(1) Verbal hazardous materials emergency assistance agreements may be entered into at the scene of an incident where execution of a written agreement prior to the incident is not possible. A notification of the terms of this section shall be presented at the scene by the incident command agency or its representative to the person or public agency whose assistance is requested. The incident command agency and the person or public agency whose assistance is requested shall both sign the notification which appears in subsection (2) of this section, indicating the date and time of signature. If a requesting incident command agency deliberately misrepresents individual or agency status, that agency shall assume full liability for any damages resulting from the actions of the person or public agency whose assistance is requested, other than those damages resulting from gross negligence or wilful or wanton misconduct.
(2) The notification required by subsection (1) of this section shall be in substantially the following form:
NOTIFICATION OF "GOOD SAMARITAN" LAW
You have been requested to provide emergency assistance by a representative of a hazardous materials incident command agency. To encourage your assistance, the Washington state legislature has passed "Good Samaritan" legislation (RCW
70.136.050) to protect you from potential liability. The law reads, in part:
"Any person or public agency whose assistance has been requested by an incident command agency, who has entered into a written hazardous materials assistance agreement . . . at the scene of the incident pursuant to . . . RCW
70.136.070, and who, in good faith, renders emergency care, assistance, or advice with respect to a hazardous materials incident, is not liable for civil damages resulting from any act or omission in the rendering of such care, assistance, or advice, other than acts or omissions constituting gross negligence or wilful or wanton misconduct."
The law requires that you be advised of certain conditions to ensure your protection:
1. | You are not obligated to assist and you may withdraw your assistance at any time. |
2. | You cannot profit from assisting. |
3. | You must agree to act under the direction of the incident command agency. |
4. | You are not covered by this law if you caused the initial accident. |
| I have read and understand the above. |
| (Name) . . . . |
| Date . . . . . . Time . . . . |
| I am a representative of a designated hazardous materials incident command agency and I am authorized to make this request for assistance. |
| (Name) . . . . |
| (Agency) . . . . |
| Date . . . . . . Time . . . . |