Compressed Gas Regulation Changes

BA Cylinders - Approved Fillers

Settlement Reached

Agreement has been reached with the Fire Service on issues arising out of the new requirement for B.A. Fillers to now undergo externally driven training and certifying as an Approved Filler.

The Agreement and this financial year’s numbers are attached. Key points of the Agreement are:

• A one-off payment of $70 to recognize the external certification/qualification now necessary to undertake B.A. filling.

• Your agreement is necessary for you to undergo the necessary training and certification.

• Once you are trained and certified, you can be expected to fill cylinders.

• Numbers to be certified are restricted for the balance of this financial year.

• Being an Approved Filler will not form any criteria for Station placement (either moving in or out), or for undertaking overtime at any location.

The Union sees this Agreement as significant.  Despite initial rejection of the Union’s claim, the Fire Service has now accepted the claim and consequently the principle of recognition for required external qualification.  Although the sum may appear small, the qualification payment will become part of the Collective Agreement and consequently be subject to re-negotiation when the C.A. is negotiated.

Secondly, the Agreement makes it clear that no member can be instructed or required to become an Approved Filler. It is now clearly your choice.

Members should also once again note that certification as an Approved Filler is necessary to lawfully fill B.A. cylinders.  Being a Trainer or a Telarc technician is not, in its own right, sufficient.

The Union has also received an assurance that Approved Fillers will be able to continue to fill dive cylinders.

Recognition must be given to the vast majority of members who respected the Union’s position on this matter.  This is a significant part of the reason why the Union’s arguments succeeded.

To those very few members who did fill cylinders when not certified, the Union notes that these people committed an unlawful action - an action that is subject to a potential $500,000 fine and a potential term of imprisonment of 3 months, and also subjects the Fire Service to similar penalties.

The Union will watch with interest as to whether the Department of Labour will prosecute.  The Union notes that committing such unlawful action must also be a breach of the Standards of Conduct.

Again, particularly given the obvious seriousness authorities take of breaches of this statutory requirement, the Union will watch with interest Fire Service management’s efforts to apply disciplinary action.  This is particularly so, given the eagerness of management to apply severe disciplinary action against members for trifling matters.

• Download Numbers of Approved Fillers on CEA (Excel File)
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When is a coalition not a coalition?

When is an instruction not an instruction?

Mike Hall (30 September 2005): "I am not prepared to pay a separate allowance in these circumstances and, accordingly, all existing BA fillers are to undergo the training and assessment.  This is an instruction."

• Read More on Mike Halls initial stance on this issue

Joint Management / Union Statement

Union officials and Fire Service management representatives have met several times over recent weeks to discuss the introduction of Approved Fillers.  Agreement has been reached to implement Approved Fillers on the following basis:

1. It is acknowledged that the filling of BA Cylinders has traditionally been work undertaken by certain firefighters as part of their normal duties.

2. Although the introduction of the requirement for BA Fillers to attain the status of an Approved Filler under the Compressed Gas Regulations will not alter the work that is undertaken, it does increase responsibility and require external certification to carry out this work.

3. In recognition of this external certification, a one-off payment of $70:00 (gross) will be paid when a firefighter satisfactorily completes the requirements to become an Approved Filler and is certified as such.  As this certification must be revalidated every five years, a further payment will be paid on re-certification.

4. When a firefighter accepts assessment as an Approved Filler, is certified as such, and receives the one-off payment, he/she can be required by the Fire Service to fill BA Cylinders whilst on duty.

5. This agreement will be documented in the Collective Employment Agreement negotiations in 2006 and applies only to personnel covered by the Collective Employment Agreement.

6. Firefighters who are approached by their Chief Fire Officer and agree to become Approved Fillers are to fully cooperate with the training and assessment necessary to become an Approved Filler.

7. Guidance will be provided from National Headquarters on the location and number of Approved Fillers to be assessed for the balance of this financial year.  It is acknowledged that there will be limitations on the number of Approved Fillers this year due to financial constraints.

