Disaster Service Worker Volunteer Program November 2018

Provide Program history Describe Program benefits and components Explain requirements for workers’ compensation claim submissions Resources available on the DSW Volunteer Program web page including: Regulations Guidance document Workers’ compensation forms and claim submission tools

History Nation at war –Pearl Harbor Legislative action Fear of mass attack on CA Coast Large numbers enlisted in military Volunteers recruited/trained who served without reservation and without pay How encourage volunteers when no compensation? Legislative action Certified War Councils (renamed Disaster Councils) as “accredited” Allowed registration of volunteers as DSWs Required Loyalty Oath subscription Provided workers’ compensation Offered limited liability protection Program originated in early1940s during WW ll. Fear of major invasion along the West Coast and large #s enlisted in military to serve. ‘People’ resources depleted due to war efforts Volunteers heavily relied upon, recruited and trained to perform hazardous duties. No expectation of compensation – then serious injuries with no compensation How encourage volunteers when no compensation? Legislation needed to address issues in volunteer recruitment and retention. War councils certified as accredited for the purpose of registering volunteers as DSWs. Oath requirement ensured loyalty to the US and CA. Registration allowed injured volunteers to be eligible for WC benefits providing security from financial loss due to disaster service injuries. Legislative action also offered limited immunity from liability. Public Law 105-19, Volunteer Protection Act of 1997, ESA GC 8657

Program Benefits Workers’ Compensation Liability Protections ∗ Disability benefits ∗ Medical care ∗ Supplemental job displacement ∗ Death benefits DSWVP versus other workers’ compensation plans Same coverage, same legal authorities. County/city saves funds to use for other needs. Claim expenditures impact local budgets. Liability Protections Good Samaritan laws – state and federal Volunteer Protection Act of 1997 (Pub.L. No. 105-19) Statutes of local jurisdiction Consult legal counsel to determine laws applicable to your situation. Immunity from liability - personal injury or property damage sustained by DSW volunteers or third party cited in: Gov. Code §8657(b), Gov. Code §8657(a), Civil Code §1714.5(b), CCR Refer to DSWVP Guidance pages 16-18 for more details.

Program Components Administration DSW Volunteer California Governor’s Office of Emergency Services (Cal OES) State Legislature State Compensation Insurance Fund (State Fund) Accredited Disaster Councils (ADCs) & Authorized Designees (ADs) DSW Volunteer Disaster Service: Eligible & Excluded Activities Registration Oath Authority Supervision Training Activation File Retention & Recordkeeping Workers’ Compensation Claims

Program Administration Cal OES Approves disaster council accreditation and regulations Delegates registration/oath authority to state agencies Manages DSW appropriation Reviews claims, authorize settlements, issue checks Complies with federal Medicare reporting Educational outreach, plan review, DSW documents Ref: ESA GC 8585.5, 8585.7 Ref: ESA, GC 8585.5, 8585.7 Different Branches within Cal OES are responsible for the Disaster Council Accreditation Program and the DSWVP with regards to regulation revisions. Cal OES Director has legal authority to delegate program administration. Fund tracking and perform projections to monitor appropriation throughout fiscal year in anticipation of deficiencies. DSW staff analyze claim documents for benefit eligibility, review proposed settlements to finalize claims, and schedule checks for payment. Effective 2011-all workers’ compensation payers must comply with Medicare reporting requirements. Non-compliance: penalty $1000 per day per claimant Miscellaneous work assignments related to Program responsibilities.

Program Administration (continued) State Legislature Approves DSW appropriation annually in state budget Mechanism in place to request additional funds. Uses General Fund to pay workers’ compensation claims State Fund Processes claims, calculates benefits Communicates with Cal OES throughout claim cycle State Legislature – funds to pay disability benefits, medical expenses, and other wc benefits. Mechanism in place for unexpected emergency expenses to request additional funds from Department of Finance. Deficiencies due in large part to catastrophic claims & settlement distributions. State Fund DSW claims require additional documents than traditional WC plans; still must meet statutory time lines. Benefits calculated same as employee plans per labor code.

