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TRAINING to DECREASE LIABILITY

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

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  1. TRAININGtoDECREASE LIABILITY Alan Thomas Jr. CD OVERT

  2. GOOD MORNING

  3. 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.

  4. 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

  5. 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.

  6. 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

  7. 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.

  8. DESIGN and DOCUMENTATION • Covers pertinent topics • Consistent instruction • Meets local standards • Accurate, objective evaluations • Training records • Defensible criteria

  9. 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

  10. 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.

  11. 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.

  12. 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.

  13. 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.

  14. 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

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

  16. 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

  17. 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)

  18. 2b. DEVELOP ALTERNATIVESRISK FINANCING • Risk financing is the method by which the consequences of risks will be funded. • Insurance • Budgeted capital expenditures

  19. SELECT RISK MANAGEMENT TECHNIQUE • Consider risk frequency & severity • Legal regulations • Organizational objectives • Financial resources • Constraints

  20. IMPLEMENT RISK MANAGEMENT PLAN TECHNICAL DECISIONS • Equipment selection (Spec Ops) • Training content & procedures • Search techniques MANAGERIAL DECISIONS • Roles & interactions of personnel • Working together

  21. 5. MONITOR & EVALUATE RESULTS • Measure & document results topre-determined standards • Modify to correct or improveperformance • Provide feedback to personnel

  22. 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

  23. PROACTIVE APPROACH • Eliminate exposure to potential risk • Limit probability of a loss • Reduce cost of potential loss

  24. 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.

  25. POTENTIAL EXPOSURE AREAS • Inadequate operating procedures • Failure to provide adequate training • Providing improper Clothing • Failure to provide sufficient support

  26. POTENTIAL EXPOSURE AREAS • Unnecessary entry to adjacent properties • Improper use of equipment • Failure to supervise personnel • Poorly maintained equipmentand/or supplies

  27. NEEDS ASSESSMENT DetermineActualPerformance PerformanceGap = Need IdentifyNeeds DetermineRequiredPerformance Rank Needsin Order ofPriority Select Needsto beAddressed

  28. ANALYSIS of PERFORMANCE GAPS • Past performance • Performance prerequisites • Performance frequency • Consequences of performance • External factors- management- equipment • Environment

  29. CAUSES of PERFORMANCE GAPS • Task interference • Lack of practice & feedback • Lack of knowledge +/or skill • negative attitudes • Lack of performance assessment • Inaccurate performance assessment

  30. 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

  31. REMEDIES for PERFORMANCE GAPS • Changing environment • Providing incentives • Changing recruitment criteria • Redefine responsibilities • Training, Training, Training

  32. NEEDS ASSESSMENT DetermineActualPerformance PerformanceGap = Need IdentifyNeeds DetermineRequiredPerformance Rank Needsin Order ofPriority Select Needsto beAddressed

  33. PRIORITIZING TRAINING NEEDS potential severityof consequences Probability of loss TRAINING NEEDS HIERARCHY

  34. 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.

  35. 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

  36. 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.

  37. "WHY RE-INVENT THE WHEEL?" • Elemental Legislation – Sea, Air, land • N.F.P.A. Standard 1670 • NASAR - ESRI • NSS • AHJ Protocols • Applicable local standards

  38. 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

  39. 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

  40. 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

  41. 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

  42. 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

  43. WRITING GOOD TASK STATEMENTS • Specific • Clearly describe work • Specific action verbs and nouns • Understandable on their own • Familiar jargon

  44. 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

  45. 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

  46. 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

  47. DEFENSIBLE CRITERIA Tests employed must be: • Reliable • Yielding consistent results • Valid • Testing what they are designed to test

  48. POSSIBLE CONSTRAINTS • Budget allotments • Instructors • Materials • Time • Equipment • Personnel

  49. POSSIBLE CONSTRAINTS • Laws and regulations • Policies and procedures • Facilities • Expertise • Job standards • Organizational structure

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