In this column, members of the FDIC legal expert panel will respond to reader-submitted written questions related to legal issues. We will try to answer as many questions as possible, and in some instances, we will refer readers directly to attorneys in their home states.提交法律问题，CLICK HERE.Every reader is reminded that the answers the attorneys in this column provide are generic in nature, and do not constitute specific legal advice, since each state may have different legal standards that apply. Always consult a licensed attorney in your home state.
Is there a danger if a fire department does not train to standards such asNational Fire Protection Association 1001,Standard on Professional Qualification for Firefighters, or is it sufficient to train to an internal, local standard set by the local jurisdiction?
John K. Murphy: Establishing a minimum training standard for firefighter training as found in NFPA 1001 will provide a basis of training for entry level training for career or volunteer firefighters.
The NFPA 1001 standard identifies the minimum job performance requirements for career and volunteer firefighters whose duties are primarily structural in nature and the purpose of this standard shall be to ensure that persons meeting the requirements of this standard who are engaged in firefighting are qualified. It shall not be the intent of the standard to restrict any jurisdiction from exceeding these requirements (
What are NFPA Standards? They are consensus standards developed by specific industries to set forth widely accepted standards of care and operations for certain practices. Standards are an attempt by the industry or profession to self-regulate by establishing minimal operating, performance, or safety standards, and they establish a recognized standard of care. They are written by consensus committees composed of industry representatives and other affected parties. The NFPA has many standards which affect fire departments. The standards should be followed to protect fire and rescue personnel from unnecessary workplace hazards and because they establish the standard of care that may be used in civil lawsuits against fire and rescue departments.
Does the application of NFPA Standards apply to volunteer firefighters? In most cases, compliance with NFPA standards is voluntary. However, in some cases, federal or state-compliantOccupational Safety and Health Administration (OSHA) agencies从NFPA标准注册的措辞regulations for all firefighters, regardless of their status with a fire department. Many state and local governments have placed the NFPA 1001 standards into their laws, codes, and regulations based on the training standards as found in the NFPA sections or training that guide fire department response and training. Regulation to establish minimum training requirements for fire suppression personnel following a national standard only makes sense from the safety, financial, and legal standpoints. When a state incorporates those standards into their codes, the compliance with the standards is mandatory. For example, in the state of Washington, the legislature has promulgated regulations that guide the safety standard for fire suppression and, in general, all activities of the fire department. They are found in the Washington Administrative Code (WAC) Chapter 296-305 WAC – Safety standards for firefighters and in the Revised Code of Washington (RCW), RCW 43.43.934 which covers the state fire protection policy board and their duties and provides direction for fire training and an education master plan.
不管遵守NFPA标准是自愿还是强制性的，消防和救援部门都必须考虑“自愿”标准对民事（侵权）诉讼的影响。在某些州，部门可能会对其职责的过失责任承担责任。即使在根据豁免法规保护救援人员的州，大多数州法律也不保护消防或救援部门严重疏忽的行为。本质上，疏忽涉及违反护理标准，从而导致其他个人或组织损失受伤或损失。我们面前的问题与消防员的安全有关，并减轻消防部门在初次或继续培训消防员人员时可能面临的任何风险。NFPA 1001标准仅仅是衡量技能资格和消防员在结构性事件中完成工作的能力的性能标准。对于我们大多数人来说，这个标准是我们训练的福音。
The question is: “What if we do not follow this training standard or apply our own personal or traditional department standard?” What happens if one of our firefighters is injured or dies during a structural response or during training? The answer is not a simple one. Standards are set, like policies are created, because there is a need to regulate behavior and to provide a safe operating environment. In the early days of the fire service, each jurisdiction would create some type of training standard because of the nature of their business, by the incumbent fire chief, training officer, firefighters, or neighboring jurisdictions. Some “standards” were inherited by the current staff and firefighters because “it’s just the way we do it–and we are not changing.” After many firefighter fatalities, lack of coordination between responding jurisdictions, or someone got tired of creating a “lesson plan,” our industry brought together a group of experts to formulate these standards.
为什么这些标准重要?安全是primary reason. The secondary reason should be the fear of litigation.
例如，一家发动机公司正在他们的学院参加定期安排的培训演变，当时一名官员建议他在一本贸易杂志上看到一个动作。进化涉及使用地面梯子以极低的角度放置在“逃生”窗口的窗台下方的地面梯子中逃脱。允许允许，其中一名消防员企图进行操作，要求他首先退出窗户，并在四分之一的时候向下移动梯子。消防员失去了平衡，摔倒了梯子，摔断了腿。
Although the initiative to try a new technique is highly commendable and should not be stifled, all training evolutions require careful consideration and verification that safeguards are in place. Further, the head-first ladder escape (or ladder bail/slide) is considered the escape method of last resort, and training on this technique should only occur in controlled situations.
What is a standard?Webster’s Dictionaryindicates that a standard is something established by authority, custom, or general consent as a model or example. What is a guideline? Again, our friend Webster indicates that a guideline is an indication or outline of policy or conduct. Why do we have standards and guidelines? For the very reason that NFPA 1001 was created–to provide a common method of training for firefighters in a structural environment. The training standard can meet or exceed published standards as noted in NFPA 1001, but certainly no less a standard should be created or adopted.
The Law
During the investigative period by the plaintiff’s attorney, the question asked is: “if not, then why not?” If you did not have training standards that closely parallel or exceed NFPA 1001, then “why not?” would be the question the plaintiff’s attorney would ask. Would you be liable for an injury to your firefighter because of incomplete, negligent, or absent training? Plaintiff’s attorneys would apply a standard of care analysis to this situation. The standard of care would look at a negligence standard that includes duty of care, breach of that duty, causation, and damages. If your firefighter is injured, can you be civilly or criminally charged with negligence? You can be held liable if there were factors of negligence or violations of the local or state law discovered in the means and methods of training in your organization causing injury or death to a firefighter.
NFPA标准是由首席官，志愿者代表，工会官员和行业代表制定的建议和准则。它们本身并不具有法律约束力，但是无论NFPA标准是否已在本地采用，它们都成为该行业的“护理标准”。当考虑诉讼时，律师通常会在确定其行动方案时转向适用的护理标准。政治司法管辖区的决策者决定可接受的风险水平和他们将容忍的责任程度。一般来说。这种标准的使用将指导律师确定将针对全国制定标准设定的“培训标准”。目前，不幸的是，我们开始在不使用NFPA 1403中指出的现场火灾训练指南的领域看到很多诉讼Standard on Live Fire Training Evolution.
因此，本文开头提出的问题的简短答案是YES，训练除了国家标准以外的其他标准存在危险。在当今的诉讼社会中，一名受伤的消防员将寻求将受伤的责任归咎于像您这样的深层袖珍组织，因为您未能正确训练消防员以获得全国认可的标准。作为一名律师，如果您的员工敲门并lim到我的办公室，我将寻求这些标准和其他标准。
约翰·墨菲（John Murphy）于2007年退休，担任华盛顿州伊萨夸（Eastside Fire and Rescue）的副局长，在华盛顿州伊萨夸（Issaquah）和华盛顿的萨米米什（Sammamish）担任副总裁，经过32年的服务。他作为律师的法律重点涵盖了私人和公共实体的就业惯例责任，就业政策，医疗事故，人身伤害，内部调查以及风险管理咨询。自1977年以来，墨菲（Murphy）一直是华盛顿州的持牌医师助理，重点是初级保健和急诊医学。他曾在美国海军（1969-1973）担任越南海军陆战队的战斗军。
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Subjects: Fire service legal issues, firefighters and the law, fire department liability, live fire training liability
