Ch 10. Government Regulation, Laws, and the Courts Flashcards
For the purposes of compliance with state OSHA regulations, volunteer firefighters are considered to be ____. (144)
agents or contractors
The Hazardous Waste Operations and Emergency Response regulation is based on a 1986 draft of NFPA 472. It is generally a good idea to base training and certification on the latest edition of NFPA standards rather than OSHA regulations. This is because OSHA has not updated its hazardous materials regulation since ____. (147)
1989
There are 2 factors influencing the government: (142)
1) the role of government to protect its citizens
2) the concern over a failure in the market preventing a public good or service from becoming available or widely used
It is the role of government to protect the consumer (citizens) in cases where it can be demonstrated that the consumer lacks ____ to make a conscious judgement of the safety, competency, or adequacy of the service or product. (142)
the knowledge, background, or education
A ____ may prevent a safety product or service from becoming available to the general public. (142)
market failure
Regulations that make safety equipment a requirement must be paired with ____ that require its use and provide some type of disciplinary action for noncompliance. (143)
rules
Because of the heavy cost of infrastructure, the government grants a ____ to one provider and controls quality and price. (143)
monopoly
At the federal level of government, Congress passes laws and the president approves them; however Congress generally does not include specific guidance for ____ regulatory legislation. (143)
implementing
The review process begins with the federal agency publishing notice of their proposed rule in the ____, which can be thought of as the “government’s legal newspaper.” (143)
Federal Register
____ policy topics tend to attract the attention of strong advocacy groups who have political allegiances and commitments. (144)
Controversial
The primary advocate for the customer (citizen) is the ____. (144)
FES administrator
Chief administrative officials of a FES organization should represent the public in any discussion of policies that affect ____. (144)
service level and quality
Proposals that are support by ___ and backed by ____ are more likely to succeed. (144)
hard data; well-thought-out lines of reasoning
Many departments in non(OSHA)participating states use the ____ safety standards, with the understanding that they are providing a safe working environment for their members and reducing the chance of liability. (144)
federal and NFPA
The International Code Council’s (ICC’s) goal is to _____. (144)
produce one building code to be used throughout the United States.
Local government generally uses ____ to prevent noncompatible uses of buildings and land. (145)
zoning
Local government might also control the type of development that can occur in each geographic area by using ____, which are maps approved by the local zoning authority that visually identify different use areas. (145)
land-use zoning maps
A union contract acts just like a ____ and is binding on all parties. (145)
regulation
The main goals of a ____ are to maximize pay and benefits while ensuring the health and safety of their members. (146)
union
FES administrators often strive to improve services at ____. (146)
the lowest practical cost to the taxpayers
if a decision is not ____, the chief does not technically have to secure the union’s permission before implementation. (146)
a mandatory subject of bargaining
To facilitate change to existing services, the administrator should consider the following advice: __3__ (146)
1) Determine which decisions and policies are required by law or ordinance to be negotiated with the unions
2) Delegate policies that do not require negotiations to a nonbinding task group made up of representatives from all interested parties
3) Understand the language in the existing labor contract, especially the concept of past practice.
OSHA 29 CFR 1910.146 (147)
Permit-Required Confined Spaces
____ have the potential to trap a person and may have oxygen deficient atmosphere. (147)
Confined spaces
OSHA 29 CFR 1910.134 (147)
Respiratory protection
“2-in/2-out”
____ firefighters was the best number of firefighters for safe and effective fireground operations. (147)
4
OSHA 29 CFR 1910.1030 (147)
Occupational exposure to Bloodborne Pathogens
____ is the best defense against disease transmission in general. (147)
repeated hand washing
OSHA 29 CFR 1910.120 (147)
Hazardous Waste Operations and Emergency Response
For firefighters, the minimum (HAZMAT) competency is the ___ level and is usually incorporated in recruit firefighter training programs. (147)
operations
First responders, such as police officers and EMS support staff, who need to protect themselves but do not take emergency action during a hazmat incident are required to meet the ____ level, which is the lowest level of training and competency. (147)
awareness
OSHA 29 CFR 1910.156 (148)
Fire Brigades
adopted in 1980
Sometimes used in conjunction with the General Duty Clause
This clause requires each employer to furnish a place of employment that is safe from hazards that are likely to cause injury, sickness, or death. (148)
OSHA’s General Duty Clause
OSHA and court precedent have shown that in the absence of specific or up-to-date OSHA regulations, ____ can be used to assess compliance {with OSHA’s General Duty Clause] (148)
a national consensus standard, such as NFPA 1500
Chief officers should always keep in mind the General Duty Clause. At a minimum, departments should consider compliance with ____ for the FES agency. (148)
NFPA 1500
NFPA was formed in 1896 by a group of insurance companies who met to address the ___. (148)
inconsistencies in the design and installation of fire sprinkler systems.
