AN
ACT Relating to assaults to employees of the department of natural resources;
and amending RCW 72.01.045 and 72.09.240.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
72.01.045 and 1990 c 153 s 1 are each amended to read as follows:
(1)
For purposes of this section only, "assault" means an unauthorized
touching of an employee by a resident, patient, or juvenile offender resulting
in physical injury to the employee.
(2)
In recognition of the hazardous nature of employment in state institutions, the
legislature hereby provides a supplementary program to reimburse employees of
the department of social and health services, the department of natural
resources, and the department of veterans affairs for some of their costs
attributable to their being the victims of assault by residents, patients, or
juvenile offenders. This program shall be limited to the reimbursement
provided in this section.
(3)
An employee is only entitled to receive the reimbursement provided in this
section if the secretary of social and health services, the commissioner of
public lands, or the director of the department of veterans affairs, or the
secretary's, commissioner's, or director's designee, finds that each of
the following has occurred:
(a)
A resident or patient has assaulted the employee and as a result thereof the
employee has sustained demonstrated physical injuries which have required the
employee to miss days of work;
(b)
The assault cannot be attributable to any extent to the employee's negligence,
misconduct, or failure to comply with any rules or conditions of employment;
and
(c)
The department of labor and industries has approved the employee's workers'
compensation application pursuant to chapter 51.32 RCW.
(4)
The reimbursement authorized under this section shall be as follows:
(a)
The employee's accumulated sick leave days shall not be reduced for the
workdays missed;
(b)
For each workday missed for which the employee is not eligible to receive
compensation under chapter 51.32 RCW, the employee shall receive full pay; and
(c)
In respect to workdays missed for which the employee will receive or has
received compensation under chapter 51.32 RCW, the employee shall be reimbursed
in an amount which, when added to that compensation, will result in the
employee receiving full pay for the workdays missed.
(5)
Reimbursement under this section may not last longer than three hundred
sixty-five consecutive days after the date of the injury.
(6)
The employee shall not be entitled to the reimbursement provided in subsection
(4) of this section for any workday for which the secretary, commissioner,
director, or applicable designee, finds that the employee has not diligently
pursued his or her compensation remedies under chapter 51.32 RCW.
(7)
The reimbursement shall only be made for absences which the secretary, commissioner,
director, or applicable designee believes are justified.
(8)
While the employee is receiving reimbursement under this section, he or she
shall continue to be classified as a state employee and the reimbursement
amount shall be considered as salary or wages.
(9)
All reimbursement payments required to be made to employees under this section
shall be made by the employing department. The payments shall be considered as
a salary or wage expense and shall be paid by the department in the same manner
and from the same appropriations as other salary and wage expenses of the
department.
(10)
Should the legislature revoke the reimbursement authorized under this section
or repeal this section, no affected employee is entitled thereafter to receive
the reimbursement as a matter of contractual right.
Sec.
2. RCW
72.09.240 and 1988 c 149 s 1 are each amended to read as follows:
(1)
In recognition of prison overcrowding and the hazardous nature of employment in
state correctional institutions and offices, the legislature hereby provides a
supplementary program to reimburse employees of the department of corrections and
the department of natural resources for some of their costs attributable to
their being the victims of offender assaults. This program shall be limited to
the reimbursement provided in this section.
(2)
An employee is only entitled to receive the reimbursement provided in this
section if the secretary of corrections or the commissioner of public lands,
or the secretary's or commissioner's designee, finds that each of the
following has occurred:
(a)
An offender has assaulted the employee while the employee is performing the
employee's official duties and as a result thereof the employee has sustained
injuries which have required the employee to miss days of work; and
(b)
The assault cannot be attributable to any extent to the employee's negligence,
misconduct, or failure to comply with any rules or conditions of employment.
(3)
The reimbursement authorized under this section shall be as follows:
(a)
The employee's accumulated sick leave days shall not be reduced for the
workdays missed;
(b)
For each workday missed for which the employee is not eligible to receive
compensation under chapter 51.32 RCW, the employee shall receive full pay; and
(c)
In respect to workdays missed for which the employee will receive or has
received compensation under chapter 51.32 RCW, the employee shall be reimbursed
in an amount which, when added to that compensation, will result in the
employee receiving full pay for the workdays missed.
(4)
Reimbursement under this section may not last longer than three hundred
sixty-five consecutive days after the date of the injury.
(5)
The employee shall not be entitled to the reimbursement provided in subsection
(3) of this section for any workday for which the secretary or the
commissioner of public lands, or the secretary's or commissioner's
designee, finds that the employee has not diligently pursued his or her
compensation remedies under chapter 51.32 RCW.
(6)
The reimbursement shall only be made for absences which the secretary or the
commissioner of public lands, or the secretary's or commissioner's
designee, believes are justified.
(7)
While the employee is receiving reimbursement under this section, he or she
shall continue to be classified as a state employee and the reimbursement
amount shall be considered as salary or wages.
(8)
All reimbursement payments required to be made to employees under this section
shall be made by the department of corrections or the department of natural
resources. The payments shall be considered as a salary or wage expense
and shall be paid by the department of corrections or the department of
natural resources in the same manner and from the same appropriations as
other salary and wage expenses of the department of corrections or the
department of natural resources.
(9)
Should the legislature revoke the reimbursement authorized under this section
or repeal this section, no affected employee is entitled thereafter to receive
the reimbursement as a matter of contractual right.
(10)
For the purposes of this section, "offender" means: (a) ((Inmate
as defined in RCW 72.09.020, (b))) Offender as defined in RCW
9.94A.030((,)); and (((c))) (b) any other person in
the custody of or subject to the jurisdiction of the department of corrections.
