Review of Employers Liability Claims

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(No Transcript)
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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
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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

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Developments in the Fire Rescue Service
Regulatory Reform (Fire Safety) Order
Integrated Risk Management Plans
New Dimensions
Comprehensive Performance Assessment
Modernising Agenda
Rank to Role
Regionalisation of Emergency Fire Controls
Integrated Personnel Development System
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Current Position
Modernising
Increase in Risk?
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Current Profile of UK Fire Rescue Service

• 47 Fire Rescue Authorities
• 66,000 Whole time
• 5,500 Retained
• Precepting Authority
• And changing rapidly

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Unique Issues affecting Fire Rescue Service

• Risk and Realism in Training
• Dynamic Risk Assessment and Resourcefulness

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Risk Realism in Training

• More prepared More successful
• Safe -v- Realistic
• Protecting Firefighters -v- Saving Lives and
  Property

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Risk Realism in Training Pushing the Safety
Boundaries
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Dynamic Risk Assessment

• Assessing the unknown
• Rapidly changing circumstances
• Critical decisions in unprecedented situations
• Resourcefulness

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Resourcefulness?
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The outcome
Risk Realism in Training

Dynamic Risk Assessment Resourcefulness
Highly Vulnerable to Risk
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Claims Analysis

• Claimant Profile
• Types of claims
• Where injuries occur
• Basis of claim / what is alleged

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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
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Types of Claim

• Slips and Trips
• Muscloskeletal
• Lifting
• Manoeuvring
• Pulling
• Entering and disembarking vehicles
• Mostly soft tissue injuries

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Where Injuries Occur

• Training Ground
• Workshop
• On way to incidents / In vehicles
• Extra-ordinary Rescue Operations
• Gym
• Fire / Incident Ground

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What is alleged

• Poor Housekeeping
• Inadequate Instruction and Supervision
• Inadequacy / Defective / Malfunction of PPE
• Inappropriate use of PPE
• Poor Systems of Work

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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

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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?

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Overview of legislative developments and review
of court judgements