Know Your. Every job in every industry has some type of liability attached to it. The best way to avoid liability is to talk about it CDE #41527

Transcription

1 CDE #41527 Know Your Liability The best way to avoid liability is to talk about it By Sheila Hanna-Wiles, RPL Every job in every industry has some type of liability attached to it. 28

2 There are some words and phrases that telecommunicators prefer be avoided in the communication center, such as It sure is quiet today. Oh no, they used the Q-word! Another word to avoid is liability. Why would one word be so scary? The answer is simple: When it s used, many believe it s being used to frighten the telecommunicator. This is far from the truth. Every job in every industry has some type of liability attached to it. The best way to avoid it is to talk about it, learn how to minimize risk and then talk about it some more. Public safety consists of many different positions that are found in a communication center, and with each position comes some type of liability more for some and less for others. In this article, we will look at three types of liability that can impact PSAPs and telecommunicators criminal, civil and vicarious: Civil liability refers to responsibility for debts or wrongdoing against another private party. For example, if a telecommunicator fails to advise an officer about the presence of a gun and the officer is killed on the call, the family of the officer if the state allows it can file a civil case against the agency and/or telecommunicator. Criminal liability deals with wrongdoing against society as a whole. It means the person has committed an offense against state criminal codes. Vicarious liability refers to responsibility placed upon one person for the failure of another with whom the first person has a special relationship, such as a parent and child or employer and employee, to exercise such care as a reasonably prudent person would use under similar circumstances. If state law permits it, a person can be tried in both a criminal and civil case, and the verdict can be different in each one. The most notorious examples are the trials of O. J. Simpson, who was found not guilty in the criminal case but guilty in the civil case. Most lawsuits brought about in the industry are civil cases. Unfortunately, there are many of these lawsuits in the books today. The influx of these lawsuits is and can be caused by one or more of the following: Lack of training Lack of standardization (policy/ procedures/guidelines) Lack of accountability Complacency Lack of supervision Lack of training is at the forefront of the causes. New-hire training is a must in our industry. We can no longer hire people and allow them to sit in dispatch with the most experienced person for a day or two and expect them to perform at a top level. Without a standardized new-hire training program, agency liability increases. We ve come a long way over the years, and now more than ever we need continuing education to keep up with changes and to reinforce the knowledge of each employee. In-service training should be a mandatory requirement in every agency to help minimize liability. Assuring that every employee has the same training across the board and implementing a minimum number of training hours is the start of a good in-service training program. Lack of standardization means that the agency does not hold the actions or inactions of employees to a certain standard. This includes both written policy and procedures that each employee follows as well as national standards. APCO International has been involved in the development of several national standards for public safety communications in the operational, technical and PSC January/February

3 training areas. To help minimize liability, an agency should have written policy and procedures that conform to the national standards. Lack of accountability falls into many different areas, but one that stands out the most is quality assurance and/or quality improvement. All employees are responsible for their own actions or inactions, but how are agencies making them accountable? A true QA/QI program will ensure that every telecommunicator is following the same standards and that potential mistakes are caught and corrected early. Implementing this program is an indication that an agency is proactive rather than reactive. By implementing this program, every telecommunicator can be held accountable in a fair and precise manner. Complacency happens before anyone realizes it. Someone who has been in the business for years doing the same thing time and time again is most likely to fall into this trap. In this industry, we don t have room for complacency. The fact that we have processed a specific call the same way for the past 10 years does not mean that this time when the call for service comes in it should be treated the same way. Every call should be handled on its own merits. Treating every call for service as a call you have never received will help minimize your liability, because you are apt to do everything that is supposed to be done. Lack of supervision concerns shift supervisors, managers and directors, and agency budgets affect this area tremendously. Some agencies operate without any supervision on each shift, and this practice is very dangerous. Someone who is physically inside the communication center needs to be in charge. People can t supervise from cars in the field or from their living room couches. A supervisor needs to know what is going on every minute of the shift. Shift supervisors are the link to the managers and directors who are ultimately responsible for the day-to-day operations in the communication center. The question has been raised several times: Can a telecommunicator be sued personally? Some states offer immunity for public safety agencies and personnel against liability lawsuits. However, once a special relationship has been established, the immunity is negated and the agency and/or individual will be held responsible for any negligent acts performed in the commission of their duties. In a communication center, there are several ways to reduce liability: 1. Follow the policy and procedures. Abiding by the policy and procedures set forth by the agency mitigates the risk for the telecommunicator. 2. Identify and report outdated policy and procedures. As a telecommunicator, you are responsible for identifying and reporting outdated agency policy and procedures to your supervisor. Having done so, it is then the agency s responsibility to make any necessary changes to them. 3. Report policy and procedures that do not meet agency goals. Telecommunicators are in the best position to know what works best for everyone. Choosing not to make your voice heard can put you in the hot seat in a court of law. 4. Attend all training opportunities. Telecommunicators are ultimately responsible for themselves. If telecommunicators want to put on a shield of armor, then they should attend any available training. If telecommunicators miss a training opportunity, they should find another option for participating in the training. They should Emerging Technology Forum March 15-16, 2016 Kansas City, MO -PDBUJPO "DDVSBDZ t 'JSTU/FU t /FYU(FO t $ZCFSTFDVSJUZ 30 Showcasing the Future of Public Safety Technology To register and learn more about the event, please visit techforum.apcointl.org _Editorial.indd 1 12/10/15 1:08 PM

