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Editor's blog
A new kind of accountability |
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Written by Laura King
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Dec. 7, 2011 – All eyes in the Ontario fire service are on provincial offences court in Owen Sound this week, where the trial resumed over charges laid under the Occupational Health and Safety Act against the Municipality of Meaford and its fire department.
If you haven’t been following, two Meaford firefighters were injured during a blaze at Reed’s Restaurant in September 2009. They were searching for trapped patrons, were low on air and had to be rescued; one firefighter needed to be resuscitated.
Three of six charges, laid by Ontario’s Ministry of Labour (MOL), were withdrawn by the Crown back in September, but three charges remain: failing to set up an accountability system; failure to establish a rapid intervention team; and failing to set up a command post. (In case you didn’t know, there is no requirement in Ontario to run an incident command system at a scene – just a tidbit from yesterday’s proceedings.)
The circumstances surrounding the rescue of the two Meaford firefighters has not been made public, and with two firefighter deaths in Listowel, Ont., in March and a training fatality in Point Edward, Ont., in 2010, investigations, and, perhaps, changes, are warranted.
The Meaford trial was in voir dire yesterday – a trial within a trial – to determine whether the court would classify Gerry Pritchard, an investigator with the Ontario Office of the Fire Marshal (OFM), as an expert witness – for the prosecution.
To be clear – and as defence lawyer Norm Keith pointed out repeatedly – the Crown’s objective was to have the OFM’s Pritchard give expert evidence against the Meaford and District Fire Department on the charges.
As Mr. Keith said often yesterday, let me repeat that: the OFM’s investigator – a distinguished-looking former fire chief who is approaching retirement age – had been served by the Crown to help to prosecute and convict the fire department.
Mr. Pritchard, to his credit, retained his composure under some fairly intense questioning by the defence, despite being unprepared for his day on the stand. Pritchard was unable to immediately recall dates and times of some meetings with the Ministry of Labour investigator, couldn’t say who his supervisor was in the investigation (apparently that’s not unusual in the OFM due to the sheer number of bodies) and, in some cases, had not taken the necessary notes.
As one courtroom observer astutely pointed out, it’s unlikely that OFM staff is trained to properly document such things given that this trial is the first in Ontario under OH&S legislation. (Still, some guidance for Mr. Pritchard would have saved him considerable embarrassment on the stand and eliminated some cringe-worthy moments for the fire chiefs in the gallery.)
On the other hand, there was some speculation that the OFM doesn’t want a conviction on the charges – nor does anyone in the fire service – and that failing to better prepare Mr. Pritchard, and thereby allowing him to be unceremoniously discredited by the defence, was a strategic move. (The counterargument is that given the OFM’s lack of experience in such legal matters, that’s an overly optimistic assumption.)
Regardless, there was considerable confusion over the role of the OFM in the Meaford affair. Stay with me here. According to the OFM’s website, its mandate under Ontario’s Fire Protection and Prevention Act is to “train firefighters and other fire department personnel, provide them with guidelines and best practices, and assist them with providing the best fire prevention and fire protection services they can.” The motto, familiar to those who have toiled for the OFM, is for fire personnel to be effective, efficient, safe, prompt and professional.
The Ministry of Labour, on the other hand, is tasked with protecting all workers in Ontario – including firefighers – and its mandate is to find out what happened in Meaford and prevent it from happening again.
From the evidence given yesterday, it wasn’t clear to the the court, or to defence lawyer Mr. Keith, what the OFM’s role was in the investigation into the Meaford incident. Indeed, Mr. Pritchard testified that he was told to go to Meaford and “find out what happened” without written guidance notes, scope, direction or other procedures.
Further, Mr. Pritchard testified that he had been told by a Ministry of Labour investigator that charges were not warranted and it was unlikely that charges would be laid. Pritchard’s operating assumption was that he was in Meaford solely for the purpose of reviewing fire operations.
The trial was supposed to hear Crown and defence testimony this week, but with yesterday’s lengthy voir dire and just five days scheduled to hear arguments, talk was of a carry over to March, when two days are scheduled to wrap things up.
We’ll keep you posted, but meantime here’s some conventional fire-service wisdom from two of Tim Beebe’s blog entries from September: Two Meaford firefighters tackled a rescue and fire attack (allegedly) without a rapid intervention team, proper accountability or command. They were injured and nearly killed. They found no one to rescue and the department is vilified . . . If people had been trapped in Reed’s Restaurant, as was reported, and if the brave Meaford firefighters had rescued them, they would have been rightly hailed as heroes . . . even though the same problems and deficiencies existed for which they are now charged. Guilt or applause is directly influenced by the outcome rather than mere facts.
