Death during river rescue: Coroner's findings

photo: Great Lakes Coast Guard 9th District
Follow up to this story: Herschel Rescue has been charged with criminal negligence. Story to be continued... link here: http://www.cbc.ca/news/canada/toronto/negligence-charge-firefighter-1.4454058 


This past summer the Coroner’s Jury released their findings in the river rescue training deaths of student Adam Brunt (2015) and firefighter Gary Kendall (2010). The findings show admirable restraint but an inaccurately limited focus. I expect nothing will come of this.

First a recap: firefighter Gary Kendall was killed during an ice rescue training exercise that took place on ice over moving water.
The ice edge broke sending some of the firefighters into the water, where Kendall was pinned by a moving ice sheet. Adam Brunt was a student at a college pre-fire service program hoping to get hired upon graduation. He, along with other students, took an open enrollment swift water rescue technician course. It happened to take place in winter, with ice shelves on the river. I originally commented on this event when it happened (link below). What is known now, is that Adam Brunt was trapped by rebar or similar on the river bottom and drowned. He could not be rescued by the rescue course instructor. And one more thing, the same rescue course provider was in charge of both events… read the back story here

A Coroner’s Inquest looked into these deaths earlier in the year and released their findings at the end of May. Here is essentially what they recommended:
  1. Suspend all cold water / ice rescue training in ‘swift’ water
  2. Keep suspended until a committee can define cold water / ice rescue in swift water training standards
  3. Define guidelines of suitable locations for such training
  4. Create curriculum for both cold water / ice rescue and for swift water rescue training courses
  5. Come up with means of enforcing compliance to curriculum
  6. All providers of courses in "fire protection services" should be certified to deliver training
  7. Pre-course sign off on roles and duties of participant, trainer, safety officer, etc. be required (this was an issue in Kendall's death)
  8. Office of Fire Marshall to have local fire services put regulations in place regarding training on ice or swift water
  9. Track water and ice rescue calls and training incidents
  10. Define what technical rescue courses are appropriate to teach at a college ‘pre-service’ training program (i.e. to fire students who are not yet employed in the service, even though neither of these deaths had anything to do with college courses)

The jury showed restraint in not going big and re-writing the whole sector. But their narrow focus missed the boat, mostly. Combining ice rescue and moving water rescue, as the jury did, and what killed these two individuals, is just not done. By anyone. Except Herschel Rescue, apparently (they are still in business, you can find them on Facebook). The Jury findings focus on curriculum for cold water / ice rescue in moving water. It is not needed.

I like the rec that training providers be certified in some way. That would help, but guidelines still need to be in place. These guidelines need to come from the Fire Marshall’s office. I can’t even understand why a fire service thinks they need to train in such conditions. I hope there is a principled reason, as opposed to the ‘boys’ thought it might be fun PD. This has been in the hands of the fire service all along.

But here’s the thing: the Coroner bunched these two deaths together. They are very different. Kendall was a working fire fighter doing ice rescue (over moving water). Brunt was a student, taking a private course which he paid for himself, on swift water rescue (in the middle of winter). Moving water and ice were common to both, but in opposite measures. Both of the deceased had orientation around firefighting in common, but not equally. As you read in the linked blog post, the training provider got off on Ministry of Labour (MOL) charges because Brunt was not ‘working’ as a firefighter, therefore the MOL had no jurisdiction.

Kendall, the firefighter, was participating in training provided (mandated?) by his employer. He was killed on the job. I believe, in such cases, someone needs to be accountable. I don’t actually know if anyone ever was held to account in this case. The training provider was not.

Brunt, on the other hand, was a consumer in an unregulated marketplace, just like all adventure activity participants. They don’t know what they don’t know when they sign the waiver. River rescue in winter? Sure! That the training was delivered poorly is secondary. The Jury findings do not address this aspect because they did not consider this perspective. The Fire Marshall has no say in the commercial training marketplace. Regulating providers would help, but the Jury kept their rec’s only towards those providing fire service training. It needs to apply to all high risk training sectors – vertical rope rescue, scuba, swift water. I think I’m a voice in the wilderness on this one, as providers sure don’t want to be regulated. Their position is clearly ‘let the market place sort it out’. Herschel is still in business. The marketplace sorts poorly.