404.110 Searchand rescue activities; responsibilities of sheriff; delegation of sheriff’sduties
404.115 Restrictionof access to search and rescue area
404.120 Countysheriff to adopt search and rescue plan; contents; annual review
404.125 Critiqueof search and rescue incident; filing amended search and rescue plan withOffice of Emergency Management
404.130 Searchand rescue incident number
404.135 Investigativesubpoena
QUALIFIEDSEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200 Definitionsfor ORS 404.200 to 404.215
(Qualification)
404.205 Application
(Indemnification)
404.210 Coverageunder Oregon Tort Claims Act
(Workers’Compensation Benefits)
404.215 Workers’compensation coverage
(Leaveof Absence)
404.250 Leaveof absence from employment for search and rescue volunteer
REIMBURSEMENTBY BENEFITED PERSONS
404.270 Reimbursementof public body for search and rescue by benefited persons; amount; exceptions
EQUIPMENTAND SIGNALING DEVICES
404.300 Definitionsfor ORS 404.300 to 404.315
404.305 Assumptionof risk of wilderness travel or mountain climbing; use and effect of electronicsignaling devices
404.310 Requiredequipment when guiding children above timberline
404.315 Exemptionfrom liability for electronic signaling device; exceptions
404.325 Postingof emergency contact telephone number
COMPANIONANIMALS
404.350 Rescueof companion animal
SEARCHAND RESCUE GENERALLY
404.100Search and Rescue Coordinator; appointment; duties. The Director ofthe Office of Emergency Management shall appoint a Search and RescueCoordinator to:
(1)Coordinate the search and rescue function of the Office of EmergencyManagement;
(2)Coordinate the activities of state and federal agencies involved in search andrescue;
(3)Establish liaison with the Oregon State Sheriffs’ Association and other publicand private organizations and agencies involved in search and rescue;
(4)Provide on-scene search and rescue coordination when requested by an authorizedperson;
(5)Coordinate and process requests for the use of volunteers and equipment;
(6)Assist in developing training and outdoor education programs;
(7)Gather statistics in search and rescue operations; and
(8)Gather and disseminate resource information of personnel, equipment andmaterials available for search and rescue. [Formerly 401.550]
404.105Program for air search and rescue. The Office of Emergency Managementshall establish and maintain a program for the air search and rescue of lostaircraft and persons and for the air support of other emergency situations. Theprogram established under this section may include, but is not limited to, thefollowing:
(1)The formation of a volunteer air search and rescue organization and provisionof appropriate training to this organization.
(2)Directing, coordinating and performing air activities in conjunction with airsearch and rescue and other emergency situations.
(3)Entering into agreements with private persons, volunteer organizations, andfederal, state and local agencies for air search and rescue and other emergencyactivities.
(4)Such other related activities as may be deemed necessary and appropriate by theDirector of the Office of Emergency Management. [Formerly 401.555]
404.110Search and rescue activities; responsibilities of sheriff; delegation ofsheriff’s duties.(1) The sheriff of each county has the responsibility for search and rescueactivities within the county. The duty of a sheriff under this subsection maybe delegated to a deputy or other qualified person.
(2)If the sheriff does not accept the responsibility for search and rescueactivities, the chief executive of the county shall direct the county emergencyprogram manager appointed under ORS 401.305 to perform the duties andresponsibilities required under ORS 404.100 to 404.270.
(3)A sheriff or other person performing the duties of the sheriff under thissection shall notify the Office of Emergency Management of each search andrescue in the county and shall request the assignment of incident numbers foreach search and rescue.
(4)When search and rescue activities occur in a multicounty area:
(a)The sheriff of one county, or the other person performing the duties of thesheriff of one of the counties under this section, shall take charge, or thecounties shall form a unified command, as outlined in the National IncidentManagement System Incident Command System established by Homeland SecurityPresidential Directive 5 of February 28, 2003; or
(b)If the appropriate sheriff or other person does not assume command as describedin paragraph (a) of this subsection, the sheriff who received the initial callshall take charge of the multicounty search and rescue. [Formerly 401.560]
404.115Restriction of access to search and rescue area. The sheriff ofeach county, the person performing the sheriff’s duties under ORS 404.110 orduly assigned military or state police personnel may restrict access to aspecific search and rescue area. No unauthorized person shall then enter into arestricted area or interfere with a search and rescue. Provision shall be madefor reasonable access by members of the media in the performance ofnewsgathering and reporting. Access shall be restricted for a reasonable periodof time necessary to accomplish the search and rescue. [Formerly 401.570]
404.120County sheriff to adopt search and rescue plan; contents; annual review. (1) The sheriffof each county shall adopt a search and rescue plan for the county. The searchand rescue plan shall set forth search and rescue policies, including policiesfor implementation of multicounty search and rescue activities, for the countythat comply with the relevant provisions of the National Incident ManagementSystem Incident Command System established by Homeland Security PresidentialDirective 5 of February 28, 2003, and shall describe procedures forimplementing those policies. A county search and rescue plan shall list anddescribe materials, mutual aid agreements, equipment and personnel availablewithin the county for search and rescue incidents. The plan shall also include:
(a)A detailed description of activities and circumstances that constitute searchand rescue in the county.
(b)Identification of volunteer organizations available to the county for use forsearch and rescue.
(c)Procedures for contacting and requesting assistance from volunteerorganizations during search and rescue activities.
(d)Procedures for contacting and requesting available assistance from otheragencies and groups.
(e)Minimum standards for individuals whose technical or professional skills may berequired for search and rescue.
