The annuity payments will be adjusted annually in response to cost of living increases; or,. If the firefighter has no spouse, or the spouse passes while receiving annuity payments, payments will be made to dependent children. The amount shall be equal to the maximum salary which would have been paid to such firefighter had they continued in service in the position held at the time of death.
An eligible institution is any public or independent college or university in Massachusetts accredited by the New England Association of Schools and Colleges and is authorized by the Commonwealth to offer undergraduate degree programs. For a student attending a Massachusetts Independent College or University, the award shall be equal to the full time annual tuition charge at the University of Massachusetts, Amherst.
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Phone: E-mail: mcvfa mcvfa. Washington, D.
The W. Health Insurance benefits vary by county, city, town or district, and may vary between volunteer and career firefighters.
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Spouses and children may be eligible to continue group hospital, surgical, medical, dental and other health insurance and only be responsible for paying a set portion of the insurance premium. Real estate of the surviving spouse, until remarried and minor children, both biological and adopted, is exempt from taxation provided that such real estate is owned and occupied as a domicile. Notice must be given to the Tax Assessor before the next tax bill is due and provide the Assessor with all relevant information, including a letter from the Fire Chief stating the date and cause of the line of duty death and in some cases, provide a copy of the death certificate.
Phone: Website: www. Dignity Memorial is a consortium of funeral, cremation and cemetery providers across the United States and Canada. They have a Public Servants Program for first responders and emergency services workers. Dignity provides these services, at no cost, for career and volunteer firefighters who are killed in the line of duty. There is a location finder per state on the website, and funeral directors are encouraged to contact Dignity regarding the first responder program. Wilbert provides complimentary burial vaults including urns vaults for fallen law enforcement officers and firefighters through licensee locations.
Funeral directors should contact Wilbert for information on obtaining vaults. Disclaimer : The material contained in the National Fallen Firefighters Foundation Survivor Benefits website is not the result of legal research, but rather is based on a scan of public documents. We have made every effort to be accurate and timely, but errors may exist. It also periodically publishes current case law with regard to violence in the workplace and sponsors programs where current case law is discussed.
The EAP is designed to 1 help employees resolve personal issues — e. The EAP can help prevent problems by assisting workgroups as well as individual employees with such issues as stress and grief, and can also assist victims of threatening or violent behavior by providing counseling and referral for service.
Assistance for entire workgroups can also be provided or arranged for by the EAP after a traumatic incident. Agencies may offer an examination at any time they believe there may be a medical or psychiatric reason for unacceptable behavior. However, they may order a general medical exam only in these situations:.
A psychiatric examination including a psychological assessment may be ordered only when a general medical examination, properly ordered, indicates no physical explanation for behavior or actions which may affect the safe and efficient work of the individual or others, or when such an examination is specifically required by the position. Threatening or intimidating behavior and violent acts may be viewed as a job conduct problem.
In these situations, the Standards of Ethical Conduct may influence sanctions imposed concerning the conduct. The Standards were promulgated by the Office of Government Ethics most recently in February to ensure that the business of Federal agencies is conducted effectively, objectively, and without improper influence or the appearance of improper influence. The purpose of the Standards is to ensure that government employees are persons of integrity and observe high standards of honesty, impartiality, and behavior.
The regulations contain several provisions prohibiting disruptive conduct in Federal facilities. The regulations prohibit the creation of hazards as well as disturbances of all kinds that disrupt the performance of official job duties. It prohibits the possession or use of firearms and other dangerous weapons on a Federally owned or leased facility, including grounds, parking lots, and buildings, or in a government-owned or leased vehicle.
Whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility, or attempts to do so, shall be imprisoned not more than one year or fined, or both. Certain exceptions apply 18 U. Section c. Whoever with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon, in a Federal facility, or attempts to do so, shall be imprisoned not more than five years or fined, or both.
In addition, DLMS Chapter , dated March 17, , directly addresses possession of firearms by Department of Labor employees, and stipulates that only authorized employees can carry or transport firearms while on official duty. Title 41, Chapter Federal Property Management Regulations, of the Code of Federal Regulations also prohibits the use of alcohol and illegal drugs and intoxication at work.
