S-2389               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6041

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Talmadge and Newhouse)

Read first time 3/6/87.

AN ACT Relating to industrial insurance; and adding a new section to chapter 51.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 51.24 RCW to read as follows:

          (1) Notwithstanding RCW 51.24.030(1), the injured worker or beneficiary may not seek damages against a contractor who is a third person unless (a) the contractor exercised, or had the right to exercise, control over the portion of the premises on which the worker was injured, or (b) the contractor has breached specific contractual provisions with respect to job safety affecting the injured worker, assumed in a mutually negotiated contract with the injured worker's employer, or (c) the nature of the work is inherently dangerous, irrespective of the exercise of reasonable care, and the contractor knew or had reason to know of the inherent hazards of the work.

          (2) Nothing in this section may be construed to allow a contractor to enter into any agreement, covenant, or understanding which purports to relieve a contractor of liability for injuries occurring in common work areas by transferring such responsibility to a subcontractor.  Any such agreement, covenant, or understanding is against public policy and is void and unenforceable.

          (3) For the purposes of this section, "contractor" means any person engaged in the construction, alteration, or repair of any improvement upon real property who is registered under chapter 18.27 RCW.