Southern California CERT Regional Workshop March 6, 2014 1 Describe the benefits and components of the Program Explain the revised Regulations and their application Identify the ‘anatomy’ of a worker’s compensation claim 2 • Nation at war • Pacific situation – Fear of mass attack on CA Coast • Volunteer workforce – Recruited and trained – No expectation of compensation • Legislative action 3 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 4 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 State Legislature Approves DSW appropriation in state budget (annually) Source of funding: General Fund Fiscal Year (s) Amount 1988 - 2004 $ 663,000 2004 - 2008 $1,125,000 2008 - present $1,012,000 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 6 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. 7 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. 8 • DSW Volunteer • Disaster Service: Eligible & Excluded Activities • DSW Registration • Volunteer Classifications • Oath Authority • File Retention & Recordkeeping • Worker’s Compensation Claims 9 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) 10 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 11 Adults physically and mentally capable of performing disaster related activities Employed, unemployed, or retired persons Volunteers under 18 with parental or legal guardian consent 12 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) 13 ► 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: 1. Approved in advance by the ADC or authorized agency 2. Documented to verify participation 3. Supervised ► Offsite, onsite ►Paid staff, volunteers 4. Commensurate with classification 14 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 15 Accredited Disaster Councils (ADC) • All 58 counties in CA • Most cities in CA Authorized Designees of ADC • Government/public agencies Cal OES o Law Enforcement Branch o Recovery Branch o Telecommunications Division County OES Authorized state agencies 16 Required: 1. Name & address of registrant 2. Classification More than one may be identified depending on scope of duties 3. Date enrolled (date Loyalty Oath signed) 4. Loyalty Oath √ Taken & signed by applicant before authorized official √ Signed by authorized official √ Signed prior to date of injury 5. Name of registering govt agency w/signature & title of authorized person CCR 2573.1(a)(4) Optional: Specialty, ID #, Emergency Contact, License #, Phone # 17 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 18 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 19 Registration Form Completed by ADC or authorized designee. Completed by applicant. Applicant: subscribe, date & sign. Official: administer oath & sign. • 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: hardcopy or 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 21 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 22 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 23 Employee/Injured DSW Volunteer Lines 1- 7 Line 8 (Signature) Employer/ADC or Supervising Agency Lines 9-13 Line 14 Line 15 Line 16 Line 17 Line 18 Supervisor Pre-filled N/A Supervisor’s signature Supervisor’s title Phone number 24 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 not wait for completed SCIF Form 3301 Do not have volunteer complete 25 Lines 1-3 Lines 4-5 Line 6 Lines 7-10 Lines 11-16 Lines 17-26 Lines 27-29 Lines 30-34 Line 35 Lines 36-39 Lines 40-43 Line 1a pre-filled 4 pre-filled, 5 N/A Pre-filled If unknown, leave blank May have partial information Regular job– not DSW duties If unknown, leave blank 26 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 Sending Agency deploys DSW volunteers DSW volunteer injured under Requesting Agency’s supervision Both Agencies provide copies of all documents to each other. Requesting Agency 1. Mail original 3267, 3301 to SCIF & fax/e-mail copies to Cal OES. 2. Fax/e-mail copies: incident report to SCIF & Cal OES; 3. Fax/e-mail training docs, if applicable, to SCIF & Cal OES Sending Agency Fax/e-mail Registration & Oath to SCIF & Cal OES Who submits paperwork? Who is responsible for paperwork? Both Agencies coordinate efforts to complete & submit required forms Requesting Agency 1. SCIF 3267 – Completes Form 2. SCIF 3301 – Provides Form to injured DSW volunteer 3. Incident Report – Completes brief narrative Sending Agency 1. DSW Registration & Oath DOCUMENT SCIF SCIF 3267 CAL OES Fax Copy & Mail Orig SCIF 3301 DSW Registration & Oath Incident Report Training Pre-Authorization* Fax Copy COMMENTS SCIF Fax: 707-646-0562 Fax or Scan Copy Training Verification* CAL OES Fax: 916-845-8736 *Required for training related injuries Step-by-step claim information located at: www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-ServiceWorker-Volunteer-Program.aspx 30 31 Government Code ◦ ◦ ◦ ◦ ◦ ◦ ◦ 3100-3109 8555-8561 8567 8585.5, 8585.7 8610-8614 8655-8660 8668 Vehicle Code ◦ 25259.1 Labor Code ◦ ◦ ◦ ◦ ◦ 3211-3211.93a 3350-3371 3600-3605 4351-4354 5400 et. Seg Civil Code ◦ 1714.5 32 Anita Chant Program Lead (916) 845-8763 anita.chant@caloes.ca.gov Kathryn Chin Claims Analyst (916) 845-8787 kathryn.chin@caloesma.ca.gov DSWVP Regulations, Guidance & Related Documents: http://www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-Service-WorkerVolunteer-Program.aspx 33