(2)A county search and rescue plan adopted under this section shall require aperson in charge of a search and rescue to complete a fact sheet for theincident. The fact sheet shall contain the incident number assigned under ORS404.130 for search and rescue and such other information required under thesearch and rescue plan of the county.
(3)The sheriff of each county shall review and, if necessary or desirable, revisethe search and rescue plan annually. After the initial adoption of a search andrescue plan under this section and after each annual review or revision of theplan, the sheriff shall submit the plan to the Search and Rescue Coordinatorappointed under ORS 404.100.
(4)The Office of Emergency Management, after consultation with the Oregon StateSheriffs’ Association, may establish guidelines for county search and rescueplans.
(5)The Office of Emergency Management shall annually publish and distribute to thesheriff of each county a search and rescue resource inventory, which shallinclude materials, equipment and personnel available from counties, agenciesand the State of Oregon for use in search and rescue incidents. [Formerly401.573]
404.125Critique of search and rescue incident; filing amended search and rescue planwith Office of Emergency Management. (1) After a search and rescue, thesheriff of the county in which the search and rescue took place shall conduct acritique of the incident:
(a)If, in the opinion of the sheriff, the critique would be useful; or
(b)Upon request from an individual directly involved in the incident.
(2)As part of the critique, the sheriff shall examine the search and rescue reportand may receive testimony and information from persons involved in theincident.
(3)When a critique of a search and rescue is conducted under this section, thesheriff shall prepare findings of fact concerning the search and rescue,including the investigatory component, and may prepare recommendations for theconduct of future incidents or propose amendments to the search and rescue planunder which the search and rescue was conducted.
(4)If amendments to the search and rescue plan are proposed and adopted, thesheriff shall file the amended search and rescue plan with the Office ofEmergency Management.
(5)The office shall, in consultation with the Oregon State Sheriffs’ Association,develop a standardized critique form to be used in the search and rescuecritiques performed by a sheriff under this section. [Formerly 401.576]
404.130Search and rescue incident number. (1) An incident number shall beassigned to each search and rescue reported under ORS 404.110.
(2)The incident number assigned shall be referenced for:
(a)The payment of workers’ compensation benefits for those persons participatingin search and rescue activities; and
(b)The dispatch and request for state, federal and cooperative assistanceresources. [Formerly 401.580]
404.135Investigative subpoena. (1) If a peace officer has probable cause tobelieve that an individual is missing and in danger, the officer may requestthat the Attorney General, a district attorney, a city or county attorney or acircuit court judge execute in writing and cause to be served an investigativesubpoena upon an individual who is believed, by the Attorney General, thedistrict attorney, the city or county attorney or circuit court judge, to haveinformation, documents or physical evidence that may be useful in locating themissing person.
(2)The investigative subpoena requires the person, under oath or otherwise, toappear and testify, to answer written interrogatories or to produce documentsor physical evidence for examination, at a reasonable time and place as may bestated in the subpoena, to further the investigation into the whereabouts ofthe missing individual.
(3)Information, documents or physical evidence obtained pursuant to this sectionmay not be used for criminal investigation or prosecution.
(4)This section does not alter the status of information, documents or physicalevidence disclosed. Notwithstanding disclosure for the purpose of locating amissing individual, confidential information, documents or physical evidenceretain their confidential status. [Formerly 401.582]
QUALIFIEDSEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200Definitions for ORS 404.200 to 404.215. As used in ORS 404.200 to 404.215:
(1)“Qualified search and rescue volunteer” means a person who is:
(a)Registered with the Office of Emergency Management to conduct search and rescueactivities;
(b)Registered with a sheriff to conduct search and rescue activities;
(c)A member of a designated search and rescue organization that is registered witha sheriff or the Office of Emergency Management; or
(d)Acknowledged in writing as a qualified search and rescue volunteer by theOffice of Emergency Management, or by a sheriff, at the scene of a search orrescue.
(2)“Search and rescue activities” means:
(a)Searching for, rescuing or recovering any person who is missing, injured ordeceased; and
(b)Training to perform the activities described in paragraph (a) of thissubsection that is either conducted or approved by a public body. [2009 c.718 §11]
(Qualification)
404.205Application.ORS 404.200 to 404.215 apply only to a qualified search and rescue volunteerwho is performing search and rescue activities without compensation other thanreimbursement for food, lodging, costs of transportation and other expenses. [2009c.718 §12]
(Indemnification)
404.210Coverage under Oregon Tort Claims Act. A qualified search and rescue volunteeris an agent of a county under ORS 30.260 to 30.300 for the purpose of acts andomissions of the volunteer that are within the course and scope of thevolunteer’s duties and that occur while the volunteer is performing search andrescue activities under the direction of the sheriff of the county or thedesignee of the sheriff, and the county shall defend, save harmless andindemnify the volunteer for any tort claim arising out of an alleged act oromission occurring in the performance of those activities as required by ORS30.285. [2009 c.718 §13]
(Workers’Compensation Benefits)
404.215Workers’ compensation coverage. (1) Any county in which a qualifiedsearch and rescue volunteer performs search and rescue activities under thedirection of the sheriff of the county or the designee of the sheriff isconclusively deemed to have filed an election under ORS 656.031 to provideworkers’ compensation coverage for the qualified search and rescue volunteer.
(2)An insurer or self-insured employer may fix assumed wage rates for qualifiedsearch and rescue volunteers, which may be used only for purposes ofcomputations under ORS chapter 656, and shall require the regular payment ofpremiums or assessments based on the hours of service by qualified search andrescue volunteers. A self-insured employer shall submit the assumed wage ratesto the Director of the Department of Consumer and Business Services. If thedirector finds that the rates are unreasonable, the director may fixappropriate rates to be used for purposes of this section.
