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Community Service (CS) and Alternate Work Program
(AWP)
Sample CS and AWP Agreement Forms
Workers' Compensation for Fair Volunteers
Sample Board Resolution Covering Volunteers
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 purposes 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.
Before work commences, there should be a written agreement between
the county and the fair setting forth all terms and conditions for
the use of the workers, including who's responsible for providing
workers' compensation.
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 copies of the agreements in your
fair's Red Book (Claims and Loss Reporting Guide), under
Workers' Compensation, Tab 10.
CFSA strongly encourages fairs to use Form #1 requiring
the county to provide the workers' compensation coverage. If this
isn't an option, use Form #2 wherein the fair agrees to provide
the coverage. 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
Patti Nevin.
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Workers' Compensation for Fair Volunteers
Under normal circumstances, volunteers aren't considered to be fair
employees and are excluded from workers' compensation coverage.
Labor Code Section 3363.5, however, allows coverage of volunteers
after the governing body of a public agency adopts a resolution
deeming volunteers who perform voluntary service without pay to
be "employees" while performing such services for the fair. 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's 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 coverage, a resolution from your fair's Board of Directors
authorizing CFSA to provide workers' compensation coverage for volunteers
working at your fair must be on file at CFSA. To make sure coverage
is provided on a continual basis, your Board may authorize coverage
for an indefinite period of time. The following Board motion may
be used:
"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,
contact Patti Nevin.
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Alternate
Work