PRINTER'S NO. 1794
No. 1395 Session of 1989
INTRODUCED BY SHAFFER, MUSTO, FISHER, PECORA, GREENWOOD,
SHUMAKER, PORTERFIELD, REIBMAN, REGOLI, STOUT, WILT, WENGER,
CORMAN, ROSS, HELFRICK, O'PAKE AND AFFLERBACH,
DECEMBER 11, 1989
REFERRED TO LABOR AND INDUSTRY, DECEMBER 11, 1989
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled "An
2 act defining the liability of an employer to pay damages for
3 injuries received by an employe in the course of employment;
4 establishing an elective schedule of compensation; providing
5 procedure for the determination of liability and compensation
6 thereunder; and prescribing penalties," providing that
7 volunteer members of hazardous materials response teams be
8 considered employees of the Commonwealth for compensation
9 purposes.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 601(a) of the act of June 2, 1915
13 (P.L.736, No.338), known as The Pennsylvania Workmen's
14 Compensation Act, reenacted and amended June 21, 1939 (P.L.520,
15 No.281) and amended July 11, 1980 (P.L.577, No.121), is amended
16 by adding a clause to read:
17 Section 601. (a) In addition to those persons included
18 within the definition of the word "employe" as defined in
19 section 104, "employe" shall also include:
20 * * *
1 (8) All volunteer members of hazardous materials response
2 teams who shall be and are hereby declared to be employes of the
3 Commonwealth agency, county, municipality, regional hazardous
4 materials organization, volunteer service organization,
5 corporation, partnership or of any other entity which organized
6 the hazardous materials response team for the primary purpose of
7 responding to the release of a hazardous material. All such
8 volunteer members of hazardous materials response teams shall be
9 entitled, under this act, to receive compensation in the case of
10 injuries received while actively engaged as hazardous materials
11 response team members or while going to or returning from any
12 emergency response incident or accident which the hazardous
13 materials response team attended, including travel from and
14 direct return to a team member's home, place of business or
15 other place where the member shall have been when the member
16 received the call or alarm to respond to the emergency incident
17 or accident; or while participating in hazardous materials
18 response drills or exercises in which the hazardous materials
19 response team is participating; or while repairing or doing
20 other work about or on the hazardous materials response team
21 apparatus or buildings and grounds of the hazardous materials
22 response team upon the authorization of the chief of the
23 hazardous materials response team or other person in charge; or
24 while answering any emergency calls for any purpose; or while
25 riding upon the hazardous materials response team apparatus
26 which is owned or used by the hazardous materials response team
27 in responding to an emergency or drill or with the express
28 permission of the chief of the team; or while performing any
29 other duties of such hazardous materials response team as
30 authorized by the Commonwealth agency, county, municipality,
19890S1395B1794 - 2 -
1 regional hazardous materials organization, volunteer service
2 organization, corporation, partnership or any other entity which
3 duly organized the hazardous materials response team.
4 * * *
5 Section 2. This act shall take effect in 60 days.
K21L43JLW/19890S1395B1794 - 3 -