Disaster Service Workers – If You Call Them, Will They Come?

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This workbook is designed to give Managers, Human Resources Staff and Risk Managers a labor and employment law perspective on disaster response.  The workbook will address many subjects related to disaster service such as administering the loyalty oath, increasing the likelihood that employees will respond in the event of a disaster and creating disaster response policies and procedures.

Topics Include:

  • Background
    • What Is The California Emergency Services Act?
    • How Does the Emergency Services Act Affect Your Agency?
    • What Is the State Emergency Plan?
    • What Is the Standardized Emergency Management System?
    • What Is Mutual Aid?
    • Proclamation of a Local Emergency
    • Continuity of Local Government
    • How Is the Emergency Services Act Relevant to Public Employees?
  • How Do Public Employees Become Disaster Service Workers?
    • Employees Must Take and Sign Loyalty Oaths (or Affirmations) and Submit Certain Information for Filing with the Appropriate Authorities
    • What if an Employee Has Not Been Given the Loyalty Oath/Affirmation?
    • Making Any False Statements While Taking the Oath/Affirmation
    • Why Register Public Employees as Disaster Service Workers?
    • Disaster Service Worker Classifications
  • Duties and Responsibilities of Disaster Service Workers
    • What is “Disaster Service?”
    • What Is Not Considered Disaster Service?
  • Preparing Disaster Plans and Policies
  • What if Employees Refuse to Perform Their Disaster Assignment?
  • Compensation for Performing Disaster Service
    • Must the Agency Pay Its Employees for Performing Disaster Services?
    • Must the Agency Pay Employees to Stay Home?
  • Agency Employees Who Are Injured While Performing Disaster Services Are Entitled to Workers’ Compensation Benefits
    • Agency’s Workers’ Compensation Insurance
    • State Compensation Insurance Fund
  • Limited Immunity from Liability
    • Federal Law
    • State Law
    • When Is Immunity Not Available?
  • State of War Emergency        
    • Governor Has Authority to Issue Lawful Orders
    • Penalties for Refusing to Obey or Willfully Neglecting Orders
  • Federal Declarations  
    • Background:  Robert T. Stafford Disaster Relief and Emergency Assistance Act
    • Obtaining a Federal Declaration
  • Registered Disaster Service Worker and Convergent Volunteers 
    • Registered Disaster Service Worker Volunteers
    • Convergent Volunteers
    • Registration of Disaster Service Worker and Convergent Volunteers
    • Managing Convergent Volunteers
  • Disaster Supplies Kits

This document is provided as a benefit to Liebert Library subscribers and cannot be shared outside of their organization. The information contained within is a template only and is not designed to address the specific and unique issues, internal rules, practices, and/or governing documents that might be in place at your organization. You should always consult with legal counsel prior to implementation of any documents.

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