S-1023.1  _______________________________________________

                         SENATE BILL 5709

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Anderson, Schow, Horn, Oke and West

Read first time 02/10/97.  Referred to Committee on Commerce & Labor.

Disqualifying from industrial insurance compensation workers who 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 1995 c 160 s 2 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, or results from the worker's intoxication from alcohol or from 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 his or her blood as that set forth in RCW 46.61.502, or if the worker tests positive for a controlled substance, it shall be conclusively presumed that the injury resulted from the intoxication from alcohol or from use of the controlled substance.

    If injury or death results to a worker from the deliberate intention of a beneficiary of that worker to produce the injury or death, or if injury or death results to a worker as a consequence of a beneficiary of that worker engaging in the attempt to commit, or the commission of, a felony, the beneficiary shall not receive any payment under this title.

    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 in the course of employment, if requested by the employer, a worker involved in the injury shall submit to a physical examination that may include the taking of blood or urine samples, or both, which samples shall be analyzed in a facility certified by the state of Washington to conduct such analyses, to determine whether the worker, at the time of injury, was intoxicated from alcohol or under the influence of any controlled substance as defined in the uniform controlled substances act, chapter 69.50 RCW.  If a worker fails or refuses to submit to such physical examination, or fails or refuses to provide blood or urine samples as requested by the employer, it shall be conclusively presumed that the injury resulted from intoxication from alcohol or by use of a controlled substance as defined in the uniform controlled substances act, chapter 69.50 RCW.

Nothing in this section precludes the payment of benefits if a worker, at the time of injury, was under the influence of a controlled substance taken in accordance with a prescription issued by a licensed and practicing physician and surgeon in the state of Washington.

                            --- END ---