SHORELINE FIRE DEPARTMENT

FIRE OFFICER LEGAL RESPONSIBILITIES

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THE MOST LITIGATED ISSUES IN THE FIRE SERVICE

Source VFIS Insurance

Vehicle Accidents
Intersection most often Excessive Speed

Medical Malpractice Intubations Failure to Transport Dropping Patients General Medical Malpractice Sexual Harassment Non- Sexual Harassment Hazing Civil Rights Violations

People Issues
Termination Hiring Issues Promotional Process

Whistle Blower Retaliation Restaurant & Bar Operations Driving

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WHAT GETS FIRE DEPARTMENTS IN TROUBLE?

ARFF TRUCK OVERTURNS AT ATLANTA AIRPORT

Employer Issues
Age Discrimination in Employment Act Pregnancy Discrimination USERRA Military Leave Immigration Reform and Control Act Religious Discrimination FMLA FLSA HIPAA Violations
Release of Patient Information

Retaliation

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WHAT GETS FIREFIGHTERS IN TROUBLE?

Creating a Hostile Work Environment Internet
Visiting porn sites Social Media

Off Duty Behavior

The Party Domestic Violence

Email Use
Nasty Jokes
Racial Obscene Forwarding racy email

Drug Use
Alcohol DUI

Driving Violations
On duty Off Duty

Inappropriate emails to staff and customers

Policy Violations

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EMS LIABILITY
Vehicle Accidents Criminal and Civil Issues
Abandonment Sexual Assault of a Patient Theft

Getting Lost
Bad Dispatch Information Crew unfamiliarity with service area

Equipment Problems
Dead Defibrillators Empty Oxygen Tanks Inoperable EMS Equipment

Patient Care Issues Dropping Patients Airway Management Improper Extrication Improper Spinal Immobilization Medications - PM
Dosage Problems Overmedication Outdated medication Wrong Medications

Over 80% of EMS lawsuits are not directly related to patient care.

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A TRUEISM
Fire Fighters acting within the discretionary scope of their job are generally immune
It's only egregious actions outside this scope, such as failing to rescue or committing a non-duty violation, that are and should be cause for alarm.

Consider, for example, the following cases:

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Example 1
An 18-year-old Maryland Fire Fighter died after three volunteer Fire Fighters, conspiring to get her drunk so they could have sex with her, left her inebriated, unattended and uncovered in the rear of a pickup truck in 29-degree weather.
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Example 2
Washington State firefighter convicted of killing two in an MVA while driving while intoxicated off duty

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Example 3
A Spokane firefighter accused of having sex with a 16-year-old girl while on duty was "genuinely shocked" when detectives told him she wasn't older.
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LITIGATION IN WASHINGTON
Not a lot of litigation related to fire departments in Washington State There are a couple of rekindle episodes but the court found in favor of the fire department Litigation does occur with fire apparatus v. civilian vehicles or pedestrians Personnel Issues constitute a majority of litigation that generally settles before court Most departments settle the lawsuit prior to the assigned court dates
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FIREFIGHTER AND FIRE OFFICERS DUTIES

Prevention Education Inspection Training Response
EMS, Suppression, Rescue, Service

CUSTOMER SERVICE

PERSONNEL MANAGEMENT
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BASIC ETHICAL RULES

First, do no harm Conduct yourself with high moral and legal ethics on and off duty Do not disclose confidential information. Protect your employees and constituents right to privacy. Do not use or take district resources for personal use. Report misappropriations of public funds to the state auditor. Do not use your position to secure special privileges or exemptions.
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BASIC ETHICAL RULES

Do not lie. Avoid all appearances of unfairness. Do not use force to influence your fellow firefighters . Do not attempt to circumvent or avoid laws and procedures. Do not remove, alter, mutilate, destroy or conceal protected public records. Practice non-discriminatory conduct as an example to others.

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Leadership Qualities for SHORELINE FIRE DEPARTMENT

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HARASSMENT,
HOSTILE WORK ENVIRONMENT

AND DISCRIMINATION ONE OF THE LARGEST AREAS OF LITIGATION

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If we had no sexual harassment we would have no children.