Program Administration (continued) ADCs and Authorized Designees (ADs)* Cities and counties create disaster councils by ordinance. Councils must be accredited by Cal OES to register volunteers. Govt Code §8610 Certified as accredited requires: Emergency Ordinance DSW Resolution Master Mutual Aid Agreement Responsibilities Registration ⇨ Supervision ⇨ Training Activation ⇨ Recordkeeping ⇨ Claim Submissions *Government entities delegated Program authority by ADC. . Certification requirements: Emergency Ordinance must: Provide for a Disaster Council Specify Chairperson or director Recognize an emergency organization State compliance w/ESA DSW Resolution - authority to register volunteers MMAA Responsibilities: Each of these pertains to all government agencies administering a DSW Program and will be discussed separately in later slides.

Who Can Be A DSW Volunteer? Individuals physically and mentally capable of performing disaster service duties ADC or authorized designee (AD) determines if health and/or criminal background required. NOTE: No Program reimbursement for any associated costs. Persons employed, unemployed, or retired Minors (under 18) with parental or legal guardian written consent ADC or designated authority makes decision to use minors as DSW volunteers. When deciding, ADC may consider: cost of these services – who and how interpretation of results frequency of repeating With respect to background investigation, also consider classification of volunteer and who in contact with during duty,. For example: SAR mission searching for missing child versus volunteer working in EOC setting. Using MINORs: discretion of ADC or other local restrictions secure written consent for minor to participate restrict use of minors in high risk activities

A DSW Volunteer Is an Individual: Registered with: Accredited Disaster Council (ADC) all 58 counties and most cities Authorized Designee (AD) of ADC Government entities Cal OES or authorized state agency NGOs, non-profits, volunteer organizations, tribal entities CAN’T register volunteers as DSWs. Receives no pay Activated by registering agency Impressed into service (rare) Auxiliary Firefighter E XCLUDES: Volunteer Fire Fighters Spontaneous Unaffiliated Volunteers Auxiliary FF: trained and recruited to augment fire departments and have no WC insurance. Volunteer FF: have their own WC protections.

Disaster Service - Eligible Activities Authorized by CA Emergency Services Act (ESA) during: State of War emergency Proclaimed emergencies Search and rescue missions Activities to mitigate imminent threat of extreme peril to life, property, resources Official out-of-state deployments with Cal OES approval Official mutual aid assistance Training Travel to and from incident site REF: GC Sections 8558 & 8585.5 CCR §2570.2(b)(1) DSW duties associated with the classification during official activation. Local emergency to mitigate -sandbagging efforts by volunteer to prevent a local emergency from being proclaimed Ex: weather reports, heavy rainfall over a short duration (flash floods), waters approaching city Not Covered: clear spring day, no threat to public safety and DSW volunteers repairing road or bridge to prevent reoccurrence with next flood season.

Disaster Service – Excluded Activities Day-to-day operations Activities typically associated with emergency response agencies Ex: single structure fires, car accidents, crowd control for concerts Preparedness/Planned Activities Educational fairs, outreach, first aid booths Equipment maintenance Ceremonies, community events Smoke detector installations Meetings Self Activation Travel to and from the training site Planned Events If volunteer used in day-to-day, preparedness, & non-emergency activities: NO Coverage. Volunteers ‘activated’ for many events, BUT not all events covered. Plan in advance how protect volunteers for non-emergency activities, e.g. private insurance, waiver Under very unique conditions which can’t be replicated in the classroom, field, etc. Self Activation: never covered; may deploy according to SOP/EOP, which is not self –deployment.

Registration Required: Name & address of applicant Classification If applicant is a minor, parent or legal guardian must give written consent. Classification 13 approved (CCR § 2572.1) More than one may be entered Date enrolled (date Loyalty Oath signed) Loyalty Oath subscription Self-certification IF ADC approves (Civil Code §2015.5) OR Officer administered e.g. elected officials, county/city clerks, notary public, Cal OES Director Name of registering govt agency w/signature and title of authorized person (CCR 2573.1(a)(4)) No fee may be charged for oath administration. Check DSW web page to ensure using current form! Minimal information needed to properly register volunteer as a DSW. Opportunities to register: meetings and trainings; however, meetings are not an eligible activity and registration must occur before training commences as retroactive registrations not covered. ADC makes determination as to which oath subscription is implemented. Optional information to include such as specialty, emergency contact, license , phone number.

