The United States Fire Administration (USFA) announced that 102 fire fighters
died while on-duty in the United States, in 2002. The loss of a fire
fighter’s life was felt directly in more than 86 communities, in 35 states
across the nation.
“The United States fire service and this nation have suffered another staggering
loss of fire fighters, in 2002. When the citizens of this nation need
emergency services, they have come to rely on this nation’s fire fighters
to be able to respond. The United States Fire Administration is committed
to helping improve fire fighter safety to prevent these tragedies from occurring
in the future,” United States Fire Administrator R. David Paulson said.
In comparison to 2001, the death totals are down from the 446 deaths that year but that figure includes 343 fire fighters who lost their lives at the World Trade Center (WTC) tragedy. Without that extraordinary incident, the 2001 and 2002 numbers are virtually identical. The last decade has seen a mean loss (excluding the WTC losses) of about 100 fire fighters per year.
The severe wildfire season of 2002 led to a number of wildland fire fighter deaths. Twenty fire fighters died in wildland fire fighting incidents. Most of these fatalities occurred in California and Colorado, where the fire season was especially severe. During the months of June, July, and August, 17 fire fighters died in eight wildland fire incidents. Six of these deaths were the result of three wildland fire fighting aircraft crashes. Five fire fighters were killed as they traveled from Oregon to Colorado to fight a wildland fire when their van was involved in a crash and three California fire fighters were killed when their fire truck left the roadway and rolled down an 800-foot hill.
Overall, 25 fire fighters died in nine incidents where more than one fire fighter was killed. There were 77 single fire fighter fatality incidents.
Career fire fighters comprised 37 deaths (36 percent). Volunteer,
seasonal, and part-time fire fighters accounted for 65 deaths. Ten
of the 65 were seasonal or part-time wildland fire fighters.
The vast majority of fire fighter fatalities in 2002 occurred in relation
to a fire or medical emergency incident. Seventy percent of the fire
fighters who died while on-duty in 2002 suffered fatal injuries or illnesses
in emergency situations. Fifteen fire fighters died as they responded
to an emergency or returned from one, many of these deaths involve vehicle
collisions. Twelve deaths occurred during training.
Half of the fire fighters that died on-duty died of traumatic injuries.
Eleven fire fighters died of asphyxiation; two died of burns; three fire
fighters were crushed; one fire fighter died of heat exhaustion; one fire
fighter drowned; and 36 died of traumatic injuries such those incurred in
a vehicle crash. A fire chief in New Mexico was killed when he was
shot while on the scene of a structure fire.
Heart attacks continue to be a leading cause of fire fighter deaths, killing 31 firefighters in 2002. The 31 deaths represent almost one third of the year’s total.
Additional information on fire fighter fatalities, including the USFA
annual fatality reports from 1986 through 2001 and the Firefighter Fatality
Retrospective Study 1990-2000, may be found at the USFA website: www.usfa.fema.gov/dhtml/inside-usfa/ff_fat.cfm.
job tenure
Status granted to a public employee, usually after a probationary period, that protects him/her from dismissal except “for cause,” such as incompetence, gross misconduct, or financial necessity. Dismissal usually must be preceded by notice of charges and an opportunity to respond, normally at a hearing.
Merriam-Webster's Dictionary of Law
Both the International Association of Fire Chiefs (IAFC) and the International Association of Fire Fighters (IAFF), AFL-CIO, have released smallpox vaccination guides for their respective memberships. And, while much of the material is similar, the organizations differ on some key issues.
In late December, the IAFF, reacting to the federal first responder vaccination program, released a white paper on the topic to provide guidance to its membership. The union was quick to point out that “the decision whether to be vaccinated is a personal decision that must be made by individual fire fighters and other first responders after they have reviewed the pros and cons of smallpox vaccination.”
“The information we are providing on smallpox vaccination strikes a balance between protecting our members from this disease and protecting their rights,” said IAFF General President Harold Schaitberger. “Our goal is to educate our members on the issue so they can make an informed and educated decision.”
Meanwhile, in January, the IAFC announced its report. According to the IAFC, the primary purpose of the document is to provide local fire chiefs with a basic understanding of the upcoming smallpox vaccination program and its impact on their fire departments. It is meant to help local fire departments open discussions with the state and local public health officials that will be implementing the program, evaluate the likely operational and administrative impact of a vaccination program, and heighten each fire department’s understanding of the benefits and risks from the vaccine.
