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SAFENET Event Information
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SAFENET ID:
20181005-0001        [Corrective Actions]
Event Start Date:
10/02/2018 0800
Event Stop Date:
10/02/2018 0900 
Incident Name:
Bald Mountain Fire
Fire Number:
UT-UWF-000892 
State:
Utah
Jurisdiction:
USFS
Local Unit:
UWF
Incident Type:
Wildland
Incident Activity:
Support, Transport to/from
Stage of Incident:
Demobe
Position Title:
ENGB 
Task:
Demobbing from incident at Finance 
Management Level:
1
Resources Involved:
Engine crew 
Contributing Factors
Contributing Factors:
Human Factors
Human Factors:
Decision Making, Leadership, Risk Assessment, Fatigue  
Other Factors:
 
Narrative
Describe in detail what happened including the concern or potential issue, the environment (weather, terrain, fire behavior, etc), and the resulting health issue.
On 2 Oct 2018 at approximately 0800 we were de-mobbing from the Bald Mountain Fire (UT-UWF-000892). Bald Mountain had been combined with the Pole Creek Fire (UT-UWF-000971) and both incidents were under the command of IMT X Team #X, Incident Commander XXXXX

Travel on 17/18 Sept from Clark, WY to Payson, UT was 547 miles. No one in Finance would sign a travel shift ticket (OF-297), so ENGB XXXX submitted the shift ticket to Ops Chief-planning (t) XXXXX for signature. The shift ticket showed Demob/Travel on 10/2 and Travel on 10/3.

Ops approved both days, as 547 miles divided by 45 mph average is 12.2 hours (VIPR contract Section D.6.5.2) of drive time and a driver is limited to a maximum of 10 hours of drive time per day. (VIPR Contract Section D.6.6, Section D.21.8.1.2 (a) and (b); Interagency Business Management Handbook (4/18 edition) chapter 10 page 10-14 lines 1-3; CFR 49.B.III part 395.3 and 395.5.)

When the shift ticket was presented at Finance it was initially accepted until it reached XXXXX (she did not give her position title, but it appeared she was a supervisor). XXXXX refused to accept the shift ticket for two days of travel because her calculation from Spanish Fork, UT to Clark, WY was 507 miles or 11.3 hours of drive time and she will not pay for two days of travel. XXXXX claimed that her interpretation of VIPR contract Section D.3.1 (3) requires ALL personnel on an Engine to have a CDL and be capable of driving the Engine.

ENGB XXXXX left finance and came and got me. I am the driver/operator of the Engine, ENGB, and owner/president of the company.

Upon entering the Finance yurt I encountered several individuals we had worked with that informed me that my employee and company had been the topic of conversation between the time ENGB XXXXX left and returned with me. XXXXX had made it clear to everyone that she was not paying two days travel for 500 miles.

When I approached XXXXX she produced a copy of page 37 of my VIPR agreement including the following section:

“D.3.1 -- TRAINING/EXPERIENCE.
.
(a) Each person employed by the Contractor under this Agreement shall meet the following minimum requirements, and be able to provide evidence that employees meet the requirements upon request:
(1) RT-130 Annual Fireline Refresher including fire shelter
(2) All Tactical Water Tender and Engine personnel shall be trained in accordance with NWCG Wildland Fire Qualifications System Guide PMS 310-1 and qualifications carded in accordance with Exhibit N and Exhibit O, Training and Positions Qualifications Requirements. This does not apply to Support Water Tender personnel.
(3) Commercial Drivers License, when required.
(4) All operators shall be able to operate the equipment safely up to the manufacturers limitations.” (Bold language was highlighted on her copy)

XXXXX claimed that her interpretation was that all personnel on the Engine must have a Commercial Drivers License (CDL) because “what if the driver got hurt, who would drive the truck?”

After a discussion, I stated that in twelve years we have never been required to have everyone on the Engine have a CDL. No where in the VIPR agreement, Interagency Handbook, or NWCG 310 does it require a CDL for everyone on an Engine. Finance XXXXX was asked to show the requirement for everyone to have a CDL. She could only reference D.3.1 (3), omitting the phrase “when required”.

When I showed her VIPR Contract Section D.6.5.2 -- The Government will estimate the travel time to and from the incident. Travel time via ground transportation shall be calculated by dividing distance (from point of hire to incident, or incident to incident or incident to point of hire) by average travel speed of 45 mph, plus applicable rest time. And D.21.8.1.2 -- Driver Hour Limitation - The following Driver Hour limitations, as referenced at D.6.6, shall apply to this agreement:
(a) No driver will drive more than 10 hours (behind the wheel/actual driving time) within any dutyday (operational period, see Exhibit A).

XXXXX stated that she was not paying a crew just to drive 450 miles in a day. She stated that we are only 507 miles from home and can easily drive that in a day. That is why she said that everyone is required to have a CDL so that after the first driver drives 10 hours the second one can drive 10 hours and so on.

I informed her that even if everyone on the truck had a CDL the most they could drive would be 14 hours and then everyone would have to have 10 hours off under CFR 49.

XXXXX stated that there was a Contracting Officer present and brought XXXXX (PROC) into the discussion. XXXXX immediately agreed with XXXXX that all personnel on an Engine need to have a CDL and be able to drive the truck.

XXXXX then had XXXXX email my Regional Contracting Officer, XXXXX to see if she was available. XXXXX then called and put XXXXX on speaker phone. XXXXX then read “D.3.1
(a) Each person employed by the Contractor under this Agreement shall meet the following minimum requirements,
(3) Commercial Drivers License.”

XXXXX agreed that required everyone on the Engine to have a CDL.

I made myself known to XXXXX that I was hearing the call (XXXXX then advised her that we were on speaker phone) and that we have never had to have everyone on the Engine able to drive, to do so now would constitute a material change in the contract.

XXXXX then accused me of arguing with them so that they would have to pay for a second day. She stated that since we had been on the clock since 0700 and it was now almost 0900 and we have 11.3 hours of driving we are at 13.3 hours of work, so we are trying to delay and argue until we have more than 14 hours.

At that time I said I would sign the invoice in protest and dispute it later.

I then signed the invoice, cleared through Demob, and we left.

All of this took place very publically and loudly so that every person, engine, or crew that was out processing at that time was made aware that XXXXX, XXXXX, and later XXXXX felt that driving for only 10 hours or 450 miles (after working a 13 day assignment) was not enough.

XXXXX and XXXXX passion in arguing that only driving 10 hours is unacceptable to them indicated that this is not the first time they have based decisions of personal basis.

Instead of following the requirements of the VIPR contracts, Interagency Business Handbook, and Code of Federal Regulation they use coercion, intimidation, public shaming, defamation, and withholding of approved funds to push their personal agendas.

It does no good for the Incident Commander, Ops Chief, and team Safety to preach safety, especially when traveling home if the last people that departing resources encounter demand that they travel longer, faster, and with fewer breaks to save a few dollars.

The willful violation of travel rules and regulations by these individuals jeopardizes the health and safety of everyone and can lead to injury or death of firefighters and the general public.
Immediate Action Taken
Reporting Individual : please describe actions you took to correct or mitigate the unsafe/unhealthful event.
I took personal action to follow the travel time and broke it up into two days, regardless of pay.

I recommend that all personnel involved in finance and demob on any incident receive training on the travel time requirement of VIPR contracts, Interagency Business Handbook, and Code of Federal Regulation.

I recommend a review of all post demob accidents (especially those involving injury or death) to see if any contact or actions of those involved in this incident played a part.


Agency Response

20181005-0001-CA001

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