Ch 10. Government Regulation, Laws, and the Courts

Question 1

For the purposes of compliance with state OSHA regulations, volunteer firefighters are considered to be ____. (144)

Answer 1

agents or contractors

Question 2

The Hazardous Waste Operations and Emergency Response regulation is based on a 1986 draft of NFPA 472. It is generally a good idea to base training and certification on the latest edition of NFPA standards rather than OSHA regulations. This is because OSHA has not updated its hazardous materials regulation since ____. (147)

Answer 2

1989

Question 3

There are 2 factors influencing the government: (142)

Answer 3

1) the role of government to protect its citizens

2) the concern over a failure in the market preventing a public good or service from becoming available or widely used

Question 4

It is the role of government to protect the consumer (citizens) in cases where it can be demonstrated that the consumer lacks ____ to make a conscious judgement of the safety, competency, or adequacy of the service or product. (142)

Answer 4

the knowledge, background, or education

Question 5

A ____ may prevent a safety product or service from becoming available to the general public. (142)

Answer 5

market failure

Question 6

Regulations that make safety equipment a requirement must be paired with ____ that require its use and provide some type of disciplinary action for noncompliance. (143)

Answer 6

rules

Question 7

Because of the heavy cost of infrastructure, the government grants a ____ to one provider and controls quality and price. (143)

Answer 7

monopoly

Question 8

At the federal level of government, Congress passes laws and the president approves them; however Congress generally does not include specific guidance for ____ regulatory legislation. (143)

Answer 8

implementing

Question 9

The review process begins with the federal agency publishing notice of their proposed rule in the ____, which can be thought of as the “government’s legal newspaper.” (143)

Answer 9

Federal Register

Question 10

____ policy topics tend to attract the attention of strong advocacy groups who have political allegiances and commitments. (144)

Answer 10

Controversial

Question 11

The primary advocate for the customer (citizen) is the ____. (144)

Answer 11

FES administrator

Question 12

Chief administrative officials of a FES organization should represent the public in any discussion of policies that affect ____. (144)

Answer 12

service level and quality

Question 13

Proposals that are support by ___ and backed by ____ are more likely to succeed. (144)

Answer 13

hard data; well-thought-out lines of reasoning

Question 14

Many departments in non(OSHA)participating states use the ____ safety standards, with the understanding that they are providing a safe working environment for their members and reducing the chance of liability. (144)

Answer 14

federal and NFPA

Question 15

The International Code Council’s (ICC’s) goal is to _____. (144)

Answer 15

produce one building code to be used throughout the United States.

Question 16

Local government generally uses ____ to prevent noncompatible uses of buildings and land. (145)

Answer 16

zoning

Question 17

Local government might also control the type of development that can occur in each geographic area by using ____, which are maps approved by the local zoning authority that visually identify different use areas. (145)

Answer 17

land-use zoning maps

Question 18

A union contract acts just like a ____ and is binding on all parties. (145)

Answer 18

regulation

Question 19

The main goals of a ____ are to maximize pay and benefits while ensuring the health and safety of their members. (146)

Answer 19

union

Question 20

FES administrators often strive to improve services at ____. (146)

Answer 20

the lowest practical cost to the taxpayers

Question 21

if a decision is not ____, the chief does not technically have to secure the union’s permission before implementation. (146)

Answer 21

a mandatory subject of bargaining

Question 22

To facilitate change to existing services, the administrator should consider the following advice: __3__ (146)

Answer 22

1) Determine which decisions and policies are required by law or ordinance to be negotiated with the unions
2) Delegate policies that do not require negotiations to a nonbinding task group made up of representatives from all interested parties
3) Understand the language in the existing labor contract, especially the concept of past practice.

