Southern California CERT Regional Workshop March 6, 2014 1

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  • Southern California CERT Regional Workshop March 6, 2014 1
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  • Describe the benefits and components of the Program Explain the revised Regulations and their application Identify the anatomy of a workers compensation claim 2
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  • Nation at war Pacific situation Fear of mass attack on CA Coast Volunteer workforce Recruited and trained No expectation of compensation Legislative action 3
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  • Certified War Councils (renamed Disaster Councils) as accredited Allowed registration of volunteers as DSWs Provided workers compensation to registered volunteers Offered limited liability protection Required Loyalty Oath For proper enrollment as a DSW volunteer 4
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  • California Governors Office of Emergency Services Approves disaster council accreditation, regulations, classifications Delegates registration/oath authority to state agencies Manages DSW appropriation - Works with State Fund and Cal OES Divisions Reviews claims, authorize settlements, issue checks Ensures compliance: Centers for Medicare & Medicaid Services - Federal reporting mandate: Medicare beneficiaries Ref: ESA, GC 8585.5, 8585.7
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  • State Legislature Approves DSW appropriation in state budget (annually) Source of funding: General Fund Funds pay approved workers compensation claims State Compensation Insurance Fund (SCIF) Processes claims Calculates benefits Communicates with Cal OES from start of claim to closure 6 Fiscal Year (s)Amount 1988 - 2004$ 663,000 2004 - 2008$1,125,000 2008 - present$1,012,000
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  • Accredited Disaster Councils or Authorized Designees* Registration (Group or Individual): C omplete DSW registration form: applicant & government entity. Administer Oath at meeting or event/activity by authorized official. File and maintain DSW records. Supervision: Decide who acts in supervisory capacity and how supervision performed Determine criteria, i.e. experience, training Provide Program education, workers compensation claim instruction *Government/public entities delegated Program authority by the ADC. 7
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  • Accredited Disaster Councils or Authorized Designees* Training: Determine Minimum emergency management experience Curriculum, number of exercises, hours License/certification for a given classification Background Checks: Required? Considerations 1. Classification Duties performed? Volunteer contact? 2. Cost - $$$ Who pays? 3. How to interpret findings? What to do with information? *Government/public entities delegated Program authority by the ADC. 8
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  • DSW Volunteer Disaster Service: Eligible & Excluded Activities DSW Registration Volunteer Classifications Oath Authority File Retention & Recordkeeping Workers Compensation Claims 9
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  • KEY REVISIONS: Statutory Inclusion (i.e. Agency name change, amended filing language) Supervision: Clarification/Definition [CCR 2570.2(b)(1)] Background Check (CCR 2572.1) Eligible & Excluded Activities: Definition [CCR 2570.2(b)(1)] Classifications: Description updates/Addition (CCR 2572.1) Registra tion and Training (CCR 2573.1) Claim Submissions: Training document addition (CCR 2573.3) 10
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  • Registered with: Accredited Disaster Council (ADC) or Authorized Designee (i.e. ADC designates County Animal Control) Cal OES or authorized state agency Receives no pay Activated by registering agency Impressed into service (rare) Auxiliary Firefighter EXCLUDES: Volunteer Firefighters Spontaneous Unaffiliated volunteers 11
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  • Adults physically and mentally capable of performing disaster related activities Employed, unemployed, or retired persons Volunteers under 18 with parental or legal guardian consent 12
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  • Activities authorized in: California Emergency Services Act (ESA) Resulting from: -State of War emergency -State & Local proclaimed emergencies -Search and rescue missions -Official out-of-state deployments -Activities performed to mitigate imminent threat of extreme peril to life, property -Official mutual aid assistance Described in DSW classifications scope of duties Travel to and from the incident site REF: GC Sections 8558 & 8585.5 CCR 2570.2(b)(1) 13
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  • Training May be required by: - ADC, authorized designee, supervising agency May include: Basic/Advanced/Refresher courses Exercises (Person in victim role must be registered as DSW volunteer) Out-of-state: only under very specific criteria Must be: 1.Approved in advance by the ADC or authorized agency 2.Documented to verify participation 3.Supervised Offsite, onsite Paid staff, volunteers 4.Commensurate with classification 14
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  • Day-to-day operations Activities typically associated with emergency response agencies (i.e., assisting with single structure fires, traffic collisions; crowd control for concerts & sporting events) Preparedness/Planned Activities Educational fairs, first aid booths Parades, festivals, fundraisers, smoke detector installations, website development, etc. Self Activation Travel to and from the training site 15
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  • Accredited Disaster Councils (ADC) All 58 counties in CA Most cities in CA Authorized Designees of ADC Government/public agencies Cal OES o Law Enforcement Branch o Recovery Branch o Telecommunications Division County OES Authorized state agencies 16
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  • Required: 1.Name & address of registrant 2.Classification More than one may be identified depending on scope of duties 3.Date enrolled (date Loyalty Oath signed) 4.Loyalty Oath Taken & signed by applicant before authorized official Signed by authorized official Signed prior to date of injury 5.Name of registering govt agency w/signature & title of authorized person CCR 2573.1(a)(4) Optional: Specialty, ID #, Emergency Contact, License #, Phone # 17
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  • Animal Rescue, Care & Shelter Communications Community Emergency Response Team Member Emergency Operations Center/Incident Command Human Services Fire Laborer Law Enforcement Logistics Medical & Environmental Health Safety Assessment Program Evaluator Search & Rescue Utilities 18
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  • Authorized Persons (GC 3104) Elected officials Designated public officials County and city clerks Notary public Cal OES Director *N O FEE MAY BE CHARGED FOR THE OATH ADMINISTRATION NOTE: Volunteers CANNOT administer the Loyalty Oath 19
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  • Registration Form Completed by ADC or authorized designee. Completed by applicant. Applicant: subscribe, date & sign. Official: administer oath & sign.