Registration Form ENGLISH Version ADC decides if: Completed by ADC or authorized designee. Registration Form ENGLISH Version Completed by applicant. Parent sign & date: IF volunteer is minor Registration form now in both English and Spanish located on DSW web page. May customize form to meet registering agency’s requirements but must retain regulatory (highlighted) fields. If volunteer is a minor, parent/guardian must sign giving permission to participate. Minor aged volunteer subscribes to oath. ADC decides if: Volunteer self-certifies OR Official administers

Supervision ADC or AD responsible for: Deciding who acts in supervisory capacity and how duties performed Paid staff or volunteers? Onsite or offsite? Determining criteria Use materials for paid staff in same position Identify core curriculum of required courses Develop duty statement Providing injury claim instruction Knowledge of required documents and timelines SOP with sample claim packet Use volunteers in positions such as team leaders and SAR coordinators. When determining criteria, consider prior experience and training.

Training May include: Classroom courses and exercises ADC or AD decides training requirements and approach. May include: Classroom courses and exercises Participants as ‘victim or survivor’ register as DSWs Certification for specific classification Out-of-State must be Cal OES approved Must: Approve in advance by ADC or authorized agency Document to verify participation Supervise Commensurate with classification √ Diff levels of training specific to classification OST: Approved by Cal OES Executive Out-of- state training conducted in a manner geographically and functionally specific to cross-border emergency response may also be considered a covered activity.”

Activation ADCs or ADs define emergency response activation procedures and provide training so volunteers understand their assigned duties. Examples of activation procedures: Written instruction, e.g. SOP, EOP, activation guidelines Emergency radio announcements Pre-determined text messages Notification from supervisor or authorized person Defined activation processes, which are taught and exercised, result not only in trained and confident volunteers but also avoids the potential of self-deployment.

File Retention & Recordkeeping Filing of Loyalty Oath State Agency – within 30 days County – Clerk or official department personnel file City – Clerk Other Public Agency -designated Officer/Employee of the agency Records Keep registrations current Store hardcopy or electronic format E-format requires written statement verifying original used to scan, attach in database, etc. Destroy five years after service ends Ref: GC §3105 Records need to be available for inspection by Cal OES and State Fund.

Worker’s Compensation Claims Required Documents State Fund 3301 – Claim Form State Fund 3267 – Employer’s Report DSW Volunteer Registration Loyalty Oath Subscription Written Incident Report If injury due to training, must also provide Written Training Pre-Authorization Training Sign-In Verification Claim package must include these documents. I review documents to determine claim eligibility under Program Regulations before I notify State Fund to begin claim processing. More paperwork required than traditional WC. Forms same as traditional WC forms for paid employees with slight modification for required Program information Employee = volunteer Employer = ADC or supervising agency

State Fund 3301 – Claim Form Injured DSW Volunteer Completes Employee section ADC/Supervising Agency Provides to volunteer w/in one day of injury knowledge Completes Employer section Provides copy of completed form to volunteer Mails original to State Fund within five calendar days after receipt from DSW volunteer WC Claim Report 3301 must be provided to injured volunteer within 24 hours of knowledge of the injury. Sometimes the volunteer may not report injury immediately. Example: Person injured on July 1 may not report it until July 7, injury may have worsened – that is when 24 hour clock begins Signed by both volunteer and supervising agency Volunteer brings copy of completed 3301 to medical appointment Important to adhere to WC timelines when submitting documents to avoid penalties.

State Fund 3301 Worker’s Compensation Claim Injured DSW Volunteer completes Lines 1- 7 Line 8 E-mail (optional) Line 9 Volunteer’s signature ADC or Supervising Agency completes Lines 10-14 Supervisor Line 15 Pre-filled Line 16 Pre-filled Line 17 Supervisor’s signature Line 18 Supervisor’s title Line 19 Phone number Employee/injured volunteer: Slide shows line by line how to complete the form If the volunteer is unable to sign, a legal guardian can sign or the injured person can sign when able. If unable to obtain signature, State Fund will contact volunteer later when processing claim Employer/supervising agency: Complete in full with signature and title

State Fund 3267 – Employer’s Report ADC/Supervising Agency Completes within five calendar days of injury notification Mails original to State Fund OR Calls 24 hour Claims Reporting Center at: (888) 222-3211 DO NOT wait for completed State Fund 3301 DO NOT have volunteer complete Employer’s Report 3267 is completed by Employer only (supervising agency or authorized designee) within 5 days of injury notification. Important points to remember: Not completed by volunteer Do not give copy to volunteer Do not wait for volunteer to return the 3301 Volunteer may not return or file claim Still required to submit 3267, mail original copy to State Fund Another way to report claim: Call 24 hr. State Fund Claims Reporting Center and provide claim info over phone Meets WC requirements and convenient if injury occurs in the field and no access to forms

