Chapter 404 — Search
and Rescue
2011 EDITION
SEARCH AND RESCUE
MILITARY AFFAIRS; EMERGENCY SERVICES
SEARCH AND RESCUE GENERALLY
404.100 Search
and Rescue Coordinator; appointment; duties
404.105 Program
for air search and rescue
404.110 Search
and rescue activities; responsibilities of sheriff; delegation of sheriff’s
duties
404.115 Restriction
of access to search and rescue area
404.120 County
sheriff to adopt search and rescue plan; contents; annual review
404.125 Critique
of search and rescue incident; filing amended search and rescue plan with
Office of Emergency Management
404.130 Search
and rescue incident number
404.135 Investigative
subpoena
QUALIFIED SEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200 Definitions
for ORS 404.200 to 404.215
(Qualification)
404.205 Application
(Indemnification)
404.210 Coverage
under Oregon Tort Claims Act
(Workers’ Compensation Benefits)
404.215 Workers’
compensation coverage
(Leave of Absence)
404.250 Leave
of absence from employment for search and rescue volunteer
REIMBURSEMENT BY BENEFITED PERSONS
404.270 Reimbursement
of public body for search and rescue by benefited persons; amount; exceptions
EQUIPMENT AND SIGNALING DEVICES
404.300 Definitions
for ORS 404.300 to 404.315
404.305 Assumption
of risk of wilderness travel or mountain climbing; use and effect of electronic
signaling devices
404.310 Required
equipment when guiding children above timberline
404.315 Exemption
from liability for electronic signaling device; exceptions
404.325 Posting
of emergency contact telephone number
COMPANION ANIMALS
404.350 Rescue
of companion animal
SEARCH AND RESCUE GENERALLY
404.100 Search and Rescue Coordinator;
appointment; duties. The Director of the Office of
Emergency Management shall appoint a Search and Rescue Coordinator to:
(1)
Coordinate the search and rescue function of the Office of Emergency
Management;
(2)
Coordinate the activities of state and federal agencies involved in search and
rescue;
(3)
Establish liaison with the Oregon State Sheriffs’ Association and other public
and private organizations and agencies involved in search and rescue;
(4)
Provide on-scene search and rescue coordination when requested by an authorized
person;
(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 and
materials available for search and rescue. [Formerly 401.550]
404.105 Program for air search and rescue.
The Office of Emergency Management shall establish and maintain a program for
the air search and rescue of lost aircraft and persons and for the air support
of other emergency situations. The program established under this section may
include, but is not limited to, the following:
(1)
The formation of a volunteer air search and rescue organization and provision
of appropriate training to this organization.
(2)
Directing, coordinating and performing air activities in conjunction with air
search and rescue and other emergency situations.
(3)
Entering into agreements with private persons, volunteer organizations, and
federal, state and local agencies for air search and rescue and other emergency
activities.
(4)
Such other related activities as may be deemed necessary and appropriate by the
Director of the Office of Emergency Management. [Formerly 401.555]
404.110 Search and rescue activities;
responsibilities of sheriff; delegation of sheriff’s duties.
(1) The sheriff of each county has the responsibility for search and rescue
activities within the county. The duty of a sheriff under this subsection may
be delegated to a deputy or other qualified person.
(2)
If the sheriff does not accept the responsibility for search and rescue
activities, the chief executive of the county shall direct the county emergency
program manager appointed under ORS 401.305 to perform the duties and
responsibilities required under ORS 404.100 to 404.270.
(3)
A sheriff or other person performing the duties of the sheriff under this
section shall notify the Office of Emergency Management of each search and
rescue in the county and shall request the assignment of incident numbers for
each 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 the
sheriff of one of the counties under this section, shall take charge, or the
counties shall form a unified command, as outlined in the National Incident
Management System Incident Command System established by Homeland Security
Presidential Directive 5 of February 28, 2003; or
(b)
If the appropriate sheriff or other person does not assume command as described
in paragraph (a) of this subsection, the sheriff who received the initial call
shall take charge of the multicounty search and rescue. [Formerly 401.560]
404.115 Restriction of access to search
and rescue area. The sheriff of each county, the
person performing the sheriff’s duties under ORS 404.110 or duly assigned
military or state police personnel may restrict access to a specific search and
rescue area. No unauthorized person shall then enter into a restricted area or
interfere with a search and rescue. Provision shall be made for reasonable
access by members of the media in the performance of newsgathering and
reporting. Access shall be restricted for a reasonable period of time necessary
to accomplish the search and rescue. [Formerly 401.570]
404.120 County sheriff to adopt search and
rescue plan; contents; annual review. (1) The
sheriff of each county shall adopt a search and rescue plan for the county. The
search and rescue plan shall set forth search and rescue policies, including
policies for implementation of multicounty search and rescue activities, for
the county that comply with the relevant provisions of the National Incident
Management System Incident Command System established by Homeland Security
Presidential Directive 5 of February 28, 2003, and shall describe procedures
for implementing those policies. A county search and rescue plan shall list and
describe materials, mutual aid agreements, equipment and personnel available
within the county for search and rescue incidents. The plan shall also include:
(a)
A detailed description of activities and circumstances that constitute search
and rescue in the county.
