Presentation on theme: "IDPH Lead InstructorUnit 31 EMS LEAD INSTRUCTOR TRAINING PROGAM Legal Implications Douglas Richardson EMT-P."— Presentation transcript:
IDPH Lead InstructorUnit 31 EMS LEAD INSTRUCTOR TRAINING PROGAM Legal Implications Douglas Richardson EMT-P
IDPH Lead InstructorUnit 32 Objectives Define harassment and explain how the law applies to instructors. List the elements of an equal opportunity statement. Describe the formal and informal grievance procedures.
IDPH Lead InstructorUnit 33 Objectives State two responsibilities instructors must fulfill toward students. State the four essential elements in a claim of negligence and explain each. State three duties of the instructor that, if breached, could result in a negligence claim.
IDPH Lead InstructorUnit 34 The Opportunity and Responsibility of Teaching Exponentially increased impact Possible problems in the EMS system –Declining volunteerism –Turf problems –Political problems –Budget problems
IDPH Lead InstructorUnit 35 The Opportunity and Responsibility of Teaching Responsibilities of the EMS instructor –All contractual obligations must be met. –Clearly defined standards –Respectful and fair treatment
IDPH Lead InstructorUnit 36 Legal Issues and Their Classroom Application Instructors will be held accountable for transgressions in the classroom in much the same way as employers and workers are accountable in the workplace Regulation of employment practices. Instructor accountability
IDPH Lead InstructorUnit 37 Harassment Harassment includes all behavior that serves to embarrass, demean, disgrace, humiliate, or intimidate another.
IDPH Lead InstructorUnit 38 Sexual Harassment Sexual harassment is illegal in the workplace and the classroom, according to Title VIII of the 1964 Civil Rights Act. Instructors must be aware that their behavior, even if intended as friendly banter can be misinterpreted. Individuals who believe themselves to have been sexually harassed have recourse through the legal system.
IDPH Lead InstructorUnit 39 Sexual Harassment Unwelcome sexual advances Suggestive or lewd comments Unwanted hugs, kisses, touches Requests for sexual favors Retaliation for denouncement of sexual favors Derogatory or pornographic posters, cartoons, or drawings
IDPH Lead InstructorUnit 310 Discrimination Preferences vs Prejudices Everybody has individual preferences. Discrimination occurs when preferences lead to unfair treatment. Preferential treatment of a favorite student is another form of discrimination.
IDPH Lead InstructorUnit 311 Equal Opportunity Statement The EMS community is committed to the principle that access to study or employment opportunities be accorded to each person on the basis of individual merit and without regard to race, color, religion, national origin, disability, gender sexual orientation/preference, or age (except where these factors are bona fide occupational qualifications.)
IDPH Lead InstructorUnit 312 Americans With Disabilities Act of 1992 (ADA) Purpose of the act. –Prevents discrimination against mentally or physically challenged individuals. –Protects qualified applicant with a disability can perform the essential job functions with or without reasonable accommodation Note: ADA does not impose affirmative action obligations.
IDPH Lead InstructorUnit 313 Americans With Disabilities Act of 1992 (ADA) Definitions Disability: physical or mental impairment that substantially limits a major life activity. Major life activities: hearing, seeing, breathing, performing manual tasks, walking, caring for oneself, learning, or working.
IDPH Lead InstructorUnit 314 Americans With Disabilities Act of 1992 (ADA) Definitions Essential job functions are those basic job duties essential to performance Reasonable accommodation must be provided, unless it would be an undue hardship, defined as a significant difficulty or expense.
IDPH Lead InstructorUnit 315 Americans With Disabilities Act of 1992 (ADA) ADA prevents discrimination in: Recruitment Hiring Promotion Pay
IDPH Lead InstructorUnit 316 Americans With Disabilities Act of 1992 (ADA) ADA prevents discrimination in: Training Job assignments Benefits Firing
IDPH Lead InstructorUnit 317 Americans With Disabilities Act of 1992 (ADA) Job analysis and functional job descriptions Functional job descriptions define exactly what the basic duties will be in specific jobs, such as a paramedic. Within the EMS profession, functional job descriptions have been identified via job analysis for specific positions.
IDPH Lead InstructorUnit 318 Classroom Application of ADA In the event a mentally or physically challenged individual is enrolled in a course, instructors must make reasonable accommodation approved by the state EMS office to assure them of the full benefit of the instruction. Those accommodations made in the classroom may not be the same as those approved for certification.
