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Labour tribunal rules in favour of Clearwater firefighters

A firefighter extinguishes a fire in a trash bin at Clearwater (File photograph)

A tribunal ruled in favour of firefighters in a dispute against the Bermuda Fire and Rescue Service over the requirement for firefighters to run an ambulance in the East End.

The Bermuda Fire Service Association had complained to a labour and employment tribunal that staffing levels at Clearwater Fire Station often left them unable to operate a fire truck and an ambulance safely.

They branded the issue a safety concern, noting incidents of firefighters being left exhausted and longer response times to calls for assistance.

At a hearing in February, the BFSA called for an order to suspend the ambulance service when there is a staffing shortfall and for the BFRS to consult them before making further agreements.

The BFRS argued that the dispute fell outside the remit of the tribunal and that only four firefighters were needed to operate both vehicles at Clearwater.

In a May 2 ruling, published online recently, the labour tribunal found that the firefighters’ complaints had merit and called for action to be taken to address the issue.

The tribunal recommended that the ministry engage the services of Sir Ken Knight, who wrote a 2010 report on the fire service, to review staffing levels at Clearwater Fire Station.

“The request for Sir Knight, or such person comparable to Sir Knight's calibre and with his expertise in the event Sir Knight is not or no longer available, should be as soon as it is practicable to arrange for his visit to BFRS stations and headquarters,” the tribunal decision said.

“The tribunal recognises that if there are any Bermuda government budgetary and financial impactions to implementing Sir Knight's future recommendations, that the ministry may take those recommendations under advisement.”

The tribunal also ordered that all parties meet to discuss potentially changing the memorandum of understanding that left the requirement to operate the Clearwater ambulance with firefighters.

The tribunal heard that before 2006 all BFRS fire engines were crewed by a minimum of four to five firefighters. The minimum was reduced temporarily to four that year so that firefighters could attend the Firefighters Games in Hong Kong.

The “temporary solution”, the BFSA said, became permanent without further consultation.

In 2016, the BFRS was tasked with operating the ambulance service in the East End through an MoU with the Bermuda Hospitals Board.

While that MoU expired in 2021, both parties continued to honour its terms through a “gentleman’s agreement”.

However, the BFSA said that staffing levels at Clearwater Fire Station had created issues, with often only four firefighters to operate the ambulance and a fire truck.

At the February hearing, the BFSA urged the tribunal to make an order that the ambulance should be operated only when there are six firefighters on duty at the station, enough for both vehicles.

The BFRS responded that while the airport division of the fire service was about 24 firefighters below strength, the structural division of Clearwater Fire Station had a “full complement” of firefighters on duty.

They told the tribunal that each of the island’s fire stations had a duty strength of four officers, even though only Clearwater had the additional responsibility of an ambulance.

However, the BFSA noted a series of incidents in which staffing levels had an impact on health and safety.

Witness statements described firefighters falling asleep on the fire truck en route to a call out of exhaustion and firefighters leaving the scene of one call prematurely to respond to another.

In once incident, a person injured in a traffic collision in St David’s had to wait more than half an hour for treatment because Clearwater firefighters came across another incident on the causeway.

The injuries suffered were not life-threatening, but the tribunal said the incident was “very disconcerting”.

“The tribunal observed an egregious situation where something devastating could be avoided if the parties came together and worked towards the goodwill of all concerned,” the tribunal decision said.

“Some way forward needs to be implemented. Much of what is going on between the parties can be avoided with some commonsense discussions and reallocation of funds.”

Since the February hearing, changes have been made to the ambulance service in the east.

The Bermuda Hospitals Board started East End coverage on April 3 with an ambulance stationed at the Lamb Foggo Urgent Care Centre. This operated every day from 8am to 4pm.

On June 26, those hours were changed to 9am to 6pm. From 6pm to 9am, the Bermuda Fire and Rescue Service provides East End ambulance service from its Clearwater Fire Station.

It is understood that the number of firefighters on duty at Clearwater during those overnight periods has been increased to six.

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Published July 08, 2023 at 7:53 am (Updated July 08, 2023 at 8:10 am)

Labour tribunal rules in favour of Clearwater firefighters

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