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Promotional: Fire and Emergency Services Administration > Ch 10. Government Regulation, Laws, and the Courts > Flashcards

Ch 10. Government Regulation, Laws, and the Courts Flashcards

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1
Q

For the purposes of compliance with state OSHA regulations, volunteer firefighters are considered to be ____. (144)

A

agents or contractors

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2
Q

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)

A

1989

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3
Q

There are 2 factors influencing the government: (142)

A

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

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4
Q

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)

A

the knowledge, background, or education

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5
Q

A ____ may prevent a safety product or service from becoming available to the general public. (142)

A

market failure

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6
Q

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)

A

rules

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7
Q

Because of the heavy cost of infrastructure, the government grants a ____ to one provider and controls quality and price. (143)

A

monopoly

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8
Q

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)

A

implementing

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9
Q

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)

A

Federal Register

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10
Q

____ policy topics tend to attract the attention of strong advocacy groups who have political allegiances and commitments. (144)

A

Controversial

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11
Q

The primary advocate for the customer (citizen) is the ____. (144)

A

FES administrator

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12
Q

Chief administrative officials of a FES organization should represent the public in any discussion of policies that affect ____. (144)

A

service level and quality

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13
Q

Proposals that are support by ___ and backed by ____ are more likely to succeed. (144)

A

hard data; well-thought-out lines of reasoning

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14
Q

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)

A

federal and NFPA

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15
Q

The International Code Council’s (ICC’s) goal is to _____. (144)

A

produce one building code to be used throughout the United States.

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16
Q

Local government generally uses ____ to prevent noncompatible uses of buildings and land. (145)

A

zoning

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17
Q

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)

A

land-use zoning maps

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18
Q

A union contract acts just like a ____ and is binding on all parties. (145)

A

regulation

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19
Q

The main goals of a ____ are to maximize pay and benefits while ensuring the health and safety of their members. (146)

A

union

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20
Q

FES administrators often strive to improve services at ____. (146)

A

the lowest practical cost to the taxpayers

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21
Q

if a decision is not ____, the chief does not technically have to secure the union’s permission before implementation. (146)

A

a mandatory subject of bargaining

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22
Q

To facilitate change to existing services, the administrator should consider the following advice: __3__ (146)

A

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.

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23
Q

OSHA 29 CFR 1910.146 (147)

A

Permit-Required Confined Spaces

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24
Q

____ have the potential to trap a person and may have oxygen deficient atmosphere. (147)

A

Confined spaces

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25
Q

OSHA 29 CFR 1910.134 (147)

A

Respiratory protection

“2-in/2-out”

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26
Q

____ firefighters was the best number of firefighters for safe and effective fireground operations. (147)

A

4

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27
Q

OSHA 29 CFR 1910.1030 (147)

A

Occupational exposure to Bloodborne Pathogens

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28
Q

____ is the best defense against disease transmission in general. (147)

A

repeated hand washing

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29
Q

OSHA 29 CFR 1910.120 (147)

A

Hazardous Waste Operations and Emergency Response

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30
Q

For firefighters, the minimum (HAZMAT) competency is the ___ level and is usually incorporated in recruit firefighter training programs. (147)

A

operations

31
Q

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)

A

awareness

32
Q

OSHA 29 CFR 1910.156 (148)

A

Fire Brigades
adopted in 1980
Sometimes used in conjunction with the General Duty Clause

33
Q

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)

A

OSHA’s General Duty Clause

34
Q

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

a national consensus standard, such as NFPA 1500

35
Q

Chief officers should always keep in mind the General Duty Clause. At a minimum, departments should consider compliance with ____ for the FES agency. (148)

A

NFPA 1500

36
Q

NFPA was formed in 1896 by a group of insurance companies who met to address the ___. (148)

A

inconsistencies in the design and installation of fire sprinkler systems.

