Disaster Service Worker Volunteer Program (DSWVP)

1. Disaster Service Worker Volunteer Program (DSWVP) Southern California CERT Regional Workshop March 6, 2014

2. Describe the benefits and components of the Program • Explain the revised Regulations and their application • Identify the ‘anatomy’ of a worker’s compensation claim

3. History • Nation at war • Pacific situation • Fear of mass attack on CA Coast • Volunteer workforce • Recruited and trained • No expectation of compensation • Legislative action

4. Legislation • Certified War Councils (renamed Disaster Councils) as “accredited” • Allowed registration of volunteers as DSWs • Provided worker’s compensation to registered volunteers • Offered limited liability protection • Required Loyalty Oath • For proper enrollment as a DSW volunteer

5. Program Administration California Governor’s Office of Emergency Services • Approves disaster council accreditation, regulations, classifications • Delegates registration/oath authority to state agencies • Manages DSW appropriation - Works with State Fund and Cal OES Divisions • Reviews claims, authorize settlements, issue checks • Ensures compliance: Centers for Medicare & Medicaid Services - Federal reporting mandate: Medicare beneficiaries Ref: ESA, GC 8585.5, 8585.7

6. Program Administration (continued) State Legislature • Approves DSW appropriation in state budget (annually) • Source of funding: General Fund • Funds pay approved workers’ compensation claims State Compensation Insurance Fund (SCIF) • Processes claims • Calculates benefits • Communicates with Cal OES from start of claim to closure

7. Program Administration (continued) Accredited Disaster Councils or Authorized Designees* • Registration (Group or Individual): ⇨ Complete DSW registration form: applicant & government entity. ⇨ Administer Oath at meeting or event/activity by authorized official. ⇨ File and maintain DSW records. • Supervision: √ Decide who acts in supervisory capacity and how supervision performed √ Determine criteria, i.e. experience, training √ Provide Program education, worker’s compensation claim instruction *Government/public entities delegated Program authority by the ADC.

8. Program Administration (continued) Accredited Disaster Councils or Authorized Designees* • Training: Determine • Minimum emergency management experience • Curriculum, number of exercises, hours • License/certification for a given classification • Background Checks: Required? Considerations 1. Classification – Duties performed? Volunteer contact? 2. Cost - $$$ Who pays? 3. How to interpret findings? What to do with information? *Government/public entities delegated Program authority by the ADC.

9. Program Regulations (Revised / Approved December 17, 2012) • DSW Volunteer • Disaster Service: Eligible & Excluded Activities • DSW Registration • Volunteer Classifications • Oath Authority • File Retention & Recordkeeping • Worker’s Compensation Claims

10. Approved Revised Regulations Effective: 12/17/2012 KEY REVISIONS: • Statutory Inclusion (i.e. Agency name change, amended filing language) • Supervision: Clarification/Definition [CCR §2570.2(b)(1)] • Background Check (CCR §2572.1) • Eligible & Excluded Activities: Definition [CCR §2570.2(b)(1)] • Classifications: Description updates/Addition (CCR §2572.1) • Registration and Training (CCR §2573.1) • Claim Submissions: Training document addition (CCR §2573.3)

11. A DSW Volunteer Is An Individual: • Registered with: • Accredited Disaster Council (ADC) or Authorized Designee (i.e. ADC designates County Animal Control) • Cal OES or authorized state agency • Receives no pay • Activated by registering agency • Impressed into service (rare) • Auxiliary Firefighter EXCLUDES: Volunteer Firefighters Spontaneous Unaffiliated volunteers

12. Who Can Be A DSW Volunteer: • Adults physically and mentally capable of performing disaster related activities • Employed, unemployed, or retired persons • Volunteers under 18 with parental or legal guardian consent

13. Eligible Disaster Service Activities authorized in: California Emergency Services Act (ESA) ► Resulting from: • State of War emergency • State & Local proclaimed emergencies • Search and rescue missions • Official out-of-state deployments • Activities performed to mitigate imminent threat of extreme peril to life, property • Official mutual aid assistance ► Described in DSW classifications scope of duties ► Travel to and from the incident site REF: GC Sections 8558 & 8585.5 CCR §2570.2(b)(1)

14. Eligible Disaster Service (continued) ► Training May be required by: - ADC, authorized designee, supervising agency May include: √ Basic/Advanced/Refresher courses √ Exercises (Person in ‘victim’ role must be registered as DSW volunteer) √ Out-of-state: only under very specific criteria Must be: • Approved in advance by the ADC or authorized agency • Documented to verify participation • Supervised ► Offsite, onsite ►Paid staff, volunteers • Commensurate with classification

15. Excluded Activities • Day-to-day operations • Activities typically associated with emergency response agencies (i.e., assisting with single structure fires, traffic collisions; crowd control for concerts & sporting events) • Preparedness/Planned Activities • Educational fairs, first aid booths • Parades, festivals, fundraisers, smoke detector installations, website development, etc. • Self Activation • Travel to and from the training site

