Friday, September 1, 2017

EMAC: The Best Way to Avoid the Complex Liabilities of Self-Deployment

Perhaps like many of you, I’ve been glued to the television coverage of the flooding in Texas. A news report recently covered a local fire official asking for help from “anyone with a boat.”

Despite this televised request, self-deployment of fire and rescue assets can create some problems for both the sender and the receiver. Unrequested staff and equipment can quickly become a logistical burden for communities already in crisis. The League of Minnesota Cities Insurance Trust (LMCIT) continues to recommend that self-deployment be avoided.

However, fire and rescue departments can check with the Emergency Management Assistance Compact (EMAC) systema state-to-state agreementto see if Texas and its communities have formally requested the type of aid a Minnesota department can provide. If a city deploys under the EMAC agreement, there are certain protections in place under Minnesota law, including:

  • If you have a professional or other skilled license, certificate, or permit issued by the State of Minnesota, you shall be deemed licensed, certified, or permitted to render aid in the other state.
  • You are an agent of the requesting state for tort liability and immunity purposes.
  • You cannot be held liable if acting in good faith (without willful misconduct, gross negligence, or recklessness).
  • The State of Minnesota shall pay compensation and death benefits to injured employees.
  • The State of Minnesota shall be reimbursed for its expenses by the state receiving assistance.

In self-deployment situations, these protections likely will not exist.

Currently on the EMAC system, there is a request for 100 Swift Water Rescue and Search and Rescue (SAR) teams. For more information, contact Cassie Calametti (DPS)  at cassie.calametti@state.mn.us

Up next: Help With License Plate Reader Audits

Stay safe,
Rob

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