5470 AMS LWD PRIN 002

SB 5470 - S COMM AMD - 153

    By Senators Hochstatter, Stevens and Swecker

                                                    PULLED 3/12/99

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that chemically related claims continue to present unique challenges to the state industrial insurance system.  Many of these claims are difficult to diagnose and create real hardship for individuals who suffer from related heath problems.  At the same time, many of these claims are not work-related, but nonetheless result in extensive litigation which imposes great costs and hardship on employers.

    The legislature further recognizes that the  department of labor and industries, in order to accept a claim for a chemically related illness, or any other occupational disease, must meet a minimum standard of causality in the relationship between a putative exposure and a claimed illness.

NEW SECTION. Sec. 2.  A study shall be conducted to determine:

    (1) Which occupational diseases should be considered chemically related illnesses so that an accurate annual count of such illnesses may be reported;

    (2) The best method of reporting such diseases annually, including the most accurate set of available or obtainable data elements;

    (3) A review of relevant scientific literature regarding the criteria for determining causality or whether there is a relation to employment in occupational diseases.  This review shall at least include:

    (a) Methods generally accepted in the determination of whether an exposure or exposures are likely to be toxic and/or causative;

    (b) Methods generally accepted in the determination of the presence or absence of a definable clinical condition;

    (c) Methods generally accepted in determining the relationship between the exposure and the clinical condition;

    (d) How the methods enumerated in 3(a), 3(b), and 3(c) of this section relate to the current statutory, regulatory, case law, policy and claims administration criteria for determining causality in occupational diseases in Washington state.

    (4) A review of industries with the highest incident rates of chemically related illnesses and an examination of incident rates and outcomes in other states with similar industries;

    (5) The most appropriate approach to better utilize SHARP and University of Washington programs funded by the department of labor and industries to expand medical research and cooperative efforts in areas where existing research is not adequate.

NEW SECTION. Sec. 3. The Workers' Compensation Advisory Committee shall advise and provide oversight to the study described in section 3 of this act.  The committee shall report back to the legislature on an interim basis by December 31, 1999, and with a final report by June 30, 2000.  The final report shall make only recommendation which represent a consensus of the committee.

NEW SECTION. Sec. 4. (1) The department of labor and industries may contract with one or more experts in occupational medicine, industrial hygiene, toxicology, epidemiology, or any other appropriate

field to conduct this study.

    (2) The sum of $250,000 dollars shall be allocated from the Medical Aid Fund, with self-insured employers and the state fund each paying a proportionate share for the purposes of conducting the study."

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