(3)A county that is a self-insured employer under ORS chapter 656 may apply to aninsurer for workers’ compensation coverage for qualified search and rescuevolunteers only, while continuing to self-insure the other subject workers ofthe county. If an insurer decides not to provide workers’ compensation coveragefor qualified search and rescue volunteers of the county, coverage shall beprovided through the assigned risk pool.
(4)Qualified search and rescue volunteers and their beneficiaries are not eligiblefor workers’ compensation benefits under this section if the volunteer isperforming search and rescue activities during an emergency and is provided withworkers’ compensation coverage under ORS 401.368. [2009 c.718 §14]
(Leaveof Absence)
404.250Leave of absence from employment for search and rescue volunteer. (1) As used inthis section:
(a)“Employee” means an individual, other than a copartner of the employer or anindependent contractor, who renders personal services in this state to anemployer that pays or agrees to pay wages or other compensation to theindividual for those services.
(b)“Employer” means a person who employs one or more employees in this state. “Employer”includes the State of Oregon or a county, city, district, authority, publiccorporation or entity and any of their instrumentalities organized and existingunder law or charter, but does not include the federal government.
(2)Upon request of an employee who is a search and rescue volunteer accepted toparticipate in search and rescue activities by the sheriff, an employer maygrant a leave of absence to the employee until release from the search andrescue activities permits the employee to resume the duties of employment.
(3)The regular employment position of an employee on leave of absence under thissection is considered vacant only for the period of the leave of absence. Theemployee is not subject to removal or discharge from the position as aconsequence of the leave of absence.
(4)Upon the termination of a leave of absence under this section, the employershall restore the employee to the employee’s position or an equivalent positionwithout loss of seniority, vacation credits, sick leave credits, servicecredits under a pension plan or any other employee benefit or right that hadbeen earned at the time of the leave of absence.
(5)An employer is not required to pay wages or other monetary compensation to anemployee during a leave of absence under this section. [Formerly 401.584]
REIMBURSEMENTBY BENEFITED PERSONS
404.270Reimbursement of public body for search and rescue by benefited persons;amount; exceptions.(1) A public body that has authority to conduct search and rescue activitiesmay collect an amount specified in this section as reimbursement for the costof search and rescue activities when the public body conducts search and rescueactivities for the benefit of hikers, climbers, hunters and other users ofwilderness areas or unpopulated forested or mountainous recreational areas inthis state.
(2)The public body may collect moneys as authorized by this section from eachperson for whose benefit search and rescue activities are conducted. The publicbody may not collect more than $500 from an individual under this section andmay not collect more than the actual cost of the search and rescue activitiesfrom all of the individuals for whose benefit the activities are conducted.
(3)A public body may obtain reimbursement under this section only when:
(a)Reasonable care was not exercised by the individuals for whose benefit thesearch and rescue activities are conducted; or
(b)Applicable laws were violated by such individuals.
(4)Any individual who is charged a fee for reimbursement under this section mayappeal the charge or the amount of the fee to the public body that charged thefee.
(5)For the purposes of subsection (3) of this section, evidence of reasonable careincludes:
(a)The individuals possessed experience and used equipment that was appropriatefor the known conditions of weather and terrain.
(b)The individuals used or attempted to use locating devices or cellulartelephones when appropriate.
(c)The individuals notified responsible persons or organizations of the expectedtime of departure and the expected time of return and the planned location orroute of activity.
(d)The individuals had maps and orienteering equipment and used trails or otherroutes that were appropriate for the conditions.
(6)As used in this section, “public body” has the meaning given that term in ORS174.109. [Formerly 401.590]
EQUIPMENTAND SIGNALING DEVICES
404.300Definitions for ORS 404.300 to 404.315. As used in ORS 404.300 to 404.315:
404.110 Searchand rescue activities; responsibilities of sheriff; delegation of sheriff’sduties
404.115 Restrictionof access to search and rescue area
404.120 Countysheriff to adopt search and rescue plan; contents; annual review
404.125 Critiqueof search and rescue incident; filing amended search and rescue plan withOffice of Emergency Management
404.130 Searchand rescue incident number
404.135 Investigativesubpoena
QUALIFIEDSEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200 Definitionsfor ORS 404.200 to 404.215
(Qualification)
404.205 Application
(Indemnification)
404.210 Coverageunder Oregon Tort Claims Act
(Workers’Compensation Benefits)
404.215 Workers’compensation coverage
(Leaveof Absence)
404.250 Leaveof absence from employment for search and rescue volunteer
REIMBURSEMENTBY BENEFITED PERSONS
404.270 Reimbursementof public body for search and rescue by benefited persons; amount; exceptions
EQUIPMENTAND SIGNALING DEVICES
404.300 Definitionsfor ORS 404.300 to 404.315
404.305 Assumptionof risk of wilderness travel or mountain climbing; use and effect of electronicsignaling devices
404.310 Requiredequipment when guiding children above timberline
404.315 Exemptionfrom liability for electronic signaling device; exceptions
404.325 Postingof emergency contact telephone number
COMPANIONANIMALS
404.350 Rescueof companion animal
SEARCHAND RESCUE GENERALLY
404.100Search and Rescue Coordinator; appointment; duties. The Director ofthe Office of Emergency Management shall appoint a Search and RescueCoordinator to:
(1)Coordinate the search and rescue function of the Office of EmergencyManagement;
(2)Coordinate the activities of state and federal agencies involved in search andrescue;
(3)Establish liaison with the Oregon State Sheriffs’ Association and other publicand private organizations and agencies involved in search and rescue;
(4)Provide on-scene search and rescue coordination when requested by an authorizedperson;
(5)Coordinate and process requests for the use of volunteers and equipment;
(6)Assist in developing training and outdoor education programs;
(7)Gather statistics in search and rescue operations; and
(8)Gather and disseminate resource information of personnel, equipment andmaterials available for search and rescue. [Formerly 401.550]
404.105Program for air search and rescue. The Office of Emergency Managementshall establish and maintain a program for the air search and rescue of lostaircraft and persons and for the air support of other emergency situations. Theprogram established under this section may include, but is not limited to, thefollowing:
(1)The formation of a volunteer air search and rescue organization and provisionof appropriate training to this organization.
