TFD Accident Review Board Policy

Overview

• Establishes TFD's policy on the Accident Review Board (ARB)'s composition and functions
• Does not include any procedures
• Applies to TFD personnel permanently assigned as drivers/paramedics
• Also applies to personnel driving a TFD vehicle/apparatus, towing a TFD specialty trailer
• Also applies to those assisting in the operation of a TFD vehicle/apparatus/specialty trailer
• Service on the ARB also falls under the purview of this document
• Replaces TFD Policy 5008, titled "Accident Review Board," which was dated December 2008
• Associated forms include the Safety Office Damage Review worksheet and Accident Review Board worksheet
• TFD-specific information users should refer to TFD Policies 1010, 1012, 5005, 5006, 5007, and 5009

Responsibilities

• The Fire Chief (or designee) is responsible for reviewing the ARB's minutes/findings
• The Fire Chief (or designee) will determine if employees responsible for serious/numerous collisions/incidents will face further action, such as discipline or withdrawal of driving privileges, on a case-by-case basis
• The Assistant Chief of Administration is responsible for ensuring the department reinforces safe driving practices
• The Assistant Chief of Administration also performs primary reviews of ARB meeting minutes and reports/recommendations submitted by the ARB
• The Safety Captain (or designee) is responsible for classifying accidents reported to the Safety Division, according to document guidelines
• The Safety Captain (or designee) serves as ARB Chair or designates one as necessary
• He/she ensures meeting minutes/accident rulings are forwarded to the Fire Chief (or designee) for review/final ruling
• He/she distributes ARB ruling copies upon Fire Chief approval, according to document guidelines
• The Safety Captain (or designee) forwards employee appeals of ARB/Fire Chief decisions to the City's Accident Appeals Board
• He/she also distributes rulings by the City's Accident Appeals Board on employee appeals, according to the document guidelines
• Bulletins are issued with ARB meeting minutes
• Maintaining this document is a key responsibility

Definitions

• Apparatus: Mobile TFD firefighting/specialized equipment like engines, ladders, watercraft, air units, water tenders, or medic units
• Accident Review Board (ARB): An advisory board that investigates and delivers rulings to the Fire Chief regarding vehicular collisions/incidents/deliberate occurrences involving TFD personnel/vehicles/apparatus/specialty trailers
• Chargeable-Preventable: Any collision, reviewable incident, or deliberate occurrence meeting certain criteria
• Criteria include employee willful violation of law/regulation/order,negligence in operating vehicle/apparatus/specialty trailer or violating TFD policy
• Also includes influence of impairing substances (excluding prescription drugs used as directed, unless endangering others)
• Collision: Any unplanned event/situation where contact occurs and a TFD vehicle/apparatus/specialty trailer sustains/causes damage to property/equipment and/or injury to people
• Deliberate Occurrence L.D.: A situation where a TFD employee, in an emergency and after exhausting alternatives, intentionally uses a TFD vehicle/apparatus/specialty trailer as a ram
• Incident: Any situation/event where a TFD vehicle/apparatus/specialty trailer and/or associated equipment sustains/causes damage to property/equipment and/or injury to people, whether or not in motion
• Memorandum: A written document that refers to a specific subject
• No Fault Incident: A reported incident where a properly parked/secured/unoccupied TFD vehicle/apparatus/specialty trailer was damaged by contact with a private vehicle/equipment/object
• Permanent Driver: An individual permanently assigned to drive a specified apparatus (engine, ladder, medic unit, Battalion Chief vehicle) or vehicle (fire inspector, fire garage, electrical division personnel)
• Preventable: Any incident/collision/deliberate occurrence involving the operation of a vehicle/apparatus/specialty trailer where the employee didn't take appropriate defensive action or failed to exercise the required standard of care
• Quorum: The minimum number of ARB members required to proceed with a ruling, which is four (4) voting members plus the ARB Chair
• Reviewable Incident: Any incident where the action/inaction of TFD personnel may have caused the accident
• Road Hazard Incident: A reported incident where an object thrown from a tire causes minor damage
• Specialty Trailer: Mobile TFD equipment, including MMRS, spill, decontamination, FCC, or light trailers
• Unfounded Incident: A reported incident where the involvement of the vehicle/apparatus/specialty trailer isn't found or there is insufficient evidence
• Unpreventable: Any collision/incident/deliberate occurrence where injury/damage occurs through no fault of the employee
• Vandalism Incident: Any reported incident involving willful/malicious destruction/defacement of TFD property
• Vehicle: A TFD automobile, van, SUV, or light truck (staff car, Fire Investigator’s vehicle, Battalion Chief vehicle), possibly equipped for priority response
• Watercraft: Vessels propelled across the water's surface via oars, paddles, water jets, etc., to transport personnel/equipment while keeping occupants out of the water
• Working Days: Monday through Friday, 0800-1700 hours, excluding holidays

Rules

• TFD must have an ARB to advise the Fire Chief on accidents involving TFD vehicles/apparatus/specialty trailers
• All TFD watercraft are subject to ARB review
• The ARB aims to emphasize safe driving practices in both emergency and non-emergency situations
• The ARB investigates/rules on all accidents involving TFD apparatus, vehicles, and specialty trailers
• TFD must have a Driver Retraining Program to ensure safe, competent, professional drivers
• TFD must recognize personnel demonstrating safe, responsible driving habits, per TFD Policy 1012
• The ARB, Safety Committee, and Training Division recommend/provide corrective measures for citizen/TFD personnel safety
• Safety Captain (or designee) classifies all accidents involving TFD vehicles/apparatus/specialty trailers as collisions, incidents, or deliberate occurrences
• The Safety Captain (or designee) classifies accidents deemed incidents as road hazards, no-fault, unfounded, or vandalism
• The Safety Captain (or designee) refers collisions, reviewable incidents, and deliberate occurrences to the ARB for further action
• The Assistant Chief of Administration can refer any other incident classifications to the ARB at his/her discretion
• The ARB issues unpreventable, preventable, or chargeable-preventable rulings for each accident reviewed

ARB Protocols and Composition

• The ARB meets, when necessary, on the second Wednesday of each month
• All available information is considered, including written reports/interviews
• Written decisions are issued for each accident based on classification
• If a spotter/crewmember caused/contributed to damage, a ruling can be issued to that individual
• A copy of the written decision is sent to the Fire Chief for a final ruling
• A copy of the final ruling is sent to the employee
• Additional copies are sent to: the employee’s Battalion Chief/Supervisor; the appropriate Deputy Chief; the employee’s personnel file; and the City Risk Manager’s office
• The ARB is composed of the Assistant Chief of Administration (Chair), the Safety Captain (voting member), representatives from TFD Administration (voting members), representatives from IAFF Local #31 (Labor) (voting members), and TFD Incident Safety Officers (non-voting members)
• The number of voting members designated by Labor should equal the number selected by Administration
• The number of voting members designated by Labor cannot be less than the number selected by Administration
• A quorum of ARB members must be present when voting on decisions
• The Assistant Chief of Administration can designate another TFD Administration representative to serve as ARB Chair in his/her absence
• The Assistant Chief of Administration (or designated Chair) functions as a tie-breaker
• The Assistant Chief of Administration can request subject matter experts to assist the ARB

Appeals of ARB Rulings

• An employee can appeal the ARB ruling to the Fire Chief by submitting a written appeal, in memorandum format, within ten (10) working days of receiving the ruling
• Failure to appeal within the timeframe results in forfeiture of that right