CERT: Liability Issues

Liability is the most frequently asked question when talking about the CERT program. Some CERT coordinators see liability as a serious issue needing attention and at the same time others do not see it as an issue at all. Is liability a real issue in CERT programming? Unfortunately, there is no easy answer. However, there are steps that can be taken to reduce the chances of potential liability issues and resources to get the answers you need for your program.

One way of looking at this issue: Following a disaster, individuals will naturally and spontaneously volunteer to help themselves, their families and their neighbors. CERT training prepares people for disasters and emergencies and gives them the safety skills to protect themselves from becoming a victim along with those they are trying to help. At the most basic level, individuals are being prepared through CERT training!

 

**The following information can be applied to all Citizen Corps Programs**

 

Considerations

• Background checks for CERT volunteers (not necessary for class participants)

• Collect emergency information and verify that volunteers have medical insurance

• Worker's compensation coverage for volunteers

• Liability insurance to cover volunteers

• Be sure that volunteers understand and agree to the "limitations" of responding as a CERT member, in other words they must understand and act within their scope of training 

• Develop CERT Standard Operating Procedures and be sure all CERTs members understand them

• DOCUMENT, DOCUMENT, DOCUMENT

• Register your CERT program for federal and state recognition!

• Develop and register your local Citizen Corps Council and organize your program through the Council in conjunction with your local emergency management agency

• REVIEW THE LIABILITY RESOURCES BELOW FOR MORE INFORMATION

Liability Resources

• The EMI/FEMA CERT Job Aid Special Topics. This website includes the following:

  • Consulting your jurisdiction's legal counsel

  • Conducting research

  • Web Resources

  • Liability during training: instructors, students, exercise and materials

  • Reducing liability during exercises

  • Reducing liability during team activation

  • Sample Hold Harmless/Permission Request Form

• Federal Volunteer Protection Act of 1997

  • Catalog of Public and Private Laws--105th Congress--Pub.L. 105-19

• Missouri State Statutes:

  • Chapter 537--Torts and Actions for Damages--Section 537.118: Volunteers, limited personal liability, certain organizations and government entities, exceptions.

  • Chapter 537--Torts and Actions for Damages--Section 537.037: Emergency care, no civil liability, exceptions (Good Samaritan law).

• Risk Management Resource Center

  • Understanding the Volunteer Protection Act

  • Insuring Volunteers

• Article "Training, Drills and Liability" from The Connection Newsletter

• Presentation¹ by Claire Reiss, J.D., ARM of the Public Entity Risk Institute (.ppt)

  • This presentation was given at the 2004 National CERT Conference

    ¹ In order to view the notes attached to this presentation save the link and open in Microsoft PowerPoint. The notes offer detailed information and a better understanding of the presentation.

Last Updated: September 30, 2004