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Freelancing

It is second nature for a firefighter to want to render assistance in someway whether they are on duty or off duty. For instance, when 9/11 occurred there were reports of firefighters on their day’s off from around the country driving in their own vehicles to help in some fashion. This may seem odd to the general public that a firefighter would grab their gear and use their own vehicle to help, but to a firefighter it is not odd at all. 9/11 was a major disaster in United States history, but in reviewing this case study, there may be some major differences if comparing the two incidents to one another. Not knowing the extent of the incident taking place in the neighboring state, more than likely there is a good reason why the department only sent one engine company with four paramedics on the mutual aid request, such as the need for their own cities paramedic coverage or the engine only has four seats. A statute that protects firefighters from liability when operating out of their jurisdiction as long as they are acting in good faith is called the “Emergency Management Assistance Compact”.

This statute establishes a national mutual aid response program. Article V

provides that persons with a license in one state (for example, a paramedic certificate) are deemed licensed in the state where they are rendering mutual aid. Like wise in article VI, for purposes of liability they shall be considered “agents of the requesting state” and shall not be liable “for any act or omission in good faith”. “Good faith in this article shall not include willful misconduct, gross negligence, or recklessness. (Bennett, 2008, p.46)

There are usually reasons why statutes such as this one are written and most of the time it involves protection from lawsuits.

The firefighter that did not receive permission to respond to the incident by the department is “freelancing” and is acting in a reckless way by doing so and may not be covered by this statute, but it also can be interpreted as it was his duty to act and provide assistance therefore he could be protected. Prior to this statute, there may not have been any protection for this firefighter as his “freelancing” would be considered reckless. The incident commander should deny the participation of the firefighter to help, since he is not assigned to the incident. Though depending on the size of the incident and the critical need for emergency personnel, the incident commander may put this firefighter to work, but his jurisdiction would be liable as the firefighters department is unaware of his participation. Regardless, this firefighter should be aware that his “freelancing” could hold his department, the jurisdiction in question or himself open for the possibility of a lawsuit and also for him, disciplinary action that could lead to termination.

References

Bennett, L.T. (2008). Fire Service Law (1st ed.) Upper Saddle River, NJ: Prentice Hall