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.