16. Where Can I Register as a DSW Volunteer? • Accredited Disaster Councils (ADC) • All 58 counties in CA • Most cities in CA • Authorized Designees of ADC • Government/public agencies • Cal OES • Law Enforcement Branch • Recovery Branch • Telecommunications Division • County OES • Authorized state agencies

17. Registration Required: • Name & address of registrant • Classification  More than one may be identified depending on scope of duties • Date enrolled (date Loyalty Oath signed) • Loyalty Oath √ Taken & signed by applicant before authorized official √Signed by authorized official √Signed prior to date of injury • Name of registering govt agency w/signature & title of authorized personCCR 2573.1(a)(4) Optional: Specialty, ID #, Emergency Contact, License #, Phone #

18. Volunteer Classifications • Animal Rescue, Care & Shelter • Communications • Community Emergency Response Team Member • Emergency Operations Center/Incident Command • Human Services • Fire • Laborer • Law Enforcement • Logistics • Medical & Environmental Health • Safety Assessment Program Evaluator • Search & Rescue • Utilities

19. Who Has Authority to Administer the Oath? • Authorized Persons(GC §3104) • Elected officials • Designated public officials • County and city clerks • Notary public • Cal OES Director *No fee may be charged for the oath administration NOTE:Volunteers CANNOT administer the Loyalty Oath

20. Registration Form Completed by ADC or authorized designee. Completed by applicant. Applicant: subscribe, date & sign. Official: administer oath & sign.

21. File Retention & Recordkeeping • Loyalty Oath – Registration Form • State Agency – filed within 30 days • County – Clerk or Official Department personnel file • City – Clerk • Other authorized Public Agency - designated Officer/Employee of the agency • Available for inspection by SCIF/Cal OES • Registrations to be kept current • Storage: hardcopyor electronic format • If electronic format, requires written statement on file verifying that original used to scan, e-mail, attach in database, etc. • Destruction of records: 5 years after DSW’s service ends Ref: GC §3105

22. Worker’s Compensation Claims Required Documents: • SCIF Form 3301 – Claim Form • SCIF Form 3267 – Employer’s Report • DSW Volunteer Registration • Including Loyalty Oath • Written Incident Report If injury due to training: • Training Documentation • Pre-authorization of Training Activity

23. SCIF Form 3301 – Claim Form • Injured DSW Volunteer • Completes Employee section • ADC/Supervising Agency • Completes Employer section • Provides copy of completed form to volunteer • Mails original to SCIF within 5 calendar days after receipt from DSW volunteer

24. SCIF 3301Worker’s Compensation Claim Employee/Injured DSW Volunteer • Lines 1- 7 • Line 8 (Signature) Employer/ADC or Supervising Agency • Lines 9-13 Supervisor • Line 14 Pre-filled • Line 15 N/A • Line 16 Supervisor’s signature • Line 17 Supervisor’s title • Line 18 Phone number

25. SCIF Form 3267 – Employer’s Report • ADC/Supervising Agency • Completes within 5 days of injury notification • Mails original to SCIF OR • Calls 24 hr. Claims Reporting Center at: (888) 222-3211 • Faxes or emails copy to Cal OES Do notwait for completed SCIF Form 3301 Do nothave volunteer complete

26. SCIF 3267Employer’s Report • 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

27. Training Documents If injury is due to training: • Training log sheet or similar document verifying participation showing: • Volunteer’s name • Time in/time out • Supervisor’s name/signature • Date • Name of event • Pre-authorization of training activity must be: • Approved in advance • Commensurate with DSW classification

28. DSW Volunteers & Mutual Aid Assistance Claims Submission Requesting Agency needs DSW volunteers Both Agenciesprovide copies of all documents to each other. Requesting Agency Mail original 3267, 3301 to SCIF & fax/e-mail copies to Cal OES. Fax/e-mail copies: incident report to SCIF & Cal OES; Fax/e-mail training docs, if applicable, to SCIF & Cal OES Sending Agency Fax/e-mail Registration & Oath to SCIF & Cal OES Sending Agency deploys DSW volunteers DSW volunteer injured under Requesting Agency’s supervision Who submits paperwork? Who is responsible for paperwork? Requesting Agency SCIF 3267 – Completes Form SCIF 3301 – Provides Form to injured DSW volunteer Incident Report – Completes brief narrative Sending Agency DSW Registration & Oath Both Agencies coordinate efforts to complete & submit required forms

29. Claim Package Submission Step-by-step claim information located at:www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-Service- Worker-Volunteer-Program.aspx

30. DSWVPEBPAGE

31. Code Sections: • Labor Code • 3211-3211.93a • 3350-3371 • 3600-3605 • 4351-4354 • 5400 et. Seg • Civil Code • 1714.5 • Government Code • 3100-3109 • 8555-8561 • 8567 • 8585.5, 8585.7 • 8610-8614 • 8655-8660 • 8668 • Vehicle Code • 25259.1

32. Thank you! Anita Chant Kathryn Chin Program Lead Claims Analyst (916) 845-8763 (916) 845-8787 anita.chant@caloes.ca.gov kathryn.chin@caloesma.ca.gov DSWVP Regulations, Guidance & Related Documents: http://www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-Service-Worker-Volunteer-Program.aspx