Accident Review Board Policy

Overview

• Establishes TFD's policy for the Accident Review Board (ARB) composition and functions
• There are no procedures included
• Applies to TFD personnel permanently assigned as drivers/paramedics, who drive/tow TFD vehicles/specialty trailers, assist in vehicle/trailer operations or serve on the ARB
• Replaces TFD Policy 5008, Accident Review Board, December 2008
• Associated documents include the Safety Office Damage Review and Accident Review Board worksheets
• TFD personnel should refer to policies: 1010 (Counseling/Discipline), 1012 (Departmental Awards), 5005 (Safety Committee), 5006/5007 (Vehicle/Apparatus Safety/Accidents), 5009 (Driver Retraining)

Responsibilities

• The Fire Chief (or designee) reviews ARB minutes/findings and determines if an employee responsible for collisions/incidents faces action, like discipline or driving privilege withdrawal
• The Assistant Chief of Admin must ensure effective processes for safe driving by TFD personnel and review ARB minutes, reports and recommendations
• The Safety Captain (or designee) attends ARB meetings when possible, classifies accidents reported to the Safety Division
• The Safety Captain also serves as/designates the ARB Chair, ensures Fire Chief gets ARB minutes/rulings for review, distributes ARB rulings after approval, and forwards employee appeals to the City's Accident Appeals Board
• The Safety Captain distributes City's Accident Appeals Board rulings, issues bulletins with ARB meeting minutes, and maintains the document

Definitions

• Apparatus: Mobile TFD firefighting or specialized equipment such as engines, ladders, watercraft, air/medic units, or water tenders
• Accident Review Board (ARB): Investigates and rules on vehicular collisions, incidents and deliberate occurrences involving TFD personnel/vehicles for the Fire Chief
• Chargeable-Preventable: A collision/incident/deliberate occurrence where workers show willful violation, negligence operates vehicles improperly, violates TFD policy, or are substance-impaired
• Using prescription drugs as directed isn't chargeable unless it endangers the employee or others
• Collision: Unplanned event where contact occurs and a TFD vehicle/trailer sustains or causes damage/injury
• Deliberate Occurrence L.D. (Line of Duty): Intentionally using a TFD vehicle as a ram in an emergency after exhausting other options
• Incident: Any situation where a TFD vehicle/trailer and/or equipment sustains/causes damage/injury, whether in motion or not
• Memorandum: A written document referring to a specific subject
• No Fault Incident: A parked TFD vehicle/trailer is damaged by a private vehicle/equipment/object
• Permanent Driver: An individual assigned to drive apparatus like engines/ladders/medic units or vehicles like fire inspector/garage/electrical vehicles
• Preventable: Incident/collision/deliberate occurrence L.D. where the employee didn't take action to avoid the accident or didn't exercise the necessary care
• Quorum: The minimum number of ARB members who must be present for an ARB ruling; this number is four voting members plus the ARB Chair
• Reviewable Incident: Action/inaction of TFD personnel that may have caused an accident
• Road Hazard Incident: Small object thrown from a tire of moving TFD or private vehicle, causing minor damage
• Specialty Trailer: Mobile TFD equipment like MMRS, spill, decontamination, FCC, or light trailers
• Unfounded Incident: Vehicle/trailer wasn't involved or there is insufficient evidence of involvement
• Unpreventable: Collision/incident/deliberate occurrence L.D. involving a vehicle/trailer where injury/damage occurs without fault of the employee
• Vandalism Incident: Willful/malicious destruction/defacement of TFD property
• Vehicle: TFD automobile, van, SUV, or light truck, with or without priority response equipment
• Watercraft: Vessels propelled across water used to transport personnel/equipment
• Working days: Monday-Friday, 0800-1700 hours, excluding holidays

Rules

• An ARB advises the Fire Chief on accidents involving TFD vehicles/trailers
• All TFD watercraft are subject to ARB review
• The ARB will emphasize safe driving practices by TFD personnel, investigate accidents with TFD vehicles/trailers and the TFD will maintain a Driver Retraining Program for safe drivers
• TFD personnel with safe driving habits get recognized according to TFD Policy 1012
• The ARB recommends/provides corrective measures with the Safety Committee/Training Division for safety
• The Safety Captain classifies all accidents with TFD vehicles/trailers as Collisions/Incidents/Deliberate Occurrences L.D. (Line of Duty)
• The Safety Captain classifies incidents as Road Hazard, No Fault, Unfounded, or Vandalism

ARB Procedures

• Accident classifications that will have further action from the ARB include collisions, reviewable incidents, and deliberate occurrence L.D.
• The Assistant Chief of Admin can refer other incidents to the ARB.
• The ARB will make rulings for each accident reviewed: Unpreventable, Preventable, or Chargeable-Preventable
• The ARB meets when necessary on the second Wednesday of each month, considers all information and issues a written decision based on the classification
• The ARB can issue rulings against spotters or crewmembers who contributed to the accident in addition to/in lieu of the driver
• Send a copy of the written decision to the Fire Chief for a final ruling, the employee, the employee’s Battalion Chief or Supervisor, the appropriate Deputy Chief, the employee’s personnel file, and the City Risk Manager’s office

ARB Composition

• Chair: Assistant Chief of Administration
• Voting member: Safety Captain
• Voting member: Representatives from TFD Administration
• Voting members: Representatives from IAFF Local #31 (Labor)
• Non-voting members: TFD Incident Safety Officers
• The number of Labor voting members equals the number of Administration voting members
• The number of Labor voting members cannot be less than the number of voting members selected by Administration
• A quorum of ARB members must be present to vote on accident decisions
• The Assistant Chief of Administration can appoint another TFD Administration rep as ARB Chair in absence.
• The Assistant Chief of Administration or designated Chair breaks tie votes
• The Assistant Chief of Administration can request subject matter experts to assist the ARB

Appeals

• An employee may appeal an ARB ruling to the Fire Chief with a written appeal, within ten (10) working days of receiving the ruling
• Failure to appeal within this timeframe forfeits the right to appeal