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