We have a training field with, smooke house, ladder tower, car wrecks etc.
Another dept wants to go in and do some training because they have nothing like that. They are coming from a long distance so I don't know what traning they have so far.
They will be on there own, except I will lend them a tanker and a FF to operate it.
If someone gets hurt who's responsible?
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05-09-2002, 07:51 AM #1
- Join Date
- Mar 2001
- NF / Canada
Other depts on your training grounds. Who is responsible?
05-09-2002, 08:22 AM #2
You need to draft a memorandum of agreement with that other department. Have them acknowledge that they will cover their members for workman's comp and that they are responsible for any damage to their own equipment (or to yours). Both of you will sign it and you will each keep a copy on file. *Consider the forms you sign to go to a weekend fire college - you always have to have your Chief sign off on the fact that they will cover you for workman's comp.*
You might also consider individual waiver forms for each of their personnel.
If you have an attorney for your department they can best write up these documents. If you don't you might explore approaching one for some 'charitable' work or see if the attorney for the town/city you are in will do it for you.Susan Lounsbury
Winston-Salem Rescue Squad
Griffith Volunteer FD
05-09-2002, 01:36 PM #3
If its your town its your command and your liability. Have agreements on command and that they will follow your orders and that all out of town FFs will be covered by their depts insurance and sops. One of the best things to do besides a lawyer would be to have a few of your guys there to monitor training, act as safety (w/ theirs), and watch your dept property.Member IACOJ & IACOJ EMS Bureau
New England FOOL
As always these are strictly my own opinions and views
05-09-2002, 11:40 PM #4
- Join Date
- Sep 2000
- Westchester Co., NY USA
Shammrock and NCR, brought up some excellent points. However I'd still contact your dept/municipality attorney. I have had lawyers I know tell me that you can have anyone sign any waiver you want, but its all up to the courts if you get sued and many have been found invalid. Also with a lot of things coming down following several training accidents that have occurred in NY. The AHJ, which in this case is you if they are using your facilities are responsible for having appropriate SOG's for training and ensure that all of them are being followed. Many of the county fire training centers how to look into it. I'm sure if one of them got hurt it would be covered under their depts insurance, especially if they sign an agreement, unless of course the injury was caused by a piece of your equipment, or caused by another faulty means on your property by your property.
The above is my opinion only and doesn't reflect that of any dept/agency I work for, deal with, or am a member of.
05-19-2002, 03:53 PM #5
I would become very familiar with the Lairdsville, NY tragedy and consult legal advice for this agreement. You can't be too careful, so make sure you've got your butt covered!Proudly serving as the IACOJ Minister of Information & Propoganda!
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