Ch 3 Incident Safety Officer Flashcards
(15 cards)
The legal principles with a long history of minimizing fire department and firefighter liability are
Sovereign immunity and discretionary function
The majority of fire service specific publications and rules are written as a result of
A tragic event.
The ISO is wise to use these publications as tools to avoid litigation and keep firefighters safe
The NFPA is recognized for developing consensus standards, guides, and codes. These standards help define what is acceptable, and are viewed by the courts as…
Common practice or the standard of care when considering legal questions
OSHA is part of the US Department of labor, and is tasked with the creation and enforcement of workplace law.
The body of laws that OSHA uses to improve workplace safety are
The Code of Federal Regulations or the CFR
NIOSH is the safety and health research and education, educational arm of the federal government and is part of the CDC under the DHHS.
NIOSH has no enforcement responsibilities, but has been tasked to
Investigate all duty related firefighter fatalities. This is voluntary for the department that experienced the loss.
On a hierarchical level, the DHS was created in 2002, and they developed the national response plan, NRP, which was changed to the national response framework, NRF.
In 2003, NIMS was developed under the NRF. These are tied to which agencies and departments?
The DHS is over FEMA
FEMA is over the USFA
Although some state agencies are not required to follow OSHA’s CFR, they must follow which regulations
EPA regulations. Particularly managing super fun money for cleanup and hazmat
Definition – an enforceable rule of conduct that helps protect a society
Laws.
Laws are divided into statutory law and case law.
Statutory law deals with rules of conduct and civil and criminal matters
Case law refers to precedent established overtime through judicial processes
Definition - procedures that have the force of law issued by an executive government authority.
Regulations
Examples are OSHAs CFR and the EPA regs
Definition – a work of law established or adopted by a rulemaking authority.
Codes
Codes served to regulate an approach, system, or topic for which they are written.
Example, the uniform fire code, and the life safety code
Definition – any set of rules, procedures, or professional measurements that are established by authority. Must be adopted by an AHJ to become a law. (Promulgated)
Standards
Such as NFPA standards that were developed from a formal consensus approach through technical committees, a standard council, and membership voting
Definition – a publication that offers procedures, directions, or standards of care as a reasonable means to address a condition or a situation. Do not carry the impact of law.
Guides
A guide can be used in negligence cases to provide clarity on the general duty or standard of care.
NIOSH has written several guides. The textbook can be considered a guide.
Known as the mothership of fire department, safety and Health because it ties together so many other NFPA standards
NFPA 1500, standard on fire department, occupational safety, and health program
The difference between NFPA 1561 and NFPA 1521 are
NFPA 1521 addresses JPR‘s for the HSO and the ISO. Also requires the ISO to meet fire officer 1 as defined in NFPA 1021
NFPA 1561 outlines and establishes the ISO role, within the management system.
Most of OSHAs primary focus area is the private sector. One particular area where they speak to rescue of employees engage in certain activities is:
OSHA 29 CFR 1910.120 hazardous waste operations and emergency response solutions.
Requires a written site, safety plan for operations involving hazmat, confined space, trenches, and hazards energy emergency incidents
