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s <br /> Harry Kim Lincoln S.T.Ashida <br /> Mayor ` ,�M ''' Corporation Counsel <br /> Gerald Takase <br /> 4 M, �: Assistant Corporation <br /> ?''•� '� Counsel <br /> COUNTY OF HAWAII <br /> OFFICE OF THE CORPORATION COUNSEL <br /> 101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622 <br /> PF2IYILEGED ANOi GONFIIIENTIAL COMMUNICATION <br /> ATT0RN t-CI:I N C COMMUNICATION; <br /> NOT A PUBLIC RECORD,-j <br /> July 12, 2006 <br /> Ms. Charmaine Kamaka, Safety Coordinator <br /> Department of Civil Service <br /> 101 Pauahi Street, Suite 2 <br /> Hilo, Hawaii 96720 <br /> Re: Legal Opinion re Volunteer Firefighters <br /> Our File: WRK 06-12765 <br /> Dear Ms. Kamaka: <br /> You requested an opinion from our office regarding whether volunteer firefighters are <br /> considered employees under HIOSH statutes. <br /> I have reviewed appropriate statutes, including both the Hawaii Revised Statutes and the <br /> County Code of the County of Hawaii. I have also had a chance to review appropriate case law <br /> regarding this question. <br /> Section 396 et seq., HRS, concerns itself with Occupational Safety and Health; <br /> specifically, Section 396-3,HRS, defines "employee"as every natural person who is required or <br /> directed or permitted or suffered by any employer to engage in any employment, or to go to work <br /> or be at any time in any place of employment. This definition would appear to encompass <br /> volunteers, including volunteer firefighters with the County of Hawaii Fire Department. In <br /> addition, the Hawaii County Code, as well as the Workers' Compensation Statutes (Chapter <br /> 386, HRS)provide for coverage of injuries sustained by volunteers, including volunteer <br /> firefighters. (See HRS Section 386-171 et seq. as well as Sections 2-16 through 2-26 of the <br /> Hawaii County Code.) <br /> It is therefore the opinion of this office that volunteer firefighters would be covered under <br /> relevant HIOSH statutes, specifically under the provisions of Section 396, and by inference <br /> through a reading of the relevant sections of Chapter 386, HRS, and the provisions of the <br /> Hawaii County Coded quoted above. <br /> Hawaii County is an Equal Opportunity Provider and Employer <br />