Alternate Work Program
Community Service Workers and Alternate Work Program
Current law provides that Community Service (CS) and Alternate Work Program (AWP) workers are considered employees, not volunteers, for the purpose of workers’ compensation. Because these workers are deemed to be employees of both the county supplying them and the fair using them (general/special employment), one or the other must provide these workers with full workers’ compensation benefits.
CFSA strongly recommends that whenever possible, fairs have the county carry the workers’ compensation coverage when using alternative work, community service or work release program labor, not your fair. This is one of many ways you can keep your workers’ compensation annual fees down.
CFSA is happy to cover these individuals if this isn’t an option, however, our claims history shows that a number of fairs have had several claims filed under these programs and as a result the fairs have experienced higher fee modification ratios.
Before any work on your fairgrounds begins, there must be a written agreement between the county and your fair setting forth all terms and conditions for the use of the workers, including workers’ compensation responsibilities.
Take a look:
Sample AWP and CS Agreement Forms
Two sample agreement forms drafted by California Fair Services Authority’s (CFSA’s) legal counsel were created specifically for fairs using CS and/or AWP workers. You’ll find sample agreements online and in your fair’s Red Book (Claims and Loss Reporting Guide), under Workers’ Compensation, Tab 10.
When the county is providing the Workers’ Compensation coverage, use Form #1. If your fair is providing the coverage, please use Form #2. Note: When using Form #2, it’s the fair’s responsibility to report the hours worked by such workers to CFSA on an annual basis for fee assessment purposes.
If you need help modifying the sample forms for your fair, contact CFSA’s workers’ compensation administrator.
Workers’ Compensation for Fair Volunteers
Under normal circumstances, volunteers aren’t considered to be fair employees and are excluded from workers’ compensation coverage. To provide them with coverage, all you need is a current board resolution on file that authorizes us to cover them. This is why we ask each year for the total number of hours volunteers put in at your fair, including directors. Yes, it can increase your annual workers’ compensation fee, but it’s also a great way to “thank” volunteers for their service.
As defined in the Labor Code, “voluntary service without pay” includes services performed by any person who receives no remuneration other than meals, transportation, lodging or incidental expenses. It is the fair’s responsibility to report the hours worked by volunteers to CFSA on an annual basis for fee assessment purposes.
Sample Board Resolution Covering Volunteers
To ensure workers’ compensation coverage for your volunteers, a resolution from your fair’s board of directors authorizing CFSA to provide the coverage must be on file at CFSA.
To make sure the coverage is provided on a continual basis, your board may authorize coverage for an indefinite period of time. Here’s a board motion you can use:
“A motion was made by Director ___________, seconded by Director __________ and carried that members of the Board of Directors of the ___________ Fair and any volunteers donating time for the fair will be covered by Workers’ Compensation insurance while performing their volunteer work.”
Date passed: ____________ Signed:________________
If you need help preparing a different resolution for your fair, please call (916) 921-2213.