Liability Protection FAQ
Summary Ohio Revised Code 121.404 provides liability protection to registered Ohio Citizen Corps (including Ohio Medical Reserve Corps) volunteers during local, state or federally declared emergencies, disasters, drills and trainings. The statute also exempts a registered volunteer's personal information on the Ohio Citizen Corps Database from public disclosure.
Sensitive/Personal Information What is the process for registration?There are 3 ways to register. Online at the OCSC website, written application delivered to OCSC, Onsite registration. Is any information available to the public? The Ohio Patriot Act has provided that all volunteer information is exempt from Ohio’s Public Records law as a Security Record.
Who has access to this information? Certain staff persons at the OCSC, Department of Health and OEMA. Those with authority to declare disasters will have access to basic volunteer information, but not safety sensitive information.
If there are errors or omissions, how can I get it corrected? Online or written application errors can be corrected in the same fashion.
What does "personal information" entail? Person information includes name, address, contact information, specific skills, and any other personal information provided.
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How long is this information maintained in the database? At this time, the information is maintained indefinitely, or until a volunteer opts out of registration, or forfeits their registration.
Does registering involve a background check? At this point, there is no background check, however, a committee has been formed and has strongly recommended that background checks be given prior to any volunteer registration. It is likely that this background check system will be implemented in 2008. We are currently exploring the various options available for background checks, including extent, vendor and payment options.
Protection Coverage
Who does this liability protection protect? The Ohio Patriot Act conferred limited liability protection on any persons who become registered volunteers in the OCSC database. Essentially, this means that if you cause an accident or injury due to negligent conduct, you have an affirmative defense to suit. However, malicious, reckless or intentionally injurious actions are not covered under this liability protection.
Can I be sued under this protection? Yes, you can be sued even if you did not intentionally mean to cause injury or damage. However, the Act confers upon the registered volunteer the affirmative defense of liability protection.
What happens if I am sued? If you are sued for actions committed during an officially declared disaster, and you as a registered volunteer have been called-up to assist, contact the OCSC or the Ohio Emergency Management Agency. There are provisions under IMAC and EMAC which will likely mandate the State pay for you legal defense. However, I caution you that at this point, rules are
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still being contemplated as to who specifically will represent you, or if reimbursement shall follow the obtaining of private counsel.
What is considered negligence? Negligence is a legal term of art, and essentially means that you were the proximate cause of an injury or accident, where a party suffered damage, though you did not intend to cause harm or damage. In plain English, it means you were in the field doing your job to the best of your ability, and an accident occurred which could be attributed to your actions.
Am I protected if I self-deploy? Doubtful. The protections offered under the Act and IMAC and EMAC protections are for registered volunteers that have been officially called up by their organization or the declarer of the disaster. Though onsite volunteers, not yet registered, will have an opportunity to spontaneously register at the site, and if the registration is successful, will be covered.
Will I still be protected if Ohio sends me to volunteer in another state? Yes, if you are called to serve in another state, through your official capacity as a registered volunteer, you will be covered. Under what circumstances will I be covered? …i.e. declared disasters, trainings…so on – The Act provides for limited liability protection for all registered volunteers called up to act in a declared disaster, and also for all registered volunteers participating in official trainings and exercises. Individual trainings, not sanctioned shall not be covered.
How do I am know I am covered under the liability protection? Once you become a registered volunteer in the OCSC database, you have the protection.
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How can I verify I am in the protected category? OCSC will confidentially contact those who have successfully been registered.
Is there a limit to the coverage? The coverage is an affirmative defense which will likely result in a dismissal of the cause of action against you. There is no actual coverage amount, because the Act contemplates the dismissal of the action based upon the liability protection. Will the state represent me if I’m sued? Probably, depending on the situation, and if you are a registered volunteer acting in a called-up capacity during a declared disaster. New rules are being drafted which would provide a specific procedure for contacting the State to obtain legal representation. When does the coverage begin and end? During drive time …On scene … Off scene …Immediately upon activation? The protection should extend to any activities reasonably related to your official volunteer status, including going to and from the disaster, however, keep in mind that if you violate the law in any manner, you no longer receive this protection because your conduct will no longer be considered merely negligent, it will be reckless.