(2)Directing, coordinating and performing air activities in conjunction with airsearch and rescue and other emergency situations.
(3)Entering into agreements with private persons, volunteer organizations, andfederal, state and local agencies for air search and rescue and other emergencyactivities.
(4)Such other related activities as may be deemed necessary and appropriate by theDirector of the Office of Emergency Management. [Formerly 401.555]
404.110Search and rescue activities; responsibilities of sheriff; delegation ofsheriff’s duties.(1) The sheriff of each county has the responsibility for search and rescueactivities within the county. The duty of a sheriff under this subsection maybe delegated to a deputy or other qualified person.
(2)If the sheriff does not accept the responsibility for search and rescueactivities, the chief executive of the county shall direct the county emergencyprogram manager appointed under ORS 401.305 to perform the duties andresponsibilities required under ORS 404.100 to 404.270.
(3)A sheriff or other person performing the duties of the sheriff under thissection shall notify the Office of Emergency Management of each search andrescue in the county and shall request the assignment of incident numbers foreach search and rescue.
(4)When search and rescue activities occur in a multicounty area:
(a)The sheriff of one county, or the other person performing the duties of thesheriff of one of the counties under this section, shall take charge, or thecounties shall form a unified command, as outlined in the National IncidentManagement System Incident Command System established by Homeland SecurityPresidential Directive 5 of February 28, 2003; or
(b)If the appropriate sheriff or other person does not assume command as describedin paragraph (a) of this subsection, the sheriff who received the initial callshall take charge of the multicounty search and rescue. [Formerly 401.560]
404.115Restriction of access to search and rescue area. The sheriff ofeach county, the person performing the sheriff’s duties under ORS 404.110 orduly assigned military or state police personnel may restrict access to aspecific search and rescue area. No unauthorized person shall then enter into arestricted area or interfere with a search and rescue. Provision shall be madefor reasonable access by members of the media in the performance ofnewsgathering and reporting. Access shall be restricted for a reasonable periodof time necessary to accomplish the search and rescue. [Formerly 401.570]
404.120County sheriff to adopt search and rescue plan; contents; annual review. (1) The sheriffof each county shall adopt a search and rescue plan for the county. The searchand rescue plan shall set forth search and rescue policies, including policiesfor implementation of multicounty search and rescue activities, for the countythat comply with the relevant provisions of the National Incident ManagementSystem Incident Command System established by Homeland Security PresidentialDirective 5 of February 28, 2003, and shall describe procedures forimplementing those policies. A county search and rescue plan shall list anddescribe materials, mutual aid agreements, equipment and personnel availablewithin the county for search and rescue incidents. The plan shall also include:
(a)A detailed description of activities and circumstances that constitute searchand rescue in the county.
(b)Identification of volunteer organizations available to the county for use forsearch and rescue.
(c)Procedures for contacting and requesting assistance from volunteerorganizations during search and rescue activities.
(d)Procedures for contacting and requesting available assistance from otheragencies and groups.
(e)Minimum standards for individuals whose technical or professional skills may berequired for search and rescue.
(2)A county search and rescue plan adopted under this section shall require aperson in charge of a search and rescue to complete a fact sheet for theincident. The fact sheet shall contain the incident number assigned under ORS404.130 for search and rescue and such other information required under thesearch and rescue plan of the county.
(3)The sheriff of each county shall review and, if necessary or desirable, revisethe search and rescue plan annually. After the initial adoption of a search andrescue plan under this section and after each annual review or revision of theplan, the sheriff shall submit the plan to the Search and Rescue Coordinatorappointed under ORS 404.100.
(4)The Office of Emergency Management, after consultation with the Oregon StateSheriffs’ Association, may establish guidelines for county search and rescueplans.
(5)The Office of Emergency Management shall annually publish and distribute to thesheriff of each county a search and rescue resource inventory, which shallinclude materials, equipment and personnel available from counties, agenciesand the State of Oregon for use in search and rescue incidents. [Formerly401.573]
404.125Critique of search and rescue incident; filing amended search and rescue planwith Office of Emergency Management. (1) After a search and rescue, thesheriff of the county in which the search and rescue took place shall conduct acritique of the incident:
(a)If, in the opinion of the sheriff, the critique would be useful; or
(b)Upon request from an individual directly involved in the incident.
(2)As part of the critique, the sheriff shall examine the search and rescue reportand may receive testimony and information from persons involved in theincident.
(3)When a critique of a search and rescue is conducted under this section, thesheriff shall prepare findings of fact concerning the search and rescue,including the investigatory component, and may prepare recommendations for theconduct of future incidents or propose amendments to the search and rescue planunder which the search and rescue was conducted.
(4)If amendments to the search and rescue plan are proposed and adopted, thesheriff shall file the amended search and rescue plan with the Office ofEmergency Management.
(5)The office shall, in consultation with the Oregon State Sheriffs’ Association,develop a standardized critique form to be used in the search and rescuecritiques performed by a sheriff under this section. [Formerly 401.576]
404.130Search and rescue incident number. (1) An incident number shall beassigned to each search and rescue reported under ORS 404.110.
