Policy
Name:
|
Special
Duty Assignment
|
Policy #:
|
EP-19-04
|
Code/Rule
Reference
|
Ohio
Revised Code (ORC) 4123.26, 4123.32, 4123.41; Ohio Administrative Code (OAC) 4123-17-14, 4123-17-17.
|
Effective
Date:
|
June 10,
2022
|
Approved:
|
Rex
Blateri, Chief of Employer Services
|
Origin:
|
Employer
Policy
|
Supersedes:
|
N/A
|
History:
|
Revised October
5, 2022. New policy issued June 10, 2022.
|
Review
Date:
|
June 10,
2027
|
I. Policy Purpose
On
occasion, emergency personnel will perform special duty assignments for site employers.
This policy outlines payroll reporting and other considerations for
municipalities, site employers, and individuals working special duty
assignments.
II. Applicability
This
policy applies to all BWC staff, municipalities, and site employers.
III. Definitions
A.
Employer of
record (EOR): The entity
legally responsible as the employer for a workers’ compensation claim filed by
an injured worker.
B.
Municipality: The government entity employing the
emergency personnel, typically a city, county, township, or village.
C.
Site employer: The entity for which the special duty
assignment is performed. For example, a charity requesting police for a 5K race
or a high school requesting paramedics for a football game.
D.
Special duty
assignment: A work
assignment performed by off-duty emergency personnel, including police officers,
firefighters, or paramedics. This assignment could include traffic control or
other services at a community event. A special duty assignment is typically arranged
by a site employer through the municipality. The assignment may also be
arranged through an association obligated to coordinate the services on behalf
of the municipality such as a police officers’ association.
IV. Policy
A.
Assignment of claims
and payroll reporting.
1.
For an individual
working a special duty assignment, as defined above, the municipality for which
the individual is employed is considered the employer of record for any
injuries occurring during the special duty assignment.
2.
The municipality and
site employer are not required to report special duty assignment wages paid
by the site employer as payroll to BWC.
B.
Exceptions.
1.
If emergency
personnel are injured performing work that falls outside the definition of a
special duty assignment, as defined by this policy, the municipality is not
considered the employer of record.
2.
An individual
performing work beyond the criteria set forth as special duty assignment may be
considered an employee of the site employer or an independent contractor based
on the specifics of the work assignment.
3.
Example: For a
concert, the promoter posts an ad for security work and crowd control services.
The officer is hired for the event and agrees to the term of the services by
working directly with the promotional company. The
officer and promotional company (site employer) did not request the services
through the municipality, or through an association obligated to coordinate the
services on behalf of the municipality, nor did they enter into any agreement
or contract with the municipality.