8. The Fire Service will not require Approved Fillers to supervise unqualified personnel to fill BA Cylinders on a regular or planned basis.  Only an approved filler is authorised to complete the relevant documentation when filling cylinders.

9. Holding an Approved Filler certificate will not form any criteria for Station placement or for undertaking overtime in any particular location.

• Download Numbers of Approved Fillers on CEA (Excel File)
  Right click and select "Save Target As..." Click here for help!

Member Harassment

The Auckland Local has been made aware of harassment tactics being employed by various Chief Fire Officers and Deputy Chief Fire Officers, in relation to the Union’s stance that unapproved members must not fill cylinders because they are not legally allowed to as they would be subject to substantial penalties and because the Union is pursuing an allowance for said work.

Members in some districts are being singled out by their Chief Fire Officer and interviewed, asking them why they are refusing to undertake the training and assessment package for filling BA Cylinders.  The option to become qualified has always been voluntary.

Members are reminded that there are three issues here.

Firstly, it is illegal for uncertified members to fill BA Cylinders due to new legal requirements as laid out in the Compressed Gas Regulations.  To fill cylinders, you must be in possession of a certificate stating you are qualified to do so.

Secondly, the Union is pursuing an allowance on the basis that the rules have changed for BA Cylinder filling and therefore any talks, discussions or efforts to undermine this process may be seen as bargaining outside the Collective and may well have serious connotations for the Fire Service.

Thirdly, it is completely voluntary to undertake any sort of external qualification that members will not (according to M Hall) get any monetary recognition for.

Members are reminded that the Fire Service must obey their own policies regarding being a good employer and in particular, the section of harassment.

Therefore, if any member feels that they have been harassed by Management, in their efforts to subvert the Union’s claims for payment, they should contact a Local Union Official straight away.

In any event, this is a National Union issue and Fire Service Management is well aware of this and their tactics are reminiscent of past eras and policies that all members had thought were behind them.

Finally, members should, if asked to take part in these harassment-type interviews, at the very least demand that they have a Union Official present as a form of protection, or members should decline the instruction to attend any interviews, citing that Management are well aware of the Union’s stance and for the Chief Fire Officers to contact the Union in the first instance.

Members who require further information or clarification or who wish to have a Union Official present, should contact me in the first instance.

Ian Richards
Secretary
Ph. (027) 641 1704

BA Cylinder Filling

Members are advised that because the District CFO’s have washed their hands of organising alternative Cylinder filling arrangements the following has been organised by your Local to ensure the safe and effective operation of the Fire Service in Wellington.

For calls in Wellington and Hutt Fire Districts where cylinders are empty, Hutt BA Tender is to be responded and exchange empties with full cylinders. If there are only 2 cylinders that are empty, a judgement call should be made by OIC whether to call the BA Tender. I.e. could wait till next day.

Hutt Station will then take them to Dive and Ski 14 Waione Street, Petone the next day and get them filled and restow the BA Tender to a full compliment.

If there is a drastic shortage i.e. multiple calls using BA or a major incident, there are 24 hour contact details for Dive and Ski below. This is for unusual circumstances only. 

Members are advised that there are also steel cylinders available at Kilbirnie and Trentham training departments that can be utilised at fairly short notice. The BA tender could be utilised in these instances. I.e. major incidents.

The Local has obtained the air purity test results for Dive and Ski and they equal or better our compressor test results. This means there will be no adverse effects on the sets or cylinders.

BA Departments may need to arrange for Draeger NZ to undertake the 4-6 Annual tests that each BA Department usually completes each month. Either, the sets can be sent to Draeger NZ or a technician of theirs could complete on station.

Dive and Ski (Thommo)
14 Waione Street
Petone
04-568-5028
021-036-9996
a/h Home 04-566-9566

Member Harassment

Members are advised that harassment tactics are being employed by various managers in relation to the Union’s stance that unapproved members must not fill cylinders because they are not legally allowed to as they would be subject to substantial penalties and because the Union is pursuing an allowance for said work.

