Staying Out of Trouble - CFAA OTTAWA/ats2014/5. ncr Staying Out of... · Staying Out of Trouble • It is not a crime to be unable to do a test. • It is a crime not to do it and

Staying Out of Trouble

Liability and the Fire Alarm Technician


Disclaimer

What I am NOT:

What I am:


So what are the reasons one

becomes a Fire Alarm Technician? Any higher purpose?

Fire Alarms are all about PROTECTING & SAVING LIVES ..The job of a Fire Alarm Technician is a critical one…. ……and it is critical that the job is done well!


So what is “liability”? Definition of liability…. Merriam Webster

• the state of being legally responsible for something

the state of being liable for something,

• something (such as the payment of money) for which a person or business is legally responsible

• someone or something that causes problems

civil liability - potential responsibility for payment of damages or other court-enforcement in a lawsuit, as distinguished from ……

criminal liability - which means being open to punishment for a crime.


Who signs the contracts with customers? …….typically the (Technician’s) employer

Who must ensure a Fire Alarm is properly designed, installed and verified ? …..the Consultants, Designers, Installers and Verifying Parties

Who must ensure ongoing that a Fire Alarm is in good order? ….the Building Owner

So what does liability have to do with a Fire Alarm Technician?

So how does a Fire Alarm Technician become liable for anything ?


What is a Fire Alarm Technician responsible for?

Any suggestions……….?

• Being properly trained and qualified,

• Thoroughly inspecting and testing fire alarm systems,

• Complying with all applicable codes and standards,

• Carefully documenting their work


What is a Fire Alarm Technician responsible for?

• Ensuring that the building owner or the

authority in charge of a site is fully aware at all times of the serviceability of the fire alarm,

• Receiving and applying workplace safety training,

• Understanding your employer’s contract responsibilities

• Never exposing people to danger of bodily harm,

• Preventing disruption of a customer’s business, • Behaving ethically and professionally.


The Ontario Fire Protection and Prevention Act, 1997 provides; OFFENCES AND ENFORCEMENT

Offences

28. (1) Every person is guilty of an offence if he or she,

(a) hinders, obstructs or interferes with the Fire Marshal, an assistant to the Fire Marshal or a fire chief in the exercise of his or her powers and duties;

(b) prevents an inspector from entering land or premises under section 19 or 20, refuses to answer questions on matters relevant to the inspection or provides the inspector with information, on matters relevant to the inspection, that the person knows, or ought reasonably to know, to be false or misleading;

(c) subject to subsection (2) contravenes any provisions of this Act or the regulations; or

(d) refuses or neglects to obey or carry out the directives of the Fire Marshal, an assistant to the Fire Marshal or a fire chief given under the authority of this Act. 1997, c. 4, s. 28 (1); 2002, c. 18, Sched. N, s. 6.

http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_97f04_f.htm




The Ontario Fire Protection and Prevention Act, 1997 provides;

OFFENCES AND ENFORCEMENT Offences Penalty (3) An individual convicted of an offence under subsection (1) is liable to, (a) in the case of an offence other than one described in clause (b), a fine of not more than $20,000 or imprisonment for a term of not more than one year, or both; and (b) in the case of an offence for contravention of the fire code, a fine of not more than $50,000 or imprisonment for a term of not more than one year, or both. 2005, c. 33, s. 8



The worst kind of criminal offence concerning fire is a deliberate act, such as starting a fire.

The intent today is not to address such deliberate criminal acts….

A deliberate criminal act can also involve someone knowingly sabotaging a fire safety or life safety system. The intent today is not to address the saboteurs.


Criminal Negligence

“Deliberate” Negligence Knowingly Failing to Do the Right Thing

Knowingly failing to do what is required to maintain fire safety can be construed as criminal……

Examples?

….knowing that part of a fire alarm has been newly de-activated or bypassed, leaving the building without saying anything……


“….it is unrealistic to expect a technician to clear every little trouble and rectify every little problem before leaving each day….”

Knowingly Failing to Do the Right Thing (“Deliberate Negligence”)

A technician must make sure a building owner or site manager knows at the end of each day, what is working and what isn’t, so appropriate fire watch or other temporary measures can be taken.


