By Richard Marinucci
During my travels and discussions with fire service professionals from all over the country, the question of liability occasionally enters the discussion. It usually comes up following some legal issue that seems unusual and detrimental to chief officers and departments. It also appears to be personal. The question for discussion is whether or not it is worth pursuing advancement and positions of leadership when there appears to be more scrutiny on individuals ascending the ranks.
My first reaction is “Duh”!!! What did you think would happen as you gained more responsibility and a more complex job description? Did you think things would get easier and less demanding? But on further review, I think this topic is worth considering based on various factors including increased services provided by the fire service; more applicable standards; additional demands placed on governments to perform; and, of course, the legal system.
Way back when before emergency medical services (EMS) entered the mainstream of the fire service, the job was quite simple. Somebody called to report a fire and the department responded, put out the fire, and returned to the station. It was man (purposely used here as there were few, if any, women in the service at the time) against an inanimate object. If no one was seriously injured, everyone was grateful that only things that could be replaced were lost. Most had insurance, so they were ultimately made whole.
Now, in the case of fires, insurance companies want to know what caused the fire, even if it wasn’t a case of arson. If a product, an appliance, or some other manufactured product was a contributing factor, efforts are made to recover costs. Insurers put forth more effort to identify others who could ultimately be responsible and, therefore, liable to pay for the damages. This can have a spin-off effect on fire departments if it is discovered that somehow the fire department contributed to the damage–i.e., made the situation worse before it got better. Although there may not be many cases of this occurring, the potential exists and can be a concern for some organizations.
The exposure for EMS is probably much greater, for a variety of reasons. There are far more EMS calls than fire calls in almost all fire departments that provide EMS. Personnel are required to be licensed, not just certified. There are allied professionals, so that medical service is not exclusive to fire departments. Generally, there are no other agencies responding to structure fires, so there are no benchmarks outside the service. In the medical profession, many others establish standards of care, creating more accountability. Others in this occupation are subject to malpractice, so it should be expected that EMS personnel could face similar scrutiny. Personally, I receive way more Freedom of Information requests for EMS calls than anything else. This tells me the legal profession has more interest and obviously thinks this is an area worth pursuing.
There are a host of regulations from adopted laws to Occupational Safety and Health Administration requirements to National Fire Protection Association (NFPA) standards. For example, there are at least six NFPA standards that apply to apparatus. This is but one aspect of the service and the requirements for delivery. Clearly, it is very challenging and time consuming to stay current while addressing the other responsibilities of the job.
The size of the organization will also affect the abilities of the leadership, as smaller departments typically don’t have the staff necessary to track everything, whereas larger organizations may have personnel who can specialize. Of course, even if there is help, the person at the top ultimately retains responsibility, so the exposure remains.
All of these issues are cited as “taking the fun out of the job” when discussing how things have changed and contribute to the perceived negative environment. Why would someone want to get promoted if he has to put up with all of this? We should be able to just respond to fires and go home, and people should be grateful! We cannot be that naïve. Neglecting to realize the challenge present will create issues and disappointment. Imagine wanting to become a firefighter and then realizing you don’t like smoke, heat, heights, and blood–and you are claustrophobic. This seems ridiculous, but is it any more so than becoming a fire chief and not knowing the extent of your responsibilities?
Also consider the impact you have on others. Decisions you make affect the lives and livelihood of everyone within your control. People you select for hire and promotion have a great opportunity to contribute. Fireground decisions can be life altering. Leaders’ choices affect many more people than we realize. Although this reality may not obviously be related to liability, it can add pressure to perform.
Many, if not most, who join the fire service, whether career or volunteer, have visions of ascending the ranks. Promotion is a natural desire and offers career goals and motivation. Getting to positions of leadership and ultimately to the fire chief spot should be one of everyone’s long-term goals. There will be an increase in responsibility and accountability, but it is balanced with the rewards of leadership that make the added work and risk more worthwhile. Anyone working his way up the ranks must be conscious of the changes he experiences and not view them as mechanisms for making things easier. There will definitely be more challenges; if you are not ready to accept this, then you should remain in your current position.
Prepare
Those who aspire for more must prepare so that they are as competent as possible. This is the price you pay, and it offers the best protection from the liability concerns. Those who continually improve and expand their knowledge base lessen the risk and offer a defense should prevention not work. To make a corollary, consider what you can do to reduce the risk of getting injured on the job. We all know that firefighting is physical and every injury cannot be prevented. But, through training and equipment, we minimize as best as we can the chances of getting injured. But, since it is not likely to prevent all injuries, members in the best physical condition can withstand the results of injuries the best. This may seem a simple approach, but it is concise enough to be sound advice.
Those with aspirations should begin preparation as soon as possible. Some have said that luck is a combination of preparation and opportunity. There is some truth in that. No one can predict the exact path in life. Those who have the best chance at success start their preparation from day one. Those who struggle are basically in a drift and are relying on external forces to control their destiny. To be in the best position, you need to know the requirements of the jobs you are pursuing. This helps prepare the roadmap. You also can consult with those in the positions you desire. Most are more than happy to help. Knowing the destination is critical to creating the route.
In most cases, when reviewing a negative outcome, there are contributing factors beyond just the fact that there is more exposure. Those who are not as successful generally are not as prepared. Conversely, those who are truly serious about their profession not only have the tools to make better decisions, which reduce liability, but also to create credentials that help to establish their expertise. Those who appear most qualified are less likely to be challenged. You should ask yourself if you have the background needed and how you stack up as a professional and an expert. Be realistic and have a high standard, because those who could ultimately challenge you most certainly will. Saying you have so many years on the job will not cut it. You need a combination of experience and education. The experience should be documented with specifics related to your job and performance. The education must be relevant. You need to do as much as possible to establish yourself as an expert. This would not be much different from what may be required in any other profession, so check on the ways others may look to establish credibility.
There are a couple of additional issues to consider that can help in the preparation and minimize risk. First, understand the role of politics in your position. This will increase as you get promoted to higher ranks. There is not enough room in this article to even scratch the surface, but be advised that if you accept a promotion, there will be increasing elements of politics. Realize that much of what occurs is about relationships. Therefore, focus on strengthening yours. Also remember to be nice. There are generally fewer challenges if people like you. It is a simple concept, but we all need reminders from time to time.
President Harry S. Truman is purported to have said that if you can’t stand the heat, then you should stay out of the kitchen. Firefighters place themselves in danger as part of their job. As one ascends the ranks, there are most likely additional risks, though not exactly the same. They are about exposure to liability and being held responsible to deliver to a particular standard. Just as firefighters need to be prepared to handle the hazards they will face, leaders need to prepare for the challenges they will inevitably encounter. Those who accept the challenge will prepare and will not be paralyzed by the perceived threat. Maybe leadership positions are not for everyone. But there are many who accept the challenges, survive, and even thrive.
RICHARD MARINUCCI has been a chief for more than 30 years. He is a speaker at FDIC, a columnist for Fire Engineering and Fire Apparatus & Emergency Equipment magazines, and the editor of the 7th edition of the Fire Chief’s Handbook. He is a faculty member at Eastern Michigan University and the Maryland Fire and Rescue Institute.
Richard Marinucci will present “Fire Chiefing in the Real World,” on April 20, 8:00 a.m.-12 noon, at FDIC International 2015 in Indianapolis.
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