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