S-3268.2  _______________________________________________

                         SENATE BILL 6350

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Senators Kline, Fairley, Heavey, Thibaudeau, Costa, Kohl‑Welles, McAuliffe and Goings

Read first time 01/14/2000.  Referred to Committee on Labor & Workforce Development.

Presuming the existence of an occupational disease.

    AN ACT Relating to occupational disease; adding new sections to chapter 51.28 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 51.28 RCW to read as follows:

    (1) An occupational disease claim is presumed to arise naturally and proximately out of employment and the employer has the burden of proving that an unsafe or unhealthy condition, practice, or other hazard at a workplace did not contribute to the claimed occupational disease if the following occur:

    (a) A worker notifies the employer of an unsafe or unhealthy condition, practice, or other hazard that might result in an occupational disease;

    (b) A worker files an occupational disease claim alleging that an occupational disease resulted from the unsafe or unhealthy condition, practice, or other hazard after it was reported to the employer and before the employer investigated and corrected the condition, practice, or other hazard; and

    (c) A physician has certified that the claimant has an occupational disease that, more likely than not, arose from the type of unsafe or unhealthy condition, practice, or other hazard reported to the employer.

    (2) If a worker notifies an employer of an unsafe or unhealthy condition, practice, or other hazard that might result in an occupational disease, the employer shall investigate and correct the condition, practice, or other hazard.  Failure to respond within a reasonable time to the notice subjects an employer to a penalty determined by the director, but not to exceed two thousand five hundred dollars for each offense.

NEW SECTION. Sec. 2.  A new section is added to chapter 51.28 RCW to read as follows:

    (1) The department shall adopt rules to implement section 1 of this act.

    (2) In making rules to determine a reasonable response time for purposes of section 1(2) of this act, the department shall consider:  (a) The potential for harm from the condition, practice, or other hazard; and (b) the ease of correcting the condition, practice, or other hazard.

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