Fire Service Law

ISBN-10: 0131552880
ISBN-13: 9780131552883
Edition: 2008
List price: $80.00
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Description: This first-of-its kind text is written for the growing fire administration/officer markets.nbsp; Author Larry Bennett is both an attorney and a firefighter, and he is well-connected at the University and National Fire Academy levels.nbsp; This book  More...

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Book details

List price: $80.00
Copyright year: 2008
Publisher: Prentice Hall PTR
Publication date: 2/16/2007
Binding: Hardcover
Pages: 320
Size: 7.75" wide x 9.75" long x 0.75" tall
Weight: 1.650
Language: English

This first-of-its kind text is written for the growing fire administration/officer markets.nbsp; Author Larry Bennett is both an attorney and a firefighter, and he is well-connected at the University and National Fire Academy levels.nbsp; This book has been closely monitored by the folks at FESHE, and an online course is being developed around this text by Empire State College for seven campuses. Full of current cases/decisions relevant in todayrsquo;s communities and lots of related readings/links.

Foreword
Preface
About the Author
Acknowledgments
Introduction
Overview of the Law
American Legal System: Search Warrants in Arson Investigations, Fire Code Enforcement, and Civil Litigation
Introduction
Violations of the Fourth Amendment
Arson Searches without Warrant
Conviction Reversed-Evidence Seized Illegally from a Meth Lab
Fire Code Enforcement-Qualified Immunity of Fire Marshals and Fire Inspectors
Lawsuits by Survivors Alleging Failure to Enforce
Failure to Correct Fire and Municipal Code Violations
Failure to Enforce Building or Fire Codes
Key Statutes
Fourth Amendment to the U.S. Constitution
State Constitutions
Case Studies
Search of Arson Site without a Warrant
Cause and Origin Search of Detached Storage Shed
Hotel Fire/Governmental Immunity
Chapter Review Questions
Expand Your Learning
Line of Duty Death (LODD) and Safety: Litigation and Fireman's Rule
Introduction
Litigation-Shock the Conscience
NIOSH Fire Fighter Investigation and Prevention Reports
Firefighters with Cardiac Arrests
Federal Death Benefits-14-Year-Old Junior Firefighter's Death
Fireman's Rule
Occupational Safety and Health Act (OSHA)
Whistleblower Protection
NFPA Standards
Key Statutes
42 U.S. Code 1983
Public Safety Officers' Benefits (PSOB) Act of 1976 (42 U.S.C. Sec 3796)
Public Safety Officers' Benefits Act Amendment, October 2000 (Public Law 106-390, Sec. 305)
The Mychal Judge Police and Fire Chaplains Public Safety Officers' Benefits Act of 2002 (42 U.S.C. Sec 3796)
Hometown Heroes Survivors Benefits Act of 2003 (Public Law 108-32)
Case Studies
Line of Duty Death
Highway Safety/Fireman's Rule
Building Code Violation/Fireman's Rule
Chapter Review Questions
Expand Your Learning
Homeland Security: National Incident Management System, USA Patriot Act, and War on Terrorism
Introduction
National Incident Management System (NIMS)
Threats to Dispatch Centers
NFPA Standards
Key Statutes
Air Stabilization and System Stabilization Act
Assistance to Firefighters Grant Program (AGFP) (2000)
Emergency Management Assistance Compact (EMAC) (Public Law 104-321)
Foreign Intelligence Surveillance Act of 1978 (50 U.S. Code 1808)
Intelligence Reform and Terrorism Prevention Act of 2004
SAFER Act of 2003
USA PATRIOT Act of 2001
USA PATRIOT Improvement and Reauthorization Act of 2005
Case Studies
Failure of Radios at the World Trade Center
Al Qaeda Prisoner Held in Navy Brig, South Carolina
Mutual Aid (Indiana, 2005)
Chapter Review Questions
Expand Your Learning
Incident Command: Fire Scene Operations, Training, and Immunity
Introduction
Governmental Immunity and Qualified Immunity
Firefighter Drowned During Scuba Training
Death of Children
NFPA Standards
Key Statutes
Emergency Management Assistance Compact of 1996 (Pub. L. 104-321)
Intelligence Reform and Terrorist Prevention Act of 2004 (S.2845)
Constitutional Claims (42 U.S.C. 1983)
Case Studies
Power Lines Down in Rear of Home: Electrocution of Child after Fire Department Leaves Scene
Titanium Fire/Fire Department IC Orders Water Sprayed on Fire
Incident Command: Four Children Died-Allegations of IC Gross Negligence
Chapter Review Questions
Expand Your Learning
Emergency Vehicle Operations
Introduction
Intersections-Slow Down or Full Stop
NFPA Standards
Key Statutes
Commercial Drivers Licenses (CDLs)
Due Regard Statute (Ohio Revised Code 4511.24)
Case Studies
