Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
Commerce & Labor Committee | |
SB 6839
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.
Brief Description: Regarding workers' compensation coverage for work performed outside Washington.
Sponsors: Senators Marr and Kohl-Welles; by request of Department of Labor & Industries.
Brief Summary of Bill |
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Hearing Date: 2/21/08
Staff: Joan Elgee (786-7106).
Background:
A worker who suffers an industrial injury outside Washington is entitled to compensation under
the Industrial Insurance Act if the employment was principally localized in Washington and in
certain other cases. The Director of the Department of Labor and Industries (Department) may
enter agreements with other states and Canadian provinces regarding conflicts of jurisdiction
where the contract of employment is in one state and the injury occurs in another.
In some cases, employers pay premiums in both Washington and another state for the same work.
The Workers' Compensation Advisory Committee (Committee) is a statutory committee that
studies any aspects of workers' compensation that the Committee decides requires its
consideration.
Summary of Bill:
Washington employers who are not self-insured must cover Washington workers for temporary
and incidental work performed on jobs or at job sites in another state. For work in excess of
temporary and incidental, the Department may adopt rules governing premium liability and
reporting requirements.
"Temporary and incidental" is defined as work by Washington employers on jobs or at job sites
in another state for 30 or fewer consecutive or non-consecutive full or partial days within a
calendar year. Temporary and incidental days are considered on a per state basis.
The Department must report to the Committee on the effect of the new provisions on the revenue
and costs to the state fund by December 1, 2011.
Rules Authority: The bill does not address the rule-making powers of an agency.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.