The California Fire Service July - August 2024

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Published since 1927 by the California State Firefighters' Association

INSIDE THIS ISSUE

September is Suicide Awareness Month CHIEF’S CORNER

PEER SUPPORT TRAINING

A Collaborative Approach PIPELINE SAFETY & RESPONSE

From Frontline to Online

Fire Service T H E C A L I F O R N I A

July/august 2024. © Copyright California State Firefighters’ Association | csfa.net

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Contents TABLE OF

Awareness Month 06

Chief’s Corner: September is Suicide

Inspector and Investigator 10

Blazing a Career Path: Becoming a Fire

Online 16

Peer Support Training from Frontline to

Approach 20 24

Pipeline Safety and Response: A Collaborative

Golf Fore Your Health August is National Golf Month!

About “Stress” Claims 31 CSFA Leadership 36 CSFA Business Members 38 FireService Databank 40

Legal Corner: What Firefighters Should Know

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The California Fire Service Published by CSFA since 1927

440 N Barranca Ave #6164 Covina, CA 91723 (800) 451-2732 www.csfa.net

Executive Editor, Eddie Sell Eddie.sell@csfamail.com

The California Fire Service ISSN: 1048-5074 (USPS 083920) is published bi-monthly by the California State Firefighters’ Association, Inc., 440 N Barranca Avenue #6164 Covina, CA 91723 non-profit organization formed in 1922 by firefighters to serve firefighters. Periodicals postage paid at Sacramento, CA and an additional mailing office. Copyright 2024 California State Firefighters’ Association. No material can be reproduced without written permission of the publisher. POSTMASTER: Please send address changes to: The California Fire Service, 440 N Barranca Ave #6164 Covina, CA 91723. Address editorial contributions to the above address, attention editor. Publisher assumes no responsibility for unsolicited material. Views expressed are those of the authors and do not necessarily represent CSFA policies or positions.

“By Firefighters, to Serve Firefighters.”

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Firefighters and EMS providers are constantly helping others. Don’t forget it’s okay to get help for yourself. As an emergency responder, you regularly encounter traumatic and stressful situations. It’s normal for this to take a toll on your mental wellbeing. When you need extra support, turn to these resources from the National Volunteer Fire Council.

Share the Load™ Program Access critical behavioral health resources for you, your crew, and your family.

nvfc.org/help

Directory of Behavioral Health Professionals Find local providers who are equipped to help emergency responders and their families with behavioral health needs.

nvfc.org/provider-directory

Psychologically Healthy Fire Departments Toolkit Learn how leaders can support the wellbeing of their members to create a successful, high-performing department.

nvfc.org/phfd

NVFC First Responder Helpline NVFC members and their household families can call 24/7 for assistance with a crisis or a variety of work-life stresses. The Helpline is offered through Provident by Business Health Services.

nvfc.org/helpline

CHIEF’S CORNER

September is Suicide Awareness Month

By Sam DiGiovanna

Adding to the physical stress of firefighting, firefighters experienced a variety of mental stressors such as depression, mental health problems, burnout, alcohol use disorders, sleep quality. Unfortunately, suicide among firefighters is on the rise. Unfortunately, suicide among firefighters is on the rise

September is Suicide Prevention Month. Hopefully, your department leaders spent some time discussing the issue of suicide in public safety and our responsibility to provide resources to help personnel develop resilience. Maybe you also shared information with your community through your department’s website or social media.

Yet these numbers often obscure the complexity of the issue. Lexipol co-founder

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Suicidal Signs It’s common to feel helpless after someone dies by suicide, either because we “saw it coming” but didn’t know what to do or because we didn’t see it at all. That’s why it’s important to train ourselves to recognize and act when we see warning signs. Suicide prevention experts agree that most, but not all, people who die by suicide exhibit warning signs, including: Talking about wanting to die Looking for a way to kill oneself Talking about feeling hopeless or having no purpose Talking about feeling trapped or in unbearable pain

Gordon Graham often speaks about proximate causes and root causes of tragedy in public safety. Too often, he says, we tend to focus on the proximate cause: The fire apparatus was involved in a collision because the driver failed to stop at a red light. Gordon stresses that to prevent such tragedies from happening, we must seek the root cause: Was there a lack of policy about stopping at red lights? Was training inadequate? Did the captain fail to properly supervise his or her crew? I think we can all agree suicide is a tragedy, so the same process applies here. When someone in public safety dies by suicide, our natural tendency is to look for what may have “caused it” — divorce? A really tough call or series of traumatic incidents? Loss of a loved one? These questions, while well intentioned, may be misguided. Instead, we should be focused on the root causes of suicide. Further, focusing on the what or whys around a specific death by suicide misses the opportunity to engage our members in conversations about the potential for people to recover from depression, PTSD and suicidal ideation. Having suicidal thoughts does not mean someone is weak or flawed — and it does not mean the person will wind up killing themselves. We need to bring more positive, honest stories of hope, recovery and healing to our discussions so that our members are empowered to seek help.

