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Fire chief threatens lawsuit over letter

Mike W. Bryant
Northern News Services

Yellowknife (Feb 15/06) - Yellowknife's fire chief is threatening to sue after a union official took complaints about unsafe fire protection equipment to the NWT fire marshal and the Worker's Compensation Board.

NNSL Photo/graphic

A firefighter puts on his helmet as he prepares to enter a burning building while fighting a fire. The union representing firefighters with the Yellowknife department has complained some equipment isn't up to safety standards. - NNSL file photo


Letters obtained by Yellowknifer show a testy exchange between Craig Halifax, president of the International Association of Fire Fighters local 2890, and Mick Beauchamp, the fire chief.

On Feb. 3, Halifax wrote Beauchamp complaining of an "extreme safety issue" in regard to protective clothing and breathing apparatuses worn by Yellowknife firefighters. He said the equipment does not meet standards set out by the NWT Fire Prevention Act and regulations, which incorporate National Fire Protection Association (NFPA) standards.

Halifax accused management of showing a "lack of regard for the health and safety" of Yellowknife firefighters.

The letter was also sent to NWT Fire Marshal Bernie Van Tighem, the chief safety officer for the NWT Workers' Compensation Board (WCB) Bruce Graney, and Dennis Marchiori, director of public safety for the City of Yellowknife.

The same day, Beauchamp wrote Halifax back, expressing "great concern and disappointment" that he chose to take his complaint outside the fire department.

He stated that it was "another example of local 2890 refusing to co-operate and work with management," and that Halifax's letter "had the appearance" of an attempt by the union to get the fire marshal and WCB to launch investigations into the union complaint.

The union and management are negotiating a new collective agreement. The firefighters' contract with the city expired in December.

Beauchamp wrote that the fire department tries to meet "NFPA standards wherever appropriate and applicable," and that "there is always a question if certain NFPA standards are affordable or realistically achievable."

Nonetheless, in his letter he said all protective gear, including helmets, hoods, boots, and visors meet NFPA standards.

The same goes for breathing apparatuses, although the department is spending $55,000 to meet NFPA's newest standard, adopted in 2002.

In his letter, Beauchamp warned Halifax that Beauchamp is seeking "legal advice with the intent to take legal action and hold local 2890 accountable for their actions and comments made publicly" to the city, WCB, and fire marshal's office.

Beauchamp also wrote that the union's actions were a direct violation of the firefighter's collective agreement and a "disgrace" to the department and the union local.

When asked whether the Feb. 3 safety complaint was related to the death last March of two firefighters, Halifax declined to comment.

He said he never intended for his letter to be made public.

"We brought concerns forward to the chief's office in regard to certain things, and that was to have discussions somewhat internally between the union and management to address some of these concerns," said Halifax. "It wasn't intended any further."

Beauchamp declined to comment.

Fire marshal Bernie Van Tighem said any investigation into whether fire department equipment meets standards would be up to the WCB.

He said the standards addressed in Halifax's letter are the law in the NWT, however. The regulations for protective gear were last updated in 2003.

"The question was raised, 'Are these standards law, and if so, how are they law?'" said Van Tighem.

"Basically, that's how I responded - they are adopted through the fire prevention regulation. As we update the regulation we also renew the standards we are adopting."

Beauchamp wrote that there was "no legal requirement" to upgrade breathing apparatuses to NFPA's 2002 standard, but Van Tighem said that was adopted into regulation the following year.

Gary Tokle, assistant vice-president of public protection for the NFPA, said standards are typically updated every five years.

The WCB said it plans to investigate the union's complaints.

"We take all complaints of safety violations very seriously," said Dave Grundy, communications manager.

He couldn't say when the WCB will investigate or how it will be accomplished, however.