GOHSEP Elected_Officials_Manual_2015

EMAC Legal Protections:
Tort Liability Protection
+ Workers Compensation
+ Reimbursement
EMAC establishes a firm legal foundation. Once the
conditions for providing assistance to a requesting State
have been set, the terms constitute a legally binding
contractual agreement that makes affected States
responsible for reimbursement. The EMAC legislation
solves the problems of liability and responsibilities of cost
and allows for credentials, licenses, and certifications
to be honored across State lines. Under EMAC, workers
compensation is an assisting State’s responsibility and
Tort liability and immunity protection is provided by the
requesting State under EMAC law.
NOTE: EMAC authorized representatives who deploy
across State lines without the form officially used to
request, offer and accept assistance between EMAC
member States — or prior verbal consent of both the
assisting State and requesting State – are considered selfdeployments
and the costs are not reimbursable
under EMAC.
If a member State plans for other personnel, such as
local political jurisdictional personnel, to be deployed,
it must have legislation (often referred to as intrastate
mutual aid) that cloaks such personnel as temporary legal
agents of their home State before these personnel may
provide assistance through EMAC. Relevant legislation for
Louisiana is located in LRS 29:733 Interstate Emergency
Preparedness and Disaster Compact of the Louisiana
Homeland Security and Emergency Assistance and
Disaster Act (Disaster Act).
Resources
STATE
The Louisiana Homeland Security and
Emergency Assistance and Disaster Act
(Disaster Act)
gohsep.la.gov/publications.aspx
other
EMAC
emacweb.org
Louisiana State Police officers were deployed to assist the state of New Jersey following Hurricane Sandy in response
to a direct request through EMAC.
4.3.3 EMAC Page 2 of 2
Publication Date: April 2, 2013