Talking about being a burden to others Increasing the use of alcohol or drugs Acting anxious, agitated or recklessly Sleeping too little or too much Withdrawing or feeling isolated Showing rage or talking about seeking revenge Displaying extreme mood swings

The more of these signs a person shows, the greater the risk. Warning signs are associated with suicide but may not be what causes a suicide.

“Having suicidal thoughts does not mean someone is weak or flawed.”

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What to Do for Them If someone you know exhibits warning signs of suicide: Do not leave the person alone Remove any firearms, alcohol, drugs or sharp objects that could be used in a suicide attempt Take the person to an emergency room or seek help from a medical or mental health professional While we can’t change the fact that someone has taken their own life, we can change the conversation around the tragedy in an attempt to prevent another person from doing the same. We can spread the message that while feeling occasional anxiety and depression is normal, dying by suicide is not. Mental wellness and resiliency are possible, and we can help our brothers and sisters.

Sam DiGiovanna is a 40-year fire service veteran. He started with the Los Angeles County Fire Department, served as Fire Chief at the Monrovia Fire Department, and currently serves as Chief at the Verdugo Fire Academy in Glendale. He also is Associate Director for the California Training Officers Association and a consultant for www.Lexipol.com

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CAREER PATHWAYS

By Nicole Pesqueira

Blazing a Career Path Becoming a Fire Inspector and Investigator If you have a passion for uncovering the truth behind fires and a desire to protect lives and property, this could be the career for you. Fire inspectors and investigators play a crucial role in enhancing fire safety and determining the origins and causes of fires. However, the path to this demanding yet rewarding profession requires specialized training, skills, and commitment. In this article, we'll explore what it takes to become a fire inspector and investigator, guiding you through the necessary steps to launch your career.

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Understanding the Roles Before delving into the requirements, it's essential to grasp the distinct yet interrelated roles of fire inspectors and fire investigators.

Fire Inspectors: These professionals conduct inspections of buildings, facilities, and properties to ensure compliance with fire codes and regulations. They identify potential fire hazards, recommend corrective measures, and educate building owners and occupants on fire prevention practices. Fire inspectors play a proactive role in mitigating fire risks and promoting public safety.

Fire Investigators: When a fire occurs, fire investigators are tasked with determining its origin and cause. They meticulously examine the fire scene, collecting and analyzing evidence, conducting interviews, and reconstructing the events leading up to the blaze. Their findings are crucial in identifying potential criminal activities, establishing compliance with fire codes, and assisting in insurance claims processing.

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Educational Requirements While specific requirements may vary by jurisdiction, most fire inspector and investigator positions demand a combination of formal education and practical experience.

3. Certifications: Obtaining professional certifications can significantly enhance your employability and credibility in the field. The International Code Council (ICC), Office of the State Fire Marshal (OSFM), and the International Association of Arson Investigators (IAAI) offer certifications for fire inspectors and investigators, respectively. These certifications involve meeting specific educational and experience requirements, as well as passing rigorous examinations.

1. High School Diploma or Equivalent: A high school diploma or a GED (General Educational Development) certificate is the minimum educational requirement for aspiring fire inspectors and investigators. 2. Postsecondary Education: Many employers prefer candidates with postsecondary education, such as an associate's or bachelor's degree in fire science, fire protection engineering, or a related field. These programs provide students with a comprehensive understanding of fire behavior, building construction, fire codes, and investigative techniques.

Relevant Experience I n addition to formal education, hands-on experience is highly valued in the fire inspection and investigation field. Many aspiring professionals begin their careers as firefighters, gaining invaluable practical knowledge and exposure to fire scenes. This experience not only provides a solid foundation but also demonstrates a commitment to public safety.

Some common pathways to gaining relevant experience include:

2. Internships or Apprenticeships: Many fire departments and agencies offer internships or apprenticeship programs, providing supervised training and on-the-job experience in fire inspection and investigation.

1. Firefighting: Working as a firefighter, either full-time or as a volunteer, allows you to develop essential skills in fire suppression, emergency response, and scene management.

“Hands-on experience is highly valued in the fire inspection and investigation field.”

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Essential Skills Beyond formal education and experience, successful fire inspectors and investigators possess a unique set of skills that enable them to excel in their roles:

1. Analytical and Critical Thinking: The ability to analyze complex scenarios, evaluate evidence, and draw logical conclusions is paramount in fire investigation. 2. Attention to Detail: Overlooking even the smallest detail could compromise an investigation, making meticulous observation skills essential. Plans reviews and fire inspections require looking at everything closely to make sure it complies with all related codes and standards. 3. Communication and Interpersonal Skills: Fire inspectors and investigators must effectively communicate their findings and recommendations to various stakeholders, such as building owners, law enforcement officials, and legal professionals.

