POLICY REPORT
PUBLIC SAFETY
Date: May 19, 1995
TO: Vancouver City Council
FROM: Assistant Fire Chief, Training, in consultation
with the Directors of Legal Services and Risk
Management
SUBJECT: Provincial Fire Services Rope Rescue Program
RECOMMENDATION
THAT Council rescind its April 25, 1995 resolution that
the Workers' Compensation Board indemnify the City with
respect to the Provincial Fire Services Rope Rescue
Program.
GENERAL MANAGER'S COMMENTS
The General Manager of Fire & Rescue Services RECOMMENDS
approval of the foregoing.
COUNCIL POLICY
Council has a policy of not accepting the obligation to
deliver service on behalf of other agencies unless the City
is indemnified, or unless the City is legally obliged to do
so.
Rescinding the April 25, 1995 motion requires two-thirds of
Council present at the meeting.
BACKGROUND
On April 25, 1995, Council approved the City's participation
in the Fire Service Rope Rescue Program. Under the program,
the construction industry funds high angle rescue equipment
and training. As a condition of participation, Council
directed that Workers' Compensation Board (WCB) indemnify the
City.
DISCUSSION
Rescues under this program involve high angle rescues of
construction industry employees. WCB are (understandably)
unwilling to provide indemnification in relation to non-
employees since high angle rescues of non-employees would be
undertaken in the normal course of Fire Services, with or
without participation in the Rope Rescue program. Section 10
of the Workers Compensation Act precludes an employee from
suing the City for damages in such a circumstance and there
is, therefore, no need for a separate indemnification from
WCB for employee-related liability.
To the extent that specialized equipment and training in this
area will make Fire Services personnel better able to carry
out such rescues, the City's liability is reduced in non-
employee rescues as well.
CONCLUSION
Given that the City is protected by legislation from claims
from workers arising under the Rope Rescue Program, a
separate indemnity from WCB is not necessary.
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