The Phases of Emergency Management - Assignment Example

Question 1 The Emergency Management Assistance Compact (EMAC) was adopted by the congress, and hence it is law in the entire 50 states of America, the Virgin Islands, Guam, District of Columbia and also Puerto Rico. EMAC involves the mutual aid system between states. EMAC has great influence on the mutual aid operations and policy countrywide. The state drive approach is hence illustrates tested success concept and an appropriate illustration of teamwork. EMAC enables the country to leverage financial resources with the aim of enhancing capabilities in the entire United States. During the process of enhancing capacity, EMAC has enhanced diverse mutual aid activities; for instance, cross border mutual aid, and also the intrastate mutual aid. EMAC has significantly been applied during the realization of the biggest response challenges (Drabek, 2011). The National Disaster Medical System (NDMS) entail a key component of the Health and Human Services (HHSD) department of the United States. NDMS is aimed at coordinating the medical measures of the federal government towards major emergencies and disasters. The general aim of NDMS entails enhancing the integrated medical response abilities, needed in enabling the state and local agencies in addressing the medical effects of major peacetime emergencies. NDMS is also applied when giving support to the Veteran Affairs department and the military, in terms of taking care of the casualties got through armed conflicts that the United States is engaged in. The federal partners that work together with NDMS are; the department of Veteran Affairs (VA), Federal Management agency and Department of Defense (DoD).NDMS also integrates operations with private health institutions in addition to the state and local health sections. The Emergency System for Advance Registration of Volunteer Health Professionals (ESAR-VHP) entails a federal approach in the United States that implements procedures in relation to the registration, deployment and professionalizing the health practitioners during cases of large scale emergencies. The management of the program is conducted through the Assistant Secretary for Preparedness and Response (ASPR), which is located under the jurisdiction of the Office of Public Health Emergency Preparedness. The key operations concerning the ESAR-VHP are mandated by the states and territories of America, and thus adequately developing both the intrastate and the interstate approaches for sharing the medical experts (Baird, 2010). Question 2 The Minerals management Service (MMS) was insufficiently prepared to effectively manage the oil and gas sector. This is because it has inadequate staffs and poor industry regulations. The federal agency has the main responsibility of safeguarding the offshore oils and gas sector; however, due to the great shortage of competent inspectors, obsolete approaches, and the dearth of regulations, during the analysis of the oil and gas accidents and spills (Ian, 2010). During the oil spill incidence, the US Department of Interior acting inspector general explained the regulatory abilities of MMS. Mary Kendall explained that the capabilities are minimal, and hence the ineffective response to the oil spill involving BP. Ken Salazar, the Interior Secretary further illustrated the restructuring of the MMS to enhance effectiveness and efficiency. With a mere five short paragraphs explaining regulations and procedures of engaging in the post-incident investigations, the federal agency has continuously embraced the public forums that were conducted through US Coasts Guard, instead of collecting and analyzing its own evidence. She explained to the House natural Resources Committee that the dependence of the MMS on the public hearings, instead of generating its own evidence is an approach that is considered ineffective for emergency and accident scenarios. The staffs of MMS cannot be held responsible in a criminal and criminal liability due to their actions during the explosions and the oil leak. This is because of several reasons that illustrate insufficient capabilities of handling emergencies and accidents. MMS has only 60 inspectors responsible for safeguarding approximately 4,000 offshore facilities within Gulf of Mexico. The MMS inspectors also experience low motivation levels. The key staffs are underpaid, when compared to the professionals in the same economic sector. The inspectors are also trained using instructions that are obsolete or outdated. The training instructions applied were adopted by the agency during the 1980s and 1990s. Thus, there capabilities are inadequate to effectively address the oil spillage accident and spillage (Ben, 2009). The inspectors of MMS generally work independently with minimal direction on the issues to be inspected, and the most appropriate approach for the inspection. This creates confusion and uncertainties during the management process of the oil emergency. Even though MMS seems to adhere to the effective procedures of formulating the regulations, the possibilities of undue influence initiated through the oil industry is continuously illustrated, this is because the agency greatly depends on the oil industry in several key areas. Question 3 Frields v. St Joseph Hospital and Medical Center was decided by the Appellate Division of the Superior Court of New Jersey on November 18, 1997. The plaintiff, William