IDPH Lead InstructorUnit 319 Confidentiality Never compromise the privacy of: –Your student –Your patients
IDPH Lead InstructorUnit 320 Recourse Individuals have recourse against unfair treatment. If discrimination results in adverse circumstances for a student, legal recourse may be appropriate.
IDPH Lead InstructorUnit 321 Grievance Processes Grievance procedures are established processes that can be used to redress perceived wrongs. –Formal –Informal
IDPH Lead InstructorUnit 322 Grievance Processes Informal First step Brought to the attention of the party involved. Brought to the attention of other individuals responsible for the course.
IDPH Lead InstructorUnit 323 Grievance Processes Formal If attempts to resolve the conflict have been unsuccessful. Or if the individual chooses not to seek redress informally. A formal grievance procedure can be filed.
IDPH Lead InstructorUnit 324 Grievance Processes Typically, a written complaint would detail: The event(s) and fact(s) upon which the complaint is based. The issue(s) in question
IDPH Lead InstructorUnit 325 Negligence Context of responsibilities –To whom are we responsible To our students To our student’s patinets Relationship between all parties –Institutes –Clinical sites –Hospitals
IDPH Lead InstructorUnit 326 Negligence “Gray areas” in the law –Not many cases decided –Law is hard to find –Claims being made, but they don’t go to court –Law is dynamic, always changing.
IDPH Lead InstructorUnit 327 Negligence Law suits against EMS professionals can and do occur. –Vehicle operations –Poor patient care
IDPH Lead InstructorUnit 328 Negligence Four elements of negligence There must be a duty to act There must be a breech of that duty There must be harm to the person The harm must be a direct result of the breach of duty
IDPH Lead InstructorUnit 329 Why Do People Sue and How Can I Prevent It? People sue because they are mad and feel that they have been poorly treated. People do, however, accept human mistakes
IDPH Lead InstructorUnit 330 OSHA Occupational Health and Safety Act of 1970 OSHA regulates employment environments and practices to ensure the health and safety of employment environments and practices to ensure the health and safety of our nation’s workforce.
IDPH Lead InstructorUnit 331 OSHA Occupational Health and Safety Act of 1970 EMS Instructors need to make students in EMS courses aware of applicable on-the-job OSHA regulations for the courses that they teach. For example, OSHA regulates procedures and practices for employee protection regarding exposure to blood-borne pathogens.
IDPH Lead InstructorUnit 332 Negligence In The Classroom Duty to provide a safe learning environment. Infectious diseases Physical danger Classroom and site issues Equipment Personal space issues
IDPH Lead InstructorUnit 333 Negligence In The Classroom Duty to warn Doctrine of assumption of risk Duty to provide adequate instruction Duty to the student’s future patient’s
IDPH Lead InstructorUnit 334 Documentation And Other Safeguards How well drafted are your clinical agreements? Who is responsible for the student while on clinical rotation? Who does the student turn to if there are problems? Are all of these policies in writing?
IDPH Lead InstructorUnit 335 Documentation And Other Safeguards What insurance requirements do you have for the students? Are the program administrators insured if a student inadvertently hurts a patient? Are the individual instructors insured?
IDPH Lead InstructorUnit 336 Documentation And Other Safeguards Types of Records Communication –Between instructors –To course coordinator –Establish what happened
IDPH Lead InstructorUnit 337 Application Define harassment and explain how the law applies to instructors. List the elements of an equal opportunity statement. Describe the formal and informal grievance procedures. State two responsibilities instructors must fulfill toward students.
IDPH Lead InstructorUnit 338 Application State the four essential elements in a claim of negligence and explain each. State three duties of the instructor that, if breached, could result in a negligence claim.
IDPH Lead InstructorUnit 339 Review Harassment includes all behavior that serves to embarrass, demean, disgrace, humiliate, or intimidate another. Grievance procedures are established processes that can be used to redress perceived wrongs. –Formal –Informal
IDPH Lead InstructorUnit 340 Review Responsibilities of the EMS instructor –All contractual obligations must be met. –Clearly defined standards –Respectful and fair treatment
IDPH Lead InstructorUnit 341 Review Four elements of negligence There must be a duty to act There must be a breech of that duty There must be harm to the person The harm must be a direct result of the breach of duty
IDPH Lead InstructorUnit 342 Summary The intention of this lesson is to increase awareness regarding issues with legal implications. By no means should the information contained here be construed as legal advice in specific circumstance.
IDPH Lead InstructorUnit 343 Legal Implications Questions?