Volunteer Risk, Injury Coverage, and Indemnification: Difference between revisions

From Portland NET Wiki
← Older edit
VisualWikitext
mNo edit summary
 
(12 intermediate revisions by the same user not shown)
Line 1: Line 1:
== Policy Summary: PBEM NET and BEECN Volunteer Indemnification ==
NET and BEECN volunteers are protected from liability by the City of Portland when deployed directly by PBEM or in response to an earthquake in the Portland metro area; '''''and''''' are engaging in response activities for which they have received PBEM training or are engaging in PBEM-approved training activities. Indemnification applies only to fully trained NET and BEECN volunteers in good standing; [[Affiliated Team Volunteers (ATVs)|ATVs]] are not indemnified.
The City of Portland '''''does not provide injury coverage to PBEM volunteers.''''' PBEM volunteers are at their own risk for personal injury and/or property damage even when deployed by PBEM.
{| class="wikitable" style="width: 30%;"
|+
|'''Effective date'''
|November 19, 2013
|-
|'''Last revised'''
|N/A
|-
|'''Policy owner'''
|PBEM Community Preparedness Team
|-
|'''Author(s)'''
|Carmen Merlo (PBEM); Franco Lucchin (Portland City Attorney)
|}
</br>
__TOC__
</br>
=== Forms ===
None.<br/>
=== Reason for Policy ===
The City of Portland relies on trained disaster response volunteers to extend the reach of government during emergencies, disasters, and large scale community needs. Neighborhood Emergency Team Members provide essential services such as basic search and rescue, first aid, damage assessment, and emergency communications under the direction of the Portland Bureau of Emergency Management. In order for volunteers to act decisively and effectively in dynamic and high stress environments, they must have clarity about their legal protections when performing authorized duties in good faith and within the scope of their assignment.
This policy establishes that clarity. By defining when and how the City will indemnify, defend, and hold harmless NET Members, consistent with the Oregon Constitution and the Oregon Tort Claims Act, the City reinforces its commitment to supporting volunteers who act on its behalf. The policy reduces uncertainty, strengthens recruitment and retention of trained volunteers, and ensures that emergency service activities can be carried out without unnecessary hesitation due to concerns about personal liability.
<br>
=== Policy Statement ===
Subject to the conditions and limitations of the Oregon Constitution and Oregon Tort Claims Act, [http://www.oregonlaws.org/ors/30.260 ORS 30.260 through 30.300], the City shall indemnify, defend and hold harmless a NET Member for any tort claim arising out of a NET Member’s act or omission within the course and scope of the NET Member’s duties while the NET Member is performing emergency service activities under the direction of PBEM in connection with a state of emergency declared under ORS 401.309, or during a state of public health emergency proclaimed under ORS 433.441, or while the NET Member is engaged in training being conducted or approved by PBEM for the purpose of preparing the NET Member to perform emergency services, or while a NET Member is participating in non-emergency deployment activities with PBEM’s prior approval.
<br/>
<br/>
=== Scope ===
This policy applies to fully accredited NET and BEECN volunteers in good standing. The policy does not apply to any other PBEM volunteers.
<br/>
=== Responsibilities ===
;Portland Bureau of Emergency Management (PBEM)
: Responsible for making the policy clear to all accredited NET and BEECN volunteers, and serving as the initial intake point for any prospective claim (which will be relayed to the City Attorney's Office or City Risk). PBEM is also responsible for maintaining accurate records of volunteer status and training to support determinations regarding coverage under this policy.
; PBEM Volunteers
: Responsible for making this policy clear to any non-accredited volunteers they work with, such as non- BEECN ATVs or spontaneous volunteers (SUVs).
; Portland City Attorney's Office
: Reviews this policy at PBEM's request for any changes.<br/>
<br/>
=== Definitions ===
{| class="wikitable" style="width: 50%;"
|+
!Term
!Definition
|-
|[[Affiliated Team Volunteers (ATVs)|Affiliated Team Volunteer (ATV)]]
|A volunteer who supports a NET team but does not hold full "Active NET" status.
|-
|Neighborhood Emergency Team (NET)
|A community-based group of volunteer disaster responders whose members are trained and certified by the Portland Bureau of Emergency Management.
|-
|[[Spontaneous Unaffiliated Volunteers (SUVs)|Spontaneous Unaffiliated Volunteer (SUV)]]
|People who help in disaster response/recovery without being part of a disaster relief organization. They often show up after a disaster, and they may not have formal training.
|}
<br/>
== Implementation Details ==
Any prospective tort claim arising from the activity (or inaction) of an indemnified NET or BEECN volunteer will be reported to PBEM staff by the volunteer as soon as possible. PBEM will consult with the City Attorney's Office and/or City Risk for next steps.
<br/>
== Compliance ==
Compliance with this policy requires that NET and BEECN volunteers maintain active status and good standing in accordance with PBEM program requirements, including completion of required training, adherence to operational/deployment protocols, and compliance with the NET Code of Conduct. Indemnification applies only when volunteers are acting within the course and scope of authorized PBEM duties and under direction or prior approval, as described in this policy.
Failure to maintain active status, acting outside the scope of assigned duties, or engaging in unauthorized activities may result in loss of indemnification protections. <br />
<br />
== Related Information ==
* [[PBEM Volunteer Code of Conduct|PBEM Code of Conduct]]
* [[Background Checks|Criminal Background Policy]]
<br/>
== Frequently Asked Questions (FAQs) ==
TBA<br />
<br />
== Program/Policy Background ==
TBA
#
https://toddjasper.com/2012/07/23/review-of-recently-released-cert-liability-guide/
https://toddjasper.com/2012/07/23/review-of-recently-released-cert-liability-guide/


https://www.oregon.gov/das/Risk/Pages/ToolkitVol.aspx
https://www.oregon.gov/das/Risk/Pages/ToolkitVol.aspx
Retrieved from "https://volunteerpdx.net/index.php/Volunteer_Risk,_Injury_Coverage,_and_Indemnification"