Indicating in an inspection report that a device or function was “tested”, when said testing was not done (according to code), misrepresents the actual situation, and is also criminal



• It is not a crime to be unable to do a test. • It is a crime not to do it and say that it was done. • It is not a crime not to know how to do specific

operations or tests on a fire alarm system. • It is a crime to pretend that you do, and report that you

have done it when you haven’t. • It is not a crime not to be a trainee or student fire alarm

technician. • It is a crime to represent to a building owner, operator or

AHJ, that you are a properly and fully registered fire alarm technician when that isn’t the case



“Inadvertent” Criminal Negligence

• could arise if, by neglecting to fulfill one’s responsibilities, one puts people, assets, or operations in danger

• different from the knowing acts of omission • can exist even if there is no intent to cause harm. • e.g. can arise in the job of a supervisor, if they fail to ensure

their employees are properly trained, safe, properly equipped, or properly overseen.


…working on things for which one is not qualified, …not complying with Codes and Standards, ...failing to act, …failing to inform, …doing something when one should have known better, …being too lazy to do all the right things, …because of uncertainty, ignorance, or poor judgment, doing the wrong thing, or doing nothing, …staying quiet about an “elephant” in the room.

“Inadvertent” Criminal Negligence


Failing to fulfill your responsibilities, you may be committing a criminal offence, and be liable to serve jail time or pay very stiff fines.

Likelihood of prosecution and severity of penalties increase significantly if a life is lost, someone is injured, or assets are destroyed.

The burden of a criminal record can be worse than the penalties.

Supervisors have a duty to take reasonable care to ensure their technicians are not taking criminal shortcuts, or doing any of the nasty things we have already spoken about.

Criminal Negligence - Summary


Civil Liability

The penalties or awards are purely financial, but can be beyond the ability of a Fire Alarm Technician to pay.

The reality is, however, in Civil cases, “victims” are looking for money, and they will likely pursue the company that employs the involved Technician first.

Even if criminal charges are not brought against a technician or they are found not guilty of a criminal offence, there may still be civil liability.

Someone may launch a civil suit to recover damages and obtain punitive payments related to an incident or result that was caused by the actions or inactions of a Fire Alarm Technician.


However they should beware that if they wilfully wreak damage or cause injury through actions, inactions or negligence, despite their employer’s prior warnings to the contrary, they should expect to find themselves on their own in a court or on the street.

Technicians working for an employer, should make themselves aware of the protection their employers effectively provide them as employees, through insurance and through the employment relationship.

Technicians who run their own businesses, should make sure they purchase adequate liability insurance.

Civil Liability


Mitigating Circumstances Any suggestions for valid reasons for a Fire Alarm Technician ever, to do the wrong thing?

Common complaint;

“The Fire Alarm Service industry is full of small operators cutting their prices to get service contracts…..It’s impossible to do all of the right things and still compete…”

Opinions?


Mitigating Circumstances

“Fire Alarms don’t bring building owners revenue. They buy Fire Alarms only because they have to. They buy the cheapest system, the cheapest service and push technicians to do the minimum…..”

Opinions?

The Fire Alarm company owner pushes so hard for revenue and high margins, we don’t get enough hours in our contracts to do a good job….

Opinions?


Mitigating Circumstances

“The building renovation is causing havoc with the Fire Alarm, dust everywhere, system troubles and unwanted alarms all day long. So sometimes the fire alarm isn’t fully operational when we leave…”

Opinions?

“We told the owner she had a problem, but it was going to cost her money to fix it, she told us to forget about it. The boss says she still owes us a lot of money, so we should not tick her off…”

Opinions ?


Valid Reasons for a technician leaving a fire alarm system partially disabled without necessarily informing the appropriate parties: • Technician’s death, • Ordered to leave immediately by an AHJ when building is being

evacuated because of an earthquake, tornado, flood, terrorist threat, the presence of a hazardous substance, or structural collapse

• Relieved by another qualified technician, who knows the circumstances and the state of the system,

• Directed to leave immediately by the owner and his security personnel, (although one must tell the Owner about the state of the Fire Alarm regardless),

• Directed by an AHJ to cease working on the Fire Alarm, (although one must tell the AHJ about the state of the Fire Alarm regardless),

• Departure under duress, at gunpoint, etc.

