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To EMT or not to EMT
A volunteer FF/EMT buddy of mine was recently written up on his non FF job for rendering care to a person down.
His boss said that it does not matter if he's a certified EMT or not, when he's working he's not to treat anyone because it makes the company liable for his actions
He took the write up but cited in his written response that as an EMT he has a duty to act under state law and if liability is such an issue, why did he pay for everyone else to have CPR training? because they are covered by the good sam law and that insulates him?
He wanted a written order from his boss telling him that he is not to treat anyone while he's working. The boss refused and threated to write him up for insubordination and he let it go
he came to me for advise and i told him that i didnt know what to tell him but i would treat first then worry about the fallout later because i would not let a person suffer when i have the training to intervene
can anyone give me some direction based on any law i\on how to handle this?
comon sense tell me that an employer cant order you to standby and let somebody die
Replies to This Discussion
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Permalink Reply by John Crabbe on
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if you are a volunteer who likes to wear flashy "look at me" coats with EMT badges and patches all over it and your agencies name on it as well you could be in trouble for not helping. If someone sees the coat and you walk right by without rendering aid they will attack your agency and say their members refused to help someone, so if you advertise you are an EMT be prepared to help whoever needs it.
In the court of public opinion, yes, such lack of response could be an issue. It would be wise of any dept to ensure there are rules regarding departmental clothing to be worn when one is on duty.
I have been to several depts during travels and I like to get t-shirts etc. I was in Newport, RI and was able to get a shirt from the dept there, but the FF did ask that I didn't wear it while there. For our department duty shirts are only to be worn while one is on duty and for visitors looking to purchase a shirt, we have several non-duty shirts for much of the same reason.
What makes things a bit gray, is our old duty shirts. After switching logos, most of us have "old" uniform shirts and polos that we can't wear on duty, and we were asked not to donate any clothing to places like Goodwill etc. Many end up to be rags or workout attire, but were given the OK to wear old style uniform shirts off duty.
The reason you have a gray area is just because one is wearing such a shirt, they are by no means considered on duty or subsequently have a duty to act. It can become difficult to truly say that someone wearing a shirt must render aid, even if off duty. The argument that can be posed is the person wearing the shirt may not be the person trained or even a member of the dept. Take someone wearing an FDNY shirt.....these shirts could be bought almost anywhere, but does it mean the person wearing it has a duty to respond? No, they don't. In the court of public opinion, that could be a fight that shouldn't have to take place, but could take time to improve an image.
May as well throw it out since it somewhat pertains. If you are going out to a bar or some type of party and drinking in public.....don't wear your dept's shirt.
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Permalink Reply by Russ on
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(funny story)-i got written up by a lieutenat for wearing a "battalion chief's" shirt from a department out of state
i fought the write up (just to see if i could win) and to hear the charges of impersonating a chief officer then hear the hearing officer look at the shirt and say "its clearly from out of state", "why are we here" then it got dismissed was kind of cool
winning is fun....winning against an officer is cooler
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on that note my dept just changed our shirt color to lime green because we were being mistaken for our neighboring dist all the time...yes it stands out!
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