  • Simulate real conditionsand situations
  • Interpretation of performance- teaching points- performance objectives
  • Reinforce desired behaviours
training records
TRAINING RECORDS
  • Lower risk insurance ratings
  • Demonstrable standard of care
  • Limit exposure to potentialrisks
  • Standardize training
  • Limit instructor subjectivity
post training activities
POST-TRAINING ACTIVITIES
  • Scheduled practice sessions
  • Performance & written tests
  • Enrichment activities
  • Remedial activities
again why re invent the wheel
AGAIN? “WHY RE-INVENT THE WHEEL?"

REVIEW EXISTING MATERIALS

  • PPT slide & 35mm
  • OHP
  • DVD Video
  • NASAR – E.S.R.I - NSS
quality control58
QUALITY CONTROL
  • Feedback from participants- accuracy- applicability
  • Before, during & afterimplementation
implementation
IMPLEMENTATION
  • Knowledge of subject material
  • Pace of lessons
  • Appropriate training aids
  • Adequate practice time
  • Practice delivery
additional benefits advantages
ADDITIONAL BENEFITS & ADVANTAGES
  • Content for lesson plans
  • Checklist of teaching points
  • Search members have cleardescription of evaluation criteria
  • Instructor subjectivity minimized
additional benefits advantages61
ADDITIONAL BENEFITS & ADVANTAGES
  • Means to identify training needs
  • Accurate, meaningful records
  • Performance evaluations
  • Development of certificationprograms
  • Increased motivation
additional benefits advantages62
ADDITIONAL BENEFITS & ADVANTAGES
  • Increased training efficiency
  • Formative evaluation andskill retention
  • Current training modules
  • Teaching points can be usedto prepare training videos
future trends
FUTURE TRENDS
  • Public consciousness
  • Existing legislation
  • New legislation
  • Expected standards of care
  • Incorporation into Leader training
training to decrease liability64
TRAINING to DECREASE LIABILITY

All SAR Members and Administrative

Personnel will all be protected by a process

Which verifies that critical skills have

been identified, taught and demonstrated,

thereby meeting a reasonable standard

of care.

slide65

THANK YOU

Alan Thomas Jr. CD

OVERT.ca

ibasquarepeg@aol.com

ibasquarepeg@hotmail.com