NATIONAL FIRE ACADEMY
TRAINING OPERATIONS IN
SMALL DEPARTMENTS
UNIT 2:
LEGAL ISSUES
Visual 2.1
GOALS
• To identify legal issues affecting the
Training Function.
• To develop a training
documentation plan that assures
compliance with legal, liability, and
certification documentation
requirements.
Visual 2.2
TERMINAL OBJECTIVES
The students will be able to:
• Analyze the degree of compliance in
their own departments with respect to
legislation and Federal regulations.
• Design a training documentation
management plan suitable for use in
their own departments.
Visual 2.3
LEGAL ISSUES IN
TRAINING
Minimizing legal liability:
• Do the right thing
• Have documentation to prove it
• Meet moral obligations
Visual 2.4
ETHICS FOR THE TRAINING
FUNCTION
•
•
•
•
Challenging
Public values
Support
Individual personal standards
Visual 2.5
ETHICS FOR
ORGANIZATIONS
The five basic principles of ethics for organizations:
• Purpose
• Pride
• Patience
• Persistence
• Perspective
(Blanchard and Peale, The Power of Ethical
Management)
Visual 2.6
EFFECTIVE LEADERS
MUST
• Recognize that the fire service has a
special public trust
• Set the tone for ethical and legal
decisions
• Model the expected behavior
• Lead through the minefields
Visual 2.7
PROVIDING LEADERSHIP FOR
ETHICAL BEHAVIOR
•
•
•
•
•
•
•
Use self-education resources.
Read professional journals.
Take classes on ethical issues.
Develop a code for the Training Function.
Reward employees for telling the truth.
Produce accurate and timely records.
Accept responsibility for communicating
information that may be uncomfortable to the
recipient.
Visual 2.8
LEGISLATION RELATED
TO PERSONNEL
MANAGEMENT
Visual 2.9
DISCRIMINATION
People or groups of people treated
differently because of some
characteristic (e.g., age, race, sex,
religion, marital status, national
origin).
Visual 2.10
DISCRIMINATION ISSUES
•
•
•
•
•
Race or national origin
Maternity and family medical leave
Age
Religion
Disability
Visual 2.11
HEALTH AND SAFETY
• Responsibility for compliance rests
with employers.
• Occupational Safety and Health Act
(OSHA).
Visual 2.12
OTHER LEGISLATION
• Access to personnel files
• Drug and alcohol testing
• Copyright/Plagiarism
Visual 2.13
FEDERAL REGULATIONS
• Train all personnel to the minimum level
of competency required by applicable
regulations.
– Your Standard Operating Procedures
(SOP's) form the basis for training
• Fire departments must deliver and
certify adequate and timely training
based on applicable standards.
Visual 2.14
FEDERAL REGULATIONS
(cont'd)
• Departments can be cited for lack of
training, documentation, or
compliance.
• If your agency adopts a standard, it
can be enforced.
Visual 2.15
FEDERAL REGULATIONS
(cont'd)
• Develop a compliance plan that
deals with your department's
greatest needs
• Have a realistic view of your
department's capabilities
Visual 2.16
SAFETY
• Train to minimum competency
using safe practices.
• Trainer liability--failure to do so.
Visual 2.17
OSHA REGULATIONS
• Protect employees from accidental
injury or harm.
• Not "nice to do"; they must be
enforced.
• If you violate OSHA regulations,
legal action can be taken.
Visual 2.18
NON-OSHA STATES
• Know your respective State
regulations.
• Follow these regulations.
• Become familiar with EPA 311.
Visual 2.19
NATIONAL FIRE PROTECTION
ASSOCIATION STANDARDS THAT
AFFECT TRAINING
Although not mandated unless adopted by
the Authority Having Jurisdiction (AHJ),
regulatory agencies are beginning to
require compliance.
Visual 2.20
VIDEO
"Standards and Their Influence
on Safety and Health"
Visual 2.21
LIABILITY
Liability results from a
failure of duty.
Visual 2.22
VICARIOUS LIABILITY
Employers are responsible
for actions of their
employees.
Visual 2.23
NEGLIGENCE
Failure to do something that a
reasonable and prudent person would
do, or doing something that a
reasonable and prudent person would
not do.
Visual 2.24
ELEMENTS OF
NEGLIGENCE
•
•
•
•
Duty--owed or assumed
Breach of that duty
Causation
Damage
Visual 2.25
DEFENSE AGAINST
LIABILITY
Perform your duties within
reasonable guidelines or
established standards, and
document what you did.
Visual 2.26
TRAINING LIABILITY
ISSUES
• Method of instruction
• Compromise safety for realistic
training
• Liability defenses
• Responsibility for injuries
Visual 2.27
DOCUMENTATION
Visual 2.28
REASONS FOR
DOCUMENTATION
•
•
•
•
Satisfy legal requirements.
Reduce liability exposure.
Verify certification.
Justify additional resources.
Visual 2.29
REASONS FOR
DOCUMENTATION (cont'd)
• Verify type and amount of training.
• Verify when and where training
occurred.
• Verify conditions of training.
• Verify outcome of training.
Visual 2.30
DOCUMENTATION
ATTRIBUTES
•
•
•
•
•
Complete
Pertinent
Accurate
Timely
Neat
Visual 2.31
Activity 2.1
Using Documentation and
Records
Visual 2.32
SUMMARY
• Legislation and governmental
regulations increase exposure to liability.
• Performing training within standards
reduces this exposure.
• Documentation reduces exposure by
proving what happened.
• Documentation can be used in a needs
assessment for training in the fire
department.
Visual 2.33