Effects of Sleep Deprivation on Fire Fighters and EMS ... - NAEMT

<strong>Effects</strong> <strong>of</strong> <strong>Sleep</strong> <strong>Deprivation</strong> on Fire Fighters and EMS Responders
Appendix 6.1: Legal Considerations
As the impacts <strong>of</strong> sleep deprivation are becoming better identified and understood, the legal system
is reacting with new laws.
Particular attention has been drawn to fatigued drivers, who face both civil and possible criminal
penalties when they fall asleep behind the wheel. Such drivers may be charged with causing
injury or death by criminally negligent operation <strong>of</strong> a motor vehicle. One state, New Jersey, has
even gone so far as to create a new law, known as Maggie’s law (next page), which specifically
provides that a “knowingly fatigued” driver who causes a fatal accident can be convicted <strong>of</strong> vehicular
homicide. “Fatigued” is defined as having been without sleep for a period in excess <strong>of</strong> 24 consecutive
hours. Even in those states where no specific law relating to fatigued drivers has been enacted,
criminal penalties may still be involved. The decision to pursue criminal charges rests with the
criminal prosecutor in that jurisdiction. However, there seems to be a nationwide trend toward
greater use <strong>of</strong> criminal negligence charges which has become apparent, for instance, in other
contexts such as training injuries and deaths. Conviction could result in imprisonment, fines,
supervision by the criminal justice system, and other penalties.
Regardless <strong>of</strong> whether a fatigued driver suffers imposition <strong>of</strong> criminal penalties, he or she may still
be held liable under civil law for actual damages. This means that the person may be sued, and
money judgments can be collected from income and personal assets, subject to certain exemptions.
Furthermore, there may be no absolute right for the person to insist that the judgment be collected
from his or her employer. If personal liability insurance coverage is inadequate, he or she may be
in financial peril.
Fatigued personnel may also present a risk for their employers. While criminal penalties for
employers are unlikely, except in the most egregious cases, employers are probably going to be
included in any civil suit against an employee for money damages. Under the doctrine <strong>of</strong> respondeat
superior, employers are liable to the public for damages caused by their employees. Moreover, if
the employer has knowledge <strong>of</strong> the employee’s fatigued state, the employer is at risk for a claim
that it has negligently allowed its fatigued employee to cause an accident. A successful plaintiff is
more likely to collect his or her judgment against the employer rather than the employee because
the employer is more likely to have substantial financial assets.
Regarding injury <strong>of</strong> co-workers, the employee is frequently not personally liable for payment to the
injured co-worker because <strong>of</strong> a provision in many state Workers’ Compensation laws that prevents
one co-employee from suing another for workplace injuries. In this situation, the injured employee
would be covered under Workers’ Compensation laws.
A review <strong>of</strong> employment practices with the appropriate risk managers and insurers to minimize
this exposure is prudent.
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