Legislature(2007 - 2008)CAPITOL 17
01/28/2008 03:00 PM House LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| HB315 | |
| HB320 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 315 | TELECONFERENCED | |
| *+ | HB 320 | TELECONFERENCED | |
HB 320-SEARCH & RESCUE: CERTIFICATION/WORK.COMP 3:35:31 PM CHAIR OLSON announced that the next order of business would be HOUSE BILL NO. 320, "An Act relating to certification of search and rescue personnel and organizations; requiring certain search and rescue personnel to be considered state employees for purposes of workers' compensation coverage; and allowing municipalities to elect to provide workers' compensation insurance coverage for search and rescue personnel." REPRESENTATIVE KEVIN MEYER, Alaska State Legislature, speaking as the prime sponsor, explained that HB 320 addresses providing workers' compensation for search and rescue volunteers. Alaskans live here to enjoy and explore the wilderness, although exploring can be a bit dangerous and sometimes people needed to be rescued, he remarked. He highlighted that search and rescue volunteers are often the first responders. In the past six years, search and rescue volunteers and the Alaska State Troopers (AST) rescued more than 2,300 people. Since many search and rescue personnel are volunteers and are not compensated for their efforts, it seems that the least the legislature can do is to provide them with workers' compensation in case they are injured in the course of rescuing or attempting to rescue others, he opined. He noted that currently volunteer emergency medical technicians (EMTS) are covered under workers' compensation and HB 320 would extend the same workers' compensation coverage to search and rescue volunteers. Since it is important to make sure these are legitimate organizations, he relayed that he asked the Department of Public Safety (DPS) to oversee and certify the organizations and to set the standards for certification in regulation. Through that process the groups will have an opportunity to provide input. 3:38:14 PM MIKE PAWLOWSKI, Staff to Representative Kevin Meyer, Alaska State Legislature, in response to a question by Representative Ramras, confirmed that the State of Alaska is self-insured. 3:38:34 PM REPRESENTATIVE LEDOUX inquired as to whether there have been many instances of volunteer workers suing the state. She explained that although it is not explicitly specified in the bill, providing workers' compensation services would remove the search and rescue volunteer's right to sue the state for civil damages. She inquired as to whether the bill stemmed from a lawsuit. REPRESENTATIVE MEYER explained that a constituent requested the bill because the constituent participates in a search and rescue organization. He noted that a lawsuit has not yet arisen. MR. PAWLOWSKI further responded that AS 18.60.125 specifically provides civil immunity to the state. He offered to provide the committee with a copy of the statute. He said that the discussion for HB 320 is about being proactive and acting prior to a search and rescue person being involved in an accident. Furthermore, the bill may curb what might happen to the volunteer pool if volunteers were to realize they are not covered by workers' compensation if injured while performing search and rescue volunteer work. 3:40:43 PM REPRESENTATIVE LEDOUX surmised that since there is already civil immunity, HB 320 would not have a negative impact to the state. MR. PAWLOWSKI answered that he believes that's the case. 3:40:53 PM REPRESENTATIVE GATTO inquired as to whether volunteers are considered state employees while on search and rescue missions. REPRESENTATIVE MEYER answered yes, just during the volunteer work. 3:41:05 PM REPRESENTATIVE GATTO related a scenario in which a person is a laborer who earns $50 per hour and hurts his back while performing search and rescue volunteer activities such that he can no longer work as a laborer. He asked how that person would be treated under HB 320. 3:41:39 PM REPRESENTATIVE RAMRAS referred to page 2, line 15 proposed [AS 23.30.238(b), which refers to the earnings calculation]. REPRESENTATIVE MEYER concurred with Representative Ramras that there is a method in HB 320 for calculating the state's exposure. REPRESENTATIVE GATTO related his belief that the state would be responsible for rehabilitation and training for a new job. If it is a situation in which the new job does not pay comparable to the laborer position, what would happen, he asked. 3:42:59 PM MR. PAWLOWSKI explained that it is a policy call as to how much coverage to pay a volunteer injured while participating in a mission or a training exercise. He said HB 320 puts the injured volunteer in line with an EMT's salary. He also said there are volunteer firefighters, disaster volunteers, and several other places within the workers' compensation statutes that could be examined to determine the level of coverage. He noted that there is a representative from the Department of Labor & Workforce Development that might be able to assist the committee in making that policy call. In further response to Representative Gatto, Mr. Pawlowski related his understanding that death benefits are included in the workers' compensation statutes. REPRESENTATIVE GATTO noted his agreement. 