(2)The incident number assigned shall be referenced for:
(a)The payment of workers’ compensation benefits for those persons participatingin search and rescue activities; and
(b)The dispatch and request for state, federal and cooperative assistanceresources. [Formerly 401.580]
404.135Investigative subpoena. (1) If a peace officer has probable cause tobelieve that an individual is missing and in danger, the officer may requestthat the Attorney General, a district attorney, a city or county attorney or acircuit court judge execute in writing and cause to be served an investigativesubpoena upon an individual who is believed, by the Attorney General, thedistrict attorney, the city or county attorney or circuit court judge, to haveinformation, documents or physical evidence that may be useful in locating themissing person.
(2)The investigative subpoena requires the person, under oath or otherwise, toappear and testify, to answer written interrogatories or to produce documentsor physical evidence for examination, at a reasonable time and place as may bestated in the subpoena, to further the investigation into the whereabouts ofthe missing individual.
(3)Information, documents or physical evidence obtained pursuant to this sectionmay not be used for criminal investigation or prosecution.
(4)This section does not alter the status of information, documents or physicalevidence disclosed. Notwithstanding disclosure for the purpose of locating amissing individual, confidential information, documents or physical evidenceretain their confidential status. [Formerly 401.582]
QUALIFIEDSEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200Definitions for ORS 404.200 to 404.215. As used in ORS 404.200 to 404.215:
(1)“Qualified search and rescue volunteer” means a person who is:
(a)Registered with the Office of Emergency Management to conduct search and rescueactivities;
(b)Registered with a sheriff to conduct search and rescue activities;
(c)A member of a designated search and rescue organization that is registered witha sheriff or the Office of Emergency Management; or
(d)Acknowledged in writing as a qualified search and rescue volunteer by theOffice of Emergency Management, or by a sheriff, at the scene of a search orrescue.
(2)“Search and rescue activities” means:
(a)Searching for, rescuing or recovering any person who is missing, injured ordeceased; and
(b)Training to perform the activities described in paragraph (a) of thissubsection that is either conducted or approved by a public body. [2009 c.718 §11]
(Qualification)
404.205Application.ORS 404.200 to 404.215 apply only to a qualified search and rescue volunteerwho is performing search and rescue activities without compensation other thanreimbursement for food, lodging, costs of transportation and other expenses. [2009c.718 §12]
(Indemnification)
404.210Coverage under Oregon Tort Claims Act. A qualified search and rescue volunteeris an agent of a county under ORS 30.260 to 30.300 for the purpose of acts andomissions of the volunteer that are within the course and scope of thevolunteer’s duties and that occur while the volunteer is performing search andrescue activities under the direction of the sheriff of the county or thedesignee of the sheriff, and the county shall defend, save harmless andindemnify the volunteer for any tort claim arising out of an alleged act oromission occurring in the performance of those activities as required by ORS30.285. [2009 c.718 §13]
(Workers’Compensation Benefits)
404.215Workers’ compensation coverage. (1) Any county in which a qualifiedsearch and rescue volunteer performs search and rescue activities under thedirection of the sheriff of the county or the designee of the sheriff isconclusively deemed to have filed an election under ORS 656.031 to provideworkers’ compensation coverage for the qualified search and rescue volunteer.
(2)An insurer or self-insured employer may fix assumed wage rates for qualifiedsearch and rescue volunteers, which may be used only for purposes ofcomputations under ORS chapter 656, and shall require the regular payment ofpremiums or assessments based on the hours of service by qualified search andrescue volunteers. A self-insured employer shall submit the assumed wage ratesto the Director of the Department of Consumer and Business Services. If thedirector finds that the rates are unreasonable, the director may fixappropriate rates to be used for purposes of this section.
(3)A county that is a self-insured employer under ORS chapter 656 may apply to aninsurer for workers’ compensation coverage for qualified search and rescuevolunteers only, while continuing to self-insure the other subject workers ofthe county. If an insurer decides not to provide workers’ compensation coveragefor qualified search and rescue volunteers of the county, coverage shall beprovided through the assigned risk pool.
(4)Qualified search and rescue volunteers and their beneficiaries are not eligiblefor workers’ compensation benefits under this section if the volunteer isperforming search and rescue activities during an emergency and is provided withworkers’ compensation coverage under ORS 401.368. [2009 c.718 §14]
(Leaveof Absence)
404.250Leave of absence from employment for search and rescue volunteer. (1) As used inthis section:
(a)“Employee” means an individual, other than a copartner of the employer or anindependent contractor, who renders personal services in this state to anemployer that pays or agrees to pay wages or other compensation to theindividual for those services.
(b)“Employer” means a person who employs one or more employees in this state. “Employer”includes the State of Oregon or a county, city, district, authority, publiccorporation or entity and any of their instrumentalities organized and existingunder law or charter, but does not include the federal government.
(2)Upon request of an employee who is a search and rescue volunteer accepted toparticipate in search and rescue activities by the sheriff, an employer maygrant a leave of absence to the employee until release from the search andrescue activities permits the employee to resume the duties of employment.
(3)The regular employment position of an employee on leave of absence under thissection is considered vacant only for the period of the leave of absence. Theemployee is not subject to removal or discharge from the position as aconsequence of the leave of absence.
(4)Upon the termination of a leave of absence under this section, the employershall restore the employee to the employee’s position or an equivalent positionwithout loss of seniority, vacation credits, sick leave credits, servicecredits under a pension plan or any other employee benefit or right that hadbeen earned at the time of the leave of absence.
