TRAINING to DECREASE LIABILITY

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TRAININGtoDECREASE LIABILITY
Alan Thomas Jr. CD OVERT
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GOOD MORNING
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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.

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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
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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.

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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

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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.

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DESIGN and DOCUMENTATION

• Covers pertinent topics
• Consistent instruction
• Meets local standards
• Accurate, objective evaluations
• Training records
• Defensible criteria

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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

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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.
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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.
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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.
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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.
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RISK MANAGEMENT PROCESS

• 1. Identify risks
• 2. Develop alternatives
• 3. Select corrective/proactive action
• 4. Implement risk management plan
• 5. Monitor, evaluate and revise

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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

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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)

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2b. DEVELOP ALTERNATIVESRISK FINANCING

• Risk financing is the method
• by which the consequences of risks
• will be funded.
• Insurance
• Budgeted capital expenditures

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SELECT RISK MANAGEMENT TECHNIQUE

• Consider risk frequency severity
• Legal regulations
• Organizational objectives
• Financial resources
• Constraints

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IMPLEMENT RISK MANAGEMENT PLAN

• TECHNICAL DECISIONS
• Equipment selection (Spec Ops)
• Training content procedures
• Search techniques
• MANAGERIAL DECISIONS
• Roles interactions of personnel
• Working together

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5. MONITOR EVALUATE RESULTS

• Measure document results topre-determined
  standards
• Modify to correct or improveperformance
• Provide feedback to personnel

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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
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PROACTIVE APPROACH

• Eliminate exposure to potential risk
• Limit probability of a loss
• Reduce cost of potential loss

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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.

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POTENTIAL EXPOSURE AREAS

• Inadequate operating procedures
• Failure to provide adequate training
• Providing improper Clothing
• Failure to provide sufficient support

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POTENTIAL EXPOSURE AREAS

• Unnecessary entry to adjacent properties
• Improper use of equipment
• Failure to supervise personnel
• Poorly maintained equipmentand/or supplies

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NEEDS ASSESSMENT
DetermineActualPerformance
IdentifyNeeds
PerformanceGap Need
DetermineRequiredPerformance
Rank Needsin Order ofPriority
Select Needsto beAddressed
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ANALYSIS of PERFORMANCE GAPS

• Past performance
• Performance prerequisites
• Performance frequency
• Consequences of performance
• External factors- management- equipment
• Environment

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CAUSES of PERFORMANCE GAPS

• Task interference
• Lack of practice feedback
• Lack of knowledge /or skill
• negative attitudes
• Lack of performance assessment
• Inaccurate performance assessment

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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

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REMEDIES for PERFORMANCE GAPS

• Changing environment
• Providing incentives
• Changing recruitment criteria
• Redefine responsibilities
• Training, Training, Training

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NEEDS ASSESSMENT
DetermineActualPerformance
IdentifyNeeds
PerformanceGap Need
DetermineRequiredPerformance
Rank Needsin Order ofPriority
Select Needsto beAddressed
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PRIORITIZING TRAINING NEEDS
potential severityof consequences
Probability of loss
TRAINING
NEEDS
HIERARCHY
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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.

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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
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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.
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"WHY RE-INVENT THE WHEEL?"

• Elemental Legislation Sea, Air, land
• N.F.P.A. Standard 1670
• NASAR - ESRI
• NSS
• AHJ Protocols
• Applicable local standards

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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
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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
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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
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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
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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
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WRITING GOOD TASK STATEMENTS

• Specific
• Clearly describe work
• Specific action verbs and nouns
• Understandable on their own
• Familiar jargon

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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

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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
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WRITING PERFORMANCE OBJECTIVES
CRITERIA
BEHAVIOUR
CONDITIONS
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
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DEFENSIBLE CRITERIA

• Tests employed must be
• Reliable
• Yielding consistent results
• Valid
• Testing what they are designed to test

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POSSIBLE CONSTRAINTS

• Budget allotments
• Instructors
• Materials
• Time
• Equipment
• Personnel

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POSSIBLE CONSTRAINTS

• Laws and regulations
• Policies and procedures
• Facilities
• Expertise
• Job standards
• Organizational structure

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INSTRUCTIONAL MOTIVATION

• Relevance
• Historical anecdotes
• Critical safety
• Performance objectives

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CONTENT PRESENTATION

• Work backwards from ultimate goal
• Identify tasks and sub-tasks
• Build upon newly learned skills
• Practice and reinforcement

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CLUSTERING OBJECTIVES

• Time allotment
• Subject matter difficulty
• Number of participants
• Nature of materials
• Practice required

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PRACTICE and FEEDBACK

• Learn by doing
• Simulate real conditionsand situations
• Interpretation of performance- teaching points-
  performance objectives
• Reinforce desired behaviours

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TRAINING RECORDS

• Lower risk insurance ratings
• Demonstrable standard of care
• Limit exposure to potentialrisks
• Standardize training
• Limit instructor subjectivity

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POST-TRAINING ACTIVITIES

• Scheduled practice sessions
• Performance written tests
• Enrichment activities
• Remedial activities

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AGAIN? WHY RE-INVENT THE WHEEL?"

• REVIEW EXISTING MATERIALS
• PPT slide 35mm
• OHP
• DVD Video
• NASAR E.S.R.I - NSS

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QUALITY CONTROL

• Feedback from participants- accuracy-
  applicability
• Before, during afterimplementation

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IMPLEMENTATION

• Knowledge of subject material
• Pace of lessons
• Appropriate training aids
• Adequate practice time
• Practice delivery

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ADDITIONAL BENEFITS ADVANTAGES

• Content for lesson plans
• Checklist of teaching points
• Search members have cleardescription of
  evaluation criteria
• Instructor subjectivity minimized

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ADDITIONAL BENEFITS ADVANTAGES

• Means to identify training needs
• Accurate, meaningful records
• Performance evaluations
• Development of certificationprograms
• Increased motivation

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ADDITIONAL BENEFITS ADVANTAGES

• Increased training efficiency
• Formative evaluation andskill retention
• Current training modules
• Teaching points can be usedto prepare training
  videos

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FUTURE TRENDS

• Public consciousness
• Existing legislation
• New legislation
• Expected standards of care
• Incorporation into Leader training

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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.

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THANK YOU
Alan Thomas Jr. CD OVERT.ca ibasquarepeg_at_aol.com i
basquarepeg_at_hotmail.com