1)What role does NFPA standards play in the defense and prosecution of fire officers in criminal matters or in the judgment of civil cases?
As we all know, NFPA standards are used to help define what is acceptable for fire service equipment, procedures, and professional qualifications. As viewed by the courts, they are the common practice or standard of care when considering legal questions. The standard implies that a minimum consensus direction for procedures, programs, equipment performance, and professional training must be met. They are mandatory in the legal aspect. Incident safety officers need to understand these regulations, standards and procedures to help them avoid litigation and to save firefighters’ lives.
2)Why do you think the prosecution focused on the designated instructor?
Although Baird claims that he was not the highest ranking officer in charge, one could argue that due to the fact that he was the one who seemingly ran the show. He was the designated officer who lit the burn barrel and couch during the exercise. The designated instructor made many mistakes which took Golden’s life and injured two others. Baird had no lines had been stretched prior to the fire as precautions and claimed to know nothing of NFPA 1403 Standard for Live Fire Training. On top of this, Baird placed Golden into the building simulating a victim who had no experience wearing an SCBA in a live fire environment. Baird was therefore found guilty of second-degree manslaughter because he had violated many nationally known standards.
3)What accountability does the incident commander and safety officer have in similar situations?
The incident commander and safety officers are responsible for monitoring and assessing safety hazards or unsafe situations and for developing measures for ensuring personnel safety at the scene of the incident. Staying aware of the requirements of NFPA is vital to prevent deaths and injuries. If something were to happen such as a firefighter death or injury, one or both may be held responsible for negligence.
4)Some feel that Golden’s death was an unfortunate accident and that this type of dangerous training prepares firefighters for the real risks they face at fires. What arguments can you prepare to defend or counter this feeling?
Golden’s death was in fact an unfortunate accident, although; it was unnecessary. The incident could have been prevented if NFPA 1403 was followed or known to Assistant Chief Baird. One firefighter LODD is too many especially when the fire is staged and should be controlled while not risking the lives of three inexperienced trainees.