PRINTER'S NO. 434
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
397
Session of
2015
INTRODUCED BY MUSTIO, KILLION, BARRAR, MILLARD, D. COSTA,
READSHAW, STAATS, SONNEY, MULLERY, KOTIK, DRISCOLL, BIZZARRO,
FLYNN, COHEN, O'NEILL, MURT, HELM AND QUINN, FEBRUARY 9, 2015
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, FEBRUARY 9, 2015
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
reenacted and amended, "An act defining the liability of an
employer to pay damages for injuries received by an employe
in the course of employment; establishing an elective
schedule of compensation; providing procedure for the
determination of liability and compensation thereunder; and
prescribing penalties," in additional coverages, further
providing for workers' compensation benefits for certain
emergency medical services personnel.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 601(a)(1), (2) and (3) and (c) of the act
of June 2, 1915 (P.L.736, No.338), known as the Workers'
Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
No.281) and amended July 11, 1980 (P.L.577, No.121), are amended
to read:
Section 601. (a) In addition to those persons included
within the definition of the word "employe" as defined in
section 104, "employe" shall also [include:] mean and
compensation shall be paid to:
[(1) members of volunteer fire departments or volunteer fire
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companies, including any paid fireman who is a member of a
volunteer fire company and performs the services of a volunteer
fireman during off-duty hours, who shall be entitled to receive
compensation in case of injuries received while actively engaged
as firemen or while going to or returning from a fire which the
fire company or fire department attended including travel from
and the direct return to a fireman's home, place of business or
other place where he shall have been when he received the call
or alarm or while participating in instruction fire drills in
which the fire department or fire company shall have
participated or while repairing or doing other work about or on
the fire apparatus or buildings and grounds of the fire company
or fire department upon the authorization of the chief of the
fire company or fire department or other person in charge or
while answering any emergency calls for any purpose or while
riding upon the fire apparatus which is owned or used by the
fire company or fire department or while performing any other
duties of such fire company or fire department as authorized by
the municipality or while performing duties imposed by section
15, act of April 27, 1927 (P.L.465, No.299), referred to as the
Fire and Panic Act;
(2) all members of volunteer ambulance corps of the various
municipalities who shall be and are hereby declared to be
employes of such municipality for the purposes of this act who
shall be entitled to receive compensation in the case of
injuries received while actually engaged as ambulance corpsmen
or while going to or returning from any fire, accident, or other
emergency which such volunteer ambulance corps shall attend
including travel from and the direct return to a corpsman's
home, place of business or other place where he shall have been
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when he received the call or alarm; or while participating in
ambulance corps of which they are members; or while repairing or
doing other work about or on the ambulance apparatus or
buildings and grounds of such ambulance corps upon the
authorization of the corps president or other person in charge;
or while answering any emergency call for any purpose or while
riding in or upon the ambulance apparatus owned by the ambulance
corps of which they are members at any time or while performing
any other duties of such ambulance corps as are authorized by
the municipality;
(3) members of volunteer rescue and lifesaving squads of the
various municipalities who shall be and are hereby declared to
be employes of such municipalities for the purposes of this act
and who shall be entitled to receive compensation in the case of
injuries received while actually engaged as a rescue and
lifesaving squad member attending to any emergency to which that
squad has been called or responded including travel from and the
direct return to a squad person's home, place of business or
other place where he shall have been when he received the call
or alarm or while participating in rescue and lifesaving drills
in which the squad is participating; while repairing or doing
other work about or on the apparatus, buildings and grounds of
such rescue and lifesaving squad upon the authorization of the
chief or other person in charge; or while riding in or upon the
apparatus of the rescue and lifesaving squad and at any time
while performing any other duties authorized by the
municipality;]
(1) An individual who is a member of a volunteer fire
company or department who suffers injury while actively engaged
in the following:
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(i) performing a fire suppression activity;
(ii) going to or returning from a fire that the volunteer
fire company or department attended, including travel from and
the direct return to a firefighter's home, place of business or
other place where the member was when the member received the
call or alarm;
(iii) participating in fire company sanctioned training;
(iv) repairing or doing other work about or on the fire
apparatus or buildings and grounds of the fire company or
department sanctioned by the fire chief or other individual in
charge;
(v) answering an emergency call for any purpose;
(vi) riding upon the fire apparatus;
(vii) performing another duty of the fire company or
department as authorized by the host municipality; or
(viii) performing a duty imposed by section 15 of the act of
April 27, 1927 (P.L.465, No.299), referred to as the Fire and
Panic Act.
As used in this paragraph, the term shall include a paid
firefighter employed by a public agency as defined by the Fair
Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. ยง 201 et
seq.) who is a member of a volunteer fire company or department
in the employe's off-duty time and performs a duty provided
under this section strictly as a member of the volunteer fire
company or department.