(5)An employer is not required to pay wages or other monetary compensation to anemployee during a leave of absence under this section. [Formerly 401.584]
REIMBURSEMENTBY BENEFITED PERSONS
404.270Reimbursement of public body for search and rescue by benefited persons;amount; exceptions.(1) A public body that has authority to conduct search and rescue activitiesmay collect an amount specified in this section as reimbursement for the costof search and rescue activities when the public body conducts search and rescueactivities for the benefit of hikers, climbers, hunters and other users ofwilderness areas or unpopulated forested or mountainous recreational areas inthis state.
(2)The public body may collect moneys as authorized by this section from eachperson for whose benefit search and rescue activities are conducted. The publicbody may not collect more than $500 from an individual under this section andmay not collect more than the actual cost of the search and rescue activitiesfrom all of the individuals for whose benefit the activities are conducted.
(3)A public body may obtain reimbursement under this section only when:
(a)Reasonable care was not exercised by the individuals for whose benefit thesearch and rescue activities are conducted; or
(b)Applicable laws were violated by such individuals.
(4)Any individual who is charged a fee for reimbursement under this section mayappeal the charge or the amount of the fee to the public body that charged thefee.
(5)For the purposes of subsection (3) of this section, evidence of reasonable careincludes:
(a)The individuals possessed experience and used equipment that was appropriatefor the known conditions of weather and terrain.
(b)The individuals used or attempted to use locating devices or cellulartelephones when appropriate.
(c)The individuals notified responsible persons or organizations of the expectedtime of departure and the expected time of return and the planned location orroute of activity.
(d)The individuals had maps and orienteering equipment and used trails or otherroutes that were appropriate for the conditions.
(6)As used in this section, “public body” has the meaning given that term in ORS174.109. [Formerly 401.590]
EQUIPMENTAND SIGNALING DEVICES
404.300Definitions for ORS 404.300 to 404.315. As used in ORS 404.300 to 404.315:
404.110 Searchand rescue activities; responsibilities of sheriff; delegation of sheriff’sduties
404.115 Restrictionof access to search and rescue area
404.120 Countysheriff to adopt search and rescue plan; contents; annual review
404.125 Critiqueof search and rescue incident; filing amended search and rescue plan withOffice of Emergency Management
404.130 Searchand rescue incident number
404.135 Investigativesubpoena
QUALIFIEDSEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200 Definitionsfor ORS 404.200 to 404.215
(Qualification)
404.205 Application
(Indemnification)
404.210 Coverageunder Oregon Tort Claims Act
(Workers’Compensation Benefits)
404.215 Workers’compensation coverage
(Leaveof Absence)
404.250 Leaveof absence from employment for search and rescue volunteer
REIMBURSEMENTBY BENEFITED PERSONS
404.270 Reimbursementof public body for search and rescue by benefited persons; amount; exceptions
EQUIPMENTAND SIGNALING DEVICES
404.300 Definitionsfor ORS 404.300 to 404.315
404.305 Assumptionof risk of wilderness travel or mountain climbing; use and effect of electronicsignaling devices
404.310 Requiredequipment when guiding children above timberline
404.315 Exemptionfrom liability for electronic signaling device; exceptions
404.325 Postingof emergency contact telephone number
COMPANIONANIMALS
404.350 Rescueof companion animal
SEARCHAND RESCUE GENERALLY
404.100Search and Rescue Coordinator; appointment; duties. The Director ofthe Office of Emergency Management shall appoint a Search and RescueCoordinator to:
(1)Coordinate the search and rescue function of the Office of EmergencyManagement;
(2)Coordinate the activities of state and federal agencies involved in search andrescue;
(3)Establish liaison with the Oregon State Sheriffs’ Association and other publicand private organizations and agencies involved in search and rescue;
(4)Provide on-scene search and rescue coordination when requested by an authorizedperson;
(5)Coordinate and process requests for the use of volunteers and equipment;
(6)Assist in developing training and outdoor education programs;
(7)Gather statistics in search and rescue operations; and
(8)Gather and disseminate resource information of personnel, equipment andmaterials available for search and rescue. [Formerly 401.550]
404.105Program for air search and rescue. The Office of Emergency Managementshall establish and maintain a program for the air search and rescue of lostaircraft and persons and for the air support of other emergency situations. Theprogram established under this section may include, but is not limited to, thefollowing:
(1)The formation of a volunteer air search and rescue organization and provisionof appropriate training to this organization.
(2)Directing, coordinating and performing air activities in conjunction with airsearch and rescue and other emergency situations.
(3)Entering into agreements with private persons, volunteer organizations, andfederal, state and local agencies for air search and rescue and other emergencyactivities.
(4)Such other related activities as may be deemed necessary and appropriate by theDirector of the Office of Emergency Management. [Formerly 401.555]
404.110Search and rescue activities; responsibilities of sheriff; delegation ofsheriff’s duties.(1) The sheriff of each county has the responsibility for search and rescueactivities within the county. The duty of a sheriff under this subsection maybe delegated to a deputy or other qualified person.
(2)If the sheriff does not accept the responsibility for search and rescueactivities, the chief executive of the county shall direct the county emergencyprogram manager appointed under ORS 401.305 to perform the duties andresponsibilities required under ORS 404.100 to 404.270.
(3)A sheriff or other person performing the duties of the sheriff under thissection shall notify the Office of Emergency Management of each search andrescue in the county and shall request the assignment of incident numbers foreach search and rescue.