(b)
Identification of volunteer organizations available to the county for use for
search and rescue.
(c)
Procedures for contacting and requesting assistance from volunteer
organizations during search and rescue activities.
(d)
Procedures for contacting and requesting available assistance from other
agencies and groups.
(e)
Minimum standards for individuals whose technical or professional skills may be
required for search and rescue.
(2)
A county search and rescue plan adopted under this section shall require a
person in charge of a search and rescue to complete a fact sheet for the
incident. The fact sheet shall contain the incident number assigned under ORS
404.130 for search and rescue and such other information required under the
search and rescue plan of the county.
(3)
The sheriff of each county shall review and, if necessary or desirable, revise
the search and rescue plan annually. After the initial adoption of a search and
rescue plan under this section and after each annual review or revision of the
plan, the sheriff shall submit the plan to the Search and Rescue Coordinator
appointed under ORS 404.100.
(4)
The Office of Emergency Management, after consultation with the Oregon State
Sheriffs’ Association, may establish guidelines for county search and rescue
plans.
(5)
The Office of Emergency Management shall annually publish and distribute to the
sheriff of each county a search and rescue resource inventory, which shall
include materials, equipment and personnel available from counties, agencies
and the State of Oregon for use in search and rescue incidents. [Formerly
401.573]
404.125 Critique of search and rescue incident;
filing amended search and rescue plan with Office of Emergency Management.
(1) After a search and rescue, the sheriff of the county in which the search
and rescue took place shall conduct a critique 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 report
and may receive testimony and information from persons involved in the
incident.
(3)
When a critique of a search and rescue is conducted under this section, the
sheriff shall prepare findings of fact concerning the search and rescue,
including the investigatory component, and may prepare recommendations for the
conduct of future incidents or propose amendments to the search and rescue plan
under which the search and rescue was conducted.
(4)
If amendments to the search and rescue plan are proposed and adopted, the
sheriff shall file the amended search and rescue plan with the Office of
Emergency 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 rescue
critiques performed by a sheriff under this section. [Formerly 401.576]
404.130 Search and rescue incident number.
(1) An incident number shall be assigned 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 participating
in search and rescue activities; and
(b)
The dispatch and request for state, federal and cooperative assistance
resources. [Formerly 401.580]
404.135 Investigative subpoena.
(1) If a peace officer has probable cause to believe that an individual is
missing and in danger, the officer may request that the Attorney General, a
district attorney, a city or county attorney or a circuit court judge execute
in writing and cause to be served an investigative subpoena upon an individual
who is believed, by the Attorney General, the district attorney, the city or
county attorney or circuit court judge, to have information, documents or
physical evidence that may be useful in locating the missing person.
(2)
The investigative subpoena requires the person, under oath or otherwise, to
appear and testify, to answer written interrogatories or to produce documents
or physical evidence for examination, at a reasonable time and place as may be
stated in the subpoena, to further the investigation into the whereabouts of
the missing individual.
(3)
Information, documents or physical evidence obtained pursuant to this section
may not be used for criminal investigation or prosecution.
(4)
This section does not alter the status of information, documents or physical
evidence disclosed. Notwithstanding disclosure for the purpose of locating a
missing individual, confidential information, documents or physical evidence
retain their confidential status. [Formerly 401.582]
QUALIFIED SEARCH AND RESCUE VOLUNTEERS
(Definitions)
404.200 Definitions 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 rescue
activities;
(b)
Registered with a sheriff to conduct search and rescue activities;
(c)
A member of a designated search and rescue organization that is registered with
a sheriff or the Office of Emergency Management; or
(d)
Acknowledged in writing as a qualified search and rescue volunteer by the
Office of Emergency Management, or by a sheriff or the designee of a sheriff,
at the scene of a search or rescue.
