AN
ACT Relating to motorist assault upon department of transportation employees;
and adding a new section to chapter 47.04 RCW.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 47.04 RCW to read as follows:
(1)
For the purposes of this section only, "assault" means an act by a
motorist that results in physical injury to an employee of the department while
engaged in highway construction or maintenance activities along a roadway
right-of-way (fence line to fence line, landscaped areas) or in the loading and
unloading of passenger vehicles in service of the vessel as a maritime employee
not covered under chapter 51.32 RCW or engaged in those work activities as a
Washington State Ferries terminal employee covered under chapter 51.32 RCW.
(2)
In recognition of the nature of employment in departmental highway construction
or maintenance activities and by the Washington State Ferries, this section provides
a supplementary program to reimburse employees of the department for some of
their costs attributable to their being the victims of assault by motorists.
This program is limited to the reimbursement provided in this section.
(3)
An employee is entitled to receive the reimbursement provided in this section
only if the secretary finds that each of the following has occurred:
(a)
A motorist has assaulted the employee who is engaged in highway construction or
maintenance along a roadway right-of-way (fence line to fence line, landscaped
areas) or service of the vessel as a maritime employee or terminal employee
engaged in the loading or unloading of passenger vehicles and as a result the
employee has sustained demonstrated physical injuries that have required the
employee to miss one or more days of work;
(b)
The assault is not 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 under chapter 51.32 RCW, or for maritime employees the
department of transportation risk management office has approved maintenance
and cure benefits under 46 U.S.C. Sec. 688 et seq.
(4)
The reimbursement authorized under this section is as follows:
(a)
The employee's accumulated sick leave days will not be reduced for the workdays
missed. The injured worker who qualifies for and receives assault benefits
will also receive full standard benefits (vacation leave, sick leave, health
insurance, etc.) as if uninjured;
(b)
For an employee covered by chapter 51.32 RCW, for each workday missed for which
the employee is not eligible to receive compensation under chapter 51.32 RCW,
the employee will receive the full amount of the injured worker's net pay at
the time of injury; and
(c)
In respect to workdays missed for which the employee will receive or has
received compensation under chapter 51.32 RCW, or under federal maritime law
benefits, including the Jones Act, for an employee deemed a maritime employee
assigned to work in service of the vessel or a nonmaritime terminal employee
covered under chapter 51.32 RCW, the employee will be reimbursed in an amount
that, when added to that compensation, will result in the employee receiving no
more than full net pay (gross pay less mandatory and voluntary deductions) 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. No application for
assault benefits is valid nor may a claim be enforced unless it was made within
one year after the day upon which the injury occurred.
(6)
The employee is not entitled to the reimbursement provided in subsection (4) of
this section for a workday for which the secretary or an applicable designee
finds that the employee has not diligently pursued his or her compensation
remedies under chapter 51.32 RCW or federal maritime law, including the Jones
Act.
(7)
The reimbursement may be made only for absences that the secretary or an
applicable designee believes are justified.
(8)
While the employee is receiving reimbursement under this section, he or she
will continue to be classified as a state employee, and the reimbursement
amount is considered as salary or wages.
(9)
The department shall make all reimbursement payments required to be made to
employees under this section. The payments are considered as a salary or wage
expense and must be paid by the department in the same manner and from the same
appropriations as other salary and wage expenses for the department.
(10)
Nothing in this section precludes the department from recovering the
supplemental payments authorized by this section from the assaulting motorist,
and that recovery is considered exclusive of recovery under chapter 51.24 RCW.
(11) If the legislature revokes the reimbursement authorized under
this section or repeals this section, no affected employee is entitled after
that to receive the reimbursement as a matter of contractual right.