A Russian woman suing her boss for molestation lost her case because, according to the judge, sexual harassment is a good thing.

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Laws & Statutes

Federal Laws
Title VII of the Civil Rights Act of 1964

RCW 28A.640 (Sexual Equality) Chapter 49.60 RCW

Anti-discrimination Statutes Chapter 49.60.010
Law against discrimination
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Sexual Harassment The Law

Quid pro quo cases are classified when a supervisor requests sexual favors in return for some tangible job benefit, such as a promotion, or threatens a tangible job loss, such as termination, if the employee does not capitulate to the sexual advances. JOB ADVANCEMENT TRADED FOR SEXUAL FAVORS Hostile environment cases involve severe and pervasive sexual work environments, including offensive physical touching, vulgar language, pornographic displays, sexual conduct in the workplace, etc. either by managers or co-workers. Hostile environment sexual harassment often affects large groups of employees. SO PERVASIVE THAT YOU CANT DO YOUR JOB!
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Purpose of Policy
To clearly establish the Fire Departments commitment to provide a work environment free from unlawful harassment and hostile behavior; and to provide guidance to any employee who believes he/she has been a victim of such behavior based on race, color, religion, gender, national origin, age, or disability, or any other status protected by applicable Federal, State, or Local law.
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DOCUMENTATION & RELEASE OF INFORMATION

Attention to Detail Personnel Action Response Reports Release of Information
To provide other with the need to know When required by Law When required for 3rd Party Billing In response to a proper subpoena FOIA Valid Public Records Request

DOCUMENTATION IS YOUR BEST PROTECTION

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HIPAA
Fire Departments fall under this regulation if there is a fee for service arrangement with the community

Washington State was far ahead of the rest of the Country on Patients Rights Most Fire Departments have adopted in some form, the HIPAA rules by policy
Controls release of information to non-authorized individuals Cops?
Under RCW 18.73.270 it is permissible to provide verbal report to police officer if a crime is involved.

Medical Staff at hospital? Calling into medical facility for patient outcomes Coffee Table Discussions? Barber or Beauty Shop discussion? Medical Record Reviews? Medical Documentation Control of the document

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Recent HIPAA Litigation

Release of Random Drug Testing Results Raise HIPAA Challenge
Zepher Fire Department (Fla)

Posting Response information on Face Book or other social media with patient identifiers
NYC - Paramedic

CVS Caremark Services $2.5 Million to settle charges of HIPAA privacy violations.
The settlement stems from allegations that CVS pharmacy employees threw items containing sensitive patient information in the trash.
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DRIVING

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Authorized emergency vehicles

RCW 46.61.035 Rules of the Road (1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.
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STATISTICS - 2009
27 firefighters died in vehicle crashes.
In addition to those deaths, one other firefighter was struck and killed by a vehicle.

Nineteen of the 27 firefighters killed in crashes were responding to, or returning from, incidents when the crashes occurred.
All but one were single-fatality crashes.

Ten of these victims were driving their personal vehicles Sixteen of these victims were driving or riding in pumpers or water tenders (tankers)
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Fire chief, firefighter killed in Rocky Mount fire truck crash Fire engine flipped and landed on its roof
July 27, 2010

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Apparatus
August 6, 2005 accident in California Michael Arizaga, 47, Riverside County FF Charged with vehicular manslaughter for apparatus rollover accident that killed FF Christopher Kanton, 23 CHIPs said Arizaga: Driving too fast for the rainy conditions Had not disengaged engine braking system Failed to ensure that all firefighters aboard the engine were wearing seat belts Charges were later dropped
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FIRE APPARATUS ACCIDENTS

Overall, there is an annual average of 2,472 fire apparatus involved in traffic collisions in the United States. These accidents result in:
deaths to fire apparatus occupants; injuries to fire apparatus occupants, death of civilians involved in fire apparatus accidents high settlement to the injured or killed and high worker compensation costs.
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Firefighter Deaths 2009