(2)
“Search and rescue activities” means:
(a)
Searching for, rescuing or recovering any person who is missing, injured or
deceased; and
(b)
Training to perform the activities described in paragraph (a) of this
subsection that is either conducted or approved by a public body. [2009 c.718 §11;
2011 c.403 §1]
(Qualification)
404.205 Application.
ORS 404.200 to 404.215 apply only to a qualified search and rescue volunteer
who is performing search and rescue activities without compensation other than
reimbursement for food, lodging, costs of transportation and other expenses. [2009
c.718 §12]
(Indemnification)
404.210 Coverage under Oregon Tort Claims
Act. A qualified search and rescue volunteer
is an agent of a county 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 and that occur while the volunteer is performing search and
rescue activities under the direction of the sheriff of the county or the
designee of the sheriff, and the county shall defend, save harmless and
indemnify the volunteer for any tort claim arising out of an alleged act or
omission occurring in the performance of those activities as required by ORS
30.285. [2009 c.718 §13]
(Workers’ Compensation Benefits)
404.215 Workers’ compensation coverage.
(1) A county is conclusively deemed to have filed an election under ORS 656.031
to provide workers’ compensation coverage for qualified search and rescue
volunteers who:
(a)
Perform search and rescue activities under the direction of the sheriff of the
county or the designee of the sheriff; or
(b)
Are sent by the sheriff of the county or the designee of the sheriff to perform
search and rescue activities under the direction of the sheriff of another
county or the designee of the sheriff of the other county.
(2)
When a qualified search and rescue volunteer offers to perform search and
rescue activities in a county in which the volunteer is not registered and the
volunteer was not sent to the county by the sheriff, or the designee of the
sheriff, of a county in which the volunteer is registered, the county in which
the volunteer performs search and rescue activities is conclusively deemed to
have filed an election under ORS 656.031 to provide workers’ compensation
coverage for the volunteer if the sheriff or the designee of the sheriff
acknowledges the volunteer’s qualifications at the scene.
(3)
An insurer or self-insured employer may fix assumed wage rates for qualified
search and rescue volunteers, which may be used only for purposes of
computations under ORS chapter 656, and shall require the regular payment of
premiums or assessments based on the hours of service by qualified search and
rescue volunteers. A self-insured employer shall submit the assumed wage rates
to the Director of the Department of Consumer and Business Services. If the
director finds that the rates are unreasonable, the director may fix
appropriate rates to be used for purposes of this section.
(4)
A county that is a self-insured employer under ORS chapter 656 may apply to an
insurer for workers’ compensation coverage for qualified search and rescue
volunteers only, while continuing to self-insure the other subject workers of
the county. If an insurer decides not to provide workers’ compensation coverage
for qualified search and rescue volunteers of the county, coverage shall be
provided through the assigned risk pool.
(5)
Qualified search and rescue volunteers and their beneficiaries are not eligible
for workers’ compensation benefits under this section if the volunteer is
performing search and rescue activities during an emergency and is provided
with workers’ compensation coverage under ORS 401.368. [2009 c.718 §14; 2011
c.403 §2]
(Leave of Absence)
404.250 Leave of absence from employment
for search and rescue volunteer. (1) As used
in this section:
(a)
“Employee” means an individual, other than a copartner of the employer or an
independent contractor, who renders personal services in this state to an
employer that pays or agrees to pay wages or other compensation to the
individual 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, public
corporation or entity and any of their instrumentalities organized and existing
under law or charter, but does not include the federal government.
(2)
Upon request of an employee who is a search and rescue volunteer accepted to
participate in search and rescue activities by the sheriff, an employer may
grant a leave of absence to the employee until release from the search and
rescue activities permits the employee to resume the duties of employment.
(3)
The regular employment position of an employee on leave of absence under this
section is considered vacant only for the period of the leave of absence. The
employee is not subject to removal or discharge from the position as a
consequence of the leave of absence.
(4)
Upon the termination of a leave of absence under this section, the employer
shall restore the employee to the employee’s position or an equivalent position
without loss of seniority, vacation credits, sick leave credits, service
credits under a pension plan or any other employee benefit or right that had
been earned at the time of the leave of absence.
(5)
An employer is not required to pay wages or other monetary compensation to an
employee during a leave of absence under this section. [Formerly 401.584]
REIMBURSEMENT BY BENEFITED PERSONS
404.270 Reimbursement of public body for
search and rescue by benefited persons; amount; exceptions.
(1) A public body that has authority to conduct search and rescue activities
may collect an amount specified in this section as reimbursement for the cost
of search and rescue activities when the public body conducts search and rescue
activities for the benefit of hikers, climbers, hunters and other users of
wilderness areas or unpopulated forested or mountainous recreational areas in
this state.
(2)
The public body may collect moneys as authorized by this section from each
person for whose benefit search and rescue activities are conducted. The public
body may not collect more than $500 from an individual under this section and
may not collect more than the actual cost of the search and rescue activities
from 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 the
search 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 may
appeal the charge or the amount of the fee to the public body that charged the
fee.
