S-1900.1          _______________________________________________

                            SUBSTITUTE SENATE BILL 5669

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By Senate Committee on Labor, Commerce & Trade (originally sponsored by Senators Pelz, Newhouse, Hargrove, Prince, Deccio, A. Anderson, Prentice, Palmer, Bauer, C. Anderson and Winsley)

Read first time 02/24/95.

Defining "acting in the course of employment."

     AN ACT Relating to the definition of "acting in the course of employment" for industrial insurance; and amending RCW 51.08.013.

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

     Sec. 1.  RCW 51.08.013 and 1993 c 138 s 1 are each amended to read as follows:

(1) "Acting in the course of employment" means the worker acting at his or her employer's direction or in the furtherance of his or her employer's business which shall include time spent going to and from work on the jobsite, as defined in RCW 51.32.015 and 51.36.040, insofar as such time is immediate to the actual time that the worker is engaged in the work process in areas controlled by his or her employer, except parking area.  It is not necessary that at the time an injury is sustained by a worker he or she is doing the work on which his or her compensation is based or that the event is within the time limits on which industrial insurance or medical aid premiums or assessments are paid.

     ((The term)) (2) "Acting in the course of employment" does not include:

(a) Time spent going to or coming from the employer's place of business:  (((a))) (i) In commuter ride sharing, as defined in RCW 46.74.010(1), notwithstanding any participation by the employer in the ride-sharing arrangement; or (((b))) (ii) on a public transport system using a pass provided in whole or part by the employer; or

(b) An employee's participation in social activities, recreational or athletic activities, events or competitions, and parties or picnics, whether or not the employer pays some or all of the costs thereof, unless:  (i) The participation is during the employee's working hours, not including paid leave; (ii) the employee was paid monetary compensation by the employer to participate; or (iii) the employee was ordered or directed by the employer to participate or reasonably believed the employee was ordered or directed to participate.  This subsection (2)(b) does not include participation in physical training during working hours by employees who are fire fighters as defined in RCW 41.26.030(4) (a), (b), and (c) or law enforcement officers as defined in RCW 41.26.030(3) (a), (b) and (c).

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