5470-S.E AMS HOCH GORR 003

ESSB 5470 - S AMD - 073

    By Senator Hochstatter

                         NOT ADOPTED 2/10/00; ROLL CALL VOTE 21-22

    Strike everything after the enacting clause and insert the following:

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

    (2) The legislature further recognizes that the department, 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 work-relatedness 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) are related 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 the current process for handling chemically related illness claims at the department of labor and industries and the disposition of these claims;

    (5) The medical diagnosis made by physicians for a random sample of such claims filed with the department and an analysis of the scientific adequacy of the tests and examinations used in the diagnosis;

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

    (7) The most appropriate approach to better utilize SHARP and University of Washington programs funded by the department 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 in section 2 of this act.  The committee shall report back to the legislature on an interim basis in December 2000, and with a final report in June, 2001.  The final report shall make recommendations which are a consensus of the committee.

NEW SECTION. Sec. 4. (1) The department may contract with one or more occupational medicine, industrial hygiene, toxicology, epidemiology, or other appropriate nationally recognized experts to conduct the study.

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

ESSB 5470 - S AMD - 073

    By Senator Hochstatter

    On page 1, on line 1 of the title, strike everything after  "injuries;" and insert "creating new sections; and making an appropriation."

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