NFPA and USFA reports 2009

MOTOR VEHICLE CRASHES Fifteen firefighters died Six firefighters were killed in crashes involving their personal vehicles and three died in water tender (tanker) crashes. Two issues have historically been most often involved in crashes that take the lives or injure firefighters.
Speed and a lack of seat belt use historically contribute to the death and injuries of firefighters.
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NFPA
NFPA 1002, Fire Apparatus Driver/Operator Professional Qualifications EVAP EVOC

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SEAT BELTS SAVE LIVES

Of the deaths in road vehicles,
A majority of the victims were not wearing seat belts Eight were ejected.
Source NFPA 2009

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AMBULANCE
6,500 crashes per year (18/day), nationwide. Crashes injure 10/day, kill 36/year, nationwide. (usually in the other vehicle) Kills more EMS providers than all other causes combined!!! Results in the most EMS lawsuits. Crashes account for 10 ambulance lawsuits for every 1 malpractice lawsuit.

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AMBULANCE STATISTICS
Average settlement when an injury occurs: $1,000,000.00.
Ambulance crashes cost over $500 million/year, nationwide.

Of 339 fatal crashes between 1987 & 1997, almost 41% of ambulance drivers had a prior incident record. EMTs have a higher rate of death in crashes than police officers and firefighters COMBINED! The most dangerous part of the job is responding to and returning from a call!!!

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WHY SO MUCH INJURY?

Failure to use restraints Cabinet placement & latches Unsecured heavy equipment Unsafe ambulances
Design and overloading

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SOCIAL MEDIA

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Social Media
Cell Phone Cameras Facebook Twitter Blogs Issues?
NYC Fire Paramedic Spalding County Georgia COLLETON COUNTY, S.C. A firefighter-paramedic has been fired over a video he posted on Facebook of an exchange between two cartoon characters at a hospital. A former New York City emergency medical technician has pleaded guilty to misconduct charges, admitting he posted a cell phone photograph of a corpse taken at a crime scene on Facebook.

Policy

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Extreme Case
Israel Defense Forces called off a raid in Palestinian territory The Israel Defense Forces called off a raid in Palestinian territory after a soldier posted details, including the time and place, on the social networking website Facebook.
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CASE LAW
Some cases from around the country affecting the fire service

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Indiana Fire Truck Crash Kills Citizen

Driver killed in the crash failed to yield to the fire truck, causing the accident. The fire truck was traveling south with its emergency lights and siren as a 2000 Ford Taurus was traveling east.
Both vehicles entered the intersection at the same time.

The fire truck pushed the Taurus into a 1999 Mercury Mountaineer and a 2007 Toyota Avalon, both of which were traveling north

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Houston Fire Department

On March 30, 2009, victim was standing at a street corner with her bicycle, when a Houston Fire Department ladder truck responding to an alarm collided with an engine company, and rolled on top of her.
The 29 year old woman died from her injuries two weeks later on April 11, 2009.

Boones estate filed suit against the Houston Fire Department for wrong death, and in particular cited the competitive manner in which fire stations rush to incident scenes as a contributing factor in the accident. A total of 11 people were injured in the crash, 9 of them firefighters.
Settled for $225,000.00
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------- continued
The investigation revealed that the ladder truck had the red light, and the engine had the green light. However, additional factors appear to have been involved that tend make the color of the light less of an issue. One report noted that just prior to the crash the ladder was traveling at 18 mph, 12 mph below the speed limit, while the engine was traveling at 52 mph, 22 mph over the speed limit.

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Gender Discrimination
Fresno Fire Dept.
3/2010

A federal judge affirmed a nearly $2.5 million gender discrimination verdict in favor of a woman who was forced out of the Fresno Fire Department's training academy. The recruit sued the Fire Department in 2008, saying fire training academy supervisors repeatedly asked her personal questions, set her up to fail certain tasks and unfairly graded an exam.
Male candidates didn't face the same treatment, her suit said.

The federal court jury found Friday that 39-year-old was a victim of gender discrimination.
She said a supervisor during her time at the academy repeatedly asked her about her divorce and suggested she was slacking because she was a single mother.