(2) An individual who is a member of a volunteer ambulance
service as defined under 35 Pa.C.S. ยง 7802 (relating to
definitions) who suffers injury while actively engaged in the
following:
(i) performing duties as an emergency medical services
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provider;
(ii) going to or returning from a fire, accident or other
emergency that the volunteer ambulance service attends,
including travel from and the direct return to an emergency
medical services provider's home, place of business or other
place where the member was when the call or alarm was received;
(iii) participating in a volunteer ambulance service-
sanctioned training;
(iv) repairing or doing work about or on the ambulance or
buildings and grounds of the volunteer ambulance service as
sanctioned by the chief, president or individual in charge;
(v) answering an emergency call for any purpose or while
riding in or upon the ambulance owned by the volunteer ambulance
service; or
(vi) performing another duty of the volunteer ambulance
service as authorized by the municipality.
As used in this paragraph, the term shall include a paid
emergency medical services provider as defined under 35 Pa.C.S.
ยง 8103 (relating to definitions) who is a member of a volunteer
ambulance service and during off-duty hours performs services
for an independently chartered non-profit volunteer ambulance
service as provided under this section strictly as a member of
the volunteer ambulance service.
(3) An individual who is a member of a volunteer rescue or
lifesaving squad, including a volunteer river rescue company who
suffers injury while actively engaged in the following:
(i) attending an emergency to which the squad has been
called or responded including travel from and the direct return
to a squad member's home, place of business or other place where
the member was when the call or alarm was received;
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(ii) participating in rescue and lifesaving training
sanctioned by the volunteer rescue or lifesaving squad or
volunteer river rescue company;
(iii) repairing or doing other work about or on the squad
vehicle, buildings, grounds or equipment of the volunteer rescue
and lifesaving squad or volunteer river rescue company as
sanctioned by the chief or other individual in charge;
(iv) riding in or upon the squad vehicle of the volunteer
rescue, lifesaving or river rescue company; or
(v) performing another duty authorized by the municipality.
* * *
(c) Whenever any member of a volunteer fire company,
volunteer fire department, volunteer ambulance [corps] service,
[or] rescue and lifesaving squad or river rescue is injured in
the performance of duties in State Parks and State Forest Land,
[they] the member shall be deemed to be an employe of the
[Department of Environmental Resources] Commonwealth.
* * *
Section 2. Section 602 of the act, added June 19, 2002
(P.L.419, No.60), is amended to read:
Section 602. (a) The following shall apply:
(1) A municipality or an area of a municipality which
receives emergency services pursuant to a contract, standing
agreement or arrangement from a volunteer emergency service
provider located in a host municipality shall reimburse the host
municipality under the provisions of either clause (2) or (3).
(2) Reimbursement under clause (1) shall be for a portion of
the cost of the workers' compensation premiums covering the
members of the volunteer emergency service provider. The
appropriate portion of the cost shall be determined as follows:
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(i) Determine the population ratio of the municipality or
the area of the municipality receiving emergency services to the
entire population (host municipality and the municipality or the
area of the municipality) receiving emergency services from the
volunteer emergency service provider. The following shall apply:
(A) No segment of the population of the municipality or area
of the municipality receiving emergency services may be included
in more than one service area for purposes of calculating the
ratio under subclause (i).
(B) If the first due area for fire protection services and
the first due area for emergency medical services differ within
a municipality or an area of a municipality receiving emergency
services, then the ratio under subclause (i) shall be calculated
using the first due area for fire protection services.
(ii) Multiply the ratio under subclause (i) by the host
municipality's entire cost of the workers' compensation premium
for covering volunteer members of the volunteer emergency
service provider.
(3) The host municipality and the municipality receiving the
emergency services may agree to share the cost on some other
basis.
(b) As used in this section:
"Emergency services" shall mean any of the following:
(i) Fire protection services.
(ii) Ambulance services.
(iii) Emergency medical services.
(iv) Quick response services.
(v) Emergency management services.
(vi) Rescue and lifesaving services, including river rescue
services.
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(vii) Hazardous material support services.
(viii) Certified hazardous materials response services.
"Host municipality" shall mean a municipality that is
responsible for workers' compensation premiums for an emergency
service provider located within its corporate boundaries.
"Volunteer emergency service provider" shall mean any of the
following:
(i) A volunteer fire company.
(ii) A volunteer ambulance [corps] company or service.
(iii) A volunteer quick response service.
(iv) A volunteer rescue and lifesaving squad, including a
volunteer river rescue service.
(v) A volunteer hazardous materials support team.
(vi) A volunteer certified municipal emergency management
coordinator.
(vii) A volunteer hazardous materials response team.
Section 3. This act shall take effect immediately.
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