4. Physical Stamina: Fire scenes and construction sites can be physically demanding, requiring inspectors and investigators to navigate challenging environments and handle heavy equipment. 5. Familiarity with Technology: The use of advanced tools and software for evidence collection, documentation, and analysis is becoming increasingly common in the field. 6. Report Writing Skills: Whether investigating or inspecting, writing investigation reports and notices of violations clearly and concisely is important; especially if it has to go the legal route.

Career Advancement and Specializations Once you've gained experience as a fire inspector or investigator, several opportunities for career advancement and specialization may arise:

1. Supervisory or Management Roles: Experienced professionals can pursue supervisory or management positions, overseeing teams of inspectors or investigators and ensuring compliance with regulations and protocols. These jobs include Fire Inspector 2, Plan Examiner, Deputy/Assistant Fire Marshal, and Fire Marshal. 2. Specialized Investigations: Some investigators may choose to specialize in areas such as arson investigation, explosives investigation, or industrial fire investigation, developing expertise in specific types of fires or incidents.

3. Training and Education: Experienced professionals can transition into training roles, teaching and mentoring aspiring fire inspectors and investigators at academic institutions or within fire departments. 4. Private Sector Opportunities: In addition to working for government agencies or fire departments, fire inspectors and investigators can find employment with private companies, consulting firms, or insurance providers.

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Staying Current and Continuous Learning The fire inspection and investigation field is constantly evolving, with new codes, regulations, technologies, and investigative techniques emerging regularly. To remain competitive and effective, professionals must commit to ongoing education and professional development. This may involve attending seminars, workshops, and conferences, as well as pursuing advanced certifications or degrees. Embarking on this career path requires dedication, perseverance, and a genuine passion for public safety. However, for those who embrace the challenge, the rewards of contributing to fire prevention and uncovering the truth behind fires can be immensely fulfilling. By following the steps outlined in this article and cultivating the necessary skills, you'll be well on your way to becoming a respected and accomplished fire inspector or investigator.

Nicole Pesqueira has over 20 years of municipal experience with 10 of those in a fire prevention role for municipal fire departments throughout Southern California. She started as a Fire Inspector with Pasadena Fire, promoted to a Fire Prevention Specialist II with the Brea Fire Department where she became certified to conduct fire investigations, promoted to Fire Marshal for the El Segundo Fire Department, and is now the Fire Marshal for the Brea Fire Department. She’s a certified CSTI Hazardous Material Technician, OSFM Fire Investigator I, NAFI Certified Fire & Explosion Investigator, OSFM Inspector I & II, and OSFM Plan Examiner. She’s also the 1st Vice President for the California Fire Prevention Officers’ (CA FPO) Southern Division, CA FPO Fire Service Education Committee Co-Chair, Orange County Arson Task Force Secretary, and the California Conference of Arson Investigator’s Southern Fire Prevention Liaison. She also teaches Fire Technology and Fire Inspector courses at Santa Ana College, conducts investigations on the private side for Pierce Fire Investigation, and does legal consulting work.

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By Sam DiGiovanna

Peer Support Training From Frontline to Online Public safety and mission-critical personnel face daily physical, mental, and emotional challenges. Peer support teams play a crucial role in helping them prepare for and manage these challenges.

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To provide effective assistance, specialized training and ongoing education are essential, adhering to ethical, legal, and intervention best practices. As the challenges for this population continually evolve, so should the intervention strategies. The legal landscape, especially concerning confidentiality, is rapidly changing through case law though many peer teams are unaware of the implications. Additionally, many traditional programs have focused on post incident intervention rather than proactive measures to prevent significant decline. Furthermore, organizations lack the time, manpower, and regular clinical consultation and guidance necessary to adapt to these changes and provide peer teams with the support they need. With so much going on, changes in personnel, and the high cost of sending people to live training, it can be challenging to find answers to these problems. Many training opportunities require in-person attendance or full participation in Zoom sessions that last from one day to several days, which can be difficult for first responders to attend. The best solution is finding an online, self paced program that offers comprehensive training and a full suite of benefits to support peer teams in all they do. Lexipol's Peer Support Training and Certification Membership stands out by offering exactly what organizations need to truly empower and elevate their peer programs. It provides flexible, online,

self-paced courses that fit seamlessly into the demanding schedules of public safety personnel, making best-practice training both practical and cost-effective. Lexipol’s Peer Support Training and Certification Membership, backed by public safety subject matter experts, helps peer support team members understand and apply evidence-based practices for providing assistance. This best-in-class membership includes: 24/7 Access to Online Learning: Enabling flexible, self-paced training for your team. Core and Continuing Education: 25 hours of core curriculum for certification, plus numerous hours of advanced training. Certified Peer Support Provider Designation: Recognized certification for peer supporters (CAPCE approved and POST certified in many states). Advanced Training Webinars: Access to members-only interactive live webinars on topics like moral injury, posttraumatic growth, and managing the psychological impacts of civil unrest. Training Certificates and Digital Peer Support Badge: Awarded upon course completion, validating your team’s expertise. Detailed Reports: For easy tracking of training completion and renewal of certifications, supporting ongoing progress and compliance.