Civilian Motorist Killed in Collision with Fire Engine
Ambulance Exceeding Fire Department's 20 mph Speed Limit when Traveling against Traffic
Government Immunity-Police Chase in California/U.S. Supreme Court
Chapter Review Questions
Expand Your Learning
Employment and Personnel Issues
Employment Litigation: Age, Beards, Free Speech, and Promotions
Introduction
Age Discrimination
Beards
Free speech-U.S. Supreme Court Limits Protection of Public Employees
Free Speech-Retaliation for Union Activity
Promotions
NFPA Standards
Key Statutes
Age Discrimination in Employment Act of 1967 (ADEA) (29 U.S.C. 631)
ADEA Amendments of 1978 [29 U.S.C 631 (b)]
Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 U.S.C 4301)
Case Studies
Age Discrimination
Firefighter Mandatory Retirement Age
Alleged Retaliation after Winning Lawsuit for Failure to Promote
Chapter Review Questions
Expand Your Learning
Sexual Harassment: Hostile Work Atmosphere, Pregnancy Discrimination, and Gender Discrimination
Introduction
Pregnancy Discrimination
Physical Fitness Tests
NFPA Standards
Key Statutes
Title VII of the Civil Rights Act of 1964 (42 U.S.C. Section 2000e)
Pregnancy Discrimination Act of 1978
Equal Pay Act of 1963
State Laws
Case Studies
Hostile Work Atmosphere-PA State Police Barracks/U.S. Supreme Court
Employer "Mixed Motive" When Terminating Female-Circumstantial Evidence Admissible to Prove Anti-Female Workplace/U.S. Supreme Court
City Failed to Train Employees and Supervisors/U.S. Supreme Court
Chapter Review Questions
Expand Your Learning
Race Discrimination
Introduction
Title VII and EEOC
Affirmative Action
Consent Decrees
Boston Consent Decree Set Aside
Louisiana Consent Decree Not Set Aside
New EEOC Guidance on Race Discrimination
Prompt Investigations
NFPA Standards
Key Statutes
Civil Rights Act of 1964 (42 U.S.C 2000e et seq.)
Civil Rights Act of 1991 [42 U.S.C 1981a (b)(3)] 98 42 U.S.C. 1983
Case Studies
Fire Apprentice Program to Recruit Minorities-Added Points on Entrance Test
Caucasian Lieutenants Alleging "Reverse Discrimination"
African-American Battalion Chiefs Allege Race Discrimination
Chapter Review Questions
Expand Your Learning
Americans with Disabilities Act (ADA)
Introduction
U.S. Supreme Court Narrows Definition of Disability
Firefighters with Disabilities
Firefighters with Attention Deficit Hyperactivity Disorder
NFPA Standards
Key Statutes
Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.)
Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.)
Case Studies
ADA and Access to Courthouses/Implications for Fire Stations/U.S. Supreme Court
Firefighter with Back Injury Offered Light Duty in Police Department
Applicant for Recruit Firefighter with 20/100 Vision
Chapter Review Questions
Expand Your Learning
Family Medical Leave Act (FMLA)
Introduction
Department of Labor Guide
Eligibility under FMLA
NFPA Standards
Key Statutes
Family and Medical Leave Act of 1993 (29 U.S.C. 2601)
Case Studies
Employee on Leave for Wife's Illness Decides Not to Retire; Previous Position Already Filled
FMLA-Application to State and Local Governments/U.S. Supreme Court
FMLA-Returning Employee's Prompt Reinstatement to Previous Job
Chapter Review Questions
Expand Your Learning
Operational and Managerial Issues
Fair Labor Standards Act
Introduction
U.S. Department of Labor Regulations
Sick Leave Buy-Back
State Overtime Laws
Salaried/Exempt
Junior Firefighters-Child Labor Laws
Key Statutes
Fair Labor Standards Act of 1938 (29 U.S.C. 201-219)
FLSA Amendment Applicable to EMS [29 U.S.C. 203 (y)] (December 9, 1999)
FLSA Law Enforcement and Fire Protection Provision [Section 207(k); 29 U.S.C. 207 (k)]
Case Studies
Paramedics Who Are "Cross-Trained" but Do Not Perform Fire Suppression Duties
U.S. Supreme Court Decides When "Get Ready" Time Is on the Clock
Comp Time-Public Employers Offering Instead of Overtime Pay/U.S. Supreme Court
Chapter Review Questions
Expand Your Learning
Drug-Free Workplace: Random Drug Testing and Firefighter DUIs
Introduction
Fire Department Policy
NIOSH Firefighter Fatality Report
Split Samples
State Laws
NFPA Standards
Key Statutes
Drug-Free Workplace Act of 1988
Omnibus Transportation Employee Testing Act of 1991
Case Studies
Random Drug Testing-No History of Drug Problems on Fire Department
Last-Chance Agreement-Assistant Fire Chief in Drug Treatment Told He Must Sign
Random Drug Testing in Collective Bargaining Agreement-Firefighter Tests Positive for Marijuana
Chapter Review Questions
Expand Your Learning
Emergency Medical Service (EMS) and the Health Insurance Portability and Accountability Act (HIPAA)