Question 23

OSHA 29 CFR 1910.146 (147)

Answer 23

Permit-Required Confined Spaces

Question 24

____ have the potential to trap a person and may have oxygen deficient atmosphere. (147)

Answer 24

Confined spaces

Question 25

OSHA 29 CFR 1910.134 (147)

Answer 25

Respiratory protection | "2-in/2-out"

Question 26

____ firefighters was the best number of firefighters for safe and effective fireground operations. (147)

Answer 26

4

Question 27

OSHA 29 CFR 1910.1030 (147)

Answer 27

Occupational exposure to Bloodborne Pathogens

Question 28

____ is the best defense against disease transmission in general. (147)

Answer 28

repeated hand washing

Question 29

OSHA 29 CFR 1910.120 (147)

Answer 29

Hazardous Waste Operations and Emergency Response

Question 30

For firefighters, the minimum (HAZMAT) competency is the ___ level and is usually incorporated in recruit firefighter training programs. (147)

Answer 30

operations

Question 31

First responders, such as police officers and EMS support staff, who need to protect themselves but do not take emergency action during a hazmat incident are required to meet the ____ level, which is the lowest level of training and competency. (147)

Answer 31

awareness

Question 32

OSHA 29 CFR 1910.156 (148)

Answer 32

Fire Brigades adopted in 1980 Sometimes used in conjunction with the General Duty Clause

Question 33

This clause requires each employer to furnish a place of employment that is safe from hazards that are likely to cause injury, sickness, or death. (148)

Answer 33

OSHA's General Duty Clause

Question 34

OSHA and court precedent have shown that in the absence of specific or up-to-date OSHA regulations, ____ can be used to assess compliance {with OSHA's General Duty Clause] (148)

Answer 34

a national consensus standard, such as NFPA 1500

Question 35

Chief officers should always keep in mind the General Duty Clause. At a minimum, departments should consider compliance with ____ for the FES agency. (148)

Answer 35

NFPA 1500

Question 36

NFPA was formed in 1896 by a group of insurance companies who met to address the ___. (148)

Answer 36

inconsistencies in the design and installation of fire sprinkler systems.

Question 37

The [NFPA] cites their mission as follows: " to reduce the burden of fire on the quality of life by advocating __3__. (148)

Answer 37

1) scientifically based consensus codes and standards 2) research 3) education for fire and related safety issues

Question 38

NFPA 1500 (148)

Answer 38

Standard on Fire Department Occupational Safety and Health Program first issued in 1987

Question 39

____ can be looked at as an umbrella document that adopts by reference many other NFPA standards. (148)

Answer 39

NFPA 1500

Question 40

One aspect of [NFPA 1500] that still has not been defined clearly is ____. (149)

Answer 40

physical fitness

Question 41

NFPA 1710

Answer 41

Standard for the Organization and Development of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments.

Question 42

NFPA 1710, which was adopted in 2001, requires minimum levels for __3__. (149)

Answer 42

1) response times 2) staffing 3) training

Question 43

with the exception of NFPA 1500, this standard will probably have more impact on FES than any other standard. (149)

Answer 43

NFPA 1710

Question 44

The key [to complying with NFPA 1710] is that the firefighters and officer of the company have to be on-duty and trained to minimum levels of competency in accordance with ____. (149)

Answer 44

the NFPA Professional Qualifications Standards

Question 45

Even if a department's liability exposure is limited, it is still a good idea to use the NFPA [1710] standard as ____ for planning for public fire protection in a community. (149)

Answer 45

a benchmark

Question 46

One of the main reasons why a four-member company works best is that ____. (149)

Answer 46

each firefighter is prepared to perform an assigned role

Question 47

The method of staffing that a company would assign 4 firefighters, 2 of which being paramedics, operating an engine and an EMS transport vehicle works well until ____, which are the requirements of the NFPA 1710 standard. (149)

Answer 47

the call volume exceeds the point when the company can no longer provide a 4 minute response with 90% reliability

Question 48

The NFPA 1710 response time requirements for a structural fire state that the first due engine must arrive within _____ or the full first alarm assignment must be made within ____. (149)