Effective assistance, specialized training and ongoing education are essential,

adhering to ethical, legal, and intervention best practices.

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Peer Support Toolkit: Delivering essential downloadable resources and insights specifically for peer team development, maintenance, growth, and evaluation. Continuous Updates: Regular updates to legal and ethical developments, and new or improved content and strategies to keep your team informed and effective. A well-trained and supervised peer support team can act as the first line of defense because personnel are more likely to trust colleagues who have experienced similar challenges. However, many have taken a one-and-done approach to peer training when these teams need to become vital support networks for agencies, requiring updated and ongoing training to properly provide support for their peers. Lexipol's Peer Support Training and Certification Membership can boost your peer support team’s credibility and create a strong foundation for success, even if you’re just getting started. Versatile Application The online membership can be used in various ways: Standalone Certification: Agencies can adopt the membership as is for certification and comprehensive peer support training. Program Enhancement: Existing programs can be elevated through advanced training modules, live webinars, and invaluable toolkits. Hybrid Approach: Agencies can combine

online training with in-person team meetings, tabletop exercises, and live scenarios to create a rich, multifaceted training environment.

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Lexipol's membership addresses these challenges, providing a robust, flexible training solution that keeps peer support teams at the forefront of wellness and readiness. Additionally, peer teams need to be partnered with culturally competent clinicians. Lexipol offers the only program in the country for master's level and above clinicians with continuing education sponsored by the American Psychological Association (APA) and the National Board for Certified Counselors (NBCC). For more information about how Lexipol's Peer Support and Clinician Training and Certification Memberships can benefit your agency, visit binged.it/3LVMTNR Credit: Jaime Brower, Psy.D., ABPP Vice President of Peer Support & Clinician Training and Certification Lexipol Wellness & Founder of the National Emergency Responder & Public Safety Center.

By James Prothro

In California there are over 225,000 miles of these hidden conduits underpinning much of our economic and energy infrastructure, making the safe operations of pipelines critical to both. Despite the numerous benefits of pipelines, there are inherent risks involved in their operation. One of the primary concerns is the potential for leaks or ruptures, which can lead to significant environmental damage and pose a threat to public safety. The release of energy commodities or hazardous liquids – such as gasoline, jet fuel, and natural gas – can contaminate soil, waterways, and even the air we breathe. It is essential to recognize these risks and take appropriate measures to prevent, mitigate, and respond to pipeline incidents effectively.

Pipeline Safety & Response A Collaborative Approach Pipelines are an integral part of modern infrastructure, conveying energy or other hazardous materials essential to our daily lives.

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To ensure both safety and an effective response to pipeline incidents, a dynamic partnership must exist between pipeline operators, emergency responders, and regulatory bodies like the Pipeline and Hazardous Materials Safety Administration (PHMSA). When pipeline incidents occur, emergency responders and firefighters emerge as the vanguard of defense. Often the first to arrive on the scene of an incident, their swift response plays a pivotal role in containing incidents, protecting lives, and minimizing environmental impact. When responding to pipeline incidents, there are several key considerations that must be kept in mind. First and foremost, responders must prioritize their safety and the safety of others. Additionally, responders should have a thorough understanding of the substances being transported through the pipeline, as different materials may require different response strategies. Effective and timely communication among responders and with pipeline operators is also essential to coordinate efforts and mitigate the impact of the incident. The effectiveness of emergency response in pipeline incidents rests upon collaboration between pipeline operators and the emergency response community. The union of their skills and insights bolsters the overall safety of pipeline operations, encompassing the following aspects:

Shared Expertise: Pipeline operators hold a wealth of knowledge about their systems, including pipeline routes, location, valve placements, and characteristics of transported materials. This information enables emergency responders to devise well-informed strategies for swift intervention. Customized Response Plans: Effective response demands meticulous planning and synchronization. This includes cooperative effort between pipeline operators and responders to create tailored emergency response plans for the unique characteristics of each pipeline and its surrounding environment. Training and Drills: Regular joint training sessions, exercises, and simulated drills amplify understanding and communication between pipeline operators and responders. These actions enable both parties to simulate their roles, pinpoint potential hurdles, and refine their response tactics. Prompt Communication: Timely communication during crises is paramount. Establishing clear lines of communication between pipeline operators and responders ensures rapid sharing of pivotal information, expediting informed decision-making and accelerating an effective response. 4. 1. 2. 3.

