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                    ENGROSSED SENATE BILL 5603

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State of Washington      53rd Legislature     1993 Regular Session

By Senators Newhouse, Vognild, Anderson, Amondson, Prince, Prentice and Winsley

Read first time 02/04/93.  Referred to Committee on Labor & Commerce.

Amending the definition of acting in the course of employment.

    AN ACT Relating to the definition of "acting in the course of employment" for industrial insurance; and amending RCW 51.08.013.

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

    Sec. 1.  RCW 51.08.013 and 1979 c 111 s 15 are each amended to read as follows:

    "Acting in the course of employment" means the worker acting at his or her employer's direction or in the furtherance of his or her employer's business which shall include time spent going to and from work on the jobsite, as defined in RCW 51.32.015 and 51.36.040, insofar as such time is immediate to the actual time that the worker is engaged in the work process in areas controlled by his or her employer, except parking areas, and it is not necessary that at the time an injury is sustained by a worker he or she be doing the work on which his or her compensation is based or that the event be within the time limits on which industrial insurance or medical aid premiums or assessments are paid.  The term shall not include time spent going to or coming from the employer's place of business in commuter ride sharing, as defined in RCW 46.74.010(1), notwithstanding any participation by the employer in the ride-sharing arrangement.  "Acting in the course of employment" does not include an employee's participation in a voluntary recreational activity or program even if the employer promoted or sponsored the recreational activity or program, unless the employee was directly ordered by the employer to participate in the recreational activity or program or was paid wages or travel expenses while participating in the recreational activity or program.

As used in this section, "voluntary recreational activity or program" does not include any health or wellness programs sponsored and required by the employer.

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