The IAFF report calls for employers to make smallpox vaccinations available to all fire fighters and emergency medical personnel on duty at no cost. The document also takes the position that adverse effects from the vaccinations are the responsibility of the employer, not the employee. Additionally, according to the union, fire fighters have the right to decline the vaccination, but can leave open the door to receive it at a later date if requested. The IAFC document notes that the organization “concurs with the recommendation of the International Association of Fire Fighters (IAFF) on how to appropriately document fire fighters who decline vaccination.” But, the IAFC view on right of refusal to take the vaccine appears to be more narrow than that of the union. The chiefs’ group would allow an employee to “decline the vaccination because he or a member of his family has a condition that does not allow the fire fighter to receive the vaccination.” The IAFC is silent on whether a fire fighter has an absolute right to refuse to be vaccinated and the disciplinary consequences, if any, for such refusal.
The IAFC document outlines a variety of operational issues that fire chiefs should consider when organizing the vaccination program. While no position is taken on most of the personnel issues raised in the IAFF report, the document notes that implementation issues “. . . should be made in consultation and/or negotiation with appropriate labor organizations as required by contract.”
Risk of smallpox, a disease that was eradicated from the general population, was considered extremely low for decades. The threat has risen with concerns that terrorists might use it as a weapon of mass destruction. In late 2002, the federal government issued a vaccination protocol that would place fire fighters and other first responders in the second wave of individuals to be inoculated.
The IAFF urges its locals and fire department management to consider the specific risk to their communities before deciding whether to vaccinate their fire fighters. There are medical risks associated with the vaccine, even if the program follows all government and IAFF recommendations, the union report observes.
Schaitberger said that the IAFF professional and medical staffs will monitor the smallpox issue as well as maintain contact with the Department of Health and Human Services and the Centers for Disease Control and Prevention. The full text of the IAFF guidance on smallpox vaccination may be found at: http://daily.iaff.org/122002sml2.htm.
The IAFC report, Fire Chief’s Guide to Smallpox Vaccination, is available
in digital format only at this time, which can be downloaded from www.iafc.org/downloads/smallpoxguide.pdf.
Printed copies of the guide are being prepared and will be mailed to all
IAFC members by the end of January.
The downturn in the American economy is affecting not only the Wall Street and retail business but also municipal government. A slow economy means less tax revenues to operate the government. Nationwide, cities are scrambling to balance their budgets with talk of fire fighter staffing reductions and layoffs filling the air as one method of reaching fiscal equilibrium.
New York City is facing a massive budget deficit from a shortage of tax collections and the lingering costs of the World Trade Center (WTC) tragedy. In response, the city has announced plans to reduce 53 engine companies to four fire fighters from the traditional five, leaving only 11 of the FDNY’s 203 companies staffed with five fire fighters. The move, which could save the city $12 million annually, is permissible under its labor contract with the fire fighters’ union because sick leave usage has hit 8.6 percent, exceeding the 7.5 percent threshold established by a 1996 arbitrator’s ruling. Union officials argue that much of the sick leave usage is the result of respiratory problems developed at the WTC.
On the opposite coast, San Diego city leaders have issued a hiring freeze on all municipal positions and have warned that layoffs may follow if the State of California follows through on a plan to reduce aid to the city by $75 million over the next two years. Compounding the city’s problems is a $20 million drop in tax collections. Officials have warned that eliminating up to 500 jobs, including furloughs of fire fighters and police officers, remains a possibility. Department heads have been instructed to prepare budgets for the next fiscal year that reflect a 10 percent cut. An assistant fire chief has stated that such a large cut cannot be made without layoffs and reductions in service. San Diego employs just over 900 fire fighters, establishing a fire fighter/citizen ratio of one fire fighter for every 1,382 residents. Another California fire chief estimated that Governor Gray Davis’ proposed budget cuts could result in the elimination of up to 18,000 fire fighter slots throughout the state.
Mid-America is particularly feeling the pinch. The mayor of East Cleveland, Ohio, is warning fire fighters to help staff ambulances or face furloughs. Once again, lower municipal revenues may force the city to lay off seven fire fighters unless the fire union agrees to permit its members to ride ambulances. In that case, fire fighters could bump less senior paramedics from the ambulances. Nearby Lorain, Ohio, fire fighters may see layoffs unless wage concessions are made while four fire fighters are expected to be furloughed in Euclid, Ohio.
Elsewhere in Ohio, Dayton fire fighters have rejected contract modifications that city officials claimed would cut $1.5 million in overtime costs. According to the city, the contract changes are crucial to stave off the furloughing of as many as two dozen fire fighters. The fire department took deep cuts in the last fiscal year by taking two engines out of service. With the contract changes being rejected, city officials are considering taking up to five companies out of service each day to avoid bringing fire fighters on overtime to meet the mandatory four person staffing rule.
Hiring freezes are also receiving serious consideration in Los Angeles, California, and Manchester, New Hampshire, and layoff talk has arisen in Coos Bay, Oregon, Rock Island, Illinois, Wilkinsburg, Pennsylvania, and Boston, Massachusetts.