37
Q

The [NFPA] cites their mission as follows: “ to reduce the burden of fire on the quality of life by advocating __3__. (148)

A

1) scientifically based consensus codes and standards
2) research
3) education for fire and related safety issues

38
Q

NFPA 1500 (148)

A

Standard on Fire Department Occupational Safety and Health Program
first issued in 1987

39
Q

____ can be looked at as an umbrella document that adopts by reference many other NFPA standards. (148)

A

NFPA 1500

40
Q

One aspect of [NFPA 1500] that still has not been defined clearly is ____. (149)

A

physical fitness

41
Q

NFPA 1710

A

Standard for the Organization and Development of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments.

42
Q

NFPA 1710, which was adopted in 2001, requires minimum levels for __3__. (149)

A

1) response times
2) staffing
3) training

43
Q

with the exception of NFPA 1500, this standard will probably have more impact on FES than any other standard. (149)

A

NFPA 1710

44
Q

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)

A

the NFPA Professional Qualifications Standards

45
Q

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

a benchmark

46
Q

One of the main reasons why a four-member company works best is that ____. (149)

A

each firefighter is prepared to perform an assigned role

47
Q

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)

A

the call volume exceeds the point when the company can no longer provide a 4 minute response with 90% reliability

48
Q

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)

A

4 minutes (80 seconds for turnout); 8 minutes (80 seconds for turnout)

49
Q

In some jurisdictions with areas that are ____ or ___, the 4 minute response time [required by NFPA 1710] is not justified. (149)

A

undeveloped or that have low population densities

50
Q

[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)

A

90%

51
Q

The number of times that a company is busy when a second call comes in is in direct proportion to ___. (150)

A

call volume

52
Q

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)

A

2500

53
Q

____ and ___ can help solve, or exacerbate, the increasingly common problem of excessive responses. (150)

A

Departmental policies and SOPs

54
Q

NFPA is a planning document that can help ____ in fire protection and EMS. (150)

A

identify and quantify weaknesses

55
Q

In the 1960s, it seemed clear that ____ was an important determinant of survival from sudden injury and preventable deaths from highway trauma. (150)

A

the quality of prehospital care

56
Q

Federal funding for standardized training of ambulance attendants was provided through _____. (150)

A

the Highway Safety Act of 1966

57
Q

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)

A

the National Standard Curricula

58
Q

In 1970, the Highway Safety Bureau transformed into the ____, with the goal of reducing the number of vehicle crashes, injuries, and deaths. (150)

A

National Highway Traffic Safety Administration

59
Q

The chief officer should be wary of any attorney who___. (151)

A

wants to settle quickly and not take the issue to court

60
Q

Ensure that all the department’s policies treat all people ___. (151)

A

equally

61
Q

Demand that any legal advice be documented by ____. (151)

A

case histories from courts at the appeals level or higher.

62
Q

The better the FES administration understands the court system and the legal process, the bett able it will be to ____. (151)

A

protect the interests of its organization and the public it serves

63
Q

Federal and state courts have 3 separate level: (151)

A

1) district court
2) appellate court
3) Supreme Court

64
Q

Judges in the court systems interpret ____ to come to their decisions. (151)

A

existing laws and regulations

65
Q

If a decision made in a district court is ____, the case moves on to the appellate court. (151)

A

appealed

66
Q

The decision made in the appellate court becomes known as ____, and may be used by other judges in similar cases. (151)

A

precedent, or common law

67
Q

For the most part, lower appellate court decisions can set precedents only in ____. (151)

A

the district or state in which they are issued

68
Q

The ____, whose decisions are binding nationwide, has final authority. (151

A

US Supreme court

69
Q

If the Supreme Court refuses to hear a case, its refusal indicates that ____. (151)

A

it supports the lower court’s decision

70
Q

If the Supreme court makes a decision based on the US Constitution, this decision can be changed only by ____. (151)

A

changing the Constitution

71
Q

Adding to and Changing the Constitution is used only in rare cases because ____. (151)

A

it requires a three-quarter majority vote by Congress and US voters

72
Q

By developing and maintaining ____, chief officers can get ahead of any legal crises that may occur. (151)

A

a relationship with their lawyers

73
Q

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)

A

legislating from the bench

74
Q

Administrative ____ allows the public administrator to function as a lawmaker. (152)

A

rule making

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