-
What law approach uses both civil and criminal legal systems? 140
The Anglo Saxon Approach (our current system)
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Laws in the US depend on what 2 sources for Development and Explanation? 141
-
Who creates statutory laws? 141
Legislators
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Who creates common or case law? 141
The courts
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What type of law is intended to describe, as clearly as possible, conduct or behavior that is acceptable or unacceptable? 141
Statutory law
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What type of courts has the power to, create or change common-law? 141
Appellate courts also known as Courts of record
-
Who has national jurisdiction in matters involving fire departments and firefighters? 142
The US Supreme Court
-
What act has stimulated enormous interest in individual rights? 142
The civil rights act of 1964
-
What are the 4 civil rights acts that Congress passed since the Civil War? 144
The civil rights acts of 1866, 1871, 1964, & 1991
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What act has probably done more to effect the public workplace than any other law? TQ 144
The civil rights act of 1964
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What did the equal pay act of 1963 establish? 147
Equal pay for equal work
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What is the definition of a qualified individual? 149
One that is able to perform the essential functions of a job with or without reasonable accommodations
-
Is the fire department required to make special commendations for people with disabilities? 149
Only if they are a "qualified individual" who is able to perform the "essential functions" of a job "with or without reasonable accommodation"
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It is up to "whom", to define what the "Essential functions" are, in regards to the job descriptions. 149
The Employer
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Under the family and medical leave act how long can an employee be off for, in a 12 month time period? 149
Up to 12 weeks of unpaid leave
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What was created by Congress to develop workplace safety standards? TQ 150
OSHA
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What special research office was created by OSHA? TQ 150
The national Institute of occupational safety and health (NIOSH)
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What are 3 important OSHA standards that are of special interest to Fire Chief's? 150
- Blood-borne pathogens
- Respiratory protection standards
- 2 in 2 Out rule
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What is the focus of CERCLA? 151
Hazmat site cleanup
-
Title III of SARA is known as? 151
The emergency planning and community's Right to know act
-
What does Sara specifically address? 151
Training for hazmat responders
-
If the only purpose to enter the premises, after a fire, is simply to determine origin and cause what type of warrant is required? 153
An administrative warrant
-
If there is already a suspicion of a crime at a fire investigation, what type of warrant will be necessary? 153
A criminal warrant
-
What are the 3 main reasons that periodic inspections are allowed by law? 153
- A. Long history of public acceptance
- B. Public demands that dangerous conditions are prevented
- C. They are not personal in nature or aimed at discovering criminal activity
-
What constitutional amendment prohibits unreasonable search and seizures? 154
The 4th amendment
-
Can a public employer make you do a drug test? 154
Yes, under certain circumstances
-
Is a warrant required if the resident consents to the inspection? 154
No
-
Can an employer legally drug test their employees? 155
Yes, but only under certain suspicionless conditions
-
What are 3 events that employers may drug test their employees? 155
- A. Certain employee groups, subject to testing
- B. Events that trigger testing (i.e. pre-employment, transfer promotion, post accident, return to duty or random)
- C. Personnel that conduct prohibited behaviors
-
What type of Law, serves to clarify or defined statutory law or can address legal issues not addressed in statutes? 166
Case law
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What is the term that is used for legal authority for code enforcement power to govern and regulate the interest of the health and safety of the citizens? 157
Police power
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If a firefighter is doing what he is authorized to do, he is working within his scope of? TQ 158
Scope of employment
-
What are the 3 elements to reduce the limitations on liability? 158
- Scope of employment
- Level of negligence
- Type of act or action
-
To prove negligence, an injured person must demonstrate that the person who caused injury, owed a duty of care. When dealing with fire inspectors that liability is? TQ 161
Assumed
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What kind of law represents, that each person owes a duty to others to act responsibly? 163
Negligence (law)
-
To prove negligence the injured person must be able to demonstrate the following 4 conditions? 163
- The person owed a duty of care to the injured person
- That duty was breached
- The act was the cause of injury
- The injured person must be able to prove actual injury
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What is at the heart of negligent law? 165
Duty
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A duty to all is a duty to no one, is also known as? 165
Duty doctrine
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In a lawsuit, the process of collecting evidence is called? 168
