By Michael K. Anderson
Training is essential to fire department and emergency medical services (EMS) operations. Its significance is further heightened due to the evolving mission of these departments, limited funding, decreased firefighter staffing, and station closures, which consequently increase the risks associated with the job.
Therefore, it’s imperative for all departments, whether career, volunteer, or combination, to prioritize continuous, constant, and comprehensive training, either on a weekly or monthly basis.
Fatalities and injuries have been reported in various training activities, such as all types of drills, physical fitness exercises, and live-fire training. It is important to note that some injuries sustained during training can have long-term career implications, including but not limited to financial and disability.
The primary focus of the fire department leadership, safety, and training officers is safety, prioritizing it over education and skill objectives during training sessions. Safety should be emphasized during classroom briefings before going to the drill grounds for hands-on training. Leaders are responsible for staying updated on the latest training standards and guidelines, creating a safe training environment by eliminating potential hazards, understanding the current training requirements, and learning from past incidents to prevent injuries and fatalities. This can be accomplished by reviewing National Institute for Occupational Safety and Health (NIOSH), National Fire Protection Association (NFPA), and National Institute of Standards and Technology (NIST) reports and ensuring adequately documented classroom training is conducted before training on the drill training grounds.
The NFPA provides various training guidelines for department leadership, safety, and training officers. These guidelines are outlined in NFPA 1403, 1582, 1002, and 1670. Following these guidelines is crucial in preventing training-related injuries and deaths.
In the event of a training accident, the safety and training officers must conduct a thorough investigation and document the incident. Once the safety and training officers conduct the preliminary investigation, their report is submitted to the department’s leadership for review and any required follow-up investigation. These investigations are required by law and are a valuable learning resource to prevent similar incidents in the future.
Other government agencies at all jurisdiction levels may conduct independent investigations if the accident involves a fatality or severe injury. The findings and documentation previously conducted by the safety, training officers, and department leadership should be submitted to the government mentioned above jurisdictions for their review and transparency purposes. All investigations conducted by the department and government jurisdictions can support a defense and prosecution for the individuals involved and the department.
Litigation arising from training injuries and fatalities focuses on the department rather than the training and safety officers under vicarious liability. Under the doctrine of respondeat superior, employers are held accountable for their employee’s negligent actions or omissions during their employment. Since training and safety officers are employees of the fire department, it is usually the fire department that is held responsible and accountable for the actions of its employees.
The department and other department employees could face criminal prosecution and civil litigation. Both criminal and civil cases could carry substantial monetary and incarceration consequences.
Civil litigation, specifically tort cases, is the most prevalent form of litigation. This involves the injured party and the estate et al. seeking monetary compensation from the department and individuals. Usually, in civil tort cases, the plaintiff(s) attorney will file a summons and complaint against the department et. al. The disposition of civil litigation relies on the preponderance of the evidence presented. In previous case law, most of the litigation was directed toward the department rather than the individuals directly involved in the incident. However, there are instances based on the preponderance of the evidence where department employees could potentially be held criminally liable and charged.
When a firefighter/EMT or paramedic’s surviving spouse/partner seeks legal counsel for potential civil litigation, the plaintiff’s attorney will consider the preponderance of evidence presented. Suppose the facts of findings support the civil litigation claim. In that case, the attorney will likely move forward with contributory negligence based on the type of injury, relevant laws and acceptable training standards, available fire/EMS guidelines, previous case law, and the community’s acceptable training standards. Suppose the attorney decides to represent the plaintiff in the matter. In that case, they will use legal investigators specializing in fire/EMS laws, emphasizing training standards and expert witnesses, to review case files and analyze all the evidence and documentation. The investigator/expert witness will generally submit a detailed written report, including the executive summary, the investigation process, and legal opinions with supported recommendations and conclusions. The investigator and expert witness must often testify before a deposition and in a court of law.
The most effective defense strategies are prevention, training, and proper documentation. Documentation should include a complete and detailed training record that allows the training and safety officers to assess the instructor’s competence, experience, certifications, and qualifications to instruct.
The training officers must familiarize themselves with the standards at all levels as a legal best practice. Additionally, they should ensure that firefighters, EMTs, and paramedics receive adequate classroom lectures, group discussions, and safety lectures before drill exercises on the drill grounds. All participants in the drill exercises must wear the proper and appropriate personal protective equipment (PPE) for the specified drill exercise. In addition, the safety, training officers, and instructors should inspect all PPE being used and ensure that it meets the NFPA standards. The safety and training officers and instructors should also ensure that all participants are in good shape and physically and mentally prepared to participate in all drill exercises. Safety and training officers and instructors should inspect all the equipment, apparatus, and drill grounds before any drill exercises to ensure they are in good working condition and no safety hazards are observed.
Training aims to create an enjoyable, safe, and learning atmosphere. However, harming and killing participants indicates a failure in the training and safety officer’s preparation and anticipation of potential safety hazards. Implementing preventive measures, training, and safety standard operating guidelines or procedures can help avoid unnecessary distress, agony, hardship, injuries, and fatalities.
MICHAEL K. ANDERSON is a paralegal, an expert witness, and a consultant specializing in fire/emergency medical service (EMS) law in Ruston, Washington. He served 41 years in the fire/EMS service and 13 years in law enforcement. He is a certified crime scene/medico-legal death investigator and forensic written statement analyst. Anderson has provided expert witness opinions on several fire/EMS-related cases.
