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A07368
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
94
Session of
2019
INTRODUCED BY MARTIN, PHILLIPS-HILL, BROWNE, COSTA, MENSCH,
FONTANA, BAKER, ARGALL, SANTARSIERO, KILLION, J. WARD, REGAN,
HUTCHINSON, DINNIMAN, STEFANO, YUDICHAK, ALLOWAY, TARTAGLIONE
AND HAYWOOD, JANUARY 24, 2019
SENATOR BARTOLOTTA, LABOR AND INDUSTRY, AS AMENDED,
JUNE 11, 2019
AN ACT
Amending the act of June 2, 1915 (P.L.736, No.338), entitled "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 the definition of "employe";
and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 601(a) and (c) of the act of June 2, 1915
(P.L.736, No.338), known as the Workers' Compensation Act, are
amended and the section is amended by adding subsections 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:
(1) members of volunteer fire departments or volunteer fire
companies, including any paid fireman who is a member of a
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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
when he received the call or alarm; or while participating in
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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) officers, directors, rescue and lifesaving squad members
or any other 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;
(4) volunteer members of the State Parks and Forest Program,
who shall be declared to be employes of the Commonwealth for the
purposes of this act, shall be entitled to receive compensation
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in case of injuries received while actually engaged in
performing any duties in connection with the volunteers in the
State Parks and Forest Program;
(5) Pennsylvania Deputy Game Protectors are hereby defined
to be employes of the Commonwealth for all the purposes of this
act and shall be entitled to receive compensation in case of
injuries received while actually engaged in the performance of
duties as a Pennsylvania Deputy Game Protector whether employed
by the Pennsylvania Game Commission or otherwise;
(6) all special waterways patrolmen are hereby declared to
be employes of the Commonwealth for all purposes of this act and
shall be entitled to receive compensation in case of injuries
received while actually engaged in the performance of their
duties as special waterways patrolmen whether actually receiving
compensation from the Pennsylvania Fish and Boat Commission or
not;
(7) all forest firefighters are hereby declared to be
employes of the Commonwealth for the purposes of this act and
shall be entitled to receive compensation in case of injuries
received while actually engaged in the performance of their
duties as forest firefighters or forest fire protection employes
which duties shall include participation in the extinguishing of
forest fires or traveling to and from forest fires or while
performing any other duties relating to forest fire protection
as authorized by the Secretary of [Environmental Resources]
Conservation and Natural Resources or his designee.
(8) All volunteer members of hazardous materials response
teams who shall be and are hereby declared to be employes of the
Commonwealth agency, county, municipality, regional hazardous
materials organization, volunteer service organization,
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corporation, partnership or of any other entity which organized
the hazardous materials response team for the primary purpose of
responding to the release of a hazardous material. All such
volunteer members of hazardous materials response teams shall be
entitled, under this act, to receive compensation in the case of
injuries received while actively engaged as hazardous materials
response team members or while going to or returning from any
emergency response incident or accident which the hazardous
materials response team attended, including travel from and
direct return to a team member's home, place of business or
other place where the member shall have been when the member
received the call or alarm to respond to the emergency incident
or accident; or while participating in hazardous materials
response drills or exercises in which the hazardous materials
response team is participating; or while repairing or doing
other work about or on the hazardous materials response team
apparatus or buildings and grounds of the hazardous materials
response team upon the authorization of the chief of the
hazardous materials response team or other person in charge; or
while answering any emergency calls for any purpose; or while
riding upon the hazardous materials response team apparatus
which is owned or used by the hazardous materials response team
in responding to an emergency or drill or with the express
permission of the chief of the team; or while performing any
other duties of such hazardous materials response team as
authorized by the Commonwealth agency, county, municipality,
regional hazardous materials organization, volunteer service
organization, corporation, partnership or any other entity which
duly organized the hazardous materials response team.
(9) All local coordinators of emergency management, as
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defined in 35 Pa.C.S. ยง 7502 (relating to local coordinator of
emergency management), 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 local coordinator of emergency management at
any emergency to which he has been called or responded,
including travel from and the direct return to his home, place
of business or other place where he shall have been when he
received the call or alarm or while performing any other duties
authorized by the municipality.
(10) An employe who, while in the course and scope of his
employment, goes to the aid of a person and suffers injury or
death as a direct result of any of the following:
(i) Preventing the commission of a crime, lawfully
apprehending a person reasonably suspected of having committed a
crime or aiding the victim of a crime. For purposes of this
clause, the terms "crime" and "victim" shall have the same
meanings as given to them in section 103 of the act of November
24, 1998 (P.L.882, No.111), known as the "Crime Victims Act."
