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HomeMy WebLinkAboutCOD-024-13 Staff Report# 1 c1twiflooft REPORT CORPORATE SERVICES DEPARTMENT Meeting: COUNCIL Date: October 21, 2013 Resolution#: By-law#: Report#: COD-024-13 File#: Subject: Volunteer Fire Mandatory Retirement at Age 60 — Review Policy RECOMMENDATIONS: It is respectfully recommended to Council: 1. THAT Report COD- 24-13 be received; and 2. THAT Council Members put forward a motion to suspend the rules of procedure if: a) Council wishes to put forward a reconsideration motion to discuss the existing mandatory retirement policy at age 60 policy for volunteer firefighters; or b) Council wishes to put forward a reconsideration motion to discuss the existing last-time exemption to the policy requiring mandatory retirement at age 60 for volunteer firefighters. 1 I C�� ` Submitted by: Reviewed by: � .--�, ��� �f.. Marie Marano, H.B.Sc Franklin Wu, Director of Corporate Chief Administrative Services/Human Officer Resources M M/gj CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379 REPORT NO.; COD - 02413 1. BACKGROUND AND COMMENT PAGE 2 1.1 At the meeting of September 30kh 2013, agenda Direction items D -13 and D -14 dealt with confidential correspondence regarding requests from two volunteer firefighters who were requesting exemption from the mandatory age 60 retirement policy for volunteer firefighters. At this meeting volunteer firefighter Dave Forrester also appeared as a delegation to speak in support of the requested policy exemption. Council invited the delegations into a closed meeting for discussion relating to identifiable individuals; however when it became clear that the discussion was applicable to policy versus individuals, the closed meeting concluded and the discussion was moved to the public forum. 1.2 In the public discussion at that meeting, Council passed the following motion: Resolution #C- 305 -13 Moved by Councillor Neal, seconded by Councillor Trail] THAT Correspondence Items D — 13 and D — 14 be referred to staff for a report back to the next Council meeting including discussion of the Municipality's policy of standard retirement at age 60 for volunteer firefighters. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill V Councillor Woo V Councillor Hooper V Councillor Neal d Councillor Novak Councillor Partner d Mayor Foster v 2. PROCEDURAL REQUIREMENTS FOR DISCUSSION 2.1 In order for discussion to take place on either: 1) the policy approved through report COD - 035 -08 Voluntary Fire Mandatory Retirement at Age 60 (Confidential Attachment #1) or REPORT NO.: COD -024 -13 PAGE 3 (2) the last exemption motion put in place through resolution #C- 208 -12 (Attachment #2); Council requires a motion to suspend the rules. Upon approval of suspending the rules, the appropriate reconsideration motion may then be introduced by Council. 3. EXISTING POLICY re: MANDATORY RETIREMENT AT AGE 60 - FIRE 3.1 As noted in previous reports on this matter, the Clarington Full -time Firefighter's Association entered into a Memorandum of Understanding in 1995 setting out retirement for their Members at age 60. That MOU was incorporated into their collective agreement. 3.2 The attached confidential report COD - 035 -08 outlined the risks of permitting continued employment for volunteer firefighters beyond age 60, and recommended the same standard for age 60 retirement that is applicable to full - time firefighters. The chronology of events related to the exemptions to the volunteer age 60 policy is as follows: a) In 2008, when report COD - 035 -08 came forward, there were 3 volunteer firefighters who were caught in that age group at the time of the policy adoption; as a result these 3 individuals were exempt from the original policy application. b) At the Council meeting on June 14, 2010 a request was made by another firefighter to continue working beyond age 60. That request was denied under resolution #C- 245 -10 by referring the request to the Director of Corporate Services to advise the employee of the existing policy approved in 2008 under Report COD - 035.08. However on June 28, 2010 that request was reconsidered and the first "post- policy" exemption was approved by resolution #C -296 -10. c) In June 2012 another request was received from a volunteer firefighter requesting exemption from the policy. The exemption was approved in resolution #C-208 -12 that stated that this would be the last exemption to the policy. d) On September 30th 2013 direction items D -13 and D -14 representing requests from two additional volunteer firefighters was referred in resolution #C -305 -13 above. Of note is the fact that there are 22 volunteer firefighters as of this date who are over age 50 and may look to have the same consideration. 