The [NFPA] cites their mission as follows: “ to reduce the burden of fire on the quality of life by advocating __3__. (148)
1) scientifically based consensus codes and standards
2) research
3) education for fire and related safety issues
NFPA 1500 (148)
Standard on Fire Department Occupational Safety and Health Program
first issued in 1987
____ can be looked at as an umbrella document that adopts by reference many other NFPA standards. (148)
NFPA 1500
One aspect of [NFPA 1500] that still has not been defined clearly is ____. (149)
physical fitness
NFPA 1710
Standard for the Organization and Development of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments.
NFPA 1710, which was adopted in 2001, requires minimum levels for __3__. (149)
1) response times
2) staffing
3) training
with the exception of NFPA 1500, this standard will probably have more impact on FES than any other standard. (149)
NFPA 1710
The key [to complying with NFPA 1710] is that the firefighters and officer of the company have to be on-duty and trained to minimum levels of competency in accordance with ____. (149)
the NFPA Professional Qualifications Standards
Even if a department’s liability exposure is limited, it is still a good idea to use the NFPA [1710] standard as ____ for planning for public fire protection in a community. (149)
a benchmark
One of the main reasons why a four-member company works best is that ____. (149)
each firefighter is prepared to perform an assigned role
The method of staffing that a company would assign 4 firefighters, 2 of which being paramedics, operating an engine and an EMS transport vehicle works well until ____, which are the requirements of the NFPA 1710 standard. (149)
the call volume exceeds the point when the company can no longer provide a 4 minute response with 90% reliability
The NFPA 1710 response time requirements for a structural fire state that the first due engine must arrive within _____ or the full first alarm assignment must be made within ____. (149)
4 minutes (80 seconds for turnout); 8 minutes (80 seconds for turnout)
In some jurisdictions with areas that are ____ or ___, the 4 minute response time [required by NFPA 1710] is not justified. (149)
undeveloped or that have low population densities
[NFPA 1710 states that] response time performance should be measured at the ____ level (i.e., ___ of responses are made in less than or at the maximum time). (149)
90%
The number of times that a company is busy when a second call comes in is in direct proportion to ___. (150)
call volume
The Insurance Service Office Municipal Fire Grading Schedule once contained the requirement that a second company would be needed if more than ____ calls were responded to annually. (150)
2500
____ and ___ can help solve, or exacerbate, the increasingly common problem of excessive responses. (150)
Departmental policies and SOPs
NFPA is a planning document that can help ____ in fire protection and EMS. (150)
identify and quantify weaknesses
In the 1960s, it seemed clear that ____ was an important determinant of survival from sudden injury and preventable deaths from highway trauma. (150)
the quality of prehospital care
Federal funding for standardized training of ambulance attendants was provided through _____. (150)
the Highway Safety Act of 1966
In 1969 the Highway Safety Bureau came into existence, funding the development of ____, which set the precedent for the way EMS education would be standardized for the next 40 years. (150)
the National Standard Curricula
In 1970, the Highway Safety Bureau transformed into the ____, with the goal of reducing the number of vehicle crashes, injuries, and deaths. (150)
National Highway Traffic Safety Administration
The chief officer should be wary of any attorney who___. (151)
wants to settle quickly and not take the issue to court
Ensure that all the department’s policies treat all people ___. (151)
equally
Demand that any legal advice be documented by ____. (151)
case histories from courts at the appeals level or higher.
The better the FES administration understands the court system and the legal process, the bett able it will be to ____. (151)
protect the interests of its organization and the public it serves
Federal and state courts have 3 separate level: (151)
1) district court
2) appellate court
3) Supreme Court
Judges in the court systems interpret ____ to come to their decisions. (151)
existing laws and regulations
If a decision made in a district court is ____, the case moves on to the appellate court. (151)
appealed
The decision made in the appellate court becomes known as ____, and may be used by other judges in similar cases. (151)
precedent, or common law
For the most part, lower appellate court decisions can set precedents only in ____. (151)
the district or state in which they are issued
The ____, whose decisions are binding nationwide, has final authority. (151
US Supreme court
If the Supreme Court refuses to hear a case, its refusal indicates that ____. (151)
it supports the lower court’s decision
If the Supreme court makes a decision based on the US Constitution, this decision can be changed only by ____. (151)
changing the Constitution
Adding to and Changing the Constitution is used only in rare cases because ____. (151)
it requires a three-quarter majority vote by Congress and US voters
By developing and maintaining ____, chief officers can get ahead of any legal crises that may occur. (151)
a relationship with their lawyers
When a judge makes a decision based on his or her personal beliefs about the law or the specific circumstances, this is known as ____. (152)
legislating from the bench
Administrative ____ allows the public administrator to function as a lawmaker. (152)
rule making