When pipeline incidents occur, emergency responders and firefighters emerge as the vanguard of defense.

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Recognizing the unique challenges faced by rural emergency response teams, PHMSA collaborates with the NVFC to bring resources and training to the many volunteers across the United States through the Fire Department Pipeline Response, Emergency Planning, & Preparedness (FD PREPP) initiative. Rural areas often contend with limited resources and unique obstacles when dealing with pipeline incidents. FD PREPP aims to bridge these gaps by providing volunteer emergency responders with the knowledge, resources, and training to manage pipeline-related emergencies effectively. A free toolkit and trainings are available at www.nvfc.org/pipelines. The message here is to encourage collaboration to enhance the preparedness and capabilities of emergency responders in dealing with incidents involving pipelines and hazardous materials. These initiatives can, and do, involve training programs, information sharing, resource allocation, and collaboration between local emergency response agencies, industry stakeholders and pipeline operators, and the responder community. They help ensure swifter and more effective actions during responses to pipeline emergencies. Collaboration among all parties is the perfect conduit for disseminating best practices, lessons garnered, and technological advancements in emergency management.

PHMSA fosters collaboration between pipeline operators and emergency responders, exemplified by its Pipeline Emergency Responders Initiative (PERI) and an ongoing agreement with the National Volunteer Fire Council (NVFC). The PERI program plays an important role in closing the gap on communication and collaboration during pipeline emergencies. Beginning in 2012, PHMSA worked side-by-side with pipeline operators and emergency responders to build this public-private partnership. PERI bridges that gap and fosters engagement, training, and information-sharing among the diverse stakeholders involved in pipeline safety and emergency response. PHMSA has facilitated PERI outreach to all 50 states and continues to encourage collaborative engagement as a model for safe, effective response to pipeline emergencies. Several states have developed PERI-like programs that serve their broader community well and have exemplified successful collaboration. Learn more at www.phmsa.dot.gov/pipeline/peri/pipeline emergency-responders-initiative-peri-overview.

James Prothro is a community liaison program manager for the Pipeline and Hazardous Materials Safety Administration. He serves as PHMSA’s program lead with the National Volunteer Fire Council and the Pipeline Emergency Responders Initiative.

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By Sam DiGiovanna

August is National Golf Month! Golf Fore Your Health

Around 55 million people play golf in more than 200 countries. There are more than 32,000 golf courses around the world where golf is played as a recreational activity or as a serious profession. Some joke that those who don’t play golf well get more out of the sport than others who play it well. What this means is that people who aren’t as fluent in golf typically play for a longer time, and this leads to more physical activity.

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There’s a general belief that golf as a sport is not as physically demanding as others, so much so that many people are hard-pressed to call it a “sport.” However, even if it is slow-paced, there are several health benefits of playing golf. Improves Heart Health There’s a lot of research being done on the positive effects of regularly playing sports, and some of this research suggests that golf may help improve your heart health. Research has linked playing golf to improvements in known risk factors for cardiovascular diseases such as lipid and insulin- glucose levels, body composition, and physical inactivity. Golf is also known to give much-needed exercise to people who are undergoing cardiac and stroke rehabilitation. Regularly playing golf also improves lung function, especially in older adults, and this aids the optimum functioning of the heart. Another aspect that may contribute to improved heart health is that a typical 18-hole golf course is large. This generally means that by the time you’ve completed the entire course, you would’ve walked anywhere between four to five miles. This is enough for the oft-mentioned daily fitness goal of 10,000 steps that many people aspire for today. May Improve Life Span A study that involved more than 300,000 participants from Scandinavian nations found that those who regularly played golf lived five years longer than others who did not play golf. These results were the same irrespective of the people’s age, gender, or socioeconomic status.

The study found that golfers had a 40% lower mortality rate as compared to non-golfers.

Walking around the golf course also has other advantages. These courses are typically lush green and are lined with trees that make you feel close to nature. Many golf courses also have different terrains that include rolling hills, wide plateaus, and water bodies such as ponds. Animals and birds are also a common sight on several golf courses. Walking during the game also helps you strategize better, think more about the game, and become a better player, which could add to your technique repertoire. Many players who started out playing golf as a simple recreational activity have shared that the intellectual challenges that the game offers have made them fall in love with it and helped them improve their game by leaps and bounds. A study presented at the International Stroke Conference organized by the American Stroke Association suggested that playing golf regularly was linked to a lower risk of death. Playing golf regularly referred, in this study, to playing at least once a month. The study involved around 5,900 adults who were above the age of 65, with an average age of 72. The study was carried out over 10 years. During this time, all the participants were medically

evaluated once a year and had clinic visits every six months. The study did not take into account whether the players who participated walked or used a golf cart to move from one place to another on the golf course. Playing golf regularly was linked to a lower risk of death