Members in some districts have been singled out by their CFO and interviewed asking them why they are refusing to undertake the training and assessment package for filling BA Cylinders. The option to become qualified has always been voluntary, this long standing custom and practice is reinforced by the e mail to all staff from DCFO Jackson 8^th September 2005 that clearly states “… Training is voluntary and will be offered to…”

The Union is taking a very dim view of these tactics. The Union believes that this decision affecting Wellington members was made on a telephone conference call this afternoon involving regional management and Wellington CFO’s. The Union will be seeking as a matter of urgency, minutes of this meeting pursuant to the official information act tomorrow.

Members are reminded that there are three issues at issue here.

Firstly, it is illegal for uncertified members to fill BA Cylinders due to new legal requirements as laid out in the Compressed Gas Regulations.

Secondly, the Union is pursuing an allowance on the basis that the rules have changed for BA Cylinder filling and therefore any talks, discussions or efforts to undermine this process may be seen as bargaining outside the collective and may well have serious connotations for the Fire Service.

Thirdly, it is completely voluntary to undertake any sort of external qualification that members will not (according to M Hall) get any monetary recognition for.

Members are reminded that the Fire Service must obey their own policies regarding being a good employer and in particular the section of Harassment.

Therefore, if any member feels that they have been harassed by management in their efforts to subvert the Union’s claims for payment, they should contact a Local Union official straight away.

In any event, this is a National Union issue and Fire Service management are well aware of this and their tactics are reminiscent of past eras and policies that all members had thought was behind them.

Finally, members should, if asked to take part in these harassment type interviews, should at the very least demand that they have a Union Official present as a form of protection.

Or members should decline the instruction to attend any interviews citing that management are well aware of the Union’s stance and for the CFO’s to contact the Union in the first instance.

Approved Fillers - B.A. Cylinders

As noted in previous newsletters, the Union had raised the issue of a qualification payment for the “Approved Filler” qualification.

The Union had also given a period of grace to the 14 October to allow negotiations to conclude.

Preliminary discussions, which appeared positive, had taken place last week with both the Directors of Operations & Training and Human Resources.

At our meeting of 30 September, Mike Hall completely rejected any suggestion of a qualification payment – essentially on his claimed grounds that nothing really had changed and why should he pay for something that was being done for free.

Mike Hall’s argument is obviously flawed.  The requirement to train and be assessed is itself a significant change.  As well, the consequences of not being trained and qualified are now very significant.

The situation from 1 October is very clear.  As well as the Fire Service being liable, any unqualified person who fills B.A. cylinders can be subject to significant financial penalties and also potentially a prison term.

The message from that is crystal clear – if you are not qualified, do not fill B.A. cylinders.

The Union has also noted Mike Hall’s e-mail where he purports to issue an instruction to all existing B.A. Fillers to require them to undergo the training and assessment process. 

The Union completely rejects this so-called instruction. Acting as a B.A. Filler prior to 1 October has always been voluntary. In fact, in Wellington for example, the first advice of the training and assessment programme explicitly stated that such training and assessment would be on a voluntary basis.

Nobody can be ordered to undertake an outside qualification, and an even more ludicrous suggestion is that somehow someone can be instructed to pass or successfully complete an assessment programme.

The Union’s position is again quite clear.  Until there is a qualification payment for this external qualification obtained, nobody should obtain the qualification.

Members need to clearly understand that the only possibility of obtaining this qualification payment is before such qualification is widespread.

The Union is also attempting to clarify who is actually qualified at present and who is qualified to undertake the training, do the assessments and then issue a qualification as an approved trainer.

Members will be aware of M Halls whole of country e mail Friday 30 September 2005.

The Union has not seen any form of dispensation from ERMA regarding the continuing of BA Cylinders filling by non certified fillers.

The Act is explicit and in our opinion, and in good conscience, we recommend to non certified members that they do not fill up cylinders for their own protection.||It is obvious that we are now operating under a new legal regime and therefore current practices must stop until new processes are in place. Clearly, non certified fillers are not legally able to fill cylinders.

