HOUSE BILL REPORT
SHB 2885
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed Legislature
Title: An act relating to industrial insurance for geoduck harvesters.
Brief Description: Modifying industrial insurance coverage for geoduck harvesters.
Sponsors: By House Committee on Commerce & Labor (originally sponsored by Representatives Williams, Conway, Newhouse, Sells, Chandler, Condotta and Moeller).
Brief History:
Commerce & Labor: 2/1/08, 2/4/08 [DPS].
Floor Activity:
Passed House: 2/14/08, 93-0.
Passed Senate: 3/7/08, 49-0.
Passed Legislature.
Brief Summary of Substitute Bill |
|
HOUSE COMMITTEE ON COMMERCE & LABOR
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 8 members: Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Crouse, Green, Moeller and Williams.
Staff: Alison Hellberg (786-7152).
Background:
The Longshore and Harbor Workers' Compensation Act, administered by the U.S.
Department of Labor, provides medical benefits, compensation for lost wages, and
rehabilitation services to longshoremen, harbor workers, and other maritime workers who are
injured during the course of employment or suffer from diseases caused or worsened by
conditions of employment. Under the U.S. Longshore and Harbor Workers' Compensation
Act, businesses whose employees are employed in maritime employment on or near the
navigable waters of the United States are required to purchase longshore and harbor workers'
compensation insurance.
There are exclusions to coverage under the Longshore and Harbor Workers' Compensation
Act. The exclusions apply if the workers are covered by a state workers' compensation law.
An exclusion for aquaculture workers is included.
The federal Jones Act also provides a remedy to seamen for injuries arising out of
employment. Under the Jones Act, an injured seaman may obtain damages from his or her
employer for the negligence of the vessel's owner, the captain, or other crew members.
The state Industrial Insurance Act does not apply to employers and workers for whom a right
or obligation exists under the maritime laws.
Last year, legislation was enacted that applies the state Industrial Insurance Act to
commercial divers harvesting geoduck clams, workers tending to such divers, and the
employers of such divers and tenders. The state Industrial Insurance Act applies whether or
not the work is performed from a vessel.
Summary of Substitute Bill:
Tenders of commercial divers harvesting geoduck clams are removed from the provisions of
the state Industrial Insurance Act.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect on January 1, 2009.
Staff Summary of Public Testimony:
(In support) Workers in this area are covered by the Jones Act, the Longshore and Harbor
Workers' Compensation Act, and the state Industrial Insurance laws. This area of the law is
complicated and esoteric and the conflicts are litigious. A mistake was made in last year's
bill. Tenders are already covered by the Jones Act, so harvesters of geoducks have been
paying double for their premiums. This bill fixes that problem.
(Neutral) The agency requests one amendment to change the effective date to January 1,
2009, for administrative purposes.
(Opposed) None.
Persons Testifying: (In support) Gordon Baxter, Washington Harvesters Association.
(Neutral) Mike Ratko, Department of Labor and Industries.