(4)When search and rescue activities occur in a multicounty area:
(a)The sheriff of one county, or the other person performing the duties of thesheriff of one of the counties under this section, shall take charge, or thecounties shall form a unified command, as outlined in the National IncidentManagement System Incident Command System established by Homeland SecurityPresidential Directive 5 of February 28, 2003; or
(b)If the appropriate sheriff or other person does not assume command as describedin paragraph (a) of this subsection, the sheriff who received the initial callshall take charge of the multicounty search and rescue. [Formerly 401.560]
404.115Restriction of access to search and rescue area. The sheriff ofeach county, the person performing the sheriff’s duties under ORS 404.110 orduly assigned military or state police personnel may restrict access to aspecific search and rescue area. No unauthorized person shall then enter into arestricted area or interfere with a search and rescue. Provision shall be madefor reasonable access by members of the media in the performance ofnewsgathering and reporting. Access shall be restricted for a reasonable periodof time necessary to accomplish the search and rescue. [Formerly 401.570]
404.120County sheriff to adopt search and rescue plan; contents; annual review. (1) The sheriffof each county shall adopt a search and rescue plan for the county. The searchand rescue plan shall set forth search and rescue policies, including policiesfor implementation of multicounty search and rescue activities, for the countythat comply with the relevant provisions of the National Incident ManagementSystem Incident Command System established by Homeland Security PresidentialDirective 5 of February 28, 2003, and shall describe procedures forimplementing those policies. A county search and rescue plan shall list anddescribe materials, mutual aid agreements, equipment and personnel availablewithin the county for search and rescue incidents. The plan shall also include:
(a)A detailed description of activities and circumstances that constitute searchand rescue in the county.
(b)Identification of volunteer organizations available to the county for use forsearch and rescue.
(c)Procedures for contacting and requesting assistance from volunteerorganizations during search and rescue activities.
(d)Procedures for contacting and requesting available assistance from otheragencies and groups.
(e)Minimum standards for individuals whose technical or professional skills may berequired for search and rescue.
(2)A county search and rescue plan adopted under this section shall require aperson in charge of a search and rescue to complete a fact sheet for theincident. The fact sheet shall contain the incident number assigned under ORS404.130 for search and rescue and such other information required under thesearch and rescue plan of the county.
(3)The sheriff of each county shall review and, if necessary or desirable, revisethe search and rescue plan annually. After the initial adoption of a search andrescue plan under this section and after each annual review or revision of theplan, the sheriff shall submit the plan to the Search and Rescue Coordinatorappointed under ORS 404.100.
(4)The Office of Emergency Management, after consultation with the Oregon StateSheriffs’ Association, may establish guidelines for county search and rescueplans.
(5)The Office of Emergency Management shall annually publish and distribute to thesheriff of each county a search and rescue resource inventory, which shallinclude materials, equipment and personnel available from counties, agenciesand the State of Oregon for use in search and rescue incidents. [Formerly401.573]
404.125Critique of search and rescue incident; filing amended search and rescue planwith Office of Emergency Management. (1) After a search and rescue, thesheriff of the county in which the search and rescue took place shall conduct acritique of the incident:
(a)If, in the opinion of the sheriff, the critique would be useful; or
(b)Upon request from an individual directly involved in the incident.
(2)As part of the critique, the sheriff shall examine the search and rescue reportand may receive testimony and information from persons involved in theincident.
(3)When a critique of a search and rescue is conducted under this section, thesheriff shall prepare findings of fact concerning the search and rescue,including the investigatory component, and may prepare recommendations for theconduct of future incidents or propose amendments to the search and rescue planunder which the search and rescue was conducted.
(4)If amendments to the search and rescue plan are proposed and adopted, thesheriff shall file the amended search and rescue plan with the Office ofEmergency Management.
(5)The office shall, in consultation with the Oregon State Sheriffs’ Association,develop a standardized critique form to be used in the search and rescuecritiques performed by a sheriff under this section. [Formerly 401.576]
404.130Search and rescue incident number. (1) An incident number shall beassigned to each search and rescue reported under ORS 404.110.
(2)The incident number assigned shall be referenced for:
(a)The payment of workers’ compensation benefits for those persons participatingin search and rescue activities; and
(b)The dispatch and request for state, federal and cooperative assistanceresources. [Formerly 401.580]
404.135Investigative subpoena. (1) If a peace officer has probable cause tobelieve that an individual is missing and in danger, the officer may requestthat the Attorney General, a district attorney, a city or county attorney or acircuit court judge execute in writing and cause to be served an investigativesubpoena upon an individual who is believed, by the Attorney General, thedistrict attorney, the city or county attorney or circuit court judge, to haveinformation, documents or physical evidence that may be useful in locating themissing person.
(2)The investigative subpoena requires the person, under oath or otherwise, toappear and testify, to answer written interrogatories or to produce documentsor physical evidence for examination, at a reasonable time and place as may bestated in the subpoena, to further the investigation into the whereabouts ofthe missing individual.
(3)Information, documents or physical evidence obtained pursuant to this sectionmay not be used for criminal investigation or prosecution.
(4)This section does not alter the status of information, documents or physicalevidence disclosed. Notwithstanding disclosure for the purpose of locating amissing individual, confidential information, documents or physical evidenceretain their confidential status. [Formerly 401.582]
QUALIFIEDSEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200Definitions for ORS 404.200 to 404.215. As used in ORS 404.200 to 404.215:
(1)“Qualified search and rescue volunteer” means a person who is:
(a)Registered with the Office of Emergency Management to conduct search and rescueactivities;
(b)Registered with a sheriff to conduct search and rescue activities;
(c)A member of a designated search and rescue organization that is registered witha sheriff or the Office of Emergency Management; or
(d)Acknowledged in writing as a qualified search and rescue volunteer by theOffice of Emergency Management, or by a sheriff, at the scene of a search orrescue.