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The study compared the death rates of golfers to non-golfers and found that the death rate in those who played golf regularly was 15.1%, as compared to 24.6% in those who did not play golf. Good Exercise for Elderly People Doctors recommend regular exercise for people of all ages. This keeps the muscles working and improves blood circulation, all of which are important indicators of good health. After a certain age, it becomes difficult to participate in certain sports such as basketball and tennis because of the level of fitness that calls for and the strain it puts on your body, but golf is a sport that can be played well into your old age. Even if you’re unable to walk the entire course to cover the 18 holes, playing golf uses specific muscles such as your core and upper body when you hit the balls. A good swing of the golf club also needs stability, and doing it regularly improves your sense of balance. This is because when you swing the golf club, your upper torso rotates and shifts your weight. Repeating this motion helps you sway in the correct form and improves your upper body leverage. Before you start playing golf, it’s also important to stretch your muscles. Doing this regularly keeps your muscles in good shape. Many elderly people who play golf regularly have repeatedly endorsed the benefits that they have experienced by playing the sport.

A study found that golfers had a 40% lower mortality rate as compared to non-golfers.

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Other Health Benefits Although golf is an individual sport, playing it usually involves interacting with peers who have a keen interest in the game. In addition to the physical benefits, the game also has other merits. It: Reduces stress due to physical activity and the joy of being close to nature Is an excellent way to stay in touch with friends Improves social interactions by bringing together people who have a shared interest Develops a sense of bonding with your community If you’re planning to start playing golf to enjoy its many physical and mental health benefits, a good way to begin would be to enroll in lessons at your nearest course to get some golf tips. This will help you understand the fundamentals of the game. You can also start playing with friends who share similar interests, rent a few golf clubs, and hit the nearest course to enjoy the sport and a day under the sun. Source/Credit/Full Article WebMD binged.it/3YvPbL5 Helps you retain a sense of achievement by becoming better at something that you enjoy doing Actively engages your body and mind

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Will you partner together with us? We believe your presence at this year’s event can have a positive impact and even change the lives of many firefighters. Just like 2 In 2 Out on the fire ground, two are better than one in life. We know that you stand ready to help our firefighters in their time of need. So, along with our guest speakers, would you be willing to showcase your business, organization or ministry at this Free event to provide information & answer questions to all our 1st Responders, spouses & government leaders that will be present? Thank you for what you do for the first responder community and thank you for your support! “Two Are Better Than One” FIREFIGHTER’S BREAKFAST Tuesday Oct. 22, 2024, 9am Be a TABTO Informational Vendor!

Presented by: Los Angeles Area Fire Chaplains

DEADLINE: October 10, 2024

NAME: PHONE: CITY:

Name of Organization: _____________________

_____________________________

ADDRESS:

__________________

__________________________________________________

EMAIL:

ZIP:

__________________________

______________

_________

“Two Are Better Than One” Vendor

TO REGISTER AS A TABTO VENDOR: EMAIL This form to: Duaine Jackson at dujacks.chaplain@gmail.com OR CALL: Duaine at (714) 675-3066

(One 8’ table provided, no power)

Total Cost: FREE

Will be providing free items/material for guests Items to be donated:

__________________________

For Questions or more information please Contact: Duaine Jackson (714) 675-3066

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LEGAL CORNER

By Richard Elder

CSFA Recommended Attorney What Firefighters Should Know About “Stress” Claims OVERVIEW This article contains summary information to help members of fire service deal with State + workers’ compensation and disability retirement due to emotional disability. I cannot help avoid or cure emotional disability, but I can provide you with basic information to deal with the legal systems which address compensation for such disability. No one should pursue any legal claim without serious consideration. Psychiatric claims have unique problems and unique laws.

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You don’t need to tell me that the job has many stresses. Sometimes you need to tell yourself that the stresses are adversely affecting you. PSYCHOLOGICAL INJURIES Emotional stressors cause injuries/illnesses such as Post Traumatic Stress Disorder (PTSD) or the more modern term “Post Traumatic Stress Injury”, along with multiple other descriptions. A large number of psychological/psychiatric conditions may be caused or aggravated by stress of fire service. Anxiety, Depression, PTSD/PTSI, Obsessive Compulsive Disorder are just a few. GENERAL LAW General California Workers’ Compensation law provides benefits for “injuries” if caused, or aggravated or accelerated by factors of the employment. This sort of “injury” can be “specific” occurring as the result of one repetitive mentally or physically traumatic activities over a period of time. (+Federal law, not State law covers Federal firefighters) incident or exposure, OR “cumulative” occurring as