The cash-strapped city will have to shell out $2.46 million, plus attorney fees that could top $1 million.
Settled at $3.3 million with the attorneys fees at $900,000.00
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Volunteer Fire Fighter Dies and Two Others Are Injured During Live Burn Training
NIOSH 2001-38

On September 25, 2001, a 19-year-old male volunteer fire fighter died and two male volunteer fire fighters were injured during a multi-agency, live-burn training session. The victim and Fire Fighter were playing the role of fire fighters who had become trapped on the second-level of the structure.
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LEGAL IMPACT
Assistant Chief charged with Manslaughter Convicted of criminally negligent homicide Sentenced to jail with five years probation. Avoid contact with any fire department under this five-year term of probation
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Two Firefighters Die in Fall from Ladder Truck Kilgore Texas, 2009
New Ladder Truck delivered and firefighters were training on it when the accident happened. Two Firefighters were in the bucket of a 95' E One rear mount platform truck when they fell approximately 8 stories.
Two other firefighters were treated for injuries suffered trying to reach the fallen firefighters. Estate of one of the deceased firefighters files lawsuit against the Department in October 2010

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ESTATE OF David V. MORGAN v. NORTH KITSAP F&R

Paramedic Timothy Gates, employee of North Kitsap Fire and Rescue caused David Morgan's neck to fracture in the course of intubating him while en route to the hospital. The fractured neck led to Morgan's death shortly thereafter. Because the Estate of David Morgan failed to produce evidence of Gates' gross negligence, we affirm the trial court's grant of summary judgment in favor of NKFR. NEGLEGENCE IS THE KEY ELEMENT
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Paramedic Immunity
RCW 18.71.210 provides paramedics with qualified immunity from liability for their acts or omissions in rendering emergency medical services. Qualified immunity is immunity from suit, not simply from liability.
The Paramedic Civil Immunity Act RCW 18.71.200-.210 clearly and unambiguously states that no liability shall be occasioned by the good faith rendition of "emergency lifesaving service" by a paramedic. Sometimes called EMS Immunity Act

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Goodman v. City of New York FD 03-CV-2497 (S.D.N.Y.) FDNY EMS

Responding to a little old lady residing in a multi-story building Nature of Call - mental issues Take elevator to 40th floor and proceed to apartment Attempt to talk little old lady into allowing EMS to enter her apartment. She refuses and they bust down the door breaking her arm in the process. Little old lady denies that her name is Vivian EMS personnel insist that it is Vivian Force her to gurney and take down to street.
On-divert to another hospital while waiting for a hospital assignment, patient essentially in a flimsy nightgown in full view of the passing public

Arrive at hospital upon admit to ER, discover that her real name is Janet and not Vivian. EMTs responded to the wrong building, kicked down her door, broke her arm and kidnapped a patient the wrong patient, supposedly mentally defective.
Litigated and Settled
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Baltimore Training Death

February 9, 2006 Baltimore fire cadet collapses during live fire training and later dies - 2 others injured helping her
Investigation showed seven fires were set
NFPA 1403 only allow one

Training division chief and lead firefighter instructor suspended for not following safety procedures
Chief fired

Family files lawsuit against department in August 2010 for $35 million
Tossed out of Federal Court in December 2010 as there were no civil rights issue returns to State court

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OFF DUTY BEHAVIOR

May 15, 2002 - Old Bridge, NJ Off duty firefighters met rock stars at a bar & began drinking Moved party back to firehouse/bar in basement At 2 a.m. rode around town CODE 3 in fire equipment
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------continued
Band posted story on its website w/photos
Photos of woman exposing breasts while sitting in chiefs Suburban

Taxpayers complained Subsequent news articles allege band exploited FDs hospitality and manipulated star-struck firefighters

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We are on the Radar Screen!

Suits are increasing in number The public will not tolerate incompetence from EMS or Fire Aggressive proactive risk management can stop trouble before it starts Fire Officers and Firefighters need to work together to manage risk You must know the law!
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THE END

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