Introduction
Health Insurance Portability and Accountability Act (HIPAA)
DUI Consensual Blood Draw
Enforcement Access to EMS Run Reports
HIV Patients-U.S. Department of Justice Lawsuits
EMS Exposure to Infectious Disease
NFPA Standards
Key Statutes
Controlled Substances Act of 1970 (21 U.S.C 301, 304, and 1008)
Health Insurance Portability and Accountability Act (HIPAA; 42 U.S.C. 1320)
HIPAA-Criminal Penalties under the Health Insurance Portability and Accountability Act (42 U.S.C 1320d-6)
HIPAA-Law Enforcement Access to EMS Records [45 CFR 164-512(f)]
Bloodborne Pathogens (29 CFR 1910.1030)
EMS Peer Review and Quality Improvement Records Are Not Public Records
Case Studies
EMS Sued for Alleged Failure to Transport Gunshot Victim
Defibrillator Would Not Shock-Cardiac Arrest Patient
Revocation of EMT's Certificate-Crimes of "Moral Turpitude"
Chapter Review Questions
Expand Your Learning
Physical Fitness
Introduction
NIOSH Recommendations on Firefighter Fitness
Litigation: Mandatory Fitness and Off-Duty Activities
NFPA Standards
Key Statutes
Public Safety Officer Death Benefits Act
U.S. Department of Justice Regulations
EEOC Regulations
Firefighter Health and Wellness Programs
Public Safety Officers' Benefit Act of 1976
Case Studies
Physical Fitness and Wellness Program-Annual Medical Exam
Blood Draws, Invasion of Privacy, and Physical Fitness and Wellness Program
Physical Ability Testing, Adverse Impact on Female Firefighters
Chapter Review Questions
Expand Your Learning
Critical Incident Stress Management
Introduction
Ohio Enacts CISM Privilege Law
NFPA Standards
Key Statutes
Ohio Enacts a CISM "Testimonial Privilege" Law
U.S.C. 1983
Case Studies
Threats by Firefighter: Warning Posters Posted in Fire Stations
9-1-1 Calls Ignored-Dispatcher Never Sent Police to Reports of Drunk Driver Weaving Down Highway-Head-On Crash into Innocent Driver
9-1-1 Audio Tapes: Prosecutor Offers Transcript-Newspaper Demands Audio Tape
Chapter Review Questions
Expand Your Learning
The Fire Official as Rule-Maker and Enforcer
Discipline: Misconduct On Duty and Off Duty and Ethical Decision Making
Introduction
Ethical Decision Making
Off-Duty Conduct-Termination
Internal Investigations-Fifth Amendment Rights
Jury Verdicts and the First Amendment Right of Free Speech
Key Statutes
Employee Polygraph Protection Act of 1998 (29 U.S.C. 2002)
Sarbanes-Oxley Act of 2002
Rights of Firefighters in Investigations
Ohio Statute Protecting Career Personnel from Termination Except for Serious Offenses
Case Studies
Internal Investigations-Police Officers Compelled to Answer Questions or Lose Jobs-Fifth Amendment Rights/U.S. Supreme Court
Fire Chief Did Not File Fire Reports with State Fire Marshal-Termination
Home-Made Sex Videos-Police Officer Off Duty, But in Uniform/U.S. Supreme Court
Chapter Review Questions
Expand Your Learning
Arbitration/Mediation
Introduction
Uniform Mediation Act
U.S. Supreme Court-Upholds Arbitration
Fire Service-Mediation to Resolve Pending Grievances
Key Statutes
Uniform Mediation Act
Case Studies
Firefighter Fails to Obtain Paramedic Certificate within Two Years-Results in Termination
Firefighter Fired for Having Sex On Duty-Arbitrator Reinstates with No Back Pay: City Seeks Court Order to Reverse Arbitrator
Cincinnati Fire Department and IAFF Local 48 Mediation Process
Chapter Review Questions
Expand Your Learning
Legislative and Political Foundations
Legislative Process: Getting Helpful Laws Passed for the Fire Service (Amending the Fireman's Rule)
Introduction
Modifying the Fireman's Rule
Widow of Firefighter Settles with Insurance Companies
Key Statutes
Florida Has Abolished the Fireman's Rule
Minnesota Has Abolished the Fireman's Rule
California Has Modified the Fireman's Rule
Nevada Has Modified the Fireman's Rule
New York Has Modified the Fireman's Rule
State Appellate Court Opinion
Case Studies
EMT Injured by Toxic Fumes-Files Suit against Chemical Company
EMT Severely Injured in Gas Explosion-Sues Company Laying Underground Cable That Punctured Gas Line
State Trooper Responds to Accident on Snowy Highway and Is Struck by Second Motorist-Sues First Motorist
Chapter Review Questions
Expand Your Learning
Expand Your Learning Activities
Real-Life Legal Lessons Learned Scenario
Example of Fire Chief Promotion Process
Diversity Goals
Sample Labor-Management Agreement
Sample Labor-Management Agreement: Letter of Agreement-Health and Wellness
Sample Labor-Management Agreement: Grievance Mediation Procedures
Glossary
Index

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