“This is a very confusing issue for the general public to understand, to say the least,” Holstein said.
First, On April 26, 2010, the state’s only provider of Worker’s Compensation Insurance sent a notice to all of the volunteer fire departments in the state informing them premiums would increase by as much as 99 percent and that as of July 1, 2010, they would no longer renew the broad form liability insurance coverage that provided an umbrella of protection should Worker’s Compensation claims be denied because the occupational injury occurred in a hazardous environment.
Broad form is a type of insurance that provides coverage to the officer and directors of an organization that have to send their employees – in this case, firefighters – into hazardous environments to do their jobs. In the most general application, broad form coverage protects officers and board members except when a criminal act is involved, but in West Virginia, all that needs to come into play is some type of negligence.
“As just about everything we do involves some sort of hazard, the loss of this coverage is critical to how we operate. There are departments questioning as to whether they can continue to operate without liability protections,” said Paula Smith, President of the West Virginia State Fireman’s Association.
Smith said volunteer fire departments were the only occupational classification to be singled out for the non-renewal of broad form coverages.
Holstein said firefighters and their associations are asking Gov. Joe Manchin to address the issue with a special session or special call.
“There are going to be many volunteer fire departments without coverage and this could have very major negative effects on our ability to serve our communities,” he said. “If these issues are not addressed by the governor and state Legislature I think most experienced leaders of volunteer fire departments will leave.”
Holstein said then volunteer fire departments may shut down and ones that remain will have less experienced leadership.
“Some will close, some will lose valuable members and some may go on with business as usual,” he said.
Holstein says the issue is regarding the 100 percent compliance with NFPA 1500 guidelines.
“We strive for perfection, but that is not feasible,” he said. “However, deliberate intent in the guidelines states that if a firefighter is injured the fire officer can be held personally liable and sued, even if there was not negligence on the part of the officer. Who is going to take that kind of risk?”
House of Delegates Representative Larry Barker says many lawmakers agree that something must be done to give immunity to these fire officers.
“We have asked the governor for a special call regarding these issues,” he said.
However, Holstein says attempts to pass laws and other efforts have all been blocked.
“We want to protect our communities and we want to serve, but we must get support from our government,” he said.
Since BrickStreet has agreed to delay the workers’ compensation increase, the critical issue now is the broad form liability coverage.
Gov. Manchin has said in the past that the broad form issue would be added to the special session agenda with a proposal to extend immunity to officers and board members of VFDs. But Holstein and other fire department organizations claim it has yet to be done.
“The time for action is now. No one knows what will happen if something isn’t done to resolve this crisis. Departments will have to make tough decisions and that decision may decide to shut down until they can adequately protect their members…they may have no other choice,” said Chief Jim Oldaker of the Alum Creek Volunteer Fire Department, a member of both the West Virginia State Fireman’s Association and the West Virginia State Fire Chief’s Association. “Nobody wants to see a department shut down but this is the reality we face.”
West Virginia is already losing about five percent of its volunteer members annually.
Holstein said if volunteer fire departments begin to disappear homeowners could see insurance premiums skyrocket. Others says new business wouldn’t locate in West Virginia due to high or non-existent property and casualty insurance rates, and even medical insurance rates may rise.
Approximately 129 volunteer departments will be losing broad form coverage at the end of Aug. 2010, Holstein added.
Holstein and other firefighters are urging the public to get involved by calling the governor’s office at 304-558-2000.
“Tell him to support the state’s local volunteer fire departments,” he said.
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