BILL REQ. #:  S-4565.2 

READ FIRST TIME 02/09/04.   

     AN ACT Relating to required elements of cholinesterase monitoring programs for certain pesticide handlers; adding new sections to chapter 49.17 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 49.17 RCW to read as follows:
     (1) In implementing any rules adopted pursuant to RCW 49.17.050(4) that require agricultural employers to implement a monitoring program for employees who handle category I or II organophosphate or N-methyl-carbamate pesticides, the department must collect and analyze data to determine whether mandatory testing is warranted and, if so, what thresholds of exposure to pesticides should trigger mandatory testing. The department shall develop or contract the development of a data base to help in assessing the efficacy of the monitoring program. The data collected and entered into the data base must include, at a minimum: (a) The number of employees that are tested; (b) the number of baseline tests that are performed; (c) the number of periodic tests that are performed for each of the employees; (d) the number of investigations of employee work practices that are required; (e) the number of medical removals from pesticide handling and other work exposures to pesticides that are required; (f) the number of investigations of employee work practices required for which depressed cholinesterase levels are not positively correlated to pesticide handling or other workplace exposures; (g) the number of medical removals required for which depressed cholinesterase levels are not positively correlated to pesticide handling or other workplace exposures; and (h) for each employee with a substantially depressed cholinesterase level, the relationship between his or her depressed cholinesterase level and the number of hours he or she spent handling category I or II organophosphate or N-methyl-carbamate pesticides.
     (2) For each employee tested during 2004 and 2005, the department shall ensure that each cholinesterase test measurement is correlated with documented hours handling category I or II organophosphate or N-methyl-carbamate pesticides since the employee's last cholinesterase test. For each test that requires action by the employer, the department shall determine whether the depression was subsequently determined to be caused by factors that are unrelated to workplace exposure.
     (3) Upon receiving a report of a test showing actionable levels of cholinesterase depression, the department may contact the employer and offer assistance by means of a voluntary and nonpunitive consultation focused solely on pesticide workplace safety. Before conducting such consultation, the department will obtain a determination from the treating physician as to whether the physician has concluded that the depression is due to workplace exposure. The department shall notify the employer if the physician was unable to determine that the depression was due to workplace exposure.
     (4) By December 1st of each year, the department shall report the results of this data collection and analysis to the house of representatives committees on agriculture and natural resources, and commerce and labor, or their successor committees, and the senate committees on agriculture, and commerce and trade, or their successor committees. The department's report shall also identify any technical problems regarding testing or the administration of cholinesterase monitoring. Recommendations regarding legislation needed to resolve identified problems shall be presented in bill form.

NEW SECTION.  Sec. 2   A new section is added to chapter 49.17 RCW to read as follows:
     (1) Within the appropriations from the medical aid fund provided for administering this chapter, the department shall pay approved health care facilities and licensed health care professionals directly for all costs of services related to baseline and periodic cholinesterase tests and interpretations of such tests. These health care facilities and professionals include, but are not limited to, approved laboratories and clinics, and licensed physicians. These services include, but are not limited to, taking, shipping, and testing blood samples, interpreting blood tests, and counseling employees who handle category I or II organophosphate or N-methyl-carbamate pesticides.
     (2) Any rules adopted pursuant to RCW 49.17.050(4) that require agricultural employers to implement a monitoring program for employees who handle category I or II organophosphate or N-methyl-carbamate pesticides shall allow agricultural employers to seek reimbursement from the accident fund for the costs they incur in complying with such rules. These costs are the probable central compliance costs specified in the benefit-cost determination for such rules, which shall include the costs of training, paying wages and benefits to employees for time traveling to approved laboratories or clinics, and paying wages and benefits to employees receiving medical removal protection benefits due to depressed cholinesterase levels. Reimbursement rates for these costs shall be consistent with probable compliance costs specified in the benefit-cost determination for such rules. Requests for reimbursement for a calendar quarter must be submitted to the department no later than the day immediately following the last day of the first month following that calendar quarter. The department shall reimburse employers making timely requests for reimbursement. Payments of reimbursements for a calendar quarter must be made no later than the day immediately following the last day of the second month following that calendar quarter.

NEW SECTION.  Sec. 3   A new section is added to chapter 49.17 RCW to read as follows:
     Any rules adopted pursuant to RCW 49.17.050(4) that require agricultural employers to implement a monitoring program for employees who handle category I or II organophosphate or N-methyl-carbamate pesticides shall allow agricultural employers to seek reimbursement from the accident fund for the recordkeeping costs they incur in complying with such rules. With regard to recordkeeping reimbursement rates and the procedures, requirements, and deadlines for recordkeeping reimbursement requests and payments, the provisions of section 2(2) of this act apply.

NEW SECTION.  Sec. 4   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.