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HomeMy WebLinkAboutCC 8 WORKERS COMPDATE: February 7, 1980 TO: Dan Blankenship, City Administrator FROM: Personnel SUBJECT: Workers Compensation - Volunteer Workers CO SENN CALENDAR • �z -80 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 cJ� � VtitN3"� /Z-C.L CtY✓aS., �-f/i /i�--f:'t N-� U11 �G�-�- 4-�'f�-�. 1 2 3 4 5 7 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 VVEMe :