Introduction to Law, Public Safety, Corrections and Security

 Because of lack of protection from liability, people were less encouraged to volunteer during disasters.  Fear of:  Being sued  Being liable for further damage, injury, or death

 Volunteers engaging in CERT are protected by what are nicknames the “Good Samaritan Laws”  These protect people who provide care in a prudent and reasonable manner

 Passed in 1997 under President Clinton  Federal Law, not a state law  Purpose: encouraging people to volunteer in services and easing fears of volunteer liability

 The FIRST job of the CERT volunteer is to secure him/herself and the family  The volunteer should also have safety gear in several locations in order to have easy access to them. In order to be covered the volunteer must be wearing the proper gear

 Provides immunity if:  The Volunteer was acting within the scope of his or her responsibilities at the time of the alleged act  The volunteer was properly licensed, certified or authorized to act  The harm was not caused by willful, criminal, or reckless misconduct  The harm was not caused by the volunteer operating a motor vehicle, vessel, or aircraft where the state requires an operator’s license and insurance

 Individual states may make laws that further protect volunteer workers.  The minimum protection is The Volunteer Act of  States may provide more protection but may also require more of the volunteers

 States may require the volunteer to do some of the following things in order to receive more protection:  Carry liability insurance at a specified level  Receive training from the nonprofit organization  Receive prior written authorization in order to act

 In order to be covered under law, CERT members are required to wear:  Helmet  Goggles  N95 Mask (if necessary)  Gloves (work, non-latex exam)  Sturdy shoes or boots