§ 67-20-3. Purposes for which a volunteer is considered a government employee -- Limitations of liability for volunteer facilitators.

(1) Except as provided in Subsection (2) or (3), a volunteer is considered a government employee for purposes of:

(a) receiving workers' compensation medical benefits, which shall be the exclusive remedy for all injuries and occupational diseases as provided under Title 34A, Chapter 2, Workers' Compensation Act, and Chapter 3, Utah Occupational Disease Act;

(b) the operation of a motor vehicle or equipment if the volunteer is properly licensed and authorized to do so; and

(c) liability protection and indemnification normally afforded paid a government employee.

(2)

(a) A supervising agency shall provide workers' compensation benefits for a volunteer safety officer as provided in Section 67-20-7.

(b) A volunteer safety officer is considered an employee of the supervising agency of the volunteer safety officer for purposes of Subsections (1)(b) and (c).

(3)

(a) The county of a county sheriff that certifies and supervises a volunteer search and rescue team member shall provide workers' compensation benefits for the volunteer search and rescue team member as provided in Section 67-20-7.5.

(b) For purposes of Subsections (1)(b) and (c), a volunteer search and rescue team member is considered an employee of the county of the county sheriff that certifies and supervises the volunteer search and rescue team member.

(4) A volunteer facilitator is immune from liability for damages or injuries arising out of or related to the volunteer service of a volunteer provided by the volunteer facilitator to an agency, unless:

(a) an action or omission of the volunteer facilitator is grossly negligent, not made in good faith, or made maliciously, and causes harm to a person or property; or

(b) the volunteer facilitator fails to exercise due diligence in determining the fitness of a volunteer to provide voluntary service to the agency under circumstances that make the volunteer facilitator's failure to exercise due diligence grossly negligent, not in good faith, or malicious.

Amended by Chapter 249, 2013 General Session