3:44:05 PM REPRESENTATIVE GARDNER stated that currently the state covers EMTs, firefighters, volunteer ambulance attendants, and police officers under workers' compensation. She asked if volunteer ambulance attendants receive formal training or certification. She expressed concern about adding a layer of certification for volunteers who aren't professionally employed in related fields. She inquired as to DPS's opinion of HB 320. She also asked if the Alaska mountain rescue group has been consulted. REPRESENTATIVE MEYER related the desire for those various [volunteer] groups to be approved by DPS so that they are qualified and trained volunteers. MR. PAWLOWSKI explained that DPS and the Alaska Search and Rescue Association (ASARA), an umbrella group, have been contacted. One option being discussed is whether the DPS might prefer to certify the groups rather than its individual members and leave the training to the individual members. He noted that many volunteer groups work in conjunction with the DPS during search and rescue missions. In further response to Representative Gardner, Mr. Pawlowski answered that he was not sure what the specific criteria are for volunteer ambulance attendants. He offered to get back to the committee on that. REPRESENTATIVE GARDNER inquired as to whether there is a role for the non-professional citizen volunteer, who is not interested in a certification program to help. If so, is the bill an impediment to that activity, she asked. MR. PAWLOWSKI recalling discussions with different groups said he didn't believe HB 320 would be an impediment. Coverage should occur for volunteers participating during a sanctioned event by the DPS. 3:48:44 PM REPRESENTATIVE GARDNER expressed concern that the layers of sanctions or certifications might curb a person's natural desire to help. REPRESENTATIVE MEYER said that is not the intent, and offered to clarify that in HB 320. He suggested that perhaps a letter of intent could help so that when regulations are written, the regulations will not prohibit the public from engaging in search efforts. 3:49:29 PM REPRESENTATIVE NEUMAN noted that the search and rescue volunteers are generally pretty well trained. He said the volunteers learn to avoid problems, like being involved in an avalanche themselves, but inquired as to how many claims have been filed in the last 20 years by search and rescue volunteers. REPRESENTATIVE MEYER answered that he was aware of only two instances of claims, although there may be more. REPRESENTATIVE NEUMAN explained, to keep this in perspective, that there are relatively few instances in which search and rescue volunteers are injured. 3:50:56 PM REPRESENTATIVE GATTO inquired as to whether the bill included recovery efforts because those efforts can sometimes be more dangerous than rescue operations. MR. PAWLOWSKI answered that when coverage should be triggered is part of the ongoing discussions with DPS. He said that AS 18.60.120, gives the DPS commissioner the authority to conduct search and rescue and recovery, but that the coverage should be linked to the commissioner's decision when search and rescue efforts actually become a search and rescue operation. 3:52:07 PM REPRESENTATIVE GARDNER asked about the genesis of the bill. MR. PAWLOWSKI answered that a constituent, who is a member of the ASARA, asked that the state provide workers' compensation for volunteer search and rescue workers. 3:52:38 PM REPRESENTATIVE LEDOUX inquired as to how HB 320 would affect a firefighter, who works for a municipality as a paid firefighter, who also volunteers with a search and rescue organization outside the municipality during his off-duty hours. She then requested clarification of the level of wages to which the volunteer would be entitled if he were injured. REPRESENTATIVE MEYER answered that the bill sets up compensation based on the gross earnings of a medical technician in the city or village nearest to the location of the rescue mission. CHAIR OLSON added that the person would receive full medical benefits and some compensation, but that currently the volunteer would not be entitled to any compensation. 3:54:16 PM REPRESENTATIVE GATTO related that he once worked as an Anchorage firefighter, but that MOA prohibited its employees from volunteering in another location because MOA did not want to train firefighters and lose the training invested in the individual. He added that there is often a mutual response agreement between different areas that allow for reciprocity and mutual response between the firefighter organizations. Therefore, those individuals working in areas with which there were reciprocal organizations would be considered on-duty for the purpose of workers' compensation and injury. 3:56:01 PM RODNEY DIAL, Lieutenant Deputy Commander, "A" Detachment, Division of Alaska State Troopers (AST),Department of Public Safety explained that the DPS is somewhat supportive of the bill, as amended, because it removes the responsibility for DPS to set qualifications to certify and maintain a registry. However, DPS believes the coverage should be limited to actual missions and not to training. He expressed concern that there will be an expense for DPS to pay premiums for workers' compensation coverage, although he was uncertain what the cost would be. 3:57:17 PM LIEUTENANT DIAL, in response to Representative Gardner, answered that if DPS is required to provide these services, it will result in a substantial fiscal note since it would require additional staff to create a certification program. REPRESENTATIVE GARDNER inquired as to whether these functions could be delegated to an existing board or organization that currently provides similar services. LIEUTENANT DIAL said that would have to be discussed with the commissioner. 3:58:14 PM REPRESENTATIVE GATTO turned attention to the fiscal note for DPS and asked whether this funding is all for training or if part of it would cover workers' compensation. LIEUTENANT DIAL answered that the fiscal note is for personnel costs only and that premium coverage for workers' compensation is not included in the fiscal note. 3:58:48 PM CORY AIST, President, Alaska Search and Rescue Association (ASARA), said that along with Lieutenant Dial, most search and rescue organizations efforts would support HB 320 to help offset costs of its volunteers who might sustain injuries. He said that numerous search and rescue operations are carried on - weekly or daily - and are a joint effort by AST, other agencies, and a lot of volunteers. He said that with some of the changes HB 320 is moving in the right direction. 