4. THE RISKS REGARDING WORKING AFTER AGE 60 REMAIN 4.1 The age 60 retirement policy was put in place to limit the exposure to the Municipality, residents and both firefighter groups. It has never been a personal issue or decision by the Municipality. 4.2 The risks associated with cardiac events remains a concern for liability as well as the health of the individuals. The attached article "Heart Stopping" (Attachment # 3) was obtained from a firefighter fact site on the web; it notes that heart attacks are the #1 killer of firefighters, and that cardiovascular events account for 45% of REPORT NO.: COD -024 -13 PAGE 4 deaths among firefighters on duty in contrast to 15% of deaths on conventional jobs. It also notes that firefighters have a 300% increased risk of cardiac disease compared to the general population. 4.3 The Human Rights Tribunal has dealt with the issue recognizing age as a BFOR - bona fide occupational requirement for firefighters. It has upheld a provision in a Collective Agreement which requires mandatory retirement at age 60 for full - time firefighters for a number of reasons, including the fact that medical evidence established a probable connection between firefighting and heart disease. It noted that advancing age contributed significantly to the risk of a cardiac event in firefighters. Although the mandatory retirement legislation Bill 181 amendments are related to the Fire Protection and Prevention Act governing full -time firefighters who are regularly assigned to fire suppression duties, the duties performed by Clarington full -time and volunteers are the same, therefore they all face the same risk. 4.4 The Presumptive legislation under WSIB also applies to volunteer firefighters and imposes a potential payout obligation on the Municipality for a number of illnesses, including cardiac events (under certain circumstances), presumed to be related to firefighting duties, including cardiac events. 5.0 CONCLUSION 5.1 The Municipality values the contribution of our volunteers and respects their service and dedication. The tasks they are required to perform carry the same risk as full -time firefighters, and the mandatory retirement age is recommended to remain the same for both groups. 6.0 CONCURRENCE - Not applicable CONFORMITY WITH STRATEGIC PLAN — Not Applicable Attachment: Attachment 1 — Confidential Report COD - 035 -08 Attachment 2 — Exemption Motion #C- 208 -12 Attachment 3 -- Article "Heart Stopping" CONFIDENTIAL REPORTS ✓ G PA REPORT NO. COD-35-08 Resolution#: By-law#: DATE OF REPORT: June 16, 2008 Volunteer Fire Mandatory Retirement Age 60 Also referred to as Report COD-035-08 ATTACHMENT #2 Council Meeting Minutes _16- June 18, 2012 The meeting resurned in open session at 10:46 p.m. The Mayor advised that one item was discussed in "closed" session in accordance with Section 239 (2) of the Municipal Act 2001 and no resolutions were passed. Resolution #C -207 -12 Moved by Councillor Traill, seconded by Councillor Hooper THAT, in accordance with Section 10. 12.34 of the Procedural Bylaw, the meeting be extended until 11:15 p.m. "CARRIED" Resolution #C- 208 -12 Moved by Councillor Novak, seconded by Councillor Hooper THAT the correspondence from the individual requesting permission to extend his employment with the Clarington Fire and Emergency Services to the age of 65 be received; THAT, notwithstanding the Municipality's policy of standard retirement at age 60 for Volunteer Fire Fighters, the individual's request be granted, provided he provides a medical analysis supporting his ability to perform the job annually to age 65; THAT this extension be the last exemption to the Municipality's standard retirement policy for volunteers, and THAT the individual be advised of Council's decision. "CARRIED ON THE FOLLOWING RECORDED VOTE:" Council Member Yes No Declaration of Pecuniary Interest Absent