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Assignment to Duty and Member Protection
Fri, 10 Jan 25
As an Auxiliarist, you have protections from liability, injury and even death, PROVIDED YOU ARE ACTING AS A FEDERAL EMPLOYEE. To see all that is provided and required, please refer to the Auxiliary Manual, in particular Chapter 5, Regulations and Policies, especially sections J and K. However, here are some highlights.
J.1. Injury or Death: An Auxiliarist who is physically injured or dies while performing assigned duties may be entitled to statutory prescribed medical treatment and/or death or disability compensation.
J,2. Third Party Claims: The Auxiliarist may be exonerated from liability to injured parties or damage to property, but this action depends on facts and circumstances surrounding the Auxiliarist's involvement in the incident.
As an Auxiliarist, how do you obtain these protections?
J.3 Determining Assignment to Duty: The protections discussed above are contingent upon a favorable determination that the Auxiliarist was acting within the scope of employment as a Federal employee. The Auxiliarist's assignment to duty is a requirement before any statutory protections are available. If the Auxiliarist is not assigned to duty, then the Auxiliarist cannot be characterized as a Federal employee and therefore cannot be acting within the scope of employment.
To have the best possible chance of a favorable determination, the Auxiliarist should be prepared to document assignment to duty. The strongest possible evidence is that which demonstrated assignment to duty made prior to the incident in question.
As an Auxiliarist, how are you assigned to duty? If an OIA from the Coast Guard or Auxiliary assigns you to duty, it should be in writing. If urgency requires an oral order, ask for an email sent to you confirming the assignment. Within the flotilla, when in doubt, ask for written assignment to duty from the FC, VFC, or FSO of the area to which you are assigned. KEEP THE DOCUMENTATION AS ECIDENCE.
However, there is some good news to simplify life.
J.6 Implicit Assignment to Duty: Auxiliarists must therefore be considered implicitly assigned to duty when they perform many authorized activities for which they may claim Auxiliary activity hours without Coast Guard orders. Such activities include, but are not limited to:- Attending Auxiliary Meetings
- Performing training ashore
- Performing administrative functions at home of in a residence
- Performing Vessel Safety Checks (VSC)
- Teaching an Auxiliary boating safety class
- Manning a public affairs booth at a boat show
- Meeting with other agency counterparts to coordinate boating safety efforts.
I can think of many other activities which I would consider as implicit assignment to duty (e.g., Program Visitations). HOWEVER, WHEN IN DOUBT, SEEK ASSIGNMENT TO DUTY FROM AN OFFICER (FC, VFC, or FSO for the area of assignment).
April 26: Vessel Safety Check
Josephine County Sheriff's Office
1901 NE F Street
Grants Pass
10am to 2 pm