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  • Loyalty Oath Registration Form State Agency filed within 30 days County Clerk or Official Department personnel file City Clerk Other authorized Public Agency - designated Officer/Employee of the agency Available for inspection by SCIF/Cal OES Registrations to be kept current Storage: hardcopy or electronic format If electronic format, requires written statement on file verifying that original used to scan, e-mail, attach in database, etc. Destruction of records: 5 years after DSWs service ends Ref: GC 3105 21
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  • Required Documents: SCIF Form 3301 Claim Form SCIF Form 3267 Employers Report DSW Volunteer Registration Including Loyalty Oath Written Incident Report If injury due to training: Training Documentation Pre-authorization of Training Activity 22
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  • Injured DSW Volunteer Completes Employee section ADC/Supervising Agency Completes Employer section Provides copy of completed form to volunteer Mails original to SCIF within 5 calendar days after receipt from DSW volunteer 23
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  • Employee/Injured DSW Volunteer Lines 1- 7 Line 8 (Signature) Employer/ADC or Supervising Agency Lines 9-13Supervisor Line 14Pre-filled Line 15N/A Line 16Supervisors signature Line 17Supervisors title Line 18Phone number 24
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  • ADC/Supervising Agency Completes within 5 days of injury notification Mails original to SCIF OR Calls 24 hr. Claims Reporting Center at : (888) 222-3211 Faxes or emails copy to Cal OES Do not wait for completed SCIF Form 3301 Do not have volunteer complete 25
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  • Lines 1-3Line 1a pre-filled Lines 4-54 pre-filled, 5 N/A Line 6Pre-filled Lines 7-10 Lines 11-16If unknown, leave blank Lines 17-26 Lines 27-29May have partial information Lines 30-34 Line 35Regular job not DSW duties Lines 36-39If unknown, leave blank Lines 40-43 26
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  • Brief, concise account of incident Completed by supervising authority May be submitted on agency letterhead, fax cover sheet, or by email 27
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  • If injury is due to training: Training log sheet or similar document verifying participation showing: Volunteers name Time in/time out Supervisors name/signature Date Name of event Pre-authorization of training activity must be: Approved in advance Commensurate with DSW classification 28
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  • DSW Volunteers & Mutual Aid Assistance Claims Submission Requesting Agency needs DSW volunteers Sending Agency deploys DSW volunteers DSW volunteer injured under Requesting Agencys supervision Who is responsible for paperwork? Both Agencies coordinate efforts to complete & submit required forms Requesting Agency 1.SCIF 3267 Completes Form 2.SCIF 3301 Provides Form to injured DSW volunteer 3.Incident Report Completes brief narrative Sending Agency 1.DSW Registration & Oath Who submits paperwork? Requesting Agency 1.Mail original 3267, 3301 to SCIF & fax/e-mail copies to Cal OES. 2.Fax/e-mail copies: incident report to SCIF & Cal OES; 3.Fax/e-mail training docs, if applicable, to SCIF & Cal OES Sending Agency Fax/e-mail Registration & Oath to SCIF & Cal OES Both Agencies provide copies of all documents to each other.
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  • DOCUMENTSCIFCAL OESCOMMENTS SCIF 3267 Fax Copy & Mail Orig Fax or Scan Copy SCIF Fax: 707-646-0562 CAL OES Fax: 916-845-8736 SCIF 3301 DSW Registration & Oath Fax Copy Incident Report Training Pre-Authorization* *Required for training related injuries Training Verification* 30 Step-by-step claim information located at: www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-Service- Worker-Volunteer-Program.aspx
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  • Government Code 3100-3109 8555-8561 8567 8585.5, 8585.7 8610-8614 8655-8660 8668 Vehicle Code 25259.1 Labor Code 3211-3211.93a 3350-3371 3600-3605 4351-4354 5400 et. Seg Civil Code 1714.5 32
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  • 33 Anita Chant Kathryn Chin Anita Chant Kathryn Chin Program Lead Claims Analyst Program Lead Claims Analyst (916) 845-8763 (916) 845-8787 (916) 845-8763 (916) 845-8787 [email protected] [email protected] [email protected] [email protected] DSWVP Regulations, Guidance & Related Documents: http://www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-Service-Worker- Volunteer-Program.aspx http://www.calema.ca.gov/PlanningandPreparedness/Pages/Disaster-Service-Worker- Volunteer-Program.aspx