BILL REQ. #:  H-4260.2 

Read first time 01/21/2004.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to required elements of cholinesterase monitoring programs for certain pesticide handlers; adding a new section to chapter 49.17 RCW; and declaring an emergency.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 49.17 RCW to read as follows:
     (1) In implementing any rules adopted pursuant to RCW 49.17.050(4) that require agricultural employers to implement a monitoring program for employees who handle category I or II organophosphate or N-methyl-carbamate pesticides, the department must collect and analyze data to determine whether mandatory testing is warranted and, if so, what thresholds of exposure to pesticides should trigger mandatory testing. The data must include: (a) The number of employees that are tested; (b) the number of baseline tests that are performed; (c) the number of periodic tests that are performed for each of the employees; (d) the number of investigations of employee work practices that are required; (e) the number of medical removals from pesticide handling and other work exposures to pesticides that are required; (f) the number of investigations of employee work practices required for which depressed cholinesterase levels are not positively correlated to pesticide handling or other workplace exposures; (g) the number of medical removals required for which depressed cholinesterase levels are not positively correlated to pesticide handling or other workplace exposures; and (h) for each employee with a substantially depressed cholinesterase level, the relationship between his or her depressed cholinesterase level and the number of hours he or she spent handling category I or II organophosphate or N-methyl-carbamate pesticides. By December 1st of each year, the department shall report the results of this data collection and analysis to the house of representatives committees on agriculture and natural resources, and commerce and labor, or their successor committees, and the senate committees on agriculture, and commerce and trade, or their successor committees.
     (2) Within the appropriations from the medical aid fund provided for administering this chapter, the department shall pay approved health care facilities and licensed health care professionals directly for all costs of services related to baseline and periodic cholinesterase tests and interpretations of such tests. These health care facilities and professionals include, but are not limited to, approved laboratories and clinics, and licensed physicians. These services include, but are not limited to, taking, shipping, and testing blood samples, interpreting blood tests, and counseling employees who handle category I or II organophosphate or N-methyl-carbamate pesticides.
     (3) Any rules adopted pursuant to RCW 49.17.050(4) that require agricultural employers to implement a monitoring program for employees who handle category I or II organophosphate or N-methyl-carbamate pesticides shall allow agricultural employers to seek reimbursement from the accident fund for the costs they incur in complying with such rules. These costs are the probable central compliance costs specified in the benefit-cost determination for such rules, which shall include the costs of recordkeeping, training, paying wages and benefits to employees for time traveling to approved laboratories or clinics, and paying wages and benefits to employees receiving medical removal protection benefits due to depressed cholinesterase levels. Reimbursement rates for these costs shall be consistent with probable compliance costs specified in the benefit-cost determination for such rules. Requests for reimbursement for a calendar quarter must be submitted to the department no later than the day immediately following the last day of the first month following that calendar quarter. Payments of reimbursements for a calendar quarter must be made no later than the day immediately following the last day of the second month following that calendar quarter.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.