RCW 38.52.195
Exemption from liability while providing construction, equipment, or work.
Notwithstanding any other provision of law, no person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide construction, equipment, or work as provided for in RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 while complying with or attempting to comply with RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 or any rule or regulation promulgated pursuant to the provisions of RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 shall be liable for the death of or any injury to persons or damage to property as a result of any such activity: PROVIDED, That said exemption shall only apply where all of the following conditions occur:
(1) Where, at the time of the incident the worker is performing services as an emergency worker, and is acting within the course of his or her duties as an emergency worker;
(2) Where, at the time of the injury, loss, or damage, the organization for emergency management which the worker is assisting is an approved organization for emergency management;
(3) Where the injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency worker;
(4) Where the injury, loss, or damage is not caused by the intoxication of the worker; and
(5) Where the injury, loss, or damage is not due to willful misconduct or gross negligence on the part of a worker.
[ 2011 c 336 § 793; 1984 c 38 § 19; 1974 ex.s. c 171 § 22; 1971 ex.s. c 8 § 7.]
Structure Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.52 - Emergency Management.
38.52.020 - Declaration of policy and purpose.
38.52.037 - Comprehensive state mine rescue plan—Submittal to legislature.
38.52.050 - Governor's general powers and duties.
38.52.073 - Communication plan status report—Life safety information communication report.
38.52.080 - Outside aid—Rights and liabilities—Claims.
38.52.091 - Mutual aid and interlocal agreements—Requirements.
38.52.100 - Appropriations—Acceptance of funds, services, etc.
38.52.105 - Disaster response account.
38.52.120 - Political activity prohibited.
38.52.140 - Status of civil service employee preserved.
38.52.150 - Orders, rules, regulations—Enforcement—Availability—Penalty.
38.52.160 - Matching funds from political subdivision may be required.
38.52.170 - Plan for federal area.
38.52.190 - Compensation for injury or death—Chapter exclusive.
38.52.195 - Exemption from liability while providing construction, equipment, or work.
38.52.1951 - Application of exemption from liability for architects and engineers.
38.52.200 - Liability for compensation is in lieu of other liability—Exception.
38.52.205 - Claims arising from emergency management related activities—Filing—Contents.
38.52.210 - Compensation boards—Established.
38.52.220 - Compensation boards—Meetings—Claims not necessitating board meeting.
38.52.230 - Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated.
38.52.240 - Compensation boards—Duties as to compensation applications.
38.52.250 - Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department.
38.52.260 - When compensation furnished.
38.52.270 - Minors entitled to benefits.
38.52.280 - Compensation and benefits limited by appropriation.
38.52.290 - Applicability of workers' compensation law.
38.52.300 - Right of action against third party.
38.52.310 - Coverage, classification, registration, of workers.
38.52.320 - Schedule of payments.
38.52.330 - Expenditures authorized—Claims, payment and disposition—Appeals.
38.52.340 - Benefits under other compensation plans.
38.52.350 - Benefits furnished under federal law—Reduction of state benefits.
38.52.360 - Medical, surgical or hospital treatment.
38.52.370 - Medical, surgical or hospital treatment—Reimbursement.
38.52.380 - State compensation denied if payment prevents federal benefits.
38.52.390 - Contracts or work on cost basis for emergency management activities.
38.52.400 - Search and rescue activities—Powers and duties of local officials.
38.52.420 - Model contingency plan for pollution control facilities and hazardous waste management.
38.52.500 - Statewide 911 telephone service—Finding.
38.52.501 - Statewide 911 emergency communications service—Findings.
38.52.505 - Statewide 911 emergency service—Automatic location identification—Rules.
38.52.520 - State 911 coordination office.
38.52.525 - State 911 coordination office—Public education materials.
38.52.531 - 911 advisory committee.
38.52.535 - State 911 coordination office and advisory committee—Uniform national standards.
38.52.545 - Priorities for 911 funding.
38.52.550 - Emergency communications systems and information—Immunity from civil liability.
38.52.920 - Repeal and saving.
38.52.930 - Transfer of powers, duties, and functions to state military department.
38.52.940 - Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.