State Fund 3267 Employer’s Report ADC or Supervising Agency completes Lines 1-3 Line 1a pre-filled Lines 4-5 4 pre-filled, 5 N/A Line 6 Pre-filled Lines 7-10 Lines 11-16 If unknown, leave blank Lines 17-26 Lines 27-29 May have partial information Lines 30-34 Line 35 Regular job– not DSW duties Lines 36-39 If unknown, leave blank Lines 40-43 Don’t forget to complete backside. Supervising agency or authorized designee: Complete as thoroughly as possible. If information unknown, leave blank Lines 35 & 41 Regular job, retired, unemployed - not DSW duties/classification Signature and title of authorized person at bottom of form

Written Incident Report Brief account of incident Completed by supervising authority Submit via agency letterhead, fax, email Brief narrative of incident: Completed by the supervising authority and not the volunteer Can be submitted by agency letterhead, fax, or email May include witness statements or a police report if car accident or injury caused by a third party

Training Documents If injury due to training: Written Training Pre-Authorization: Includes date, location, event name, objectives, supervisor’s name and title Approved in advance Commensurate with DSW classification Training Sign-In Verification, roster or similar item to prove participation: Volunteer’s name Time in/time out Supervisor’s name Date Event name Two additional documents required if injury due to training: Training pre-authorization documentation Training log in/sign in documentation Pre- authorization can be memo on the ADC or designee’s letterhead or copy of ADC’s meeting minutes: Authorization needs to be obtained in advance of activity Event name w/ supervisor information Date Location Objectives of classroom instruction, exercise, etc. Training Sign-In roster confirms volunteer was participating in authorized training at time of injury. Verification needed to ensure the training: Approved Documented Supervised Aligns with volunteer’s classification and scope of duties

Sample Training Documents Request for training authorization Can put multiple trainings on one request Authorization from ADC or authorized designee Can have multiple responses on one reply Sign-in sheet or log Common reasons why claims are denied: No Registration or Oath Refuses to submit 3301 claim form Declines medical treatment Not engaged in an eligible activity when injured (ex. performing clerical work, distributing flyers) Pre-existing medical condition Failure to provide medical documents to State Fund

DSW CLAIM ASSEMBLY and DISTRIBUTION REMINDERS: Submit documents within time lines. DO NOT wait until you have all documents before submitting. Retain copies of all documents in file for injured DSW volunteer. Refer to the Disaster Service Worker Volunteer Program (DSWVP) web page for Cal OES and State Fund contact information.

DSW Volunteers & Mutual Aid Assistance Claims Submission Requesting Agency needs DSW volunteers Both Agencies provide copies of all documents to each other. Requesting Agency Mail original 3267, 3301 to State Fund & fax/e-mail copies to Cal OES. Fax/e-mail: incident report to State Fund & Cal OES; Fax/e-mail training docs, if applicable, to State Fund & Cal OES Sending Agency Fax/e-mail Registration w/Oath to State Fund & Cal OES Sending Agency deploys DSW volunteers DSW volunteer injured under Requesting Agency’s supervision Who submits paperwork? Who is responsible for paperwork? Shows claim submission process when volunteer is injured during deployment or authorized training in jurisdiction outside of where registered. Paperwork and process same Both Agencies work together to provide copies of documents to each other Requesting Agency Complete 3267 Provide 3301 to injured DSW volunteer Complete Incident Report Sending Agency Provides DSW Registration & Oath Both Agencies coordinate efforts to complete & submit required forms

DSWVP E B P A G E Reminder: Download Regulations and Guidance documents (at a minimum) as these resources should be referenced frequently Check the web page monthly for updates and additions

Thank you! Don Glueckert Hilda Vargas Program Lead Program Manager (916) 845-8328 (916) 845-8661 donald.glueckert@caloes.ca.gov hilda.vargas@caloes.ca.gov DSWVP Regional Points of Contact Coastal – Memoree McIntire memoree.mcintire@caloes.ca.gov Inland – Kim Nielsen kim.nielsen@caloes.ca.gov Southern - Sonia Brown sonia.brown@caloes.ca.gov DSWVP Regulations, Guidance & Related Documents: http://www.caloes.ca.gov/cal-oes-divisions/administrative-services/disaster-service-worker-volunteer-program