AN ACT Relating to limiting industrial insurance benefits for injuries or diseases caused by use of intoxicating liquor or drugs; adding a new section to chapter 51.32 RCW; and creating new sections.

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

NEW SECTION.  Sec. 1.  A new section is added to chapter 51.32 RCW to read as follows:

(1) No benefits, other than medical benefits, are payable to or on behalf of a worker or to his or her spouse, child, or dependent if the worker's being under the influence of or affected by intoxicating liquor or any drug was the primary cause of the worker's injury or death unless:

(a) The employer permitted or had knowledge of the worker's use of intoxicating liquor or any drug; or

(b) The drug was prescribed for the worker by a health care practitioner authorized under chapter 69.41 RCW, and the worker used the drug in accordance with the directions for use.

(2) A qualifying chemical test is required to prove that the worker was under the influence of or affected by intoxicating liquor or any drug at the time of injury. The employer must bear the cost of any testing requested by the employer.

(3) A rebuttable presumption that the worker was under the influence of or affected by intoxicating liquor or any drug and that the intoxication was the primary cause of the worker's injury or death is established if:

(a) The worker refused to submit to a qualifying chemical test; or

(b) The worker had an alcohol concentration of 0.08 or higher or a THC concentration of 5.00 or higher, as determined by a qualifying chemical test.

(4) This section does not affect the rights of an employer to prohibit the use of intoxicating liquor or drugs or to test workers for intoxicating liquor or drug use to the extent permissible by law.

(5) For purposes of this section:

(a) "Drug" means those substances regulated by chapters 69.41, 69.50, and 69.51A RCW.

(b) "Qualifying chemical test" means a test performed according to methods approved by, and by an individual possessing a valid permit issued by, the state toxicologist under RCW 46.61.506, or performed under standards established by a nationally recognized organization.

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