{"hazardous material personnel":"includes regional hazardous material organizations, harzardous material transporter\/manufacturer\/supplier\/user, certified hazardous material response team, or industrial hazardous material response team"}
Emergency Law Inventory | Full Law Text

Law Number

35 P.S. 6022.301

Summary Title

Liability: Hazardous Material Response

Summary

An agency, hazardous material personnel, state or local official or employee, law enforcement officer, ambulance service or rescue squad member, or other emergency response personnel engaged in emergency service or response activity involving hazardous material will not be held legally responsible for acting or failing to act. They can be held legally responsible if acting with extreme carelessness or intent to cause harm.

Full Title

Immunity from civil liability

Full Text

(a) GENERAL.— No Commonwealth agency, local agency, regional hazardous material organization, volunteer emergency service organization or hazardous material transporter, manufacturer, supplier or user that organized the certified hazardous material response team nor their elected officers, officials, directors and employees, and no certified hazardous material response team member, member of an industrial hazardous material response team, law enforcement officer, ambulance service or rescue squad member, firefighter or other emergency response or public works personnel engaged in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site shall be liable for the death of or any injury to persons or loss or damage to property or the environment resulting from a response to a hazardous material release, except for any acts or omissions which constitute gross negligence or willful misconduct. Nothing in this section shall exempt any hazardous material transporter, manufacturer, supplier or user from liability for the death of or any injury to persons or loss or damage to property or the environment resulting from the release of any hazardous material. (b) COUNCIL, LOCAL COMMITTEES AND MENTORING COUNCIL.— No member of the council, a local committee or a mentoring council shall be liable for the death of or any injury to persons or loss or damage to property or the environment or any civil damages resulting from any act or omission arising out of the performance of the functions, duties and responsibilities of the council, local committee or mentoring council, except for acts or omissions which constitute willful misconduct. (c) OTHER.— No employee, representative or agent of a Commonwealth agency or local agency engaged in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site shall be liable for the death of or any injury to persons or loss or damage to property resulting from that hazardous material release, except for any acts or omissions which constitute willful misconduct.