Councillor Traill Councillor Woo Councillor Hooper Councillor Neal Councillor Novak Councillor Partner Mayor Foster Attachment #3 HEART STOPPING Firefighters are 300x more likely to suffer a heart attack at work than any other profession (source: Harvard School of Public Health). Heart attacks are the #1 killer of firefighters. In fact, according to a Harvard University Study, Heart Disease kills more on -dl firefighters than anything else — and it is definitely linked to their emergency duties --. The study states that the most frequent cause of death among firefighters is coronary heart disease rather than burns or smoke inhalation. Cardiovascular events account for 45% of deaths among firefighters on duty in contrast to 15% of all deaths that occur on conventional jobs.? Some possible explanations for the high mortality from cardiovascular events among firefighters include smoke and chemical exposure, irregular physical exertion, the handling of heavy equipment and materials, meat stress, shift work, a high prevalence of cardiovascular risk factors and psychological stressors. According to Harvard Researcher Stefanos N. Kales; MD, MPH, "Battling fires and rescuing civilians involve sudden, extreme exertion and exposure to toxic environments. These job risks make heart disease all the more deadly for firefighters." He stated: • Firefighters are 12 to 136 times more likely to die of heart disease when putting out a fire. • Firefighters are 3 to 14 times more likely to die of heart disease while responding to an alarm. • Firefighters are 2 to 10.5 times more likely to die of heart disease while returning from an alarm. • Firefighters are 3 to 7 times more likely to die of heart disease during physical training According to Linda Rosenstock, MD, MPH, Dean of the University of California, Los Angeles School of Public Health "They (firefighters) work in tough environments, they wear heavy equipment, they are highly stressed, and they are exposed to chemical toxins that may aggravate their cardiac risk. And all of these exposures are occurring during the period when these fatal events occur. We want to avoid every one of those deaths, in this work force particularly, because they put themselves at risk helping us ".3 A landmark study conducted at Saint Joseph's Hospital in Atlanta sponsored by the Federal Emergency Management Administration states firefighters are known to have a' three hundred percent increased risk for cardiac disease as compared to other segments of the population. H. Robert Superko, MD, principal investigator discussed the typical work scenario in which firefighters face every day, "Imagine being awakened from a dead sleep by a loud, shrieking siren several times during the night, responding through the rush of adrenaline, carrying a hundred pounds of equipment on your back, and meeting people at the very worst possible moments in their lives every day and you can begin to understand the toll it takes on the first responders. "And, consider the emotional and psychological stress they encounter each day as they respond to society's most brutal moments from murders to car wrecks and death. Finally, those http:// firefighterfactsnj .org /heartattack -risks Attachment ##3 who serve as first responders have a mind -set and a desire to help people. They certainly bring a competitive nature to the job but also a profound desire to help and to do the best for others. All these elements create an environment that puts them at an increased risk for cardiac disease." 4 References: 1. http: / / -,vww.nejm,orcr doi /full/10.1056/NEJMoaO6O357 #t= article 2. b4.//Nvw,�v.nejm.org/doi/fL,11/1 0, 1056/NEJMoaO6O357#refl 3. htt : / /� \,�v,,v. -,vebmd,conilheal -t- disease /news /20070321/firefi hter- killer- heart- disease 4. http: / /w�N v.fireengineering.coni/articles/ 2009 /03 /landmark- feina- study - heart- disease- is -an- e idernic- for- iirefi hters.htnil - Additional Infornnation: Centers for Disease Control and Prevention - FIRE TIGHTER FATALITY INVESTIGATION AND PREVENTION PROGRAM littp://,,v�v�v2a.cdc.gov/NIOSH-fire-fighter- face/state. asp? state=W&Incident Year= ALL &Medical Relate Related =ALL &Submit = Submit _ _.. -._ _ _._._...— Copyright © 2012 • FireFighterFactsM.org paid for by The NJFMBA http:// firefighterfactsnj .org /heartattack -risks