AN ACT Relating to
limiting liability for donated labor on community projects; amending RCW
51.12.050 and 51.12.035; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. The legislature finds
that government and business partnerships on projects for community improvement
can assist communities to preserve historic property and create opportunities
for volunteer service. The legislature also recognizes that uncertainty about
risks and obligations may deter employers who would otherwise be willing to
donate materials and equipment to a community project. The purpose of this act
is to encourage participation by establishing clear criteria for determining
industrial insurance obligations with respect to donated labor on certain
community projects.
Sec. 2. RCW 51.12.050 and 1977
ex.s. c 350 s 18 are each amended to read as follows:
(1) Whenever ((the
state, county, any municipal corporation, or other taxing district shall)) a
public entity engages in any work, or let a contract therefor, in
which workers are employed for wages, this title shall be applicable thereto.
The employer's payments into the accident fund shall be made from the treasury
of the ((state, county, municipality, or other taxing district)) public
entity. If the work is being done by contract, the payroll of the
contractor and the subcontractor shall be the basis of computation and, in the
case of contract work consuming less than one year in performance, the required
payment into the accident fund shall be based upon the total payroll. The
contractor and any subcontractor shall be subject to the provisions of this
title, and the state for its general fund, the county, municipal corporation,
or other taxing district shall be entitled to collect from the contractor the
full amount payable to the accident fund and the contractor, in turn, shall be
entitled to collect from the subcontractor his or her proportionate amount of
the payment.
(2)(a) A public
entity may seek partnerships with volunteer groups and businesses to engage in
community improvement projects to benefit the public entity. In administering
a project, the public entity must:
(i) Provide
prospective donors and participants written notice of the risks and
responsibilities to be assumed by the public entity and the donors or participants.
A volunteer donating labor on the project must, before beginning work, document
in writing that he or she has received the notice and that he or she is
donating labor as a result of his or her own free choice; and
(ii) Pay premiums
and assessments required under this title to secure medical aid benefits under
chapter 51.36 RCW for volunteers donating labor on the project.
(b) A contractor or
employer donating equipment or materials for use on a community improvement
project shall not, for the purposes of this title, be considered the employer
of an individual donating labor unless the contractor or employer pays the
individual wages for working on the project or makes working on the project a
condition of employment. This subsection applies regardless of whether:
(i) The contractor
or employer informs the individual about the community improvement project or
encourages the individual to donate labor on the project;
(ii) The individual
uses equipment or materials on the project that are donated by the contractor
or the individual's employer; or
(iii) The individual
is granted maintenance or reimbursement for actual expenses necessarily
incurred in performing labor for the project.
(3) Whenever and
so long as, by state law, city charter, or municipal ordinance, provision is
made for employees or peace officers injured in the course of employment, such
employees shall not be entitled to the benefits of this title and shall not be
included in the payroll of the municipality under this title: PROVIDED, That
whenever any state law, city charter, or municipal ordinance only provides for
payment to the employee of the difference between his or her actual wages and
that received under this title such employees shall be entitled to the benefits
of this title and may be included in the payroll of the municipality.
(4) The definitions
in this subsection apply throughout this section, unless the context clearly
requires otherwise.
(a) "Community
improvement project" means a project sponsored by a public entity that
uses donated labor, materials, or equipment and includes, but is not limited
to, projects to repair, restore, or preserve historic property.
(b) "Historic
property" means real property owned by a public entity including, but not
limited to, barns, schools, military structures, and cemeteries.
(c) "Public
entity" means the state, county, any municipal corporation, or other
taxing district.
Sec. 3. RCW 51.12.035 and 1981 c
266 s 3 are each amended to read as follows:
(1) Volunteers shall be
deemed employees and/or workers, as the case may be, for all purposes relating
to medical aid benefits under chapter 51.36 RCW.
A "volunteer"
shall mean a person who performs any assigned or authorized duties for the
state or any agency thereof, except emergency services workers as described by
chapter 38.52 RCW, brought about by one's own free choice, receives no wages,
and is registered and accepted as a volunteer by the state or any agency
thereof, prior to the occurrence of the injury or the contraction of an
occupational disease, for the purpose of engaging in authorized volunteer
service: PROVIDED, That such person shall be deemed to be a volunteer although
he or she may be granted maintenance and reimbursement for actual expenses
necessarily incurred in performing his or her assigned or authorized duties.
Any and all premiums or
assessments due under this title on account of such volunteer service shall be
the obligation of and be paid by the state or any agency thereof which has
registered and accepted the services of volunteers.
(2) Except as
provided in RCW 51.12.050, volunteers may be deemed employees and/or
workers, as the case may be, for all purposes relating to medical aid benefits
under chapter 51.36 RCW at the option of any city, county, town, special
district, municipal corporation, or political subdivision of any type, or any
private nonprofit charitable organization, when any such unit of local
government or any such nonprofit organization has given notice of covering all
of its volunteers to the director prior to the occurrence of the injury or
contraction of an occupational disease.
A "volunteer"
shall mean a person who performs any assigned or authorized duties for any such
unit of local government, or any such organization, except emergency services
workers as described by chapter 38.52 RCW, or fire fighters covered by chapter
41.24 RCW, brought about by one's own free choice, receives no wages, and is
registered and accepted as a volunteer by any such unit of local government, or
any such organization which has given such notice, for the purpose of engaging
in authorized volunteer services: PROVIDED, That such person shall be deemed
to be a volunteer although he or she may be granted maintenance and
reimbursement for actual expenses necessarily incurred in performing his or her
assigned or authorized duties: PROVIDED FURTHER, That juveniles performing
community services under chapter 13.40 RCW may not be granted coverage as
volunteers under this section.
Any and
all premiums or assessments due under this title on account of such volunteer
service for any such unit of local government, or any such organization shall
be the obligation of and be paid by such organization which has registered and
accepted the services of volunteers and exercised its option to secure the
medical aid benefits under chapter 51.36 RCW for such volunteers.
