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msar-riders - Re: [MSAR] NASAR standards

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  • From: <Jorene@CEOates.com>
  • To: "Mounted search and rescue" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] NASAR standards
  • Date: Tue, 21 Oct 2003 21:02:39 -0700


From: "Una Smith" <una@lanl.gov>
> Perhaps NASAR will change, but until
> that happens it is nothing but talk.

Apparently you're not aware that NASAR is already changing? You can now take
the SARTECH III written test online and receive a certificate of completion
from NASAR - not recognized as SARTECH III, but documented recognition for
passing the test. NASAR has also partnered with other organizations -
Mountain Rescue Assoc, CAP, etc. - in an effort to establish more
consistency in SAR training nationwide. They have a mobile unit that is
traveling to increase SAR-related and "don't get lost" education to the
public and have launched an advertising campaign to help increase public
awareness. And apparently they're already working on a method to roll out
"NASAR training" through other organizations and schools.

Is a lot of this self-serving and will increase the span of NASAR? Sure. But
since NASAR is already officially recognized by many federal/government
groups as providing the national standard for SAR - I haven't seen any
mention of national standard competition from another SAR organization -
this also accomplishes reaching out to those whose local standards don't
already meet/exceed those national standards. Long term a huge benefit for
the public to have a minimum consistency with national SAR standards in
their own communities.

> That said, Jorene in her capacity as chairman of NASAR's
> MSAR standards committee, has now promised several times in
> public on MSAR-Riders that it is permissible to rewrite the
> NASAR standard, deleting strings to extrinsic requirements
> which arguably have no place in any standard, and call it a
> national standard equivalent to the NASAR standard. That
> works for me, and I am sure it will work for others who are
> not affiliated with NASAR.

I'm not a lawyer, and I'm not authorized to give anyone permission to do
anything, but I'll share some thoughts on what I see as potential legal
issues since that is the core of your comments that don't correctly reflect
my personal opinion ...

NASAR standards are typically either officially recognized or perceived as a
national standard. There are SAR groups (and individuals) that use NASAR
standards without being NASAR certified. Anyone could choose to do the same
and describe their training status as being NASAR equivalent, thus meeting
minimum national standards. But liability issues still exist. The obvious
opening for legal challenge would be to demonstrate that the local training
and testing does indeed follow the NASAR standards, even with no NASAR
certification.

You used the term "rewrite the NASAR standard" which I definitely don't
recommend - you'd be fiddling with copyrighted documents. If someone sees
a need to make some changes, I'd write some kind of legal document that
clearly identifies using the NASAR MSAR standards, but with specific
exceptions - to use X instead of Y as indicated in the NASAR standard. But
keep in mind that any changes would weaken any claim for equivalency, and in
a legal situation the lawyers would pounce on anything that wasn't perceived
as at least meeting national standards.

If the ONLY exception is to plug in a team/county/state ground SAR standard
as a substitute for the NASAR ground SAR standard, then your position is
much stronger from the MSAR perspective ... but still leaves the opening for
a legal challenge comparing the substituted ground standards to national
standards. If your substituted ground standards can be shown as
meeting/exceeding the minimum national standard, then other than the hassle
of appropriately responding to the legal challenge to provide proof, this
shouldn't be an issue. If you otherwise leave the NASAR MSAR standard
intact as your adopted standard for mounted, you could reasonably claim
NASAR MSAR equivalent, but noting the exception of using different ground
SAR standards.

I hope that isn't clear as mud. This ongoing discussion has bumped me from
16-18 hour days to 18-20 hour days, so my mind isn't as up to speed as it
should be. And it doesn't help that I hosed my worst knee AND my bad
shoulder Friday night so I've been a bit cranky. ;-/ So I'll also make a
blanket apology to anyone who has for some reason felt offended - that
certainly isn't my intention! My personal goal is to help develop good MSAR
standards that can be used nationwide. There is a wealth of knowledge and
support here that can help that goal become a reality.

~ ~ ~ ~ ~
Jorene Downs, Committee Chair
NASAR MSAR Standards Committee
visit NASAR on www.nasar.org





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