(ii) Rendering emergency care, first aid or rescue at the
scene of an emergency.
* * *
(c) Whenever any member of a volunteer fire company,
volunteer fire department, volunteer ambulance corps, or rescue
and lifesaving squad is injured in the performance of duties in
State Parks and State Forest Land, they shall be deemed to be an
employe of the Department of [Environmental Resources]
Conservation and Natural Resources.
* * *
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(E) WHENEVER MEMBERS OF VOLUNTEER FIRE DEPARTMENTS OR
VOLUNTEER FIRE COMPANIES, MEMBERS OF VOLUNTEER AMBULANCE CORPS
OR RESCUE AND LIFESAVING SQUAD MEMBERS ARE INJURED IN THE
PERFORMANCE OF DUTIES ON STATE GAME LAND, THE MEMBERS SHALL BE
DEEMED TO BE AN EMPLOYE OF THE PENNSYLVANIA GAME COMMISSION.
(e) (F) The term "members of volunteer fire departments or
volunteer fire companies" when used in this article shall mean
any of the following:
(1) An active volunteer firefighter who responds to
emergency calls.
(2) A member of a fire police unit affiliated with a
volunteer fire department or volunteer fire company.
(2) An individual appointed as special fire police under 35
Pa.C.S. Ch. 74 Subch. D (relating to special fire police).
(3) An officer or director of a volunteer fire department or
volunteer fire company.
(4) A participating member of a volunteer fire department or
volunteer fire company who provides necessary operational
support to the volunteer fire department or volunteer fire
company but does not respond to emergency calls. Operational
support includes maintaining the station and equipment, acting
as trustee, organizing fundraisers, providing information
technology support and assisting with recruitment and other
administrative tasks, if the operational support activity is
conducted on a regular basis for the benefit of a volunteer fire
department or volunteer fire company as approved at the
beginning of each year by the authority, organization or
municipality purchasing workers' compensation insurance for the
volunteer fire department or volunteer fire company.
The term does not include a social member of a volunteer fire
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department or volunteer fire company.
(f) (G) The term "members of volunteer ambulance corps" when
used in this article shall mean any of the following:
(1) An active volunteer ambulance corpsman who responds to
emergency calls.
(2) An officer or director of a volunteer ambulance corps.
(3) A participating member of a volunteer ambulance corps
who provides necessary operational support to the volunteer
ambulance corps but does not respond to emergency calls.
Operational support includes maintaining the station and
equipment, acting as trustee, organizing fundraisers, providing
information technology support and assisting with recruitment
and other administrative tasks, if the operational support
activity is conducted on a regular basis for the benefit of a
volunteer ambulance corps.
The term does not include a social member of a volunteer
ambulance corps.
(h) The term "social member" of a volunteer fire department,
volunteer fire company or volunteer ambulance corps when used in
this article shall mean a member of the organization whose class
of membership is social in nature and is primarily intended to
facilitate fraternization with other members of the organization
or access to social amenities and social events offered by the
organization, whether or not the member occasionally provides
unpaid operational support to the organization.
Section 2. Within 90 days of the effective date of this act,
the Pennsylvania Compensation Rating Bureau shall conduct a
review to determine whether it will be necessary to modify the
classification codes affected by the amendment of section 601 of
the act. The Pennsylvania Compensation Rating Bureau may make
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modifications, create separate classifications or revise loss
cost values at any time after the effective date of this act.
Section 3. The amendment of section 601 of the act shall not
be construed to:
(1) Provide a presumption of occupational exposure to
Hepatitis C under section 108(m.1) of the act to an
individual who does not serve as any of the following at the
time of infection:
(i) An active volunteer firefighter who responds to
emergency calls.
(ii) An individual appointed as special fire police
under 35 Pa.C.S. Ch. 74 Subch. D who responds to
emergency calls.
(iii) An active volunteer ambulance corpsman who
responds to emergency calls.
(iv) An active rescue and lifesaving squad member
who responds to emergency calls.
(2) Provide compensation for cancer under section 108(r)
of the act to an individual who:
(i) has not served as an active volunteer
firefighter who responds to emergency calls; or
(ii) does not meet the criteria for compensation
provided in section 301(f) of the act.
Section 2 4. This act shall take effect immediately.
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