Any DOL employee who violates prohibitions on the use of alcohol and illegal drugs and intoxication at work may be appropriately disciplined up to and including removal from Federal service. Physical protection and building security requirements are also provided under these regulations.
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The role of workers' compensation is significant in workplace violence. Injuries resulting from personal disputes are typically judged compensable, no matter how unusual. But an employee's injury is covered under workers' compensation only if the dispute leading to the injury is related to the employment. In other words, the employee must have been acting within the scope of his or her job when the injury occurred for the injury to be compensable. The Office of Workers' Compensation Programs makes determinations regarding whether injuries are compensable. In , Congress passed the Americans with Disabilities Act.
It is a comprehensive anti-discrimination statute that prohibits discrimination against individuals with disabilities in private, state, and local government employment, and in the provision of public accommodations, public transportation, state and local government services, and telecommunications.
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The purposes of the ADA are to provide a clear national mandate to end discrimination against individuals with disabilities physical and mental and to provide strong, consistent, and enforceable standards prohibiting discrimination against such individuals. For the most part, the Federal government is exempted from the ADA because it is already covered by similar nondiscrimination requirements and additional affirmative employment requirements under Section of the Rehabilitation Act of Employees who threaten or commit acts of violence may seek protection under the laws because of debilitating psychological conditions that may lead to violence, but the laws do not shield employees from the consequences of violent behavior.
Employees must be qualified to perform the basic functions of the job, and in most cases violent behavior will be disqualifying. Victims of threatening or violent behavior may also seek protection after being victimized because they develop debilitating psychological conditions that may limit their ability to perform on the job without reasonable accommodation s.
Regarding employment discrimination and violence, an individual may only be denied employment or discharged where 1 that individual poses a direct threat to the health and safety of others; and 2 the direct threat cannot be reduced or eliminated by a reasonable accommodation without undue hardship. A direct threat of violence is generally understood to mean a specific and significant risk of violence coupled with a high probability of substantial harm.
It is determined on a case by case basis. The Family and Medical Leave Act of guarantees an eligible worker the right to take up to 12 weeks of unpaid, job protected leave in a year to care for one's own serious health condition or to attend to family members' serious health conditions. If a mental or physical injury occurs due to workplace violence, an employee may be eligible to utilize this leave for care of the injury.
The standards require that each employer furnish to each of its employees, a place of employment that is free from recognized hazards that are causing or are likely to cause death or serious physical harm. OSHA investigates and makes determinations about violations to its standards. To prove a violation, OSHA must find that the employer failed to keep the workplace free of a hazard to which employees of that employer were exposed, the hazard was recognized, the hazard was causing or was likely to cause death or serious physical harm, and there was a feasible and useful method to correct the hazard.
OSHA has developed guidelines to help prevent workplace violence. Under the General Duty Clause of the Occupational Safety and Health Act of , employers can be cited if there is a recognized hazard of workplace violence in their establishments and they do nothing to prevent or abate it.
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Agencies may also need to be aware of other laws and regulations that impact their response to violence in the workplace. For example, most states now have stalking laws that prohibit willful, malicious, and repeated following and harassing of another person. These stalking laws would prohibit this type of behavior at work as well. Restraining orders and protective court orders are another measure used in the community for preventing further violence, threats, or harassment.
They are issued by a court and forbid, for a specified period of time, one party from making contact with another. It is important that appropriate persons in the agency know about these orders so that the individuals can be protected at work, particularly when the two parties work together. Individual states also have laws related to safety and health in the workplace which typically mirror OSHA. Some recognize violence as a workplace hazard and others do not. If Federal employees are threatened or killed on the job while acting in their official capacity, there are now stricter, more comprehensive statutes which provide for criminal sanctions under Federal law Section of Title 18 of the U.
Prior to April 24, , only certain officers and employees of the United States were covered under the Department of Justice regulations regarding crimes against Federal employees. This included DOL employees assigned to perform investigative, inspection, or law enforcement functions. In the statute was amended to include the Office of Workers' Compensation Programs OWCP due to the large number of threats and incidents which occurred in that agency.