KRS § 39F.170 — KY Code / Title V / Chapter 39F / Section 39F.170
39F.170 Workers' compensation coverage -- Limitations -- Enrollment
Status: in_force

39F.170 Workers' compensation coverage -- Limitations -- Enrollment.

Rescue squad organizations or members of them or individuals associated with them for

the purposes of receiving workers' compensation benefits paid by the division shall be

covered by those benefits when performing emergency preparedness, response, or

recovery functions, with the following limitations:

(1) Rescue squad organizations and individuals shall not be covered when performing

fundraising functions, unless all proceeds of the function are to be dedicated to the

administration or operation of the rescue squad organization.

(2) Rescue squad organizations and individuals shall not be covered when involved in

any law enforcement activity, including security or evidence recovery, except for

traffic control at an accident scene or the recovery of evidence by diving or dragging

when the assistance is requested by law enforcement authorities.

(3) Rescue squad organizations and individuals shall not be covered when the primary

purpose of the mission is the provision of emergency medical care or first aid.

However, coverage shall be extended when:

(a) A rescue squad provides emergency medical transportation when inclement

weather or rough terrain prevents a regular ambulance from providing

transportation. Transportation may be provided only upon request of the

appropriate emergency medical services agency. The distance of travel shall

be restricted to the nearest appropriate medical facility or ambulance;

(b) Additional personnel or equipment are required to supplement existing

emergency medical services which have been overtaxed at an incident which

is subsequently declared as an emergency by any official authorized to make

such a determination; or

(c) A rescue squad provides first aid, or emergency medical care is rendered as a

necessary function during a rescue mission, and the primary purpose of the

mission was the rescue and not the provision of emergency medical care.

(4) Rescue squad organizations or individuals shall not be covered when engaging in

firefighting unless the firefighting was performed as a secondary function to protect

persons involved in a rescue mission.

(5) Rescue squad organizations or individuals shall not be covered when engaging in

hazardous materials response, containment, cleanup, or other operations related to

hazardous materials, when operating at the hazardous materials technician or

hazardous materials specialist level of operation as defined in 29 C.F.R. 1910.120.

(6) No person shall be covered unless enrolled on a workers' compensation enrollment

form and filed with the area manager of the division, except when the magnitude of

an emergency, or a training exercise, is so great that a local emergency management

director must solicit additional workers. At these times, the local director may

develop and maintain a list of workers, to include names, Social Security account

numbers, missions assigned, and dates covered and submit a copy of the list to the

area manager of the division within twenty-four (24) hours of the conclusion of the

emergency or the training exercise.