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Freelancing

When emergency service professionals such as firefighters are off duty and their is a need for assistance, many cannot resist. For example, during 9/11 many off duty policeman, firefighters and EMTs jumped into the fray to help save lives. There were even some reports that some emergency services professionals used their own cars to help. This bravery may seem drastic to the everyday individual but this is common among this profession, Especially with the tragic events of 9/11.

We consider 9/11 a major historical and it is difficult comparing the incident to one another as there are several differences. The nearest Normal area fire departments initially sent the traditional

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