S-1042.1  _______________________________________________

                         SENATE BILL 5667

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

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

Read first time 01/31/95.  Referred to Committee on Labor, Commerce & Trade.

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

    AN ACT Relating to disqualification from industrial insurance compensation for worker's intoxication or controlled substance use; and amending RCW 51.32.020.

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

    Sec. 1.  RCW 51.32.020 and 1977 ex.s. c 350 s 39 are each amended to read as follows:

    If injury or death results to a worker from the deliberate intention of the worker himself or herself to produce such injury or death, from the worker's intoxication or use of a controlled substance defined in the Uniform Controlled Substances Act, chapter 69.50 RCW, or while the worker is engaged in the attempt to commit, or the commission of, a felony, neither the worker nor the widow, widower, child, or dependent of the worker shall receive any payment under this title.  If the worker has the same or greater weight of alcohol in the blood than that set forth in RCW 46.61.502 or if the worker had positive confirmation of a controlled substance, it must be presumed that the injury was caused by the intoxication of alcohol or by the influence of the controlled substance.

    An invalid child, while being supported and cared for in a state institution, shall not receive compensation under this chapter.

    No payment shall be made to or for a natural child of a deceased worker and, at the same time, as the stepchild of a deceased worker.

At any time following an injury occurring during the course of employment, if requested by the employer, an employee involved in the injury shall submit to a physical examination that may include the taking of blood or urine samples, or both, to determine whether the employee, at the time of the injury, was under the influence of alcohol or any controlled substance as defined in the Uniform Controlled Substances Act, chapter 69.50 RCW.

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