Fire Department Company Officer (3rd Edition)



Fire Department Company Officer (3rd Edition)

Chapter 3 - Company Officer's Legal Responsibilities & Liability

"By the Numbers"

▪ In 1946, the U.S. Government waived its immunity from liability in tort cases and allowed litigation from such claims in federal court.

▪ Chapter 29 CFR 1910.120, Hazardous Waste Operations, contains administrative laws that are intended to protect workers in high hazard industries such as Hazardous Materials response and also covers training requirements for HazMat Response.

▪ Title VII of the Civil Rights Act of 1964 is one of the major laws dealing with employment rights in addition to EEOC, ADA, and FLSA laws.

▪ The OSHA laws for which company officers are held responsible appear in Chapter 29, "Labor" of the Code of Federal Regulations (CFR).

▪ Chapter 29 CFR 1910.134 covers use of self-contained breathing apparatus and in conjunction with NFPA 1500, it also covers the 2 in/2 out rule.

▪ Chapter 29 CFR 1910.146 covers confined space operations.

▪ Chapter 40 of the Code of Federal Regulations covers protection of the environment.

▪ Company officers can be held accountable for deviation from Chapter 40 (CFR) on containment, cleanup, and disposal of hazardous substances.

▪ The intent of the Civil Rights Act of 1964, more specifically Title VII, was to eliminate discrimination on the basis of race, color, national origin, religion, and sex.  The age group 40-70 was added to the Act in 1967 and pregnancy was added in 1978 (Pregnancy Act).

▪ The EEOC protects rights of all workers, especially those in protected classes such as women, minorities, workers over 40, and those with disabilities.

▪ Historically, the 4 primary areas of employment discrimination  are disparate treatment, adverse impact, sexual harassment, and reasonable accommodation.

▪ Under the Pregnancy Discrimination Act of 1978, female firefighters must be given the same pregnancy/maternity leave as female workers in other professions.

▪ The Americans with Disabilities Act of 1990 was intended to eliminate discrimination towards persons with disabilities.

▪ ADA employment regulations only apply to organizations with 15 or more full time employees.

▪ The Fair Labor Standards Act of 1938 guaranteed private sector workers time and a half but local public employees were not covered until 1985 when the U.S. Supreme court made the decision.

▪ The FLSA work week exemption for public safety agencies is 43 hours for police officers and 53 hours for firefighters.

|Most Often Used NFPA Codes |

|NFPA 1 |Fire Prevention Code |

|NFPA 49 |Hazardous Chemical Data |

|NFPA 70 |National Electrical Code® |

|NFPA 101® |Life Safety Code® |

|NFPA 704 |Identifications of the Hazards of Materials |

|NFPA 901 |Standard Classifications for Incident Reporting & Fire Protection Data |

|NFPA 921 |Guide for Fire & Explosion Investigations |

|NFPA 1001 |Fire Fighter Professional Qualifications |

|NFPA 1002 |Fire Department Vehicle Driver/Operator Qualifications |

|NFPA 1003 |Airport Fire Fighter Professional Qualifications |

|NFPA 1021 |Fire Officer Professional Qualifications |

|NFPA 1031 |Professional Qualifications for Fire Inspector |

|NFPA 1033 |Fire Investigator Professional Qualifications |

|NFPA 1035 |Public Fire & Life Safety Educator Professional Qualifications |

|NFPA 1041 |Fire Service Instructor Professional Qualifications |

|NFPA 1051 |Wildland Fire Fighter Professional Qualifications |

|NFPA 1061 |Public Safety Telecommunicator Professional Qualifications |

|NFPA 1403 |Live Fire Training Evolutions |

|NFPA 1404 |Fire Department Self-Contained Breathing Apparatus Program |

|NFPA 1410 |Training for Initial Fire Attack |

|NFPA 1500 |Fire Department Occupational Safety & Health Program |

|NFPA 1521 |Fire Department Safety Officer |

|NFPA 1561 |Fire Department Incident Management System |

|NFPA 1581 |Fire Department Infection Control Program |

|NFPA 1582 |Medical Requirements for Fire Fighters |

|NFPA 1600 |Disaster Management |

|NFPA 1901 |Automotive Fire Apparatus |

|NFPA 1906 |Wildland Fire Apparatus |

▪ There are more than 11,000 ANSI standards.

|Most Relevant ANSI Standards to the Fire Service |

|Z41 |Personal Protective Footwear |

|Z87.1 |Eye & Face Protection |

|Z88.2 |Respiratory Protection |

|Z89.1 |Helmets & Protective Headgear |

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