HOUSE BILL 2031
State of Washington | 68th Legislature | 2024 Regular Session |
ByRepresentatives Abbarno, Berry, Rude, Reed, Graham, Timmons, Donaghy, Fosse, Doglio, Riccelli, and Reeves
Prefiled 12/22/23.Read first time 01/08/24.Referred to Committee on Labor & Workplace Standards.
AN ACT Relating to recognizing posttraumatic stress disorder as an occupational disease for county coroners, examiners, and investigative personnel; and amending RCW
51.08.142.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
51.08.142 and 2023 c 370 s 1 are each amended to read as follows:
(1) Except as provided in subsections (2) and (3) of this section, the department shall adopt a rule pursuant to chapter
34.05 RCW that claims based on mental conditions or mental disabilities caused by stress do not fall within the definition of occupational disease in RCW
51.08.140.
(2)(a) Except as provided in (b) and (c) of this subsection, the rule adopted under subsection (1) of this section shall not apply to occupational disease claims resulting from posttraumatic stress disorders of firefighters as defined in RCW
41.26.030(17) (a), (b), (c), and (h) and firefighters, including supervisors, employed on a full-time, fully compensated basis as a firefighter of a private sector employer's fire department that includes over ((
fifty))
50 such firefighters, ((
and)) law enforcement officers as defined in RCW
41.26.030(19) (b), (c), and (e), ((
and)) public safety telecommunicators who receive calls for assistance and dispatch emergency services
, and county coroners and medical examiner personnel.
(b) For firefighters as defined in RCW
41.26.030(17) (a), (b), (c), and (h) and firefighters, including supervisors, employed on a full-time, fully compensated basis as a firefighter of a private sector employer's fire department that includes over ((
fifty))
50 such firefighters, ((
and)) law enforcement officers as defined in RCW
41.26.030(19) (b), (c), and (e) hired after June 7, 2018, ((
and)) public safety telecommunicators hired after June 11, 2020,
and county coroners and medical examiner personnel hired after January 1, 2025, (a) of this subsection only applies if the firefighter ((
or))
, law enforcement officer
,((
or)) public safety telecommunicators
, or county coroner or medical examiner personnel, as a condition of employment, has submitted to a psychological examination administered by a psychiatrist licensed in the state of Washington under chapter
18.71 RCW or a psychologist licensed in the state of Washington under chapter
18.83 RCW that ruled out the presence of posttraumatic stress disorder from preemployment exposures. If the employer does not provide the psychological examination, (a) of this subsection applies.
(c) Posttraumatic stress disorder for purposes of this subsection((s (2))) and subsection (3) of this section is not considered an occupational disease if the disorder is directly attributed to disciplinary action, work evaluation, job transfer, layoff, demotion, termination, or similar action taken in good faith by an employer.
(d) "Public safety telecommunicators" means individuals who receive and respond to telephone or other electronic requests for emergency assistance, such as law enforcement, fire, and medical services, and dispatch appropriate emergency responders.
(e) "County coroner and medical examiner personnel" means individuals who respond to, investigate, handle evidence, or conduct autopsies for cases under the jurisdiction of a county coroner or medical examiner.
(3)(a) Except as provided in this subsection, the rule adopted under subsection (1) of this section shall not apply to occupational disease claims resulting from posttraumatic stress disorders of direct care registered nurses as defined in RCW
51.32.395.
(b) The limitation in subsection (2)(c) of this section also applies to this subsection (3).
(c) This subsection (3) applies only to a direct care registered nurse who has posttraumatic stress disorder that develops or manifests itself after the individual has been employed on a fully compensated basis as a direct care registered nurse in Washington state for at least 90 consecutive days.
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