Visual 2.1 NATIONAL FIRE ACADEMY TRAINING OPERATIONS IN SMALL DEPARTMENTS UNIT 2: LEGAL ISSUES

Visual 2.Visual 2.11

NATIONAL FIRE ACADEMYNATIONAL FIRE ACADEMY

TRAINING OPERATIONS IN TRAINING OPERATIONS IN SMALL DEPARTMENTSSMALL DEPARTMENTS

UNIT 2:UNIT 2:LEGAL ISSUESLEGAL ISSUES


GOALSGOALS

• To identify legal issues affecting the To identify legal issues affecting the Training Function.Training Function.

• To develop a training To develop a training documentation plan that assures documentation plan that assures compliance with legal, liability, and compliance with legal, liability, and certification documentation certification documentation requirements.requirements.


TERMINAL OBJECTIVESTERMINAL OBJECTIVES

The students will be able to:The students will be able to:

• Analyze the degree of compliance in Analyze the degree of compliance in their own departments with respect to their own departments with respect to legislation and Federal regulations.legislation and Federal regulations.

• Design a training documentation Design a training documentation management plan suitable for use in management plan suitable for use in their own departments.their own departments.


LEGAL ISSUES IN LEGAL ISSUES IN TRAININGTRAINING

Minimizing legal liability:Minimizing legal liability:

• Do the right thingDo the right thing

• Have documentation to prove itHave documentation to prove it

• Meet moral obligationsMeet moral obligations


ETHICS FOR THE TRAINING ETHICS FOR THE TRAINING FUNCTIONFUNCTION

• ChallengingChallenging

• Public valuesPublic values

• SupportSupport

• Individual personal standardsIndividual personal standards


ETHICS FOR ETHICS FOR ORGANIZATIONSORGANIZATIONS

The five basic principles of ethics for organizations:The five basic principles of ethics for organizations:• Purpose Purpose • PridePride• PatiencePatience• PersistencePersistence• PerspectivePerspective

(Blanchard and Peale, (Blanchard and Peale, The Power of EthicalThe Power of EthicalManagement)Management)


EFFECTIVE LEADERS EFFECTIVE LEADERS MUSTMUST

• Recognize that the fire service has a Recognize that the fire service has a special public trustspecial public trust

• Set the tone for ethical and legal Set the tone for ethical and legal decisionsdecisions

• Model the expected behaviorModel the expected behavior

• Lead through the minefieldsLead through the minefields


PROVIDING LEADERSHIP FOR PROVIDING LEADERSHIP FOR ETHICAL BEHAVIORETHICAL BEHAVIOR

• Use self-education resources.Use self-education resources.• Read professional journals.Read professional journals.• Take classes on ethical issues.Take classes on ethical issues.• Develop a code for the Training Function.Develop a code for the Training Function.• Reward employees for telling the truth.Reward employees for telling the truth.• Produce accurate and timely records.Produce accurate and timely records.• Accept responsibility for communicating Accept responsibility for communicating

information that may be uncomfortable to the information that may be uncomfortable to the recipient.recipient.


LEGISLATION RELATED LEGISLATION RELATED TO PERSONNEL TO PERSONNEL MANAGEMENTMANAGEMENT


DISCRIMINATIONDISCRIMINATION

People or groups of people treated People or groups of people treated differently because of some differently because of some characteristic (e.g., age, race, sex, characteristic (e.g., age, race, sex, religion, marital status, national religion, marital status, national origin).origin).


DISCRIMINATION ISSUESDISCRIMINATION ISSUES

• Race or national originRace or national origin

• Maternity and family medical leaveMaternity and family medical leave

• AgeAge

• ReligionReligion

• DisabilityDisability


HEALTH AND SAFETYHEALTH AND SAFETY

• Responsibility for compliance rests Responsibility for compliance rests with employers.with employers.

• Occupational Safety and Health Act Occupational Safety and Health Act (OSHA).(OSHA).


OTHER LEGISLATIONOTHER LEGISLATION

• Access to personnel filesAccess to personnel files

• Drug and alcohol testingDrug and alcohol testing

• Copyright/PlagiarismCopyright/Plagiarism


FEDERAL REGULATIONSFEDERAL REGULATIONS

• Train all personnel to the minimum level Train all personnel to the minimum level of competency required by applicable of competency required by applicable regulations.regulations.

– Your Standard Operating Procedures Your Standard Operating Procedures (SOP's) form the basis for training(SOP's) form the basis for training

• Fire departments must deliver and Fire departments must deliver and certify adequate and timely training certify adequate and timely training based on applicable standards.based on applicable standards.