B. Frields, appealed against the orders favoring the two defendants; St Joseph Hospital and the Paterson City. The plaintiff is the administrator of the Estate possessed by William T. Frields. The motion judge affirmed that the hospital intensive care personnel and the medical technicians of the city, who responded to the medical assistance call by the plaintiff, are immune to the liability in accordance to the statute (Lyons, 2011). On September 15, 1990 at around 7pm William T. Fields (Billy) entered the residence of his father located within Paterson. Billy immediately informed his father that he experienced dizziness and then fell on the floor of the kitchen. The father noticed irregular breathing and informed his daughter to call the ambulance. Mr. Frields tried to manage the breathing of his son through massaging his back. This was done up to the arrival of the medical personnel. The hospital’s Mobile Intensive Care Unit (MICU) and the city’s Emergency Medical Technician (EMT) team adequately responded to the emergency call. The MICU team understood that Billy showed drug overdose sign, and thus 2mg of Narcan was given to manage any narcotic effects. Billy managed to be responsive and he strongly resisted efforts of the emergency staffs to take him to the ambulance. He was restrained by several men and thus taken to the ambulance. Billy reached the hospital at 7.55pm and he died at around 9.02pm. The autopsy showed that he died due to subarachnoid hemorrhage. Mr. Frields sued the hospital and the city for wrongful death and also survival action, on September 15, 1990. He illustrated that the emergency staff applied excessive force when restraining the son. He further explained that the actions of the emergency staffs were negligent and deliberate infliction of emotional stress. The motion judge did not agree with the complaint because the emergency staffs are protected from liability, as illustrated by the Good Samaritan Act (Gulam, 2011). Several statues provide immunity to staffs engaged during medical emergencies. Both volunteers and paid employees who provide medical security assistance are immunized and hence safeguarded from prosecution. The illustrated statute is basically referred to as Good Samaritan Act. This is because the emergency medical personnel continuously act in good faith when handling emergency situations. Question 4 United States v. Carroll Towing Co was determined by the 2nd Circuit Court of Appeals. The decision explains a test that analyses standard of care based on tort of negligence. Judge Learned Hand wrote the ruling. The judgment is presently referred to as the calculus of negligence, and the Hand Test. The case involved sinking the barge Anna C. this occurred within the New York Harbor on January 4, 1944. The Pennsylvania Road Company acquired Anna C from another organization called the Conners Marine Company. Anna C had flour that belonged to the United States. During the accident Carroll was utilized in removing a barge. During the process, the line connecting Pier 52 and Public Pier barges were removed. After line removal, the pier 52 barges broke and hence the Anna C sunk. The United States sued Carroll Towing Co through the indemnity action (Posner, 2010). Judge Learned Hand explained that no general applies on handling liability if a barge that does not have a person on board, causes damage or breaks free. Thus Judge Hand formulated an algebra formula that illustrates if the care standard has been adequately realized. The court explained that leaving the barge unattended over the day light period generates great risks, and thus it is fair to ensure that a crew member is always aboard the ship. Hence the accused in the case is liable through negligence, by not being aboard without acceptable explanations. The case is generally famous due to its formula expression C>GL (cost is more than the gravity of loss) (Feldman & Kim, 2014). Hand is recognized for pioneering the current approaches involving statutory interpretation. His opinions and expressions are utilized in specialized fields like patents, admiralty, antitrust law and clarity standards. Concerning the constitutional issues, Hand was politically progressive and he strongly advocated for judicial restraint. Hand supported the safeguarding of free speech and support for the socio-economic problems. He, however illustrated that the supreme law of the land, does not enable courts overrule legislations formulated by elected agencies, except during extreme scenarios. References Baird, Malcolm. (2010). "The "Phases" of Emergency Management". Vanderbilt Center for Transportation Research. Ben, Geman. (2009). "Oil And Gas: Royalty-in-kind oversight problems costing millions in revenue — GAO". E&E News PM Drabek, Thomas. (2011). Emergency Management: Principles and Practice for Local Government. Washington D.C.: International City Management Association. Feldman, Alan &Kim, Jeonghyun. (2014). "The Hand Rule and United States v. Carroll Towing Co. Reconsidered". American Law and Economics Review 7 (2): 523–543. Gulam, Devereaux. (2011). "A brief primer on Good Samaritan Law for health care professionals". Aust Health Rev 31 (3): 478–482. Ian, Urbina. (2010). “U.S. Said to Allow Drilling Without Needed Permits.” New York Times. Lyons, Donna. (2011). "Help Your Neighbor—It’s the Law". State Legislatures. Posner, Richard. (2010). Economic Analysis of Law. New York, NY: Aspen Publishers. Read More