Description
Book SynopsisTHE LAW HAS EVOLVED & SO HAS LEGAL CONSIDERATIONS The long-awaited 4th edition of Legal Considerations for Fire & Emergency Services is an essential textbook for any course on fire service law as well as an indispensable desk reference for day-to-day fire department administration.
Author J. Curtis Varone, a practicing attorney and experienced firefighter explores comprehensive coverage of the major legal issues in the fire and EMS services, such as:
- Negligence
- Immunity
- Criminal law
- Arson
- Search and seizure
- FLSA wage and hour overtime issues
- Employment discrimination
- Sexual harassment
- FMLA
- Americans with Disabilities Act
- Public records laws
- Open meetings requirements
- Drug testing
- Due process
- Collective bargaining
- OSHA and the relationship between NFPA standards and OSHA enforcement
- EMS-related topics such as consent, DNR orders, living wills, durable powers of attorney for healthcare decisions, and refusals against medical advice
Table of Contents
- Preface
- Acknowledgments
- Fire and Emergency Services Higher Education (FESHE) Correlations Grid
- Introduction
- Chapter 1: TYPES AND SOURCES OF LAWS
- 1.1 Introduction
- 1.2 What Is “The Law”?
- 1.3 Where Do Laws Come From?
- 1.4 Standards and Codes
- 1.5 Civil versus Criminal
- 1.6 Jurisdiction
- Summary
- Review Questions
- Discussion Questions
- Chapter 2: COURTS AND COURT SYSTEMS
- 2.1 Introduction
- 2.2 Courts in General
- 2.3 Jurisdiction
- 2.4 Trial Courts and Appellate Courts
- 2.5 Evidence
- 2.6 Anatomy of a Civil Lawsuit
- 2.7 Federal Court System
- 2.8 State Courts
- 2.9 Stare Decisis and Precedence
- 2.10 How “Decisis” Is “Decisis”?
- 2.11 Lawsuits and the Media
- 2.12 Legal Research
- 2.13 Legal Arguments
- Summary
- Review Questions
- Discussion Questions
- Chapter 3: TYPES OF FIRE DEPARTMENTS
- 3.1 Introduction
- 3.2 What Is a Fire Department?
- 3.3 The Role of a Fire Department
- 3.4 Public Sector versus Private Sector
- 3.5 Types of Entities
- 3.6 Public Sector Fire Organizations
- 3.7 Private Sector Fire Organizations
- 3.8 Conclusions on Fire Department Authority
- 3.9 Volunteer Fire Company Authority
- Summary
- Review Questions
- Discussion Questions
- Chapter 4: ADMINISTRATIVE AGENCIES
- 4.1 Introduction
- 4.2 Administrative Agencies
- 4.3 Occupational Safety and Health Administration
- 4.4 Getting the Job Done
- 4.5 OSHA Inspections
- 4.6 Occupational Safety and Health Review Commission
- 4.7 OSHRC and OSHA
- 4.8 OSHA Violations and Sanctions
- 4.9 Administrative Agencies and Separation of Powers
- 4.10 Exhaustion of Remedies
- 4.11 Jurisdiction and the Term “OSHA State”
- 4.12 State and Local Agencies
- 4.13 Administrative Law Making
- 4.14 OSHA and the NFPA Standards
- 4.15 Application of OSHA to Volunteers and Part-Time Personnel
- Summary
- Review Questions
- Discussion Questions
- Chapter 5: CRIMINAL LAW
- 5.1 Introduction
- 5.2 Statutory and Common-Law Crimes
- 5.3 Federal versus State Jurisdiction
- 5.4 Crimes Must Be Specifically Declared to Be Criminal
- 5.5 Felonies and Misdemeanors
- 5.6 Elements
- 5.7 Criminal Offenses
- Summary
- Review Questions
- Discussion Questions
- Chapter 6: CRIMINAL PROCEDURE
- 6.1 Introduction
- 6.2 What Is an Arrest?
- 6.3 Authority to Make an Arrest
- 6.4 Asserting the Authority
- 6.5 False Arrest
- 6.6 Firefighters and Arrest Powers
- 6.7 Arrest Warrants
- 6.8 Criminal Procedure
- 6.9 Search and Seizure
- 6.10 Chain of Custody
- 6.11 Custodial Interrogations and Miranda Warnings
- 6.12 Accomplice Liability: Parties to a Crime
- 6.13 Conspiracy
- 6.14 Attempts
- 6.15 Criminal Defenses
- Summary
- Review Questions
- Discussion Questions
- Chapter 7: CIVIL LIABILITY ISSUES
- 7.1 Introduction
- 7.2 Intentional Torts
- 7.3 Battery
- 7.4 Assault
- 7.5 False Imprisonment
- 7.6 Intentional Infliction of Severe Emotional Distress
- 7.7 Trespass to Land
- 7.8 Trespass to Chattels
- 7.9 Conversion
- 7.10 Misrepresentation
- 7.11 Bad Faith
- 7.12 Defamation
- 7.13 Invasion of Privacy
- Summary
- Review Questions
- Discussion Questions
- Chapter 8: NEGLIGENCE
- 8.1 Introduction
- 8.2 Elements of Negligence
- 8.3 Fire Service Negligence Cases
- 8.4 Emergency Medical Care and Negligence
- 8.5 Beyond Negligence
- 8.6 Defenses to Negligence
- 8.7 Strict Liability
- 8.8 Respondeat Superior
- 8.9 Joint Liability
- Summary
- Review Questions
- Discussion Questions
- Chapter 9: IMMUNITY FROM LIABILITY
- 9.1 Introduction
- 9.2 Tort Claims Acts
- 9.3 Discretionary versus Functionary Acts
- 9.4 What Is Discretion?
