SB 6599-S2 - DIGEST

(DIGEST AS ENACTED)

Provides that employers whose employees receive medical monitoring under chapter 296-307 WAC, Part J-1, shall submit records to the department of labor and industries each month indicating the name of each worker tested, the number of hours that each worker handled covered pesticides during the thirty days prior to testing, and the number of hours that each worker handled covered pesticides during the current calendar year. The department of labor and industries shall work with the department of health to correlate this data with each employee's test results.

Provides that no later than January 1, 2005, the department of labor and industries shall require employers to report this data to the physician or other licensed health care professional and department of health public health laboratory or other approved laboratory when each employee's cholinesterase test is taken. The department shall also require employers to provide each employee who receives medical monitoring with: (1) A copy of the data that the employer reports for that employee upon that employee's request; and

(2) Access to the records on which the employer's report is based.

Provides that, by January 1, 2005, January 1, 2006, and January 1, 2007, the department of labor and industries shall report the results of its data collection, correlation, and analysis related to cholinesterase monitoring 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. These reports shall also identify any technical issues regarding the testing of cholinesterase levels or the administration of cholinesterase monitoring.

VETO MESSAGE ON SB 6599-S2

April 1, 2004

To the Honorable President and Members,

The Senate of the State of Washington

Ladies and Gentlemen:

I am returning herewith, without my approval as to section 3, Second Substitute Senate Bill No. 6599 entitled:

"AN ACT Relating to required elements of cholinesterase monitoring programs for certain pesticide handlers;"

Second Substitute Senate Bill No. 6599 requires the Department of Labor and Industries to collect, correlate, and analyze certain data related to cholinesterase tests.

Section 3 would have required the department to make reasonable reimbursements on a quarterly basis as specified in the operating budget. This section refers to an appropriation in the operating budget that is to be used to reimburse agricultural employers for training, travel, and record-keeping costs related to complying with the cholinesterase monitoring rule.

In order to directly reimburse employers, the department will have to create a new payment system. Section 3 dictates how the department should reimburse employers, thus limiting the agency's flexibility on the design of the new system. The agency may decide that it is more practical to reimburse monthly, biannually or annually. In any case, the department should have the flexibility to make this decision.

For these reasons, I have vetoed section 3 of Second Substitute Senate Bill No. 6599.

With the exception of section 3, Second Substitute Senate Bill No. 6599 is approved.

Respectfully submitted,

Gary Locke

Governor