(a) While the volunteer is performing emergency service activities under the direction of the public body during a state of emergency declared under this chapter, or during a state of public health emergency declared under ORS 433.441; or
(b) While the volunteer is engaged in training being conducted or approved by a public body for the purpose of preparing the volunteer to perform emergency services.
(2) A public body shall defend, save harmless and indemnify a qualified emergency service volunteer as required by ORS 30.285 for any tort claim arising out of an act or omission described in subsection (1) of this section. [2009 c.718 §4; 2021 c.539 §79]
Note: The amendments to 401.364 by section 79, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) A qualified emergency service volunteer is an agent of a public body under ORS 30.260 to 30.300 for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer’s duties if the acts or omissions occur:
(a) While the volunteer is performing emergency service activities under the direction of the public body during a state of emergency declared under this chapter, or during a state of public health emergency proclaimed under ORS 433.441; or
(b) While the volunteer is engaged in training being conducted or approved by a public body for the purpose of preparing the volunteer to perform emergency services.
(2) A public body shall defend, save harmless and indemnify a qualified emergency service volunteer as required by ORS 30.285 for any tort claim arising out of an act or omission described in subsection (1) of this section.
Structure 2021 Oregon Revised Statutes
Volume : 10 - Highways, Military
Chapter 401 - Emergency Management and Services
Section 401.025 - Definitions for ORS chapter 401.
Section 401.032 - Statement of policy and purpose.
Section 401.035 - Responsibility for emergency services systems.
Section 401.052 - Responsibilities of Oregon Department of Emergency Management.
Section 401.054 - Liaisons with Oregon Department of Emergency Management.
Section 401.062 - Oregon Department of Emergency Management; appointment of director.
Section 401.072 - Appointment of deputy director.
Section 401.082 - Advisory and technical committees.
Section 401.088 - Interagency agreements.
Section 401.092 - Duties of director; federal fire management assistance declaration; rules.
Section 401.094 - System for notification of emergencies; emergency management coordinators; rules.
Section 401.096 - Federal grants for emergency management and services; authority of office.
Section 401.109 - Oregon Homeland Security Council.
Section 401.114 - Emergency preparedness functions.
Section 401.165 - Declaration of state of emergency; procedures.
Section 401.168 - Governor’s powers during state of emergency; suspension of agency rules.
Section 401.175 - Additional powers during emergency.
Section 401.185 - Providing temporary housing during emergency.
Section 401.186 - Waiver of waiting period for unemployment benefits.
Section 401.188 - Management of resources during emergency; rules.
Section 401.192 - Effect of rules and orders during emergency; scope; effect; termination.
Section 401.198 - Seizure of firearms during emergency.
Section 401.204 - Termination of state of emergency.
Section 401.232 - Federal financial assistance to political subdivision.
Section 401.234 - Federal financial assistance to individuals or families.
Section 401.239 - First informers; credentialing.
Section 401.256 - Oregon Safety Assessment Program; rules.
Section 401.307 - Emergency management agency appropriation; tax levy.
Section 401.341 - Building inspections by private qualified professionals; rules.
Section 401.358 - Definitions for ORS 401.358 to 401.368.
Section 401.364 - Coverage under Oregon Tort Claims Act.
Section 401.368 - Workers’ compensation benefits.
Section 401.525 - Use of moneys and property for emergency services authorized.
Section 401.532 - Oregon Pre-Disaster Mitigation Fund; rules.
Section 401.534 - Oregon Disaster Response Fund; rules.
Section 401.551 - Emergency preparedness equipment grant program; rules.
Section 401.552 - Resiliency Grant Fund.
Section 401.651 - Definitions for ORS 401.651 to 401.670.
Section 401.654 - Registry of emergency health care providers; rules.
Section 401.655 - Practice by out-of-state health care provider during emergency.
Section 401.661 - Provision of health care services after declaration of emergency.
Section 401.664 - Emergency operations plan; credentialing plans.
Section 401.667 - Coverage under Oregon Tort Claims Act.
Section 401.680 - Legislative findings.
Section 401.685 - Definitions.
Section 401.690 - Exemption from certain taxes, registration and licensing requirements.
Section 401.695 - Reporting by registered business to Oregon Department of Administrative Services.
Section 401.851 - Wildfire planning and coordination.
Section 401.900 - State and local agency earthquake drills; rules.
Section 401.902 - Private employer earthquake drills; exemptions; rules.
Section 401.910 - Grant program for seismic rehabilitation of certain facilities; rules.
Section 401.915 - Seismic Safety Policy Advisory Commission; members; term.
Section 401.918 - Mission of commission.
Section 401.920 - Officers; quorum; meetings; compensation and expenses.
Section 401.922 - Support services.
Section 401.925 - Advisory and technical committees; expense reimbursement.
Section 401.930 - Assignment by Governor of local resources under direction of State Fire Marshal.
Section 401.950 - Definitions; tsunami warning information; rules.
Section 401.952 - Uniform tsunami warning signal; rules.
Section 401.955 - Contributions to finance tsunami warning system.
Section 401.960 - Definitions for ORS 401.960, 401.962, 401.965 and 401.970.
Section 401.962 - Legislative findings.
Section 401.965 - Abnormal disruption of market.
Section 401.975 - Legislative findings.