FEDERAL REGULATIONS FEDERAL REGULATIONS (cont'd)(cont'd)

• Departments can be cited for lack of Departments can be cited for lack of training, documentation, or training, documentation, or compliance.compliance.

• If your agency adopts a standard, it If your agency adopts a standard, it can be enforced.can be enforced.


FEDERAL REGULATIONS FEDERAL REGULATIONS (cont'd)(cont'd)

• Develop a compliance plan that Develop a compliance plan that deals with your department's deals with your department's greatest needsgreatest needs

• Have a realistic view of your Have a realistic view of your department's capabilitiesdepartment's capabilities


SAFETYSAFETY

• Train to minimum competency Train to minimum competency using safe practices.using safe practices.

• Trainer liability--failure to do so.Trainer liability--failure to do so.


OSHA REGULATIONSOSHA REGULATIONS

• Protect employees from accidental Protect employees from accidental injury or harm.injury or harm.

• Not "nice to do"; they must be Not "nice to do"; they must be enforced.enforced.

• If you violate OSHA regulations, If you violate OSHA regulations, legal action can be taken.legal action can be taken.


NON-OSHA STATESNON-OSHA STATES

• Know your respective State Know your respective State regulations.regulations.

• Follow these regulations.Follow these regulations.

• Become familiar with EPA 311.Become familiar with EPA 311.


NATIONAL FIRE PROTECTION NATIONAL FIRE PROTECTION ASSOCIATION STANDARDS THAT ASSOCIATION STANDARDS THAT

AFFECT TRAININGAFFECT TRAINING

Although not mandated unless adopted by Although not mandated unless adopted by the Authority Having Jurisdiction (AHJ), the Authority Having Jurisdiction (AHJ), regulatory agencies are beginning to regulatory agencies are beginning to require compliance.require compliance.


VIDEOVIDEO

"Standards and Their Influence "Standards and Their Influence on Safety and Health"on Safety and Health"


LIABILITYLIABILITY

Liability results from a Liability results from a failure of duty.failure of duty.


VICARIOUS LIABILITYVICARIOUS LIABILITY

Employers are responsible Employers are responsible for actions of their for actions of their

employees.employees.


NEGLIGENCENEGLIGENCE

Failure to do something that a Failure to do something that a reasonable and prudent person would reasonable and prudent person would do, or doing something that a do, or doing something that a reasonable and prudent person would reasonable and prudent person would not do.not do.


ELEMENTS OF ELEMENTS OF NEGLIGENCENEGLIGENCE

• Duty--owed or assumedDuty--owed or assumed

• Breach of that dutyBreach of that duty

• CausationCausation

• DamageDamage


DEFENSE AGAINST DEFENSE AGAINST LIABILITYLIABILITY

Perform your duties within Perform your duties within reasonable guidelines or reasonable guidelines or established standards, and established standards, and document what you did.document what you did.


TRAINING LIABILITY TRAINING LIABILITY ISSUESISSUES

• Method of instructionMethod of instruction

• Compromise safety for realistic Compromise safety for realistic trainingtraining

• Liability defensesLiability defenses

• Responsibility for injuriesResponsibility for injuries


DOCUMENTATIONDOCUMENTATION


REASONS FOR REASONS FOR DOCUMENTATIONDOCUMENTATION

• Satisfy legal requirements.Satisfy legal requirements.

• Reduce liability exposure.Reduce liability exposure.

• Verify certification.Verify certification.

• Justify additional resources.Justify additional resources.


REASONS FOR REASONS FOR DOCUMENTATION (cont'd)DOCUMENTATION (cont'd)

• Verify type and amount of training.Verify type and amount of training.

• Verify when and where training Verify when and where training occurred.occurred.

• Verify conditions of training.Verify conditions of training.

• Verify outcome of training.Verify outcome of training.


DOCUMENTATION DOCUMENTATION ATTRIBUTESATTRIBUTES

• CompleteComplete

• PertinentPertinent

• AccurateAccurate

• TimelyTimely

• NeatNeat


Activity 2.1Activity 2.1

Using Documentation and Using Documentation and RecordsRecords


SUMMARYSUMMARY• Legislation and governmental regulations Legislation and governmental regulations

increase exposure to liability.increase exposure to liability.

• Performing training within standards reduces Performing training within standards reduces this exposure.this exposure.

• Documentation reduces exposure by proving Documentation reduces exposure by proving what happened.what happened.

• Documentation can be used in a needs Documentation can be used in a needs assessment for training in the fire assessment for training in the fire department.department.

Documents

Visual 2.1 NATIONAL FIRE ACADEMY TRAINING OPERATIONS IN SMALL DEPARTMENTS UNIT 2: LEGAL ISSUES