A SHOCKING draft report into the circumstances of the death of a firefighter in Pembrokeshire in 2019 is firmly pointing the finger at senior management, despite two firefighters being dismissed before the conclusion of the criminal investigation.

Multiple members of Mid and West Wales Fire and Rescue Service (MAWWFRS), The Fire Brigade Union and The Fire Authority have contacted this newspaper expressing disgust and grave concerns that action has not been taken to rectify systemic failings which could ‘lead to another death in the future.’

The Herald has been investigating this matter for months, and our team has met with many sources alleging that MAWWFRS are trying to ‘brush their failings under the carpet’ to avoid accountability for their part in the death of Milford Haven Firefighter Josh Gardener. He died in a boat training exercise aged just 35-years-old, on September 17, 2019.

A hard-hitting report published by the Marine Accident Investigation Branch (MAIB) in February 2021, into the circumstances surrounding the death which was labelled ‘avoidable’ blamed “systemic, organisational and procedural failings”.

The MAIB criticised the senior management at Mid and West Wales Fire and Rescue Service, specifically highlighting Mid and West Wales Fire and Rescue Service documentation and procedures for boat operations were out of date, unclear and presented confusing safety messages to the reader.

At the time of the report, the Fire Brigade Union issued a statement on the findings. In that statement they said: “The issues identified in this report must be addressed and individual firefighters must not be blamed for systemic, organisational, and procedural failing.”

Milford Haven County Councillor, Stephen Joseph, who also sits on the Fire Authority said: “A number of firefighters past and present have raised their concerns with me over this investigation and the failings of the Fire Authority management.

Cllr Joseph who has the fire station in his ward added: “I am becoming increasingly concerned about what I am hearing and reading.

“I haven’t had the opportunity to read the complete draft FBU report however, I have been quoted sections which are quite damning.

“I am very proud to be a serving member of the Fire Authority Panel and their Health & Safety Champion. I will be demanding that the report is brought into the public domain and that those responsible for any mistakes made are held accountable, whatever position they hold.

“Josh Gardener was a friend of mine and I am unhappy about the time it is taking for things to come into the light.

“It upsets me greatly if this coming into the press again is upsetting for Josh’s family, but I feel strongly that we owe it to Josh, his family and other serving firefighters to have the incident fully and correctly investigated and for justice to be brought.”

A former senior Fire Brigade Union representative added his thoughts on the report, he said: “Having had experience of how it is run, I would agree with the findings – it highlights the common traits exhibited by the service.”

Our sources all tell of a fear about speaking out and highlighting safety concerns. The Herald asked him what members of the service should do to highlight them, he said: “An atmosphere that exists within the service has been cultivated out of fear and intimidation.

“The Fire Brigade Union is always a good place to start to raise concerns”

He added: “A life has been lost, the service is so divorced from the top to the bottom, to those up top this is not the loss of life of one of their own like it is for those on the front line.”

SCAPEGOATS FOR MANAGEMENT FAILIURE

The fire service has terminated the employment of two Milford Haven firefighters because of Josh’s death, yet, no senior management have been held accountable. Allegations that the firefighters have been made scapegoats for failing at the top level have been made.

It is alleged that the two firefighters’ employment was terminated based on their behaviour on the day in question, but why has no one senior been held accountable for their part in the now obvious health and safety failings – which included serious breaches such as not issuing the trainees with helmets.

The Herald asked the service if they think that the sacking of two firefighters was justified based on the findings of the report, and if individual firefighters can be held accountable for their actions, why has the same not been applied to senior members of management. They have refused to comment on that point. A MAWWFRS spokesperson said only: “As investigations by external bodies remain ongoing and a date for a full inquest by the HM Coroner for Pembrokeshire has yet to be set, it would be inappropriate for us to comment further at this time”.

Multiple sources have told this newspaper that members of the service, The Fire Authority and The Fire Brigade Union have brought up the findings in the reports regularly and asked about justice for Josh in senior management meetings. The answer is: “the investigation is ongoing” and “stop asking questions!”.