A Maryland appeals court in January agreed with a trial judge’s ruling
that it would be wrong for two children to be placed in a custody arrangement
that revolves around their fire fighter father’s ability to informally swap
shifts. Fire fighters fear that the Court of Special Appeals ruling
will turn courts against them in custody battles. However, the ruling
cannot be cited as a precedent because it is unpublished.
The case, initially reported in the December 2001 issue of Fire Service Labor
Monthly, involves a custody dispute between District of Columbia fire fighter
Gerald L. Burton and his former wife, Diedre F. Burton, over the custody
of their children, now ages 7 and 6. Prince George’s County Circuit
Judge Larnzell Martin Jr. ordered joint custody in July 2000 based on the
fire fighter telling him that he was moving from a schedule of one day on,
three days off to a 9-to-5 type of workweek.
Less than a month later, Diedre Burton sought sole custody, saying her ex-husband did not have a new schedule. At a hearing, the fire fighter told the judge that he was relying on informally trading work hours with other fire fighters, an arrangement typical in firehouses around the country. The judge said that basing a custody arrangement on an informal practice was unreasonable. He awarded Diedre Burton sole custody and said the “linchpin” of his earlier ruling was that Burton had told him his schedule had changed when it had not.
Diedre Burton and her lawyer, Dominique S. Johnson, contend that the case is not about fire fighters’ hours but rather about the veracity of what is said in court. “It is not a case about someone’s occupation,” Diedre Burton said.
However, Raymond Sneed, president of the D.C. Firefighters Association, Local 36 of the International Association of Fire Fighters, AFL-CIO, said, “It looks like shift work has everything to do with it. The shift work is the deciding factor as to whether you have joint custody of your kids.” Sneed said he plans to contact the international union and request legal aid and lobbying help for a possible federal law to protect public safety workers concerned about child custody.
Gerald Burton, a Maryland resident, issued a statement saying he was unsure whether he would ask the state’s highest court to review the ruling. He is allowed to have his two children about eight days a month, he said.
McGillan, a fire fighter, called in sick the day before and the day after his scheduled time off. The fire chief subsequently ordered him to report to the department physician for a physical examination. McGillan reported as directed. However, the union filed a grievance contending that the fire chief’s order violated the collective bargaining agreement. The union ultimately demanded arbitration on the matter. The city filed suit seeking to stay the arbitration. Trial court granted the city’s petition after determining there was no reasonable relationship between the collective bargaining agreement and McGillan’s grievance. Fire fighter’s union appeals.
HELD: Under New York law, in determining whether to stay arbitration on the ground that a matter is not within the scope of the parties’ agreement to arbitrate, the court must determine only whether there is a reasonable relationship between the subject matter of the dispute and the general subject matter of the contract.
In this case, the contract provides for arbitration of any grievance and also defines the term grievance very broadly. It incorporates by reference certain past employment practices, including the medical procedures that are to be followed by the fire department. Thus, the grievance was reasonably related to the general subject matter of the collective bargaining contract and the trial court erred in determining that there was no such relationship. Effort to stay arbitration denied. [In the Matter of City of White Plains v. Professional Firefighters Assn., Local 274, IAFF, 748 N.Y.S.2d 762 (N.Y. App. Div. 2002)]
Baines was employed as a fire fighter and ambulance driver by the county emergency management agency. After about seven years on the job, Baines was injured in a work-related accident. He subsequently filed suit to obtain worker’s compensation benefits. A settlement of 50 percent partial disability was reached in the matter. Thereafter, Baines returned to work on light duty and was assigned to a position as a dispatcher.
He later claimed that the schedule and other requirements of the position caused him to suffer physical exhaustion and emotional stress. Consequently, he took voluntary sick leave and requested that he be placed in another dispatching position with a shorter shift. His supervisor, Hale, denied the request. Shortly thereafter, upon expiration of Baines’ sick leave, Hale terminated Baines’ employment.
Baines filed suit against the county and Hale for the common law tort of retaliatory discharge. He alleged that Hale’s actions were in retaliation for filing the workers compensation claim. Defendants were granted a motion dismissing the suit on the grounds of immunity. Former fire fighter appeals.
HELD: The common law tort of retaliatory or wrongful discharge was first adopted by Tennessee in 1984 as a limitation to the doctrine of at-will employment. The doctrine of at-will employment provides that employees working without an employment contract are generally subject to termination for good cause, bad cause, or no cause at all without the employer being guilty of a legal wrong. The state supreme court has held that an employer cannot discharge an at-will employee solely because the employee had sought worker’s compensation benefits on the grounds that such discharge violated the public policy of the state as evidenced by the statutes on worker’s compensation. The burden of proof in such retaliatory discharge cases, however, lies with the worker.