(5)
For the purposes of subsection (3) of this section, evidence of reasonable care
includes:
(a)
The individuals possessed experience and used equipment that was appropriate
for the known conditions of weather and terrain.
(b)
The individuals used or attempted to use locating devices or cellular telephones
when appropriate.
(c)
The individuals notified responsible persons or organizations of the expected
time of departure and the expected time of return and the planned location or
route of activity.
(d)
The individuals had maps and orienteering equipment and used trails or other
routes that were appropriate for the conditions.
(6)
As used in this section, “public body” has the meaning given that term in ORS
174.109. [Formerly 401.590]
EQUIPMENT AND SIGNALING DEVICES
404.300 Definitions for ORS 404.300 to
404.315. As used in ORS 404.300 to 404.315:
(1)
“Electronic signaling device” includes, but is not limited to, a system
consisting of an instrument which emits a radio signal, designed to be carried
on the person, an instrument for locating the source of such signal, designed
to be utilized by searchers and such instruments as may be employed for testing
and maintaining the same.
(2)
“Inherent risks of wilderness travel and mountain climbing” includes, but is
not limited to, those dangers or conditions, the risk of which is an integral
part of these activities, such as becoming lost, incapacitated or for some
other reason being unable to return safely without outside assistance. “Inherent
risks” include the activities associated with search and rescue, due to the
unpredictable circumstances under which search and rescue operations are
conducted.
(3)
“Wilderness travel” includes, but is not limited to, travel in areas not served
by roads suitable for ordinary motor vehicles, whether or not such areas have
been officially designated as wilderness areas. [Formerly 401.605]
404.305 Assumption of risk of wilderness
travel or mountain climbing; use and effect of electronic signaling devices.
(1) In accordance with ORS 31.600 and notwithstanding ORS 31.620 (2), an
individual who engages in wilderness travel or mountain climbing accepts and
assumes the inherent risks of wilderness travel or mountain climbing.
(2)
The Legislative Assembly recognizes that the use of electronic signaling
devices can aid in locating wilderness travelers or mountain climbers who
require search and rescue, but that the use of such devices may be required in
unpredictable circumstances which may not result in successful function of such
devices. [Formerly 401.615]
404.310 Required equipment when guiding
children above timberline. A person who guides for
compensation an organized group that includes children under 18 years of age on
any mountain above the timberline must carry an altimeter, a contour map of the
area and a compass. [Formerly 401.625]
404.315 Exemption from liability for
electronic signaling device; exceptions. A person may
not maintain an action against the manufacturer, distributor or supplier of an
electronic signaling device for any loss or damage incurred during wilderness
travel or mountain climbing, based on a claim that the device failed to
function successfully unless the person shows that the failure resulted from:
(1)
Willful or wanton misconduct of the defendant; or
(2)
The defendant’s distributing or supplying the device having actual knowledge
that the device is unsuitable for the purpose. [Formerly 401.627]
404.325 Posting of emergency contact
telephone number. (1) As used in this section:
(a)
“Electronic signaling device” includes, but is not limited to:
(A)
Electronic signaling devices, as defined in ORS 404.300;
(B)
Emergency locator transmitters;
(C)
Emergency Position Indicator Radio Beacon devices; and
(D)
Wilderness personal locator beacons.
(b)(A)
“Facility” includes:
(i)
Commercial and industrial facilities;
(ii)
Aircraft hangars, whether used for private, commercial or industrial purposes;
and
(iii)
Other facilities in which electronic signaling devices or equipment containing
electronic signaling devices are sold, rented, serviced or repaired.
(B)
“Facility” does not include a dwelling used only as a private residence.
(c)
“Public safety answering point” has the meaning given that term in ORS 403.105.
(d)
“9-1-1 service area” has the meaning given that term in ORS 403.105.
(2)
The owner or operator of a facility in which an electronic signaling device is
located shall conspicuously post an emergency contact telephone number of an
individual who is able to assist emergency response personnel with locating and
silencing the device.
(3)
Subsection (2) of this section does not apply to the owner or operator of a
facility for which the owner or operator has provided a contact number to the
public safety answering point that is responsible for the 9-1-1 service area in
which the facility is located. [2009 c.102 §1]
COMPANION ANIMALS
404.350 Rescue of companion animal.
(1) A person engaged in search and rescue operations may make every practicable
attempt under the circumstances to rescue a companion animal.
(2)
This section does not impose liability on or expand liability of a person
engaged in search and rescue operations. [Formerly 401.273]
CHAPTER 405
[Reserved for
expansion]
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