The Union is astounded by M Halls instruction that all existing Fillers must undergo the training and assessment as required by the Compressed Gas Regulations. This essentially amounts to bullying in the workplace.

Given that we are operating under a new regime, and that BA Cylinder filling was voluntary it is incredible that M Hall can effectively order someone to complete the new, legal requirements for cylinder filling.

The Union is interested to know whether a members’ employment could be affected if they failed the assessment and therefore failed to pass and complete what is effectively a National Commanders Instruction.

It is of course disappointing although not surprising that he declined the Union in negotiating an allowance for BA Cylinder Fillers.

Members are reminded once again that participating in any training regime to meet the requirements of the new legal regulations, is completely voluntary and are encouraged not to be bullied by the National Commander.

The Union is in receipt of an e mail from a CFO (sent to the entire Hutt District), detailing where cylinders can be filled with 24 hour service.

Accordingly, cylinders should be sent to Dive and Ski, 14 Waione Street, Petone. Phone 568 5028.

From 1 October 2005, only an "approved filler" will be legally able to recharge BA cylinders.  This change arises from the Compressed Gas Regulations.  The regulations provide for a fine of up to $50,000 for an organisation that permits unapproved fillers to fill gas cylinders.

The Fire Service training programme has been discussed with ERMA.  The Fire Service is able to continue filling cylinders using our current practices, until our training of approved fillers has been completed. However, this must be down without any delay.

The process of becoming approved is very straightforward and only involves a short training session, a written assessment and the demonstration of a cylinder fill.  This requirement is entirely as a result of the new regulations.

Several Auckland based BA fillers have already completed their training and been approved under the regulations.  Plans are in place to complete the training and assessment of all other BA fillers.

The NZPFU have raised with me the matter of an alternative allowance to recognise the qualification.  There is no difference between how cylinder fillers will operate under the regulations and how they have operated for many years within the Fire Service.

The assessment to become an approved BA filler will not be difficult and the training required is minimal and will be undertaken on paid time.

I am not prepared to pay a separate allowance in these circumstances and, accordingly, all existing BA fillers are to undergo the training and assessment.  This is an instruction.

Regions are expected to urgently programme the training and assessment.

Mike Hall
Chief Executive/National Commander

Approved Fillers - B.A.

The Union has formally communicated its position to the Fire Service and sought urgent negotiations on the payment of an allowance for the obtaining of this outside certified qualification.

That position has been subject to some verbal clarification, but the Union awaits a formal response to our substantive claim.

Compressed Gas Regulation Changes

The Union understands that because of changes in the Compressed Gas Regulations of the HSNO Act, as from 1 October 2005 the only person able to re-charge B.A. Cylinders will need to be an ”Approved Filler”.

This will require undertaking a training and assessment procedure followed by certification.

The Union understands that in a few places this training has already taken place.  However, in most places, this is proposed over the next few weeks.

The training and assessment procedure requires:

• A 75 minute lesson presentation; and

• A 9 question closed book written assessment with all questions correct; and

• A practical assessment.

The Union has previously argued that outside qualifications required for a particular task to be undertaken ought to be recognized by a qualification payment e.g. Driving, Telarc, and the Union sees no reason why this should not be the case in regard to a qualified and approved filler.

At this time however, the Fire Service has assumed that members will voluntarily undertake the training and assessment procedure and then become a qualified filler.

There have been previous examples where members have trained and qualified in certain skills and then after the event, sought a qualification payment. The Fire Service response has been “we presently get these persons to do the particular task for free so why should we now pay for it?”

Consequently the Union has written to the Fire Service seeking to commence negotiations on an appropriate qualification payment. Until the outcome of such negotiations is known and an appropriate rate agreed, members who have not been trained, should not undertake the necessary training and assessment process.

From 1 October B.A. Cylinder Fillers will need to be trained, assessed and certified as Approved Fillers, and the Union expects that that qualification needs to be paid for.

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