Serving firefighters have told this newspaper that they will not stop asking questions and will continue to voice their concerns until justice for Josh has been served, and clear lessons have been learnt so no more lives are lost.

THEY KNEW CREWS WEREN’T COMPETENT

Since the MAIB report was published, the Herald has been given possession of a document which shows that concerns were raised by the crew at Milford Haven about their abilities to operate the ribs, just six weeks prior to Josh’s death.

In a form, presented to the Assistant Chief Fire Officer at the time, Iwan Cray, on August 7, 2019, it says: “Skill sets have eroded with regards to the large rib. Are we likely to be upskilled to be able to perform our duties within our risk area, at present we can’t?”

As per the service’s safety protocol, if crews are not competent to use any apparatus, or their qualifications are out of date, then it is pulled out of circulation until competency is regained. We asked the service, why wasn’t the rib taken off service until crews training were back to the standard that was required to operate them safely. No reply was given.

The foreknowledge of the lack of competency was mentioned within the draft report. It says: “Another example of an apparent dichotomy arises with a different ACO, who, six weeks before Josh died, was formally notified of the lack of competence in boat crew in Milford Haven.”

It added: “However, despite the extensive ignorance, MAWWFRS knew that crews were not competent.”

INTERNAL INVESTIGATION

An internal investigation was launched by MAWWFRS following Josh’s death, however the officer in charge of the investigation was the same officer who the concerns were raised to about the shortcomings in the crew’s ability to operate the ribs. In another blow to the credibility of the internal investigation, our sources have confirmed that the same principal officer is also the Head of Health & Safety for the service.

The Herald has asked the fire service, based on the conflict of interest that the documents highlight, if they felt that the appropriate person was appointed to conduct said investigation. No comment from the fire service on this point either.

The draft report refers to this claim, it says: “He then became the corporate lead on the investigation into Josh’s death but perplexingly no mention was made of this ACO’s foreknowledge of the lack of competence of boat crews.”

HEALTH & SAFETY FAILURES

The Herald has been presented with significant amounts of material, which suggests that the service is dragging its heels in dealing with Josh Gardener’s death.

Between two reports, one by the MAIB and the draft report leaked to this newspaper we can now publish that the main failures which lead to Josh’s death are:

• No risk assessments carried out
• The operation of the boats did not adhere to the requirements of the local standard operating procedures
• No-one was in overall charge of the training and familiarisation activities, so they were not properly managed, briefed or communicated between the crews of both boats
• No ppe given so nobody was wearing helmets on the rib
• Rescue 1 (the big rib) did not have the correct number of members on board to meet the minimum occupancy required to operate it
• The standard operating procedures for all fire and rescue service boats in the Mid and West Wales Fire and Rescue Service were insufficient in content and contained incorrect information
• Hand held radio were issued without checks
• No lookouts were in place 
• The Fire and Rescue Services in the United Kingdom did not operate boats to a common standard or code of practice when not employed on flood rescue duties
• Instructors qualifications were years out of date

CRIMINAL INVESTIGATION

The criminal investigation into the death of Josh involved multiple agencies under the Work Related Death Protocol, which has been run by Dyfed-Powys Police, MAIB, The HSE and The Maritime and Coastguard Agency.

The MAIB released a report into their findings into the death of Josh in February 2020.

Dyfed-Powys Police confirmed their involvement in the criminal investigation concluded at the end of February and their findings have been reported to The Health & Safety Executive and the Maritime & Coastguard Agency.

A Police spokesperson said: “Our investigation has concluded and been passed on to the Health and Safety Executive and Maritime and Coastguard Authority.”

A HSE spokesperson said: “Following the conclusion of Dyfed-Powys Police’s investigation, primacy for the continuing criminal investigation under the Work Related Death Protocol is joint between the Health and Safety Executive and the Maritime and Coastguard Agency.  The investigation is continuing.”

An MCA spokesperson said: “A joint investigation by the Maritime and Coastguard Agency and the Health and Safety Executive is currently ongoing. It would be inappropriate to comment at this time.”