Unit 8

Special Topics in Emergency Service Occupational Safety and Health

Chapter 13

Learning Objectives

• Describe the legal considerations of the safety and health program.

• Describe ethical considerations of the safety and health program.

• Describe financial considerations of the safety and health program.

• Describe health and safety considerations in the diversified workforce.

• Describe the safety and health program implications of future trends and technologies.

Legal Issues

• Tort liability– Strict liability – Intentional liability– Negligent liability– Warrant liability

• Americans with Disabilities Act• Age Discrimination in Employment Act

Legal Issues

• Strict Liability. Violation of the law or other regulations, even if violation is unintentional

• Intentional Liability. Violation of the law or other regulations knowingly and harm results

• Negligent Liability. Person fails to do what a reasonable and prudent person would have done under the same or similar circumstances

• Warrant Liability. Promised service level is not delivered and harm results

Proving liability

In order to prove liability, four elements must be present:

• Duty or standard to act• Breach of duty, either an action or omission• Failure caused the harm• Actual measurable loss or harm

Liability

Potential actions/inactions that can lead to liability:

• Poor or out-of-date plans• Personnel not trained; undocumented or unsafe training• Hazards and risk not identified• Personnel not warned of hazards• Equipment not operated or maintained properly• Standards not present or enforced• Failure to follow the standard of care

Legal Issues

Americans with Disabilities Act: An individual with a disability is a person who has one or more of the following:

• Has a physical or mental impairment that substantially limits one or more major life activities

• Has a record of such an impairment • Is regarded as having such an impairment

• Key element is “reasonable accommodation.”

Age Discrimination Employment Act

Age Discrimination in Employment Act

• The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age and applies to both employees and job applicants.

• Under the ADEA, it is unlawful to discriminate against a person because of age with respect to any term, condition, or privilege of employment including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

• The ADEA applies to employers with 20 or more employees, including state and local governments. It also applies to employment agencies, labor organizations, and the federal government.

Ethical Issues

• Confidentiality essential

Financial Issues

• Annual budget process• Grant funding

– Assistance to Firefighters Grant Program (AFGP)– Department of Justice– Volunteer Fire Assistance (VFA)– Hazardous Materials Emergency Preparedness (HMEP)

Safety Considerations in theDiversified Workplace

• Workforce 2000 findings that may affect how workplace is designed or equipped

– Population growth will slow– Average age of workforce will rise– More women will enter the workforce– White males will be a smaller percentage of the workforce– Minorities will be a larger share of the new entrants into the

labor force

Future Technologies and Trends

• Equipment• Apparatus• Procedures

Summary

• Must look at legal, ethical, and financial issues as well when creating a safety and health plan

• The safety and health officer must have a working knowledge in a variety of subjects