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39F.170 Workers' compensation coverage -- Limitations -- Enrollment.
Rescue squad organizations or members of them or individuals associated with
them for the purposes of receiving workers' compensation benefits paid by the
division shall be covered by those benefits when performing emergency
preparedness, response, or recovery functions, with the following limitations:
(1) Rescue squad organizations and individuals 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 rescue squad organization.
(2) Rescue squad organizations and individuals shall not be covered when
involved in any law enforcement activity, including security or evidence
recovery, except for traffic control at an accident scene or the recovery of
evidence by diving or dragging when the assistance is requested by law
enforcement authorities.
(3) Rescue squad organizations and individuals shall not be covered when the
primary purpose of the mission is the provision of emergency medical care or
first aid. However, coverage shall be extended when:
(a) A rescue squad provides emergency medical transportation when
inclement weather or rough terrain prevents a regular ambulance from
providing transportation. Transportation may be provided only upon
request of the appropriate emergency medical services agency. The
distance of travel shall be restricted to the nearest appropriate medical
facility or ambulance;
(b) Additional personnel or equipment are required to supplement existing
emergency medical services which have been overtaxed at an incident
which is subsequently declared as an emergency by any official
authorized to make such a determination; or
(c) A rescue squad provides first aid, or emergency medical care is rendered
as a necessary function during a rescue mission, and the primary purpose
of the mission was the rescue and not the provision of emergency
medical care.
(4) Rescue squad organizations or individuals shall not be covered when engaging
in firefighting unless the firefighting was performed as a secondary function to
protect persons involved in a rescue mission.
(5) Rescue squad organizations or individuals shall not be covered when engaging
in hazardous materials response, containment, cleanup, or other operations
related to hazardous materials, when operating at the hazardous materials
technician or hazardous materials specialist level of operation as defined in 29
C.F.R. 1910.120.
(6) No person shall be covered unless enrolled on a workers' compensation
enrollment form and filed with the area manager of the division, except when
the magnitude of an emergency, or a training exercise, is so great that a local
emergency management 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 of the division within
twenty-four (24) hours of the conclusion of the emergency or the training
exercise.
Effective:July 15, 1998
History: Created 1998 Ky. Acts ch. 226, sec. 99, effective July 15, 1998.
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