4 also seek additional training opportunities in areas in which they may be weak. 5. Understand the importance of a quality assurance/improvement program. The first thing that telecommunicators think when this program is put in place at their agency is that the agency is out to get them. The truth of the matter is, the agency is out recognize when the telecommunicator is doing things the right way. This program is not a disciplinary program, but rather a motivational tool and an agency s insurance policy that everyone is being properly trained. 6. Get behind accreditation and certification. Each agency that chooses to meet the APCO Agency Training Certification requirements and/or the CALEA Accreditation requirements will minimize its liability tremendously. The standards required in each of these programs have been created by industry experts who understand the operations of a communication center. An agency that earns either of these recognitions ensures that every telecommunicator follows the requirements. 7. Document, document, document. As the saying goes, if it s not in writing, it didn t happen. Information typed into the CAD system could mean the difference between guilty and not guilty. The CAD record should draw a picture of what is happening or has occurred throughout the entire call for service. Minimum documentation in the CAD record will raise a red flag in a courtroom. Trying to remember what happened because it wasn t put in the CAD is even harder. The risk that every person carries in the communication center is the same amount of risk that someone else would carry in any other job or profession maybe not the exact type, but it is all a liability. The key is to minimize your exposure. One last thought: If something should occur and you are named in a lawsuit, think about the people who will be deciding your guilt or innocence. Most likely, the jury will consist of 12 people who have never been inside a communication center and do not understand what goes on in one. They don t understand that when you are talking to someone on the phone, you are also doing three other things at the same time. It is your responsibility to have everything in place so if this should ever happen, those 12 people can be educated on what goes on in the communication center based purely on the programs in place at the agency, the status of the agency and training opportunities. Sheila Hanna-Wiles, RPL, is the education and training administrator for the APCO Institute. She has served in public safety for 18 years as a telecommunicator and coordinator for training, QA/QI and She has also served on several workgroups for public safety curriculum. Attending training sessions should be a priority for all telecommunicators. PSC January/February

5 1. Which of the following best describes where the risk of liability is found: a. Liability attaches exclusively to public safety work, and nowhere else. b. Liability attaches to public safety and to medical work, and nowhere else. c. Liability attaches to every job in every industry in some way. 2. Civil liability refers to debts or wrongdoing against another private party. 3. Vicarious liability refers to the responsibility that falls on a person as a direct result of his or her own actions. 4. As stated in the article, the influx of lawsuits in the industry today can be caused by which one of the following: a. Lack of training, lack of supervision, lack of standardization. b. Lack of amenities, lack of demand, lack of return. c. Lack of public interest, lack of publicity, lack of public involvement. CDE EXAM # Continuing education and training are important in managing the risk of liability because (choose the one best selection): a. Without a standardized new-hire training program in place, the liability for an agency is heightened. b. Continuing education helps staff to keep up with all the changes and to reinforce the knowledge of each employee. c. A minimum number of training hours is the start of a good in-service training program. d. All of the above. 6. Entering minimal information in the CAD will eliminate liability. 7. Which one of the following best describes the importance of a true quality assurance/quality improvement program for reducing liability? a. A true QA/QI program ensures every telecommunicator follows the same standards and potential mistakes are caught early and corrected. b. A true QA/QI program cuts costs and improves efficiency. c. A true QA/QI program increases staff retention by ensuring greater job satisfaction. d. None of the above. 8. Nobody is more likely to fall into complacency than the newly hired telecommunicator. 9. Documentation is vitally important to the work of the telecommunicator and can be a key factor in a liability case. 10. According to the article, agencies that chose to meet APCO and CALEA certification benefit by: a. Free publicity in industry magazines, at conferences and possibly on local TV. b. Adopting standards created by industry experts who understand how a communication center operates. c. Reducing the hours telecommunicators have to work on each shift. d. All of the above. Using the CDE Articles for Credit 1. Study the CDE article in this issue. 2. Answer the exam questions online or using this form. Photocopies are acceptable, but don t enlarge them. 3. Fill out the appropriate information section(s), and submit the form to: APCO Institute 351 N. Williamson Blvd. Daytona Beach, FL ORDERING INFORMATION: If you are APCO certified and will be using the CDE exams for recertification, complete this section and return the form when you send in your request for recertification. Do not send in the exams every month. There is no cost for APCO-certified personnel to use the CDE article program. APCO Instructor Certificate # Expiration Date: APCO EMD Basic Certificate # Expiration Date: If you are not APCO certified and would like to use the CDE exams for other certifications, fill out this section and send in the completed form with payment of $15 for each exam. You will receive an APCO certificate in the mail to verify exam completion. (APCO instructors and EMD students, please use section above also.) Questions? Call us at 888/APCO You can now access the CDE Exam online! Go to to create your username and password. Enter article in the search box and click on 2015 Public Safety Communications Magazine Article Exams, then click on Know Your Liability #41527 to begin the exam. Once the exam is completed with a passing grade, a certificate is available by request for $15. Name: Title: Organization: Address: Phone: Fax: I am certified by: MPC PowerPhone Other If other, specify: My check is enclosed, payable to APCO Institute for $15. Use the attached purchase order for payment. 32