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39C.110 Workers' compensation coverage -- Limitations.

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Page 1 of 1 39C.110 Workers' compensation coverage -- Limitations. Local emergency management agencies, including local directors or their deputies, and <br>other local emergency management agency staff personnel and workers, and local <br>emergency management agency-supervised operating units or personnel officially <br>affiliated with the local disaster and emergency services organizations pursuant to KRS <br>39B.070, paid or volunteer, for the purposes of receiving workers' compensation benefits <br>paid by the division, shall be covered by those benefits when performing emergency <br>assessment, mitigation, preparedness, response, or recovery functions, with the following <br>limitations: <br>(1) The local emergency management agencies, including local directors or staff personnel and workers, and local emergency management agency-supervised <br>operating units or personnel, shall not be covered when performing fundraising <br>functions, unless all proceeds of the function are to be dedicated to the <br>administration or operation of the local emergency management agency or operating <br>unit. (2) No person shall be covered when performing hazardous materials emergency response operations defined in 29 C.F.R. 1910.120 which are above the first-<br>responder operations level, on-scene incident commander level excluded, except as <br>provided in subsection (3) of this section. (3) A volunteer hazardous materials response team as defined in 29 C.F.R. 1910.120 which meets all provisions of 29 C.F.R. 1910.120(q), operates on a regional basis, <br>and is supervised by a local emergency management agency may, by action of the <br>director pursuant to administrative regulations, be provided Kentucky emergency <br>management workers' compensation coverage. Such hazardous materials response <br>teams shall take no actions involving environmental clean-up, removal, or <br>transportation of hazardous substances or materials except as may be essential for <br>initial emergency control or initial emergency stabilization when there is a clear and <br>evident risk of harm to people. (4) No person shall be covered unless enrolled on a workers' compensation enrollment form that is filed with the area manager of the division, except when the magnitude <br>of an emergency, or a preparedness exercise activity, is so great that a local director <br>must solicit additional workers. At these times, the local director may develop and <br>maintain a list of workers, to include names, Social Security account numbers, <br>missions assigned, and dates covered, and submit a copy of the list to the area <br>manager within twenty-four (24) hours of the conclusion of the emergency, or the <br>preparedness exercise activity. Effective: July 15, 1998 <br>History: Created 1998 Ky. Acts ch. 226, sec. 50, effective July 15, 1998.