AN ACT Relating to
assaults to employees of the department of natural resources; and amending RCW
72.01.045 and 72.09.240.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 72.01.045 and 1990 c
153 s 1 are each amended to read as follows:
(1) For purposes of
this section only, "assault" means an unauthorized touching of an
employee by a resident, patient, or juvenile offender resulting in physical
injury to the employee.
(2) In recognition of
the hazardous nature of employment in state institutions, the legislature
hereby provides a supplementary program to reimburse employees of the
department of social and health services, the department of natural
resources, and the department of veterans affairs for some of their costs
attributable to their being the victims of assault by residents, patients, or
juvenile offenders. This program shall be limited to the reimbursement
provided in this section.
(3) An employee is only
entitled to receive the reimbursement provided in this section if the secretary
of social and health services, the commissioner of public lands, or the
director of the department of veterans affairs, or the secretary's,
commissioner's, or director's designee, finds that each of the following
has occurred:
(a) A resident or patient
has assaulted the employee and as a result thereof the employee has sustained
demonstrated physical injuries which have required the employee to miss days of
work;
(b) The assault cannot
be attributable to any extent to the employee's negligence, misconduct, or
failure to comply with any rules or conditions of employment; and
(c) The department of
labor and industries has approved the employee's workers' compensation
application pursuant to chapter 51.32 RCW.
(4) The reimbursement
authorized under this section shall be as follows:
(a) The employee's
accumulated sick leave days shall not be reduced for the workdays missed;
(b) For each workday
missed for which the employee is not eligible to receive compensation under
chapter 51.32 RCW, the employee shall receive full pay; and
(c) In respect to
workdays missed for which the employee will receive or has received
compensation under chapter 51.32 RCW, the employee shall be reimbursed in an
amount which, when added to that compensation, will result in the employee
receiving full pay for the workdays missed.
(5) Reimbursement under
this section may not last longer than three hundred sixty-five consecutive days
after the date of the injury.
(6) The employee shall
not be entitled to the reimbursement provided in subsection (4) of this section
for any workday for which the secretary, commissioner, director, or
applicable designee, finds that the employee has not diligently pursued his or
her compensation remedies under chapter 51.32 RCW.
(7) The reimbursement
shall only be made for absences which the secretary, commissioner,
director, or applicable designee believes are justified.
(8) While the employee
is receiving reimbursement under this section, he or she shall continue to be
classified as a state employee and the reimbursement amount shall be considered
as salary or wages.
(9) All reimbursement
payments required to be made to employees under this section shall be made by
the employing department. The payments shall be considered as a salary or wage
expense and shall be paid by the department in the same manner and from the
same appropriations as other salary and wage expenses of the department.
(10) Should the
legislature revoke the reimbursement authorized under this section or repeal
this section, no affected employee is entitled thereafter to receive the
reimbursement as a matter of contractual right.
Sec. 2. RCW 72.09.240 and 1988 c
149 s 1 are each amended to read as follows:
(1) In recognition of
prison overcrowding and the hazardous nature of employment in state
correctional institutions and offices, the legislature hereby provides a
supplementary program to reimburse employees of the department of corrections and
the department of natural resources for some of their costs attributable to
their being the victims of offender assaults. This program shall be limited to
the reimbursement provided in this section.
(2) An employee is only
entitled to receive the reimbursement provided in this section if the secretary
of corrections or the commissioner of public lands, or the secretary's or
commissioner's designee, finds that each of the following has occurred:
(a) An offender has
assaulted the employee while the employee is performing the employee's official
duties and as a result thereof the employee has sustained injuries which have
required the employee to miss days of work; and
(b) The assault cannot
be attributable to any extent to the employee's negligence, misconduct, or
failure to comply with any rules or conditions of employment.
(3) The reimbursement
authorized under this section shall be as follows:
(a) The employee's accumulated
sick leave days shall not be reduced for the workdays missed;
(b) For each workday
missed for which the employee is not eligible to receive compensation under
chapter 51.32 RCW, the employee shall receive full pay; and
(c) In respect to
workdays missed for which the employee will receive or has received
compensation under chapter 51.32 RCW, the employee shall be reimbursed in an
amount which, when added to that compensation, will result in the employee
receiving full pay for the workdays missed.
(4) Reimbursement under
this section may not last longer than three hundred sixty-five consecutive days
after the date of the injury.
(5) The employee shall
not be entitled to the reimbursement provided in subsection (3) of this section
for any workday for which the secretary or the commissioner of public lands,
or the secretary's or commissioner's designee, finds that the employee
has not diligently pursued his or her compensation remedies under chapter 51.32
RCW.
(6) The reimbursement
shall only be made for absences which the secretary or the commissioner of
public lands, or the secretary's or commissioner's designee,
believes are justified.
(7) While the employee
is receiving reimbursement under this section, he or she shall continue to be
classified as a state employee and the reimbursement amount shall be considered
as salary or wages.
(8) All reimbursement
payments required to be made to employees under this section shall be made by
the department of corrections or the department of natural resources.
The payments shall be considered as a salary or wage expense and shall be paid
by the department of corrections or the department of natural resources
in the same manner and from the same appropriations as other salary and wage
expenses of the department of corrections or the department of natural
resources.
(9) Should the
legislature revoke the reimbursement authorized under this section or repeal
this section, no affected employee is entitled thereafter to receive the
reimbursement as a matter of contractual right.
(10) For
the purposes of this section, "offender" means: (a) ((Inmate as
defined in RCW 72.09.020, (b))) Offender as defined in RCW
9.94A.030((,)); and (((c))) (b) any other person in
the custody of or subject to the jurisdiction of the department of corrections.
