The volunteer is the cornerstone of many responses to Crisis, Disasters, and Emergencies.  These volunteers may be spontaneous responses by passer-bys or onlookers, even uninjured victims already at the scene of the event or volunteers who spontaneously responded from near by unaffected areas.  Other volunteers that respond may be from public and private agencies or governmental entities that are organized to provide assistance during a disaster or emergency to meet essential human needs.  Whatever the source, the actions of the volunteers will have an enormous effect on themselves and the crisis, disaster, or emergency they are involved in.  The issues for crisis and emergency management are what statutory authority permits the harnessing the energies of these volunteers and what protections there are for the volunteer and the public and private agencies or governmental entities that utilize these energies.

THE VOLUNTEER
What is a volunteer?
     (A) person who performs or gives services of his/her own free will and acting on his/her own initiative
One who acts or serves in a specified capacity willingly and without constraints or guarantee of reward (http://www.cristina.org/guide/what.html)
The volunteer may be spontaneous responses by passer-bys or onlookers, even uninjured victims already at the scene of the crisis, disaster, or emergency or a volunteer who spontaneously responded from near by unaffected areas.  Such was the case following the 1999 Mexico City earthquake where untrained, spontaneous volunteers saved 800 people, however, 100 people lost their lives while attempting to save others. (http://www.creve-coeur.org/cep/cert.html)  (http://www.ussartf.org/fema_cert_program.htm)
On the other hand, the other type of volunteer that responds may be from public and private agencies or governmental entities that are organized to provide assistance during a disaster or emergency to meet essential human needs.  These public and private agencies or governmental entities may be the local Volunteer Fire Department, the Red Cross Disaster Services, the local Community Emergency Response Teams (CERT) and many other organizations who train and certify their volunteers before they are permitted to respond.

STATUTORY AUTHORITY

Statutory Authority for the use of volunteers in a crisis, disaster, or emergency by a "Local government" or any State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands is varied, from nonexistent to clearly defined.  These statutory authorities can be a vague as “other organizations” (http://www.delcode.state.de.us/title20/chapter31.htm) to implied as “Private and volunteer organizations, i.e. Red Cross, Salvation Army, Colorado Volunteer Organizations Active in Disasters (COVOAD), etc. will provide immediate life sustaining relief to individuals and families, not normally available from government resources” (http://www.dola.state.co.us/oem/Operations/plan/html-files/BASPLAN-2000.htm#_1_3).  These statutory authorities also can be specific powers as “The Emergency Management Division may organize such volunteer units, emergency reservists and others as may be necessary to fulfill its duties”(http://www.indygov.org/ema/authority.htm).

     For the Federal Government, The Robert T. Stafford Disaster Relief And Emergency Assistance Act, As Amended, 42 U.S.C. 5121, et seq grants the Director of the Federal Emergency Management Agency (FEMA) the statutory authority to “use such voluntary and uncompensated services by individuals or organizations as may from time to time be needed” (http://www.fema.gov/library/stafact.shtm).   However, in most cases FEMA relies on the Federal response plans developed with the States and local governments, the American National Red Cross, the Salvation Army, the Mennonite Disaster Service, and other relief or disaster assistance organizations to manage voluntary and uncompensated services by individuals or organizations.  These services would then been creditable to the State and local governments share of matching funds.  (http://www.whitehouse.gov/omb/circulars/a110/a110.html) (http://www.fema.gov/diz00/d1354n28.shtm)

PROTECTIONS
    The protections for the volunteer that the scene of a crisis, disaster, or emergency can be specific as the State of Utah’s Governmental Immunity Act, Volunteer Government Workers Act and Good Samaritan Act (http://training.fema.gov/EMIWeb/cert/Liab_4.htm) to nonexistent at the State and Local level.  Thus, the volunteer had been subject to tort claims for any actions taken during a crisis, disaster, or emergency. 
This also was an issue for the day-to-day non-emergency volunteer.  Due to the potential for liability actions against them, they curtailed or stopped their activities in the volunteer arena.  This had impacted many nonprofit public and private organizations and governmental entities, including voluntary associations, social service agencies, educational institutions, and other civic programs, had been harmfully affected by the withdrawal of volunteers from boards of directors and service in other capacities and inability to recruit replacements.  On June 18, 1997, President Clinton signed the "Volunteer Protection Act of 1997" into law as Public Law 105-19 as a cure. (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ19.105)
The Volunteer Protection Act now grants immunity from personal liability to those who volunteer of nonprofit public and private organizations and governmental entities. (http://www.ansi.org/public/news/1998jan/vpa_9.html)

     The law preempts inconsistent state laws, standardizing protection.  The law exempts a volunteer of a nonprofit organization or governmental entity from liability for harm caused by an act or omission of the volunteer on behalf of such organization or entity if:

(1)    the volunteer was acting within the scope of his or her responsibilities at the time

(2)    the volunteer was properly licensed or otherwise authorized for the activities or practice in the State in which the harm occurred

(3)    the harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed

(4)    the harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the State requires the operator or owner to possess an operator's license or maintain insurance. (http://www.nvfc.org/leg/issues_vpa.html)

     Since no federal agency is authorize to interpret the law, clarification will likely have to await court determination on a case-by-case basis where claimants attempt to hold volunteers personally liable and the law is raised as a defense on behalf of the volunteers. (http://www.ansi.org/public/news/1998jan/vpa_9.html)
Other protection issues for the volunteer at the scene of a crisis, disaster, or emergency are when the volunteer becomes a victim of the event.  In the case of the State of Utah, the volunteer is covered by "Volunteer Government Workers ACT" (67-20 UCA) and has workers compensation and medical benefits as an exclusive remedy for any injuries. (http://training.fema.gov/EMIWeb/cert/Liab_3.htm)  In other states, remedy is less specific or nonexistent.  The volunteer should have medical insurance to cover the cost of any emergency or other medical care needed for an illness or injury during the event.  Additionally public and private agencies or governmental entities, the local Volunteer Fire Department, the Red Cross Disaster Services, the local Community Emergency Response Teams (CERT) and many other organizations MAY have group insurance coverage for the volunteer they sponsored.

SUMMARY
    Since January of 2002, President Bush appealed for Americans to do their part against terrorism by volunteering in their communities by promoting his $560 million proposal for a USA Freedom Corps. (http://www.nvfc.org/news/hn_bush_urges_volunteerism.html)  Unless the overall protections for the volunteer are standardized nationwide in a similar fashion as the "Volunteer Protection Act of 1997" effected liability for harm there will be a lack of trained and prepared volunteers.  Due to this shortage, crisis and emergency management will have to continue deal with the untrained, unprepared spontaneous volunteer.  The alternative would be for the States and local governments to modify their statutory authorities to include the crisis, disaster, or emergency volunteer with same protections as their employees.
   
LEGISLATIVE UPDATE

With the creation of the Department of Homeland Security by Homeland Security Act of 2002, the functions of the Director of the Federal Emergency Management Agency shall be transferred to the Secretary and the Federal Emergency Management Agency shall remain the lead agency for the Federal Response Plan established under Executive Order No. 12148 (44 Fed. Reg. 43239) and Executive Order No. 12656 (53 Fed. Reg. 47491). (http://thomas.loc.gov/cgi-bin/query/z?c107:h.r.5005.enr: )