Ch5 Company Officer Flashcards
The constitution of the U.S. and Canada each create a federal governmental structure consisting of three branches they are
– Legislative
– Executive
– Judicial
The federal constitutions in both the U.S. and Canada are the basic________.
– Law of the land
In general terms the_______branch creates laws in the______branch implements, administers, and enforces them. The_____branch interprets the laws.
- Legislative
- Executive
- Judicial
______ 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.
– Statutory
______ 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.
– Common
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.
– Administrative
Laws are divided into seven classifications.
– Substantive
– Procedural
– Common
– Statutory
– Administrative
– Criminal
– Civil
Deals with actual issues by establishing principles, defining duties and obligations, and creating and defining the limitations of rights within a society.
– Substantive
Defines the judiciary rules or mechanisms used to enforce substantive laws. They are established by legislative action and constitutions.
– Procedural
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.
- Common
Pertains to Laws enacted by legislative bodies of government.
– Statutory
Pertains to Laws created by government agencies and used to enforce and implement statutory law.
– Administrative
Protect society as a whole from wrongful actions.
– Criminal
Defines relationships between individual or groups and helps to resolve disputes between parties.
– Civil
______Law deals with the right and responsibilities of individuals towards society. And_____law deals primary with private rights and responsibilities.
Criminal
Civil
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.
– Malfeasance
Most civil actions against fire and emergency services organizations are related to______liability. A ______is a civil wrong or injury.
– Tort
_____And______is the major issue in most tort liability cases.
Negligence
Breach of a legal duty
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 (______).
Misfeasance
Nonfeasance
______ Occurs when an individual has the knowledge, ability, and legal authority to act but performs incorrectly.
– Misfeasance
______ Would occur if a company officer failed to order the overhaul of a structure even though all indications suggested that A reignition was possible.
- NonFeasance
The major health and safety laws in the U.S. are administrative laws created by______. The major environmental laws are those of ______.
OSHA
EPA
The major laws involving employment rights are those in
___1___, ___2___, ___3___, ___4___.
- Title VII of the civil rights act of 1964,
- The EEOC,
- The Americans with disability act,
- The fair labor standards act
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.
- 29
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.
– Two-in/Two-out rule
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___.
- Race
- Color
- National origin
- Religion
- Sex
In 1967, the category of _____was added to the list, and in 1978, _____was added.
Age (40 to 70)
Pregnancy
Title VII presidential executive orders, and court decisions based on the act, combined to place the following two (2) obligations on employers.
– Do not discriminate
– Eliminate the present effects of past discrimination.
Historically there have been four (4) primary areas of employment discrimination.
- Disparate treatment
- Adverse impact
- Sexual-harassment
- Reasonable accommodation
_____ Simply means treating an applicant or employee differently than those of another race, gender, religion, etc.
– Disparate treatment
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.
– Adverse impact
At the state and local levels, 15 states and more than 124 municipalities prohibit discrimination based on ______.
– Sexual orientation
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.
– Religious differences
– Gender-based differences
– Differences based on permanent physical or mental impairment.
The ADA of 1990 along with the Canadian charter of rights and freedoms, are intended to reduce or eliminate discrimination based on ______or ______disabilities.
Physical or mental disabilities
However the ADA does not apply to all businesses and groups. _____, ______, ________ Are exempt.
Federal government
American tribes, private clubs.
Employment regulations only apply to organizations with ______or more full-time employees.
15
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 ______.
1985
The FLSA work week was set at_____hours for police and ______hours for firefighters.
43 hours police
53 hours firefighter