….Any others…….?


Doing the right things when it is really difficult: • Easier to preach about doing the right thing,

than actually doing it.. • Technicians can be put into impossible

situations, or get conflicting signals ..

• None of us is likely to want to alienate people, or lose our jobs..

• Intent is to help you realize when liability can arise, even in

seemingly harmless situations..


Doing the right things when it is really difficult:

“I strongly believe this situation is wrong, and will endanger lives. My boss disagrees, and has told me to leave it the way it is….What can I do ? ” Any suggestions..? “The building is to be occupied tomorrow, but I have just

realized that we did a bunch of testing the wrong way, & the results could be unreliable. If I say something now, SOMEBODY will get fired. Maybe if I think about this long enough, I can convince myself I am just being paranoid and forget about it…. Any suggestions..?


Doing the right things when it is really difficult:

“ The electrician installed the wrong kind of wire in some places, but when I brought it to her attention, she told me it will work just fine, and I should forget about it. The Contractor is a big customer of our company… and that electrician is a good buddy of mine, and I don’t want her to get into trouble…..”

Any suggestions..?

Owners and leaders of the fire alarm companies should encourage their technicians to courageously confront difficult situations, speak up, and make their concerns known, because the far reaching consequences for not doing so can be far worse than the near term “heat” that results from blowing the whistle.


How to Stay Out of Trouble So far gloom and doom, the dire consequences lying in wait for wrong-doing Fire Alarm Technicians.….. Why don’t we focus now on the positive instead?

There have been cases of building owners being fined, and even sent to jail, but not many involving individual technicians… …..Of course this fact is not a reason for complacency… With a sincere desire to fulfill their responsibilities and an ongoing conscious effort to follow a few basic rules, Fire Alarm Technicians can indeed protect themselves, and stay out of trouble.


What are the basic things a technician can do to make sure she / he minimizes liability, and the risks of ever experiencing penalties and punishments?

1. Learn as much as you can about the latest technologies, practices, requirements, codes and standards pertaining to Fire Alarm. Be familiar with the Fire Code in your province.

2. Only do work that you are fully and legally qualified to do. Make sure you comply with provincial legislation in terms of what qualifications are needed. Don’t do the work that is reserved for licensed electricians only.

3. Don’t give advice you aren’t legally qualified to give. Realize that many will look upon you as a Fire Alarm Expert. It is a good thing to remind occupants of good general fire safety practices, but never represent yourself as something you are not.



4. Comply with the Codes and Standards in your work. They represent the minimum quality level …….. don’t cut any corners!

5. Make safety a passion for yourself. Fire safety, workplace safety, occupant safety, customer safety.

Be seen to be a safety freak.

6. NEVER put building occupants in danger by failing to ensure a Fire Alarm is fully functional, or that temporary protective measures are in place at all times.



7. Take a stand when you observe or believe that Fire Alarm system is not fully functional or not Codes and Standards-compliant…..Tell your boss, tell the owner, tell the consultant.

Be seen to be very conscientious.

8. If in doubt, say something. Do not go home to worry about something nagging at you and have a sleepless night. (They don’t pay you enough to undergo that kind of worry and stress.)

9. Be conscious of your employer’s agreements with customers. Respect your customer’s employees, their place of business, and their customers, in doing your work.



10. Use the right test equipment, (without violating the rules about working on electrical systems), make sure your equipment is calibrated and is approved for the purpose.

11. Document your work promptly, clearly, and legibly. NEVER falsify a fire alarm record. Never misrepresent in an inspection and test report. Go out of your way to be specific, leave no doubt as to what you have done and what you have not done.

Be proud to sign your reports.



This last rule is the most critical. If you follow it, all the rest will fall into place, and you should never get into trouble:

12. Focus passionately upon protecting the occupants of any building you work in. Do everything you can to ensure the fire alarm system is everywhere it needs to be when it is needed.

Be seen to be a passionate life safety enthusiast.

If you do your very best to follow these rules, you can render liability a non-issue for you, and stay out of

trouble.

Documents

Staying Out of Trouble - CFAA OTTAWA/ats2014/5. ncr Staying Out of... · Staying Out of Trouble • It is not a crime to be unable to do a test. • It is a crime not to do it and