All of which is well and good, but I still want to know why two firefighters ran out of air and whether lessons learned in Meaford can prevent it from happening elsewhere.
The bigger picture, of course, is that fire chiefs and trainers being held to a new level of personal accountability.
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L Perry
Written by L Perry on 2012-05-09 22:18:01
We have heard this all before. Everybody wants to see firefighters and their leaders as heros untill something goes wrong, then its time to play the blame game.If only we could try to remember that in this case, this is avolunteer fire department. People doing the very best they can just because its the right thing to do. Its firefighting people, its not safe and it will never be safe.Now ask yourself, when this is all over, who will be willing to serve as volunteer officer or firefighter on this department? Why do we attack good people? Please, pat these folks on the back, thank them for their courage and go find something usefull to do. | Written by Concerned on 2011-12-14 13:50:48
Maybe it's time that the OFM hires firefighters instead of cops or teachers. To do well in the fire service, you need the heart and passion to do the job and to truely understand what happens in the smoke....something only a firefigter knows!! | From the Side
Written by From the Side on 2011-12-14 13:27:15
It's hard to believe in this day and age that so many Fire Chief's don't understand howto protect their firefighters. We definitely don't get the fires that we used to, so the only way to gain the confidence and experience is to train, train and maybe train some more. Training and safety are the number one priorities! If the Firefighters can't help themselves, then how are they going to help someone else... | Written by Mark on 2011-12-09 08:21:24
Sounds like the same old thing again!Training,training and training! What does the labour act say? Equipment and training!I think there needs to be a national standard(NFPA),forget about the politics! | Chief B
Written by Chief B on 2011-12-09 08:05:34
It is amazing to me that this case has attracted so little press! It is obvious that the outcome will set precedent for the future of firefighters interviews with the OFM. Although participation in the interview is madatory with the OFM under the FPPA, I will certainly be extremely careful what I tell the OFM investigators. Their role it appears is no longer to help fire departments. | penny
Written by penny on 2011-12-08 21:20:24
Too bad you couldn't wait for the final outcome of this case and report the real issues instead those of a theatrical, grandstanding lawyer. Maybe then you could provide some valuable information to the fire service of Canada to prevent a similar incident. Otherwise consider changing your name to FireFighting Enquirer. | Written by Marty on 2011-12-08 16:24:50
Like the end of the blog states that if the outcome had been differant, "patrons saved by firefighters" this case would most likely not be in court.
Another article in this email tells of two emergency personnel who made rescues without using the proper equipment or back up are rewarded for bravery. | shawnf10
Written by shawnf10 on 2011-12-08 16:24:23
yes you have to learn and pay attention ,and hopefully in the future we are more dilligent at setting up and managing things. | Jen Mabee
Written by Jen Mabee on 2011-12-08 16:24:10
Reminds me of the Hackensack Ford fire which I first heard of when doing incident command/radio communications training with our department years ago. It was used as an example of what happens when things go bad and I recall wondering how something like that could ever happen but also thought that we'd come a long way since then and that it was unlikely that it would happen now. That fire happened in 1988 and claimed the lives of 5 firefighters. Thankfully, both firefighters survived in this incident but it further demonstrates the need for ongoing training in all aspects of fire and emergency services, including the areas in which the three remaining charges are: accountability, rit and incident command. | Written by Fire Chief on 2011-12-08 11:38:27
I agree, thanks for the great coverage into a very serious topic that impacts all in the fire service. Of personal note, I find it interesting that Mr. Pritchard was the "investigator" assigned, given OFM does have extremely well qualified fire investigators on staff with very strong policing backgounds, investigative skills, experience as "expert witnesses" in court and chain of evidence collection procedures to thier credit. I know this to be true as I have worked with these investigators during fire investigations. Hmmm, makes you wonder why this situation was handled the way it was by OFM.... | Written by Alex on 2011-12-07 14:26:05
Wouldn't it be nice if every firefighter fatality and serious injury were investigated and reported the same way they are in the U.S.A.?
We can learn from the mistakes of others... | Tim
Written by Tim on 2011-12-07 11:57:04
Well said. Thanks for the update on a case that is not well covered by anyone else. I agree, I hope that through the fog of accusations we keep sight of the real goal, which is to prevent reoccurrence of a similar incident. |
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