Answer 48

4 minutes (80 seconds for turnout); 8 minutes (80 seconds for turnout)

Question 49

In some jurisdictions with areas that are ____ or ___, the 4 minute response time [required by NFPA 1710] is not justified. (149)

Answer 49

undeveloped or that have low population densities

Question 50

[NFPA 1710 states that] response time performance should be measured at the ____ level (i.e., ___ of responses are made in less than or at the maximum time). (149)

Answer 50

90%

Question 51

The number of times that a company is busy when a second call comes in is in direct proportion to ___. (150)

Answer 51

call volume

Question 52

The Insurance Service Office Municipal Fire Grading Schedule once contained the requirement that a second company would be needed if more than ____ calls were responded to annually. (150)

Answer 52

2500

Question 53

____ and ___ can help solve, or exacerbate, the increasingly common problem of excessive responses. (150)

Answer 53

Departmental policies and SOPs

Question 54

NFPA is a planning document that can help ____ in fire protection and EMS. (150)

Answer 54

identify and quantify weaknesses

Question 55

In the 1960s, it seemed clear that ____ was an important determinant of survival from sudden injury and preventable deaths from highway trauma. (150)

Answer 55

the quality of prehospital care

Question 56

Federal funding for standardized training of ambulance attendants was provided through _____. (150)

Answer 56

the Highway Safety Act of 1966

Question 57

In 1969 the Highway Safety Bureau came into existence, funding the development of ____, which set the precedent for the way EMS education would be standardized for the next 40 years. (150)

Answer 57

the National Standard Curricula

Question 58

In 1970, the Highway Safety Bureau transformed into the ____, with the goal of reducing the number of vehicle crashes, injuries, and deaths. (150)

Answer 58

National Highway Traffic Safety Administration

Question 59

The chief officer should be wary of any attorney who___. (151)

Answer 59

wants to settle quickly and not take the issue to court

Question 60

Ensure that all the department's policies treat all people ___. (151)

Answer 60

equally

Question 61

Demand that any legal advice be documented by ____. (151)

Answer 61

case histories from courts at the appeals level or higher.

Question 62

The better the FES administration understands the court system and the legal process, the bett able it will be to ____. (151)

Answer 62

protect the interests of its organization and the public it serves

Question 63

Federal and state courts have 3 separate level: (151)

Answer 63

1) district court 2) appellate court 3) Supreme Court

Question 64

Judges in the court systems interpret ____ to come to their decisions. (151)

Answer 64

existing laws and regulations

Question 65

If a decision made in a district court is ____, the case moves on to the appellate court. (151)

Answer 65

appealed

Question 66

The decision made in the appellate court becomes known as ____, and may be used by other judges in similar cases. (151)

Answer 66

precedent, or common law

Question 67

For the most part, lower appellate court decisions can set precedents only in ____. (151)

Answer 67

the district or state in which they are issued

Question 68

The ____, whose decisions are binding nationwide, has final authority. (151

Answer 68

US Supreme court

Question 69

If the Supreme Court refuses to hear a case, its refusal indicates that ____. (151)

Answer 69

it supports the lower court's decision

Question 70

If the Supreme court makes a decision based on the US Constitution, this decision can be changed only by ____. (151)

Answer 70

changing the Constitution

Question 71

Adding to and Changing the Constitution is used only in rare cases because ____. (151)

Answer 71

it requires a three-quarter majority vote by Congress and US voters

Question 72

By developing and maintaining ____, chief officers can get ahead of any legal crises that may occur. (151)

Answer 72

a relationship with their lawyers

Question 73

When a judge makes a decision based on his or her personal beliefs about the law or the specific circumstances, this is known as ____. (152)

Answer 73

legislating from the bench

Question 74

Administrative ____ allows the public administrator to function as a lawmaker. (152)

Answer 74

rule making