4:00:11 PM REPRESENTATIVE GARDNER inquired as to the certification provisions of HB 320, and asked whether ASARA currently has a program to certify volunteers. She asked whether Mr. Aist preferred the certification be done under state authority. She also asked how many volunteers he estimates would participate under a proposed state certified program. MR. AIST explained that certification is a difficult issue because search and rescue organizations are moving away from certifications to standards. He said a standard includes a list of criteria that must be met in order for the volunteer to be "mission ready". Each organization throughout the state, depending on its expertise, creates a standard that its members must meet to become active. Therefore, when AST calls a mountain rescue group, the mountain rescue group members will already possess specific training and will have met a standard. He noted that the standards vary. From his experience with AST, he opined, the troopers have a good understanding of the rescue organizations and call on them to supply the volunteers needed for a particular mission. He said that whether the AST wants to monitor the standards the organizations are adhering to or to task that function to an association or other group, is worth considering. REPRESENTATIVE GARDNER inquired as to whether the certification/standard language in HB 320 would change the way the ASARA operates or whether it would be an impediment. MR. AIST replied that the word "certification" does upset volunteers because "certification" implies a degree. If HB 320 were changed to reflect that organizations must meet certain standards set by DPS, there would be more interest by search and rescue organizations around the state, he opined. REPRESENTATIVE GARDNER inquired as to the turnover in search and rescue organizations. MR. AIST acknowledged that there is quite a bit of turnover, but pointed out that a core set of people generally respond to a large majority of the search and rescue operations. However, when a particular search develops and grows, the professional volunteers expand to include spontaneous volunteers, who are generally people in the community who have no training, but who want to help. The trained volunteers oversee the community volunteers involved in any operation. 4:04:25 PM REPRESENTATIVE RAMRAS said that he is working with Chair Olson on a steady funding source for the Alaska Fire Standards Council, and asked whether an organization like that one would help to standardize and broaden out search and rescue volunteers' training. MR. AIST said he was not familiar with that organization, and he was not sure if ASARA would be part of that training effort. 4:05:16 PM REPRESENTATIVE GATTO stressed the importance of the work done by ASARA, and asked who bears the expense of the specialized equipment, such as a dry suit or climbing gear. He related it was his understanding that typically the individual volunteer pays for the initial equipment. He asked whether HB 320 would help in any way to pay for the replacement equipment. MR. AIST agreed that most individuals pay for their own equipment and pay for their own search and rescue training. As a dog handler, he relayed that he has had an incredible relationship with AST on search and rescue operations and has always been treated professionally. He offered his understanding that AST has a budget for replacement of search and rescue equipment when a volunteer's equipment has been damaged or lost on a mission. He suggested that Lieutenant Dial could speak to that matter. MR. AIST, in response to a question by Representative Buch, specified the AST funding would not cover replacement of rescue dogs. 4:07:27 PM CHUCK SPRINGER, Past President, Alaska Search and Rescue Association (ASARA), stated that he is the past president of the ASARA, a volunteer member of the Anchorage Police Department (APD) auxiliary search team, and an observer with the AST HELO 1. He explained that the concept of providing workers' compensation is to protect families of volunteer rescue workers in the event that a search and rescue volunteer is hurt. He expressed concern that in the future there may be an instance in which a search and rescue volunteer is hurt or killed, and that a family could be dramatically and adversely impacted. He said that HB 320 could help families by providing financial support in the form of workers' compensation benefits. 4:09:17 PM PAUL LISANKIE, Director, Central Office, Division of Workers' Compensation, Department of Labor & Workforce Development, in response to an earlier question, stated that death benefits are provided under the Workers' Compensation Act, which would be part of the benefits paid out in the event a volunteer search and rescue worker was killed. REPRESENTATIVE GATTO inquired as to the amount of the death benefits. MR. LISANKIE explained that it depends on the family status. If single, the death benefit is $5,000, with a one-time payment to the second injury fund of $10,000, so long as there are no surviving children or dependent parents. If the volunteer search and rescue worker had a spouse and children, the survivors would receive weekly benefits, roughly the equivalent of total disability, which could be paid out for a significant period of time. However, benefits are cutoff by remarriage or after 12 years, unless the spouse is of a certain age. He reiterated that there is not a specific dollar amount except for the single person who dies without dependants. REPRESENTATIVE GATTO inquired as to whether there is a federal benefit. MR. LISANKIE responded he was not aware of specific federal benefits available to search and rescue volunteers who are hurt or killed during rescue missions. REPRESENTATIVE GATTO said he was strongly suspicious that there is a federal death benefit available. 4:11:58 PM CHAIR OLSON announced that public testimony would be held open on HB 320 and that he did not intend to take action on the bill today. He said he anticipates that the committee will have a committee substitute prepared soon.
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