For physical injuries, all that is necessary is proof that the condition was caused or aggravated or accelerated by factors of the employment. This is a low requirement for proof of entitlement to medical care and certain wage loss. HIGHER STANDARD FOR “PSYCHE” INJURIES Under our workers’ compensation law a PSYCHIATRIC INJURY (other than PTSD-see below) is “compensable” (payable) only upon proof that “actual events of the employment were predominant (51%+) as to all causes” of the injury. This somewhat to 35% causation where the injury is caused by a violent act-including exposure to a violent act. This can include firefighter personal life or death events, OR exposure to violence directed to others gruesome medicals or other violence may qualify. There are several additional requirements in psyche cases, to ensure that employers are not saddled with “bogus” claims-including stresses due “predominant cause” requirement is relaxed

to “lawful, good-faith, non discriminatory, good-faith personnel action” (like stress over being passed over for promotion). I cannot list all of the complications of “psychiatric injury” claims as the forces and personalities and reactions involved, are too varied. PSYCHIATRIC INJURIES require a higher standard of proof than physical injuries. Employers have more defenses to claims of psychiatric injury. But PTSD injuries have special protection through a “presumption” of industrial causation. PRESUMPTION FOR PTSD CLAIMS For members of fire service (and other first-responders) who suffer PTSD injury January 1, 2020 until January 1, 2029, the Labor Code provides a “disputable presumption” that the PTSD IS job related. In enacting this PTSD presumption, the legislature correctly found “it is imperative for society to recognize occupational injuries related to post traumatic stress can be

Psychiatric Injuries require a higher standard of proof than physical injuries.

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TIME LIMITS KILL CASES, DOES FILING KILL PROMOTION Usually, firefighters with specific traumatic injuries file for workers’ comp. Sometimes, the injury is so obvious (think a fall with a fracture) that the employer files the claim. Firefighters with serious physical conditions like heart, or cancer will often file workers’ compensation claims occasionally they wait too long. Firefighters with psychiatric problems tend to “defer” filing until they have no other choice. Sometimes stalling causes major problems, sometimes even killing cases. Often firefighters late in their career, suffer growing emotional problems. Perhaps they take time off from work, and document some “pretend” condition. Sometimes they seek medical treatment but do not mention any claim to their chain of command. Sometimes older firefighters retire on Service retirement (based on age and years of service) and hope that their symptoms remit. Often symptoms do not go away.

severe, and to encourage … firefighters…to promptly seek diagnosis and treatment without stigma. …and recognize that …severe psychological injury …is not “disordered’ but is a normal human response to trauma…” No” presumption” is automatic, or final. It violates due process and common standards of fairness to impose responsibility in All cases. Imagine a “psyche” claim filed by a rookie-on the first day of work, without any response. You can expect that any cumulative claim, whether for cancer or heart or psyche, to be initially rejected. All of these conditions have “presumptions of causation.” Rejection merely means that claims is not positive that they have to pay and they will not do so until more proof is given. SERIOUS CONDITIONS Any psychiatric condition may be industrial, and any serious condition should be considered for filing for workers’ compensation benefits. Serious conditions cause significant time loss, or need for treatment. Conditions which threaten your continued work are, of course, very serious.

all workers’ compensation and disability retirement matters and probably all legal actions. The basic time limit to file for workers’ compensation benefits is generally “one year from the date the employee was disabled (perhaps medical treatment is enough to start the countdown) and probably knew the condition was job related.” If you do not notify your employer of your claim or file with the Workers’ Compensation Appeals Board before the time limit expires you are out of court. Notifying the employer may (or may not) stall the time limit, but if the employer gives you a workers’ compensation claim form, and if you do not file the claim, you may be out of court. The point of time limits is to “bar” (preclude) all claims including valid claims. Firefighters as a group tend to wait too long to file and pursue their psyche claims. Sometimes good claims are lost simply due to time limits.

DOES FILING KILL PROMOTIONS?

TIME LIMITS KILL CASES Statutes of limitations apply in

It should not. Maybe it does. Under workers’ compensation

Does filing kill promotions?