Discovery
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What 3 things make up the discovery process? 168
- Dispositions
- Written interrogatories (Questionnaires given to witnesses)
- Requests for production of documents
-
Who is the Trier of law? 168
The Judge
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Who is the Trier of fact? 169
The Jury
-
What is the worst strategy that a Fire Chief can use in regards to standards of care? 170
To ignore such standards (as developed by organizations such as the NFPA & IFSTA)
-
When can drivers of emergency vehicles violate portions of the motor vehicle code? TQ 172
Only with lights and sirens and when it can be done safely
-
What? is defined as the boundaries or limits of one's duty to their employer? TQ 173
Scope of employment
-
What are the 4 accepted methods of managing risk? 176
- Eliminate the risk
- Assume the risk
- Reduce the risk or
- Transfer the risk
-
What is the first concept of leading people by Lao Tsu? TQ 206
Lead by example
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What are the 2 key elements of any positive, constructive relationship? 207
Levels of trust and respect
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When you measure someone, based on that person's words and behaviors as they carry out their personal and organizational responsibilities and commitments, this is called? 209
Ethics
-
What are the 5 major areas of ethical responsibilities? 209
- External customers
- Internal customers
- Behaviors acted out daily
- Leaders conduct
- Commitments to maintain healthy contributions to the organization
-
What is the primary reason our current leaders exist? TQ 209
To guide the delivery of services
-
What are the 5 levels of motivational factors in the Maslow's hierarchy of needs? 210
- Self actualization (highest)
- Esteem
- Acceptance
- Security
- Physiological (lowest)
-
What is the basic principle of Maslows hierarchy of needs? TQ 210
That a lower-level need must be fulfilled before one can focus on a higher level need
-
What are the 5 basic skills that Steven Edwards believe is the key to fire service leadership? 212
- Empower others
- Develop others
- Value diversity
- Work for change
- Communicate responsibility
-
What are the 4 organizational anchors for empowering workgroups? 213
- A clearly defined mission
- Shared organizational values
- Well-maintained financial resources
- Appropriate levels of training
-
When providing direction and empowerment you should try to keep the employees within the organization, inside the what? 213
The circle
-
What is the most important leadership measurement in the workplace? 215
Employee relations
-
What sets the tone for how the people within the organization interact with customers and each other? 218
Organization and operational structures
-
Keeping someone accountable for their actions and decisions is called what? 219
Empowerment
-
In the organizational application what does the stool represent? 220
The most important resource, the people (of the organization)
-
In the organizational application the 3 legs of the stool represents what? TQ 221
- The primary line (External) service delivery programs
- 1. Fire prevention
- 2. Public education
- 3. Emergency response
-
What do the braces between the legs represent in the organizational application? 221
Staffing(Internal elements)
-
What NFPA program is readily incorporated into school curriculums and has a positive overall effect on teachers? 222
The "Risk Watch" program
-
In the stool analogy what is critical to meet the daily requirements of the internal and external customers and to a large extent drive the organizations ability to change and develop? TQ 222
The level of training and the organizations ability to prepare members to perform their roles
-
What is critical to a fire department's community image and standing? 223
Community involvement
-
What is the most utilized but least understood subject? 453
Communications
-
Of all fire ground operations which is the least practiced subject? 454
Communications
-
What is the first and often the most critical aspect of emergency communications? 456
The initial call
-
What are the 2 phases ECC uses to manage the incident prior to alerting first responders? 456
Call handling and Call dispatch
-
What type of dispatching is it called when ECC both recieves and dispatches the call from the same facility? 456
The direct dispatch method
-
When ECC only handles the telephone calls and the apparatus are dispatched elsewhere is called what? 456
The call relay system
-
When ECC uses a CAD system that automatically sends the data remotely to a fire dispatcher is called? 456
The call transfer method
-
The simplest ECC form of incident processing is known as? TQ 456
Single stage dispatching
-
When the ECC dispatcher answers the phone and makes the radio assignments, is called? TQ 456
Single stage dispatching
-
What is it called when one dispatcher takes a call and another dispatcher dispatches the call? 456
Two-stage or dual stage dispatching
-
What is the main advantage of two-stage or dual stage dispatch? 456
It allows one dispatcher to continue to get additional information while someone else dispatches the first-due units
-
When call taking and dispatching occurs at the same location the facility is described as? 457
Consolidated or co-located communication centers
-
What is the most common means of reporting emergencies? 457
The telephone
-
What is the most important part of ECC's dispatchers initial incident process? 458
Caller interrogation and information gathering
-
With the enhanced 911 system what is the most important thing to remember regarding the address? 458
That it still must be verified
-
What are the two most important capabilities of enhanced 911 systems? 459
