HomeMy WebLinkAbout2006-07-12 Are _volunteer_firefighters_considered_employees_under_HIOSH_statutes s
Harry Kim Lincoln S.T.Ashida
Mayor ` ,�M ''' Corporation Counsel
Gerald Takase
4 M, �: Assistant Corporation
?''•� '� Counsel
COUNTY OF HAWAII
OFFICE OF THE CORPORATION COUNSEL
101 Aupuni Street, Suite 325 • Hilo,Hawaii 96720-4262 • (808)961-8251 • Fax(808)961-8622
PF2IYILEGED ANOi GONFIIIENTIAL COMMUNICATION
ATT0RN t-CI:I N C COMMUNICATION;
NOT A PUBLIC RECORD,-j
July 12, 2006
Ms. Charmaine Kamaka, Safety Coordinator
Department of Civil Service
101 Pauahi Street, Suite 2
Hilo, Hawaii 96720
Re: Legal Opinion re Volunteer Firefighters
Our File: WRK 06-12765
Dear Ms. Kamaka:
You requested an opinion from our office regarding whether volunteer firefighters are
considered employees under HIOSH statutes.
I have reviewed appropriate statutes, including both the Hawaii Revised Statutes and the
County Code of the County of Hawaii. I have also had a chance to review appropriate case law
regarding this question.
Section 396 et seq., HRS, concerns itself with Occupational Safety and Health;
specifically, Section 396-3,HRS, defines "employee"as every natural person who is required or
directed or permitted or suffered by any employer to engage in any employment, or to go to work
or be at any time in any place of employment. This definition would appear to encompass
volunteers, including volunteer firefighters with the County of Hawaii Fire Department. In
addition, the Hawaii County Code, as well as the Workers' Compensation Statutes (Chapter
386, HRS)provide for coverage of injuries sustained by volunteers, including volunteer
firefighters. (See HRS Section 386-171 et seq. as well as Sections 2-16 through 2-26 of the
Hawaii County Code.)
It is therefore the opinion of this office that volunteer firefighters would be covered under
relevant HIOSH statutes, specifically under the provisions of Section 396, and by inference
through a reading of the relevant sections of Chapter 386, HRS, and the provisions of the
Hawaii County Coded quoted above.
Hawaii County is an Equal Opportunity Provider and Employer
Ms. Charmaine Kamaka
July 12, 2006
Page 2
If you have any additional questions, please feel free to call my office.
Yours truly,
Michael J. Uddvic
Deputy Corporation Counsel
MJU:mc
sAwork 2006\july\wrk 06-12765 ltr to civil svc re volunteer firefighters 7-12-06 MJUmc