Disaster Service Worker Volunteer Program (DSWVP) REVISION PROCESS

1. Disaster Service Worker Volunteer Program (DSWVP)REVISION PROCESS California Emergency Management Agency December 2010

2. DSW Volunteer Program • Created as a result of legislation to provide: • worker’s compensation benefits and • limited liability protection to DSW volunteers injured while participating in approved disaster service duties. • Appropriation (General Fund) FY 2010/11 ▸ $1,012,000 ▸ Mechanism available to request additional funds • Benefits • the public, local & state government: DSW volunteers= invaluable emergency services resources • paid staff better able to maintain day-to-day operations • promotes volunteerism

3. PURPOSE • Inform DSW Stakeholders of Revision Process • Regulations last revised: October 1999 Guidance last revised: April 2001 • Evolution of Volunteerism: increase in number and scope of disaster service duties • Recommendations/Key Findings: - Liability Workshops – Volunteer Mutual Resource Workshops - Various Presentations • Solicit Input • Opportunity to share issues/topics to be addressed

4. KEY ISSUES IDENTIFIED • Statutory Inclusion • Supervision • Oath Authority/Administration • DSW Activities • Registration • Classifications • Claim Submissions

5. Statutory Inclusion • GC§ 3102 amended: Oath effective while person remains with that organization (SB 1350, Local Government Omnibus Act of 2000, Chapter 506, Statutes of 2000) • GC§ 3105 amended: Filing retention requirements for the Oath (SB 210, Local Government Omnibus Act of 2001, Chapter 176, Statutes of 2001) • Replace CEC with Cal EMA (formerly OES) (SB 1889, California Emergency Council, Chapter 502, Statutes of 2006) • Replace OES with Cal EMA (AB 38, State agencies, California Emergency Management Agency, Chapter 372, Statutes of 2008)

6. Supervision • Clarify/Define • What is supervision • Who may supervise • Direct versus indirect supervision • Onsite, offsite • Registering agency • Should agency establish criteria? • Should agency designate authority to supervise/direct volunteers? CCR §2572.1, 2573.1(b)(2)

7. Oath Authority/Administration • Provide clearer language as to who has authority to administer oath and to whom oath administration authority may be delegated • Who is an officer? • Can authority to administer oath be delegated? • What is meant by ‘appointing power’ in GC Code §3104? • When/where should oath be administered? • Having taken the oath, is there an expiration? • Include procedures to administer oath in Guidance

8. DSW Activities Activities authorized by the California Emergency Services Act (ESA) What are eligible disaster service duties? What is considered ‘official activation’? What is the definition of a local emergency? What training events are covered? Excluded? GC Sections 8558 & 8585.5 CCR §2570.2(b)(c), 2572.2, 2573.1(b)(3)

9. Registration Required Information: • Name & address of registrant • Classification • Date enrolled (date Loyalty Oath signed) • Loyalty Oath Propose Additional Requirement: • Name of registering government agency with signature & title of authorized person. CCR §2570.2(a)(1)(d), 2573.1, 2573.2(d)

10. DSW Classifications Review existing classifications: • Description accurate? • Scope of duties complete? • Need to add a classification? CCR §2572.1

11. Claim Submissions Required documents: 1. SCIF #3301 – Worker’s Compensation Claim Form 2. SCIF #3267 – Employer’s Report OR Claims Reporting Center (888) 222-3211 3. Copy of signed DSW Registration & Oath 4. Copy of incident narrative Propose Additional Requirement: 5. Copy of training document/verification of DSW volunteer’s participation (if injury training related) CCR §2573.3

12. Thank you! Anita Chant Cindy Shipley Program Coordinator Program Support (916) 845-8763 (916) 845-8753 anita.chant@calema.ca.gov cynthia.shipley@calema.ca.gov Send Regulation and Guidance Comments to: DSWregs@calema.ca.gov DSWVP Guidance and Related Documents: www.calema.ca.gov (under Preparedness –Quick Links)