August, 2007 1

www.floridastatefirecollege.org

Fire Service Course DesignFire Service Course DesignLegal IssuesLegal Issues

Chapter 5Chapter 5

Florida State Fire College

Ocala, Florida

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Terminal ObjectiveTerminal Objective

The student will be able to establish a classroom environment that meets the legal ramifications as specified by local, state, and federal rules, regulations, and standards.

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Enabling ObjectivesEnabling Objectives

Upon completion of this section, the student will be able to:Discuss the NFPA role in standards

developmentList and relate the various NFPA standards

relative to the fire service instructorList and discuss the role of local, state, and

federal agencies relative to the fire service instructor

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Define negligence and its affect on the fire service instructor

Describe what constitutes harassmentDiscuss academic honesty and privacy issuesExplain the affects of ADA relative to fire

service instructorsExplain copyright and how it applies to

instructors

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NFPANFPA

Not code unless adopted

They are recommended practices

They are the “standard of care” for the industry

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NFPA vs FloridaNFPA vs Florida

NFPA 1001 (1997) and NFPA 1582 (2000) have been adopted by Florida

Other NFPA standards are used as a basis and in many cases, Florida requirements meet or exceed the NFPA standard

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NFPA vs FloridaNFPA vs Florida

Do not blindly accept the NFPA standards

Check Florida lawState Statute 633Florida Administrative rules 69A-

Many of the rules are part of 69A-37

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Be AwareBe Aware

Any class you design or teach may be subject to Local regulations

Which would include department rules, SOPs or SOGs

State regulations Statutes and Administrative Rules

FederalEPA

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Criminal v. CivilCriminal v. Civil

Criminal requires intent – burden of proof is beyond reasonable doubt – found guilty

Tort – civil wrong or injury – burden of proof is preponderance of evidence – found liable

Purpose of tort action to seek payment for damages to property or injury to individual

Same act can result in civil & criminal consequences

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Liability ElementsLiability Elements

For a cause of action in Negligence:

1. Legal duty to act or not act

2. Breach of standard of care for that duty

3. Breach was proximate cause of damage

4. Injury/damages resulted

All 4 elements must be met for liability!

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Standard for Instruction Standard for Instruction

Often referred to as standard of careNFPA typically serve as national guidelinesFlorida requirements include

Instructor I, II, and III each with different levels of the instructor’s own training

Individual training institutions likely have their own standards

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Breach of DutyBreach of Duty

To prove the element of breach of duty the plaintiff must show that the Defendant did not meet the Standard of Care.

The Standard of Care is what a reasonably prudent person would have done in the same or similar circumstances.

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ForeseeabilityForeseeability

If the instructor knew, or should have known, of a potentially dangerous or damaging situation and did not take action to mitigate the danger.

Example: Not checking to insure all students are properly using all required Personal Protective Equipment (PPE)

Prepare written risk analysis prior to hazardous training – fully brief the students

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Instructor ResponsibilityInstructor Responsibility

Provide training to accepted standards

Adequately prepare

Provide safe training environment

Provide environment effective for learning

(Awareness and correction of harassment,

using proper teaching methods, making

reasonable accommodations, if needed)

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Agency LiabilityAgency Liability

Provide training commensurate to dutySelect qualified instructorsEnsure instructors know agency policyEnsure training is provided in accord with standards in safe, appropriate mannerRespondeat Superior – the agency is responsible for the negligence of the employees (instructors)

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Harassment Harassment

Gordon Graham – police officer turned lawyer offers and excellent description which supplements your text

C A T S I N R OComments, actions, things, sexual in nature

that a reasonable person would find offensive

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Grievance ProceduresGrievance Procedures

Each agency has their own procedureKnow what yours is and follow itBe sure the students know what it isWritten form would be preferred

If there is none where you teach, implement oneAllow students to use the procedure without fear of intimidation

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Precautions to minimize LiabilityPrecautions to minimize Liability

EXERCISE

In your group – brainstorm and list on easel potential areas of liability and beside each one add what could be done to eliminate or mitigate that risk.

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Academic Honesty IssuesAcademic Honesty Issues

Establish rules “up front”

In training centers they may be set up ahead of time and available to the student

In the individual fire department, rules may be based on SOGs or SOPs

In an academic setting, rules should be in syllabus

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Risk ManagementRisk Management

Firefighting is high risk

Training is high risk

Safety firstAre health issues up to date Is prior training appropriate Is proper PPE being utilizedAre you teaching misinformationAre you teaching your own information or accepted

standards

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Confidentiality Confidentiality

Family Education Rights and Privacy Act of 1974Essentially, records of any one over 18 must be

kept confidentialIf they are under 18, parents may view records

HIPPANot only includes the students but use caution

when discussing case studies

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PrivacyPrivacy

Respect the privacy of the students

Do not engage in behavior intended to embarrass or harass

Restrict access to personal information and grades

Do not disclose personal information or grades without consent

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Photo ReleasesPhoto Releases

In public settings it is generally acceptable to take photos of individualsProvided you are not using the photo for

commercial or marketing purposesIf they are, have a release signed. Seek legal

advise or use agency form

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A.D.A.A.D.A.

No discrimination in employment

Employer responsible for certain reasonable accommodations\

Note: an instructor is not required nor expected to lower quality or quantity of standards to make an accommodation

Know your agency policy

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A.D.A.A.D.A.

Protects students with learning disabilities

Reasonable accommodations may include:Extended test timesNote takersAssistance with technological devicesModified assignmentsAlternative assessments and test formats

Worth repeating, know your agency policy

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Copyright LawCopyright Law

Instructors may copy material if guidelines are followed:

1. Purpose of use (nonprofit educational)

2. Nature of work (not text for that class)

3. Amount & substance of copied material in relation to the entire work

4. Will it damage the commercial value

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SummarySummary

Important for instructors to be aware of legal issuesRange from documentation to student and instructor conductUnderstand rules, agency policiesDon’t take shortcutsPart of instructor’s professional responsibility