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THE NIPISSING INCIDENT AND WHERE WE ARE TODAY
ROB SERSON, FIRE CHIEF
INTRODUCTION• Overview of the Township of Nipissing and the
Nipissing Fire Department• Overview of the day of the incident• OPP investigation• MOL investigation and Charges• OFMEM Investigation• Civil lawsuit• Media• Summary
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• The Township of Nipissing is located on the south shore of Lake Nipissing, and has a population of approximately 1700 with an influx of approximately 1000 tourists in the summer months.
• The Township is primarily rural with desginatedrecreational and residential areas. It has a geographical area of approximately 393 square kilometers
• Of the total property classifications of 1320 units, 1278 are residential of which 686 are year-round residential, 526 are seasonal dwelling units and 66 are farms.
• The fire department shares a full time fire chief with the Municipality of Callander and has approximately 22 volunteer firefighters.
• The department operates out of two fire stations and has 4 suppression vehicle and 1 utility vehicle.
• The department responds to approximately 60 alarms per year with most being medical responses.
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• On December 27, 2011, at approximately 9:00am, Nipissing Fire was requested to respond to a report of a house on fire at 4817 Highway 534.
• The property is located approximately 4.1 kilometers from Station 2.
• The Deputy Chief and two firefighters responded from station 1 with a pumper and arrived on scene at approximately 9:19am and confirmed a working fire
• Paul Nelson arrived at station 1 in his personal vehicle and was preparing to respond to the incident in the half ton pickup (utility truck).
• Mr. Nelson was requested to attend Captain Jeff Dane residence to pick him up as his vehicle would not start. Mr. Nelson drove the fire department pickup to Captain Dane’s and then proceeded to Station 2.
• Upon arrival at Station 2, a discussion between Captain Dane and Mr. Nelson took place on who was going drive what trucks.
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• Both apparatus at station 2 require a class “D” licence and the pumper Mr. Nelson drove required a “Z” Endorsement.
• Neither Captain Dane or Mr. Nelson had the required class “D” licence however both had their “Z” endorsement.
• Mr. Nelson responded from station 2 with Pumper 2, a 2000 Freightliner FL80. The apparatus carried 1400 gallons of water and had a manual transmission. The apparatus was built to NFPA 1901 standard.
• Shorty after Pumper 2 responded, Captain Dane and a second firefighter responded in Tanker 2 and came upon the accident. Mr. Nelson had no vital signs.
• The accident occurred on Highway 534, a long sweeping left curve for westbound traffic with a downhill grade at the intersection of Settler’s Road.
• There were no eye witnesses to the collision however a resident who lived 50 metres from the accident location for a period of 25 years noted that accidents at this location are a common occurrence.
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• The weather at the time of the accident from Environment Canada reported more than 3 cm of ground snow and 9 cm total snowfall.
• Highway 534 had last been plowed and sanded on December 26, between 4:00 and 5:30pm.
• At the time of the collision, Highway 534 was covered with snow and slush, with some snow packed section, and sand showing through the centre line.
Pumper 2
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Map of Nipissing Township
Collision Scene
Fire Station 2
Fire Scene
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• The Ontario Provincial Police Forensic Identification Unit attended the scene an investigated the accident.
• OPP requested a forensic examination of the apparatus and did not detect any defects that could have contributed to the crash.
• The underlying cause of the collision was lack of driver training and experience on fire apparatus.
• The OPP Northeast Region Highway Safety Division stated that they believed that the crash was the result of driver error.
• The OPP also advised that on the day of the collision, there were 26 collisions during a 9 hours period of time resulting in multiple fatalities.
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• A number of days after the accident, the Ministry of Labour contacted the Township and requested interviews with the fire staff involved.
• The Township complied with the MOL request and requested the Townships lawyer be present while staff were interviewed.
• During the investigation, the MOL requested documents for training records, operating guidelines, maintenance records, by-laws and others.
• In October 2012, The Corporation of the Township of Nipissing was charged with two charges under the Occupational Health and Safety Act.
• The two changes were;1. Falling as an employer to provide information, instruction
and supervision to a worker to protect the health and safety of the worker, contrary to section 25(2)(a) of the OHSA
Particulars: the Township failed to provide adequate information, instruction and supervision to Paul Nelson to ensure his safe operation of a pumper fire truck in winter conditions
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2. Falling as an employer to take all precautions reasonable in the circumstances for the protection of a worker, contrary to section 25(2)(h) of the OHSA
Particulars: The Township failed to take one or more of the following precautions:
• The Township failed to ensure that Paul Nelson was adequately trained, experienced and competent to safety drive a pumper truck in winter conditions;
• The Township failed to establish and maintain adequate procedures and protocols to ensure the assignment of trained, experienced and competent firefighters to safely drive fire apparatus in response to an emergency; and
• The Township failed to maintain on its fire department an adequate number of trained, experienced and competent firefighters to safely drive fire apparatus in response to an emergency.
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• The MOL believed that Mr. Nelson had very limited driving experience driving fire apparatus.
• The training was inadequate to prepare Paul to safely operate a manual fire truck in winter conditions.
• At the time of the accident, the fire department did not maintain driver training records for its members
• The Township of Nipissing failed to provide adequate information, instruction and supervision to Mr. Nelson to ensure his safe operation of a pumper fire truck in winter conditions.
• The Township had started a driver training program and was in the process of having the firefighters obtain their proper license.
• The Township was prepared to defend the MOL charges when the MOL offered to drop one charge if the Township would plead guilty to one charge and be offer a sentence of two years probation.
• The Township accepted the offer and plead guilty to:
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• “Falling as an employer to provide information, instruction and supervision to a worker to protect the health and safety of the worker, contrary to section 25(2)(a) of the OHSA”
Particulars: the Township failed to provide adequate information, instruction and supervision to Paul Nelson to ensure his safe operation of a pumper fire truck in winter conditions
• The OFMEM was notified of the incident for the fatality and suspicious fire.
• The OFMEM attended to investigate the fire and provide assistance to the Township with the fatality.
• The investigation report was inconclusive and determined the cause undetermined.
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• The fire was believed to be deliberately set by the OFMEM and OPP however any evidence was destroyed in the fire
• No charges were ever laid with respect to this fire.
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• The estate and the family of Paul Nelson proceeded with a civil lawsuit against the Township of Nipissing, Rob Serson Fire Chief, Will Bateman Deputy Chief, Jeff Dane Captain, Transfield Services and the MTO.
• The Townships insurance provider represented the Township, Fire Chief, Deputy Chief and Captain.
• The law firm representing the Township and employees requested an appeal to the WSIB stating that a Schedule 2 employer and/or employees cannot be found liable for damages incurred while working within the conditions of their employment.
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• The appeal was heard at a WSIB tribunal hearing where the insurance lawyer and defendant's lawyer presented evidence.
• The tribunal ruled that a scheduled 2 employee cannot claim damages from their employer or other employees and that the damages are insured from WSIB.
• Be prepared to be mauled by the media.
• The Townships legal advisors recommended Council and staff not discuss any details of the incident.
• All media releases were vetted by the Township’s Lawyers and released by the Mayor.
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Summary
• Have good operational guidelines and policies and enforce them.
• Ensure your firefighters have the proper license requirements.
• Have a driver training program. Include all vehicles and driving conditions.
• Document, document, and document some more.
QUESTIONS ?
