KRS 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 c overed when performing hazardous materials emergency

response operations defined in 29 C.F.R. 1910.120 which are above the first -

responder 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 pur suant 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 substance s 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.