Am I covered as non medical personnel in a medical emergency in which I may take action on my own initiative or at the request of medical personnel? (assuming not negligent) It would depend on the conduct, likely, if you were not reckless and were acting under emergency situation, you would be covered under the Good Samaritan Law, which is also an affirmative defense.
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What must the county or other disaster declaring agency do (if anything) to be sure I am covered? The political subdivision seeking to declare an emergency will have access to basic volunteer information from the database, and can call up volunteers based on need. What happens if I accidentally damage another volunteers auto with my auto while performing disaster duties? Whose insurance pays? The State has insurance conferred upon state employees and it is likely that the State would pay in the situation. Who pays for any lost or damaged equipment I bring to the response? (i.e. catch poles, humane traps, etc) EMAC provides for the Ohio Emergency Management Agency to reimburse for lost or damaged items during an officially declared disaster. Who pays if I lose or damage another agencies or volunteers equipment? See above. Part of CERT is to self deploy if your neighborhood is struck by a disaster until first responders can get on the scene. Are CERT members covered liability wise during this period or must they wait for an emergency declaration? For individuals that participate as "volunteers" on behalf of their employer within Ohio Citizen Corps, is there any liability protection afforded to their employer if the individual employee has protection? o If the volunteers are registered in the OCSC database, yet selfdeploy in an emergency without being called up, they may still apply the affirmative defense of the Act. However, there is currently some gray area as to whether the defense would be adequate. OEMA is currently working on rules which will hopefully fill the gap.
What do we need to do to make sure that all the events where MRC volunteers are use are included under the law for liability coverage? I know that the law spells out ‘trainings, exercises, drills, and emergencies’, so I will email serveohio.org for all of those events so that they can be listed on the web site as
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official events and covered, but what about when volunteers attend an awards banquet, or help out in first aid tents and flu clinics, or educate the public about the importance of preparedness? Are those covered? o Currently, it is debatable as to whether activities which cannot be classified as official trainings or exercises would be covered. By the plain language of the law, it is possible that the volunteer would not be covered, and until the rule is changed, or Courts interpret the language, there is simply no easy answer. Registration/Requirements Is there a minimum age? Registered volunteers must be age 18. How can I remove my name? Via communication with the database manager at the OCSC. What information do I need to supply to register? At this time, Name, address, date of birth, volunteer experience and skills, completion of an approved training course. How long am I registered; do I need to renew? Registration currently last between 3 and 4 years, with the requirement that a volunteer complete a refresher training course during the 3rd year in order to maintain registered status.
What do I need to do to remain eligible for this protection? Ensure that you update your trainings with approved courses.
What do I have to do to be covered under the liability protection? Sign up, get trained, etc. Must become a registered volunteer, including training and application and verification of credentials. Does any Citizen Corps type training keep me current or must I take a refresher course in the same type training (CERT, MRC, VRC, Etc.)? Is refresher type training being planned?
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Refresher trainings are being planned by staff at the OCSC currently, as to whether other, established trainings will be acceptable, please contact the OCSC. The status states that to maintain liability coverage, registered members must get training every three years. Is there a database that keeps track of my training?
Trainings will be attached to your profile in the database. I've heard that there is an effort to get all registered & trained Citizen Corps volunteers ID badges which indicates their level of training, etc. Is that true? If so, when could we expect them?
Volunteer ID badges are being contemplated by OEMA and the Department of Health, though no decision has yet been made as to type or availability. Declarations Who can declare a disaster? Generally, the Governor, in consultation with the heads of the Disaster Agencies. Locally, the most heads of political subdivisions have the power to also declare a disaster, depending on the subdivisions charter and local laws. Can a health department or health jurisdiction declare a disaster that would cover the volunteers? Only if approved by the Governor or head of the local political subdivision. Training - Are on-going trainings/ activities covered? Example: A CERT group helps every Friday at High School Football games providing basic first-aid. Example: A VIPS group regularly holds meeting and trainings for the public. The best answer I can give under the current state of the law is probably. Though again, until the rules are amended or a Court declares protection is conferred upon these types of participants, the answer must remain probably.
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