Automatic number identification (ANI) and Automatic location identification (ALI)
-
Can ANI and ALI be blocked by the caller? 459
No
-
What is the name given to devices that automatically report incidents based on monitored conditions? 460
- Telematics
- (Also known as automatic crash notification
- i.e. ONSTAR)
-
What is it called when they can dispatch companys, teams, or individuals without disturbing others in the station? 461
Selective signaling
-
For record keeping, at a minimum, what are the 5 things that should be gather from the initial call? 463
- The address
- The nature of emergency
- Call source (How the call came in)
- The time and date of receipt
- And the person(Dispatcher's name) receiving the call
-
What is the keystone of the CAD system software? 464
"Geo files" short for geographic files
-
What are geo-files used for? 464
To check that the street name and number are valid
-
When radios both transmit and receive on the same frequency, it's called what mode? 466
Simplex mode
-
What are some of the problems associated with Simplex radios? 466
They may experience dead spots or gaps in coverage due to the reliance on individual radios to intercommunicate
-
What type of radios relies on repeaters to relay conversations? 467
Duplex systems
-
Because of the dependence upon hardware and software which system is the most complex means of radio communication? 467
Trunking
-
What type of radio uses low band communications? 468
Symplex
-
What type of system allows dispatchers to selectively call by telephone a specific group of people or residents of the geographical area? 471
Reverse 911
-
The basic technology behind standard home phone is known as? 472
1A2
-
What are the 2 broad categories of 911? 473
Basic and enhanced
-
What are the 2 primary benefits of enhanced 911? 473
- Automatic number identification and automatic location identification
- (ANI & ALI)
-
As a minimum, what must stand between the public and dispatchers in their facility? 476
Two solid lock doors and bulletproof glass on any street-level window
-
If the dispatch room shares space with another operation what must the walls have? 477
A fire rating
-
What is the number one factor affecting security at a dispatch center? 477
Individual responsibility
-
For the ISO rating, communication criteria as part of the fire suppression rating schedule, counts for what % of the communitys insurance rating? 482
10%
-
As a rule of thumb how many employees you need to provide a single on-duty ECC person 24 hours per day? 482
At least 4.5 Employees
-
For dispatchers what controls the number of hours that can be working in any given week? 483
The fair labor standards act (FSLA)
-
What is crucial when hiring dispatchers? 484
Attracting qualified candidates
-
What is a low cost means of judging the aptitude of a potential ECC hire? 484
Invite them to observe operations for a shift
-
What is critical in determining effectiveness and means of measuring performance? 485
Quality assurance
-
Why is quality assurance critical when EMD is used? 486
It constantly validates appropriate protocols are being used and the approved instructions are given
-
What 4 Conditions need to be present for liability to exist? 486
- A duty to act
- That duty was breached
- Must be damages
- And the breach of duty must be the cause of the damages
-
Who has developed guidelines that are applicable to dispatch centers? 489
NIOSH
-
Which administration is charged with creating a safe workplace? 489
OSHA
-
Which agency has had the most impact upon fire service communications? 489
The FCC
-
What is a means of improving spectrum efficiency for radios frequencies? 490
Refarming
-
What is the most visible aspect of Refarming? 490
Narrowing of frequencies
-
According to Brunacini, what are the tactical priorities for emergency services? 527
- Protect life
- Stabilize the incident
- Stop the loss
-
According to Brunacini, what are the 4 tactical priorities for a structure fire? 527
- Rescue
- Fire control
- Property conservation
- Customer stabilization
-
What defines how the tactical priorities will be accomplished? 528
The incident action plan (IAP)
-
What is one of the main reasons we use the incident management system? 528
Firefighter safety
-
What are the 3 different command modes on a structure fire call? 529
- Investigating mode
- Fast attack mode and
- Command mode
-
What is the 3 different ways that the IC uses the critical factors information for the size-up process? 530
- Visual
- Reconnaissance
- Preplan
-
What are the 3 different levels of the incident scene organization? 531
- Strategic level
- Tactical level
- Task level
-
Who operates at the Strategic level? 531
The IC and command staff (FLOP)
-
Who operates at the tactical level? 531
Sector officers (we know them as Branch Directors and Group/Division sups)
-
Who works at the task level? 531
Companies and personnel that are actually doing the work
-
At the very minimum each team that entered the Hazard zone should have? 532
A portable radio
-
How is most communication at the tactical and task level accomplished? 532
Face to face
-
How can you ensure that the receiver completely understood the order and eliminate confusion? 533
Have them parrot the order back to you
-
What are the 2 types of staging? 533
Level I and level II
-
For level I staging what should engine companies not pass up? 533
Don't pass their last water source
-
What is one of the main advantages of staging? 533
It eliminates resources from coming in directly and taking independent action
-
What is the purpose of level II staging? 534
To group units into resource pools
-
Who is normally assigned to the staging area manager position? 534
Normally the 1st officer, from the 1st unit assigned to staging
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