Firelawblog.com
OSHA Proposes Major Changes to Regulations for the Fire Service
WEBThe US Department of Labor’s Occupational Safety and Health Administration (OSHA) has unveiled a proposed overhaul of 29 CFR 1910.156, the Fire Brigade Standard. It is seeking input from the public prior to implementing the changes. Enacted in 1980 and not updated since, the Fire Brigade Standard has had a rather …
Actived: 9 days ago
URL: https://www.firelawblog.com/2024/02/15/osha-unveils-major-changes-it-proposes-for-the-fire-service/
Terminated Florida Firefighter Alleges Disability Discrimination
WEBPosted by: Curt Varone April 1, 2024 0. A Florida firefighter-paramedic who was terminated after a cardiac related event in 2023, has filed suit alleging wrongful termination and disability discrimination. Michael Samuels filed suit today in US District Court for the Southern District of Florida against the Key Largo Volunteer Fire Department.
New Maine Law Requires Gas Detectors in Most Occupancies
WEBA new law in Maine went into effect on January 1, 2022 that mandates the installation of gas detectors in a broad range of occupancies, including multi-family residences and rental units. The law was enacted after a propane explosion on September 16, 2019 in Farmington claimed the life of Fire Captain Michael Bell. More on the …
OSHA Extends Deadline to Comment on New Fire Service Regulation
WEBFor those who have been following the proposed updated to 1910.156 that will be impacting the fire service when implemented, OSHA has announced that the deadline for submitting comments has been extended to JUNE 21, 2024. The previous deadline for submitting comments was May 6, 2024. The proposed changes turn OSHA …
Deaf Firefighter Claims Maryland County Violated Disability
WEBAn applicant to a volunteer fire department in Prince George’s County who was rejected because he is deaf, has filed suit claiming disability discrimination. Charles Hine filed suit last week in US District Court for the District of Maryland naming Prince George’s County and Prince George’s County Fire and Emergency Medical Services
Thirty Jacksonville Firefighters Challenge Clean Shaven Requirement
WEBPseudofolliculitis Barbae is a medical condition that causes significant pain, severe bumps, scarring, and deformities on the skin of afflicted individuals if they shave with a razor in order to be completely clean shaven. “Clean shaven” is defined as having no facial hair whatsoever, and the policy requires active duty firefighters to use
Power of Attorney and the Right to Decline Aid
WEBA power of attorney is essentially a formal authorization that allows one person to act on another person’s behalf. For a power of attorney to be valid the person creating it must be competent when it is signed. This fact limits the use of a power of attorney for people who lack mental capacity, such as someone in a coma or with …
Polk County Prevails in First Amendment Suit By Medical Director
WEBThe 11th Circuit Court of Appeals has rejected the appeal of a doctor who claims she was wrongfully replaced as the Polk County Fire Department’s medical director after she voiced concerns about the handling of an African American candidate with a medical condition. Dr. Nancy King served as the occupational health director for Polk …
Three Westfield Firefighters Reinstated by Civil Service Commission
WEBThe Massachusetts Civil Service Commission delivered a stunning rebuke to the City of Westfield criticizing the handling of a disciplinary investigation against three firefighters who were involved in reporting concerns about sexual harassment. In doing so the Commission ordered the reinstatement of Captain Rebecca Boutin, FF Kyle …
Medical Confidentiality and HIPAA Hysteria
WEBHere is another provision of the medical confidentiality law that fire departments and EMS providers need to be particularly cognizant of: § 5-37.3-4 (c) Third parties receiving and retaining a patient’s confidential health care information must establish at least the following security procedures: (1) Limit authorized access to …
Court Rejects FDNY Widow’s Suit to Recover 9-11 Related Benefits
WEBThe widow of a retired FDNY firefighter who died of cancer in 2018 has failed in her suit to recover from the World Trade Center Volunteer Fund or workers compensation. Maria Fierro-Switzer filed suit against the WTCVF and the Workers’ Compensation Board arguing that despite being retired, her husband should be eligible …
Illinois Firefighter Injured During Live Burn Denied Health Benefits
WEBAn Illinois firefighter who was catastrophically injured in 2016 during a live fire training exercise, has lost his appeal to get health insurance benefits that are available to firefighters injured when responding to actual emergencies. Sean T. Heneghan was a firefighter for the City of Evanston. On June 10, 2016, he slipped off the roof of a
NY Volunteer Cannot Sue For Disability Discrimination Under State …
WEBThe fire department and Chief Whelan moved to dismiss Morrone’s state law claims contending that the New York State Human Rights Law prohibits discrimination of employees on account of disability, but not volunteers. N.Y. Exec. Law § 296 (9) (a) states: “It shall be an unlawful discriminatory practice for any fire department or fire
Investigation Launched into California Medics
WEBPosted by: Curt Varone December 16, 2021 0. The Rialto Fire Department is investigating allegations that two of its medics refused to enter a medical facility to treat and transport a man in cardiac arrest. The incident occurred on November 17, 2021, and some of it was captured on the body-cam of a local police officer, Ralph Ballew.
Part Time Full Time Distinction
WEBThe Patient Protection and Affordable Care Act (PPACA), commonly referred to as Obamacare or the Affordable Care Act, was signed into law by President Obama on March 23, 2010. Employers of more than fifty full-time employees must offer their full-time employees affordable health care, or pay a penalty. For purposes of the PPACA, a full …
HIPAA Violation Results in $65k Settlement
WEBHere is a copy of the Resolution Agreement, which includes the Corrective Action Plan as an appendix. 2019-West-Georgia-Resolution-Agreement Download. It should be noted that the “resolution amount” here, $65,000, is a modest one. There are health care providers who have been fined in the millions. Take a look at HIPAA News Releases.
Fire Law Annual Review for 2023
WEB4-Sep-2023. Fire Agencies Seek Over $120 Million in Damages for Two California Wildland Fires. $120,000,000. 9-Feb-2023. Flint Facing $50 Million Suit Over Fire Deaths. $50,000,000. 18-Aug-2023. Oregon Fire District Faces $20 Million Suit by Fired Chief. $20,000,000.
Maryland AG Says Patient Photos Trigger HIPAA
WEBThe Maryland Attorney General’s office has issued a memo to EMS providers and personnel stating that photos taken of patients who are identifiable constitutes “individually identifiable health information” under HIPAA, the release of which through any means (including social media) is a violation. The memo was dated May 30, 2013 and …
STATE OF NEW JERSEY
WEB42 The court may award: 43 (1) actual damages, but not less than liquidated damages. 44 computed at the rate of $1,000 for each violation of this act; 45 (2) punitive damages upon proof of willful or reckless disregard. 46 of the law; (3) reasonable attorney’s. reasonably incurred; and. (4) 3.
Lawsuit Claims Spinning Stokes Litter During Helicopter Rescue …
WEBPosted by: Curt Varone June 8, 2020 0. A woman who was being raised in a stokes litter that began spinning wildly out of control last year during a helicopter rescue, has filed suit against the Phoenix Police and Fire Departments. Katalin Metro and her husband George, filed suit last week in Maricopa County Superior Court claiming the incident
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