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BAD ADVICE This advice has caused significant litigation and great costs to retirees (as fees in retirement cases are not contingent, and can run into more than $10,000 sometimes much more). If you wait to file; your delayed filing will be reviewed by someone other than that sweet receptionist, and when it gets to CalPERS legal (or the County attorney in CERL cases), you may face months of litigation. It is better to file for Service Pending Industrial Disability (or the CERL analogue). I prefer a filing for Industrial Disability Retirement (IDR), to “Service Pending IDR” as if you file only for IDR you may enlist the employer as ally because if you are not granted IDR, the employer must take you back to work. But whether to file for “Service Pending IDR” or merely to file for “IDR” deserves consultation with your CSFA lawyer. CAUSATION The 1937 System (CERL) adds virtually all of the presumptions of causation that exist in California Workers’ Compensation law. CalPERS has not enacted similar laws, so the burden of proof of industrial causation is yours. But the legal threshold for proof of industrial cause is the low “real and measurable” standard, which

law, it is unlawful for an employer to discriminate in any way against an employee who files, or notices an intention to file or to even testify for another employee with a workers’ compensation claim. Criminal and Civil penalties apply if discrimination is proven, and to discrimination, and often the record shows no other reason for discrimination other than a filing for workers’ comp. Others might counsel, “go ahead and file, and dare them to discriminate”. I think an ordered approach is best. If you have serious problems, you should file your claim. If you are number one on the Captain’s list, but have some modest problems, maybe talk to one of the CSFA recommended lawyers. Consulting a recommended attorney is available on all workers’ comp or disability retirement matters. We would rather counsel you before an emergency than try to extricate you after. We offer free phone consultations. DISABILITY RETIREMENT AND PSYCHE CLAIMS CAUSATION The “predominate cause” threshold for workers’ compensation psyche claims often it CAN be proven. Sometimes bosses admit

does NOT apply to disability retirement under either CalPERS or the 1937 Act. Retirement law requires you to prove only that your disability is substantially due to factors of the employment. Courts have interpreted “substantial relationship” to mean you must prove that the job cause was “real and measurable”. This low standard could mean that only a 20% job contribution would suffice-maybe less. Local Safety employers make the determination of disability. State Employees and CERL employees have their disability determined by the retirement system. TIME LIMITS IN DISABILITY RETIREMENT-are more stringent. You must file your application for retirement during or within four months of cessation of employment. If you do not file within these time limits, you may lose your right to file for retirement. A misleading exception causes many problems. The law allows filing even after the four-month time limit during continuous disability. Often, CalPERS receptionists advise callers “Go ahead and file for Service retirement. You can come back

later when your workers’ compensation claim is finalized.”

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normally is not a big problem. Except, since most psyche cases are initially rejected, and since CalPERS generally considers the insurance representatives rejection, binding-even when causation is accepted months or years later, you may have to Petition the WCAB for determination of industrial causation-in CalPERS cases. Appeals on disability in CalPERS or on all CERL issues (cause or disability) go to the regular courts. FREE CONSULTATIONS One benefit of CSFA membership is that you are accorded free legal consultation regarding workers’ compensation and disability retirement matters. The lawyers recommended by CSFA have cumulative totals of hundreds of years of experience and a wealth of knowledge of firefighter problems and especially the solutions for workers’ compensation and disability retirement. Use them. CSFA recommended attorney Richard Elder has represented firefighters in workers’ compensation and disability retirement matters for five decades. He practices in Central and Northern California from his Concord office. 1-800 242 COMP (2667)

Free Consultation for CSFA Members

CSFA.NET

CSFA LEADERSHIP

State Board of Fire Services Ed Foster (Carpinteria-Summerland FPD) efoster@csfa.net

CSFA Board of Directors

President Eddie Sell (Hemet FD) eddie.sell@csfamail.com

Mike Williams (San Marcos Pass VFD) mike.williams@cafsti.net

Past President Vacant

STEAC Tom Carlisle (Auburn City FD) tom.carlisle@csfamail.com

Vice President Daniel C. Perkins (Kingsburg FD) daniel.perkins@csfamail.com Secretary Treasurer Jeff Seaton (San Jose FD) jseaton@rescuenet.com Director at Large David Santos (Colton FD) david.santos@csfamail.com

alt: Jason Hosea (Long Beach FD) jason.hosea@csfamail.com

Standing Committees

Bylaws Steven R. Slagle,

(CAL FIRE – Riverside County) steven.slagle@csfamail.com

CSFA National, State, and Local Appointees

Education & Training Jason Hosea, Chair (Long Beach FD) jason.hosea@csfamail.com Emergency Medical Services Thurman Owens, Chair (Alameda Co FD) thurman.owens@acgov.org

National Volunteer Fire Council Dick Brown (Calaveras Consolidated) dndbrown@caltel.com

Marty Creel (CSFA Executive Director) marty.creel@csfamail.com

Fire and Life Safety Ed Foster, Chair (Carpenteria-Summerland FD) efoster@csfa.net

Governor’s Valor Board Jeff Loveland (Riverside City) jloveland@riversideca.gov

State EMS Commission Vacant at presstime

Fire Districts, Tribal and Volunteers Charlie Miller (McCloud FD) ftv@csfmail.com

FIRESCOPE Eddie Sell (Hemet FD) eddie.sell@csfamail.com

Fire Investigation Vacant

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