HomeMy WebLinkAboutCC 8 WORKERS COMPDATE: February 7, 1980
TO: Dan Blankenship, City Administrator
FROM: Personnel
SUBJECT: Workers Compensation - Volunteer Workers
CO SENN CALENDAR
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Inter -Com
On May 22, 1979, the governor signed Senate Bill 58 which altered Labor Code
3363.5. This change states that volunteers are not covered under the workers
compensation laws unless so designated by the jurisdiction. With this law a
volunteer employee, i.e. recreation, police reserve, would have to file a claim
under the City's liability policy not the workers compensation plan. Also, it
should be noted that if one group of volunteer employees is covered all shall be
covered. Since the City in the past has paid claims for injury under workers
comp for reserves, that all other volunteers should be covered. This would
include recreation and in the future public safety volunteers.
If the word was to get out that if an employee who volunteered their time for
the benefit of the City and was injured, but had to sue the City under the
liability program, the City may find it difficult to obtain volunteers. Except
for police reserves and the public safety volunteer concept most volunteers have
a very low exposure to injury. Even the police reserves have a low incident
rate. At present Personnel does not have data for public safety volunteers.
Recommendation: That the City of Tustin adopt a resolution stating the intent
of considering all volunteers under the workers compensation program.
U'"�� ke Ta
Personnel Director
Attachment
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RESOLUTION NO. 80-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, ADOPTING WORKERS COMPENSATION COVERAGE FOR
POLICE RESERVES AND ALL CITY VOLUNTEERS
The .City Council of the City of Tustin hereby resolves:
SECTION 1: .The provisions,.onfl,,California Labor Code Section 3363.5
are .hereby adopted. A person
J�wh,,o/#61r s voluntary service or is a City of
Tustin: Police Reserve Off�icexj,' eG']hout pay as designated and authorized by the
City Council of Tustin, s�aA be deemed to be an employee of the City of Tustin
for the purpo s of Workers Compensation coverage while performing such service.
SECTION 2: This section does not make a volunteer an employee of
r
the City �p any purpose other than such coverage, nor grant nor enlarge upon
any otker right, duty.or responsibility of a volunteer.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Tustin on February 19, 1980.
CITY CLERK
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