- 9.5 The Other Distinction: Governmental Versus Proprietary
- 9.6 Statutory Immunity
- 9.7 Volunteer Protection Act
- 9.8 Private Nonprofit Volunteer Fire Companies
- 9.9 Limitations on Immunity
- 9.10 The Flip Side of the Special Duty
- Exception: The Public Duty Doctrine
- Summary
- Review Questions
- Discussion Questions
- Chapter 10: CONTRACT LAW AND EMPLOYMENT ISSUES
- 10.1 Introduction
- 10.2 Offer and Acceptance
- 10.3 Contract Formality
- 10.4 Breach and Damages
- 10.5 Authority to Contract
- 10.6 Void or Voidable Agreements
- 10.7 Promissory Estoppel
- 10.8 Fire Service Contracts
- 10.9 Mutual Aid Agreements
- 10.10 Insurance Policies
- 10.11 Purchasing
- 10.12 Employment Agreements
- 10.13 Workers’ Compensation
- Summary
- Review Questions
- Discussion Questions
- Chapter 11: LABOR LAW AND COLLECTIVE BARGAINING
- 11.1 Introduction
- 11.2 Collective Bargaining
- 11.3 Private Sector versus Public Sector
- 11.4 Labor Relations Acts
- 11.5 Good-Faith Bargaining
- 11.6 Impasse Disputes
- 11.7 Scope of Bargaining
- 11.8 Impact Bargaining
- 11.9 Unilateral Changes to Mandatory Subjects
- 11.10 Past Practices
- 11.11 Union Security Provisions
- 11.12 Duty of Fair Representation
- 11.13 Strikes, Slowdowns, Picketing, and Concerted Job Actions
- 11.14 Weingarten Rights
- 11.15 Garrity Rights
- Summary
- Review Questions
- Discussion Questions
- Chapter 12: EMPLOYEE RIGHTS AND DISCRIMINATION
- 12.1 Introduction
- 12.2 Constitutional Rights
- 12.3 Civil Rights Laws
- 12.4 What Is Discrimination?
- 12.5 Proof of Discrimination
- 12.6 Procedural Issues in Employment Discrimination
- 12.7 Affirmative Action—Equal Opportunity
- 12.8 Standard of Review for Constitutional Claims of Discrimination
- 12.9 Americans with Disabilities Act of 1990 (ADA)
- 12.10 State Law Disability Discrimination
- 12.11 Age Discrimination
- Summary
- Review Questions
- Discussion Questions
- Chapter 13: SEXUAL HARASSMENT AND OTHER FORMS OF EMPLOYMENT DISCRIMINATION
- 13.1 Introduction
- 13.2 Sexual Harassment
- 13.3 Pregnancy Discrimination
- 13.4 Religious Accommodation
- 13.5 Clothing, Uniforms, and Grooming Issues
- 13.6 Tattoos, Body Piercings, and Related Issues
- Summary
- Review Questions
- Discussion Questions
- Chapter 14: FAIR LABOR, FAMILY MEDICAL LEAVE, RESIDENCY, DRUG TESTING, ELECTRONIC MONITORING, DIGITAL IMAGERY, AND SOCIAL NETWORKING
- 14.1 Introduction
- 14.2 Fair Labor Standards Act
- 14.3 Family Medical Leave
- 14.4 Residency Requirements
- 14.5 Drug Testing
- 14.6 Electronic Monitoring in the Workplace
- 14.7 Digital Imagery and Social Networking
- Review Questions
- Discussion Questions
- Summary
- Chapter 15: PUBLIC ACCOUNTABILITY LAWS
- 15.1 Introduction
- 15.2 Conflicts of Interest and Ethical Codes
- 15.3 Open Government Laws
- 15.4 Whistleblower Acts and Provisions
- Summary
- Review Questions
- Discussion Questions
- Chapter 16: EMS LAW
- 16.1 Introduction
- 16.2 Law Governing EMS
- 16.3 Assault—Battery—Consent— Capacity
- 16.4 Negligence and the Standard of Care for EMS
- 16.5 Immunity
- 16.6 Confidentiality of Medical Information
- Summary
- Review Questions
- Discussion Questions
- Appendix A: CONSTITUTION OF THE UNITED STATES OF AMERICA
- Appendix B: FOR FURTHER REFERENCE
- Glossary
- Index