(2)“Search and rescue activities” means:
(a)Searching for, rescuing or recovering any person who is missing, injured ordeceased; and
(b)Training to perform the activities described in paragraph (a) of thissubsection that is either conducted or approved by a public body. [2009 c.718 §11]
(Qualification)
404.205Application.ORS 404.200 to 404.215 apply only to a qualified search and rescue volunteerwho is performing search and rescue activities without compensation other thanreimbursement for food, lodging, costs of transportation and other expenses. [2009c.718 §12]
(Indemnification)
404.210Coverage under Oregon Tort Claims Act. A qualified search and rescue volunteeris an agent of a county under ORS 30.260 to 30.300 for the purpose of acts andomissions of the volunteer that are within the course and scope of thevolunteer’s duties and that occur while the volunteer is performing search andrescue activities under the direction of the sheriff of the county or thedesignee of the sheriff, and the county shall defend, save harmless andindemnify the volunteer for any tort claim arising out of an alleged act oromission occurring in the performance of those activities as required by ORS30.285. [2009 c.718 §13]
(Workers’Compensation Benefits)
404.215Workers’ compensation coverage. (1) Any county in which a qualifiedsearch and rescue volunteer performs search and rescue activities under thedirection of the sheriff of the county or the designee of the sheriff isconclusively deemed to have filed an election under ORS 656.031 to provideworkers’ compensation coverage for the qualified search and rescue volunteer.
(2)An insurer or self-insured employer may fix assumed wage rates for qualifiedsearch and rescue volunteers, which may be used only for purposes ofcomputations under ORS chapter 656, and shall require the regular payment ofpremiums or assessments based on the hours of service by qualified search andrescue volunteers. A self-insured employer shall submit the assumed wage ratesto the Director of the Department of Consumer and Business Services. If thedirector finds that the rates are unreasonable, the director may fixappropriate rates to be used for purposes of this section.
(3)A county that is a self-insured employer under ORS chapter 656 may apply to aninsurer for workers’ compensation coverage for qualified search and rescuevolunteers only, while continuing to self-insure the other subject workers ofthe county. If an insurer decides not to provide workers’ compensation coveragefor qualified search and rescue volunteers of the county, coverage shall beprovided through the assigned risk pool.
(4)Qualified search and rescue volunteers and their beneficiaries are not eligiblefor workers’ compensation benefits under this section if the volunteer isperforming search and rescue activities during an emergency and is provided withworkers’ compensation coverage under ORS 401.368. [2009 c.718 §14]
(Leaveof Absence)
404.250Leave of absence from employment for search and rescue volunteer. (1) As used inthis section:
(a)“Employee” means an individual, other than a copartner of the employer or anindependent contractor, who renders personal services in this state to anemployer that pays or agrees to pay wages or other compensation to theindividual for those services.
(b)“Employer” means a person who employs one or more employees in this state. “Employer”includes the State of Oregon or a county, city, district, authority, publiccorporation or entity and any of their instrumentalities organized and existingunder law or charter, but does not include the federal government.
(2)Upon request of an employee who is a search and rescue volunteer accepted toparticipate in search and rescue activities by the sheriff, an employer maygrant a leave of absence to the employee until release from the search andrescue activities permits the employee to resume the duties of employment.
(3)The regular employment position of an employee on leave of absence under thissection is considered vacant only for the period of the leave of absence. Theemployee is not subject to removal or discharge from the position as aconsequence of the leave of absence.
(4)Upon the termination of a leave of absence under this section, the employershall restore the employee to the employee’s position or an equivalent positionwithout loss of seniority, vacation credits, sick leave credits, servicecredits under a pension plan or any other employee benefit or right that hadbeen earned at the time of the leave of absence.
(5)An employer is not required to pay wages or other monetary compensation to anemployee during a leave of absence under this section. [Formerly 401.584]
REIMBURSEMENTBY BENEFITED PERSONS
404.270Reimbursement of public body for search and rescue by benefited persons;amount; exceptions.(1) A public body that has authority to conduct search and rescue activitiesmay collect an amount specified in this section as reimbursement for the costof search and rescue activities when the public body conducts search and rescueactivities for the benefit of hikers, climbers, hunters and other users ofwilderness areas or unpopulated forested or mountainous recreational areas inthis state.
(2)The public body may collect moneys as authorized by this section from eachperson for whose benefit search and rescue activities are conducted. The publicbody may not collect more than $500 from an individual under this section andmay not collect more than the actual cost of the search and rescue activitiesfrom all of the individuals for whose benefit the activities are conducted.
(3)A public body may obtain reimbursement under this section only when:
(a)Reasonable care was not exercised by the individuals for whose benefit thesearch and rescue activities are conducted; or
(b)Applicable laws were violated by such individuals.
(4)Any individual who is charged a fee for reimbursement under this section mayappeal the charge or the amount of the fee to the public body that charged thefee.
(5)For the purposes of subsection (3) of this section, evidence of reasonable careincludes:
(a)The individuals possessed experience and used equipment that was appropriatefor the known conditions of weather and terrain.
(b)The individuals used or attempted to use locating devices or cellulartelephones when appropriate.
(c)The individuals notified responsible persons or organizations of the expectedtime of departure and the expected time of return and the planned location orroute of activity.
(d)The individuals had maps and orienteering equipment and used trails or otherroutes that were appropriate for the conditions.
(6)As used in this section, “public body” has the meaning given that term in ORS174.109. [Formerly 401.590]
EQUIPMENTAND SIGNALING DEVICES
404.300Definitions for ORS 404.300 to 404.315. As used in ORS 404.300 to 404.315:
