Ch5 Company Officer

Question 0

The constitution of the U.S. and Canada each create a federal governmental structure consisting of three branches they are

Answer 0

– Legislative

– Executive

– Judicial

Question 1

The federal constitutions in both the U.S. and Canada are the basic________.

Answer 1

– Law of the land

Question 2

In general terms the_______branch creates laws in the______branch implements, administers, and enforces them. The_____branch interprets the laws.

Answer 2

• Legislative
• Executive
• Judicial

Question 3

______ Laws are the result of legislative action such as those laws passed by the U.S. Congress, Canadian Parliament, state or provincial legislatures, or local entities.

Answer 3

– Statutory

Question 4

______ Law is that body of law that is bound on tradition, custom, usage, and decisions of the judicial courts within a particular country, society, or culture.

Answer 4

– Common

Question 5

Within the limits of statutory laws that created them, federal, state/provincial, and local government agencies such as U.S. Occupational Safety and Health Administration, U.S. Environmental Protection Agency, State fire Marshall’s office and local code enforcement department are empowered to create and enforce rules and regulations to implement the legislation for which they are responsible. These rules and regulations, known as_____ laws, have the force of law.

Answer 5

– Administrative

Question 6

Laws are divided into seven classifications.

Answer 6

– Substantive

– Procedural

– Common

– Statutory

– Administrative

– Criminal

– Civil

Question 7

Deals with actual issues by establishing principles, defining duties and obligations, and creating and defining the limitations of rights within a society.

Answer 7

– Substantive

Question 8

Defines the judiciary rules or mechanisms used to enforce substantive laws. They are established by legislative action and constitutions.

Answer 8

– Procedural

Question 9

Bases laws in the U.S., Canada and many other former British colonies on English common law, which was spread throughout the world by British colanders.

Answer 9

• Common

Question 10

Pertains to Laws enacted by legislative bodies of government.

Answer 10

– Statutory

Question 11

Pertains to Laws created by government agencies and used to enforce and implement statutory law.

Answer 11

– Administrative

Question 12

Protect society as a whole from wrongful actions.

Answer 12

– Criminal

Question 13

Defines relationships between individual or groups and helps to resolve disputes between parties.

Answer 13

– Civil

Question 14

______Law deals with the right and responsibilities of individuals towards society. And_____law deals primary with private rights and responsibilities.

Answer 14

Criminal

Civil

Question 15

When a criminal act applies to public servants, it is called_______. It is generally used in connection with public officials who embezzle public funds, except bribes, or breaks laws in connection with their duties.

Answer 15

– Malfeasance

Question 16

Most civil actions against fire and emergency services organizations are related to______liability. A ______is a civil wrong or injury.

Answer 16

– Tort

Question 17

_____And______is the major issue in most tort liability cases.

Answer 17

Negligence

Breach of a legal duty

Question 18

There are two ways in which one can be judged negligent. Wrongful performance (______) or the omission of performance when some act should have been performed and was not (______).

Answer 18

Misfeasance

Nonfeasance

Question 19

______ Occurs when an individual has the knowledge, ability, and legal authority to act but performs incorrectly.

Answer 19

– Misfeasance

Question 20

______ Would occur if a company officer failed to order the overhaul of a structure even though all indications suggested that A reignition was possible.

Answer 20

• NonFeasance

Question 21

The major health and safety laws in the U.S. are administrative laws created by______. The major environmental laws are those of ______.

Answer 21

OSHA

EPA

Question 22

The major laws involving employment rights are those in

___1___, ___2___, ___3___, ___4___.

Answer 22

1. Title VII of the civil rights act of 1964,
2. The EEOC,
3. The Americans with disability act,
4. The fair labor standards act

Question 23

As mentioned earlier, OSHA regulations for which company officers are responsible are contained in title___of the CFR. Title ___contains regulations that are designed to protect the safety and health of all workers including firefighters and emergency responders.

Answer 23

• 29

Question 24

Along with NFPA 1500, standard on the fire department Occupational Safety and Health Administration this is the basic for the _________ for interior fire attack and has wide application too many fire department activities.

Answer 24

– Two-in/Two-out rule

Question 25

The civil rights act of 1964 was the most comprehensive legislation of its type in U.S. history. From a public employment perspective, one of the most important parts of title VII, which eliminates discrimination on the basis of __1___, ___2__, __3___, __4___, __5___.

Answer 25

1. Race
2. Color
3. National origin
4. Religion
5. Sex

Question 26

In 1967, the category of _____was added to the list, and in 1978, _____was added.

Answer 26

Age (40 to 70)

Pregnancy

Question 27

Title VII presidential executive orders, and court decisions based on the act, combined to place the following two (2) obligations on employers.

Answer 27

– Do not discriminate

– Eliminate the present effects of past discrimination.

Question 28

Historically there have been four (4) primary areas of employment discrimination.

Answer 28

1. Disparate treatment
2. Adverse impact
3. Sexual-harassment
4. Reasonable accommodation

Question 29

_____ Simply means treating an applicant or employee differently than those of another race, gender, religion, etc.

Answer 29

– Disparate treatment

Question 30

This type of discrimination occurs when an employer uses a test or other screening device that initially is not intended to discriminate but adversely affects members of one of the protected classes more than other applicants or employee’s.

Answer 30

– Adverse impact

Question 31

At the state and local levels, 15 states and more than 124 municipalities prohibit discrimination based on ______.

Answer 31

– Sexual orientation

Question 32

Under EEOC regulations employers are required to do what ever is reasonable to accommodate their employees differences. Among the differences that must be accommodated, if reasonably possible are the following.

Answer 32

– Religious differences

– Gender-based differences

– Differences based on permanent physical or mental impairment.

Question 33

The ADA of 1990 along with the Canadian charter of rights and freedoms, are intended to reduce or eliminate discrimination based on ______or ______disabilities.

Answer 33

Physical or mental disabilities

Question 34

However the ADA does not apply to all businesses and groups. _____, ______, ________ Are exempt.

Answer 34

Federal government

American tribes, private clubs.

Question 35

Employment regulations only apply to organizations with ______or more full-time employees.

Answer 35

15

Question 36

The FLSA of 1938 guaranteed that workers and the private sector would be paid overtime at a time of one half-time salary rate if they worked more than 40 hours in one week. However FLSA did not apply to State and local public employees until a decision by the U.S. Supreme Court in ______.

Answer 36

1985

Question 37

The FLSA work week was set at_____hours for police and ______hours for firefighters.

Answer 37

43 hours police

53 hours firefighter