S-2150               _______________________________________________

                                                   SENATE BILL NO. 6041

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Talmadge and Newhouse

Read first time 3/3/87 and referred to Committee on Commerce & Labor.

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 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) For the purposes of this section, "contractor" means any person engaged in the construction, alteration, or repair of any improvement upon real property.