SENATE BILL REPORT

                   SB 5667

                    As of February 17, 1995

Title:  An act relating to disqualification from industrial insurance compensation for worker's intoxication or controlled substance use.

Brief Description:  Disqualifying from industrial insurance compensation workers that were intoxicated or using a controlled substance.

Sponsors:  Senators A. Anderson, Wood, Owen, Newhouse, Palmer, Hargrove, Deccio and Schow.

Brief History:

Committee Activity:  Labor, Commerce & Trade:  2/21/95.

SENATE COMMITTEE ON LABOR, COMMERCE & TRADE

Staff:  Max Williams (786-7439)

Background:  A worker who deliberately causes injury or death at work, or is injured while engaging in or attempting to commit a felony, is denied industrial insurance benefits for that injury.  There are no statutory provisions denying benefits to workers injured while under the influence of alcohol or drugs.

Summary of Bill: Any worker injured during the course of employment, and found to be under the influence of alcohol or other controlled substance at the time of injury, is denied industrial insurance benefits.  It is presumed that the effect of the intoxicant caused the injury.

At any time following the injury, any employee involved in the incident must submit to drug testing to determine if the employee was under the influence of alcohol or any controlled substance at the time of injury.

Appropriation:  None.

Fiscal Note:  Requested on February 15, 1995.

Effective Date:  Ninety days after adjournment of session in which bill is passed.