In this case, the county asserts sovereign immunity under the Tennessee Governmental Tort Liability Act (GTLA). In 1973, the legislature enacted the GTLA to to make governmental agencies immune from suit for injuries that may result from the government’s activities. However, certain limited exceptions exist to the broad grant of immunity. Baines asserts that the statutory waiver of immunity in cases involving negligent acts or omissions of governmental employees applies in this case. However, an action for retaliatory discharge is by its very nature based on the intent of the employer to discharge the employee for availing himself of his worker’s compensation rights. Therefore, this would not be a negligent act or omission and immunity would not be removed by the statute. County enjoys immunity on that claim.
Baines also asserts a claim against Hale, his former supervisor. Hale responds, however, that he is not Baines’ employer within the meaning of the retaliatory discharge claim. Hale is correct for Baines was employed by the county and the emergency management agency, not by Hale. Since Hale is not the employer, he cannot be liable for retaliatory discharge. County and emergency management agency are immune from suit under Tennessee law. Former supervisor is not liable in his individual capacity for retaliatory discharge because he was not the former fire fighter’s employer. [Baines v. Wilson County, 86 S.W.3d 575 (Tenn. Ct. App. 2002)]
fire fighters
A two percent pay raise but no contract for members of the Austin Association of Professional Firefighters, Local 975 of the International Association of Fire Fighters, AFL-CIO, starts the year in Texas' capital city. Economic uncertainty has made city officials reluctant to negotiate a traditional three-year pact but city council granted a small wage boost to the fire fighters. Contract negotiations are expected to resume later this year. Under state law, binding arbitration is not available to the fire fighters' union.
fire fighters
An arbitration panel has granted Beaumont's fire fighters retroactive pay
awards. Fire fighters will receive a three percent pay boost retroactive
to October 1, 2001, and a second three percent retroactive to October 1,
2002. For a five-year veteran, that will mean an immediate pay boost from
$38,124 annually to $40,446. By the end of the contract, the same fire fighter
will be earning $45,050 because the award includes an additional two percent
hike in July and another four percent in October. A final five percent pay
jump will be forthcoming October 1, 2004. The Beaumont Professional Firefighters
Union, Local 399 of the International Association of Fire Fighters, AFL-CIO,
represents the city's 233 fire fighters.
fire fighters
Shift changes are in the offing for DeWitt's eleven paid fire fighters under a new labor pact. The career personnel, who are supplemented by 40 volunteers, will now be divided between the day shift and the night shift. Each fire fighter will work two 10-hour day shifts, then two 14-hour night shifts, followed by four 24-hour periods off duty. Previously, paid personnel worked primarily the day shift. As part of their new contract fire fighters will receive three percent raises in both 2002 and 2003. A four percent pay boost will come in January of 2004. Local 2733 of the International Association of Fire Fighters, AFL-CIO, represents the fire fighters.
fire fighters
After working a year without a labor pact, Little Rock fire fighters will see their paychecks increase by four percent in 2003, thanks to a new contract with the city. Another four percent boost will be paid in January 2004 followed by 4.25 percent in 2005. Negotiations had reached impasse until a federal mediator was called in to help resolve the dispute. Fire fighter salaries range between $26,000 and $36,000.
fire fighters
After five years without a contract or a pay raise, members of the Pittsfield Fire Department have a new contract after a state oversight board approved the deal. The contract will pay fire fighters more than $1 million in back pay. The roughly 70 members of Local 2646 of the International Association of Fire Fighters, AFL-CIO, will receive three percent for 1998, nothing for 1999 and 2000, and another two percent boost for 2001 and 2002. The average fire fighter who had been earning $41,200 will see his wages jump to $44,150. The state, which granted the community a $4.6 million loan last year, created the oversight board to pull the town from the brink of bankruptcy and shepherd it back to fiscal stability.
fire fighters
After more than a year of wrangling, the City of Salinas and its fire fighters have sealed a contract agreement. The International Association of Firefighters, AFL-CIO, Local 1270 voted to accept the contract. The newly approved four-year contract takes effect in July and ends in December 2006. Under the pact, fire fighters will increase their workweek from 53 hours to 56 hours, receive pay increases totaling 18 percent over four years, and increase minimum staffing by one fire fighter to a total of 23 per shift. In 2005, fire fighters will receive an enhanced "3 percent at 50" retirement plan. Salinas fire fighters now receive "2 percent at 50," or 2 percent of their pay for each year they have worked, with eligibility to retire at age 50.
fire fighters
Watertown fire fighters will soon be working under a new three-year contract
that includes an annual three percent cost of living adjustment to their
wages. An independent arbitration panel, which was set up in the fall to
settle the lengthy contract dispute between Local 1347 of the International
Association of Firefighters, AFL-CIO, and the town, issued their award recently.
In addition to the three percent cost of living adjustments, the award included
a base pay enhancement, an annual one percent increase on the night shift
differential, and a one percent increase in the emergency medical technician
stipend. Fire fighters have been working without a contract for about 30
months.