BILL REQ. #:  S-1609.2 

Read first time 02/21/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to ensuring that employers are not charged for claims made due to injuries during emergencies or disasters; and amending RCW 51.16.130.

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

Sec. 1   RCW 51.16.130 and 1972 ex.s. c 43 s 14 are each amended to read as follows:
     (1) Whenever there shall occur an accident in which three or more employees of an employer insured with the state fund are fatally injured or sustain permanent total disability, the amount of total cost other than medical aid costs arising out of such accident that shall be charged to the account of the employer, shall be twice the average cost of the pension claims arising out of such accident. The entire cost of such accident, exclusive of medical aid costs, shall be charged against and defrayed by the catastrophe injury account.
     (2) In the event of an emergency or disaster as defined in RCW 38.52.010(6)(a), if the private sector is asked by state or local municipalities to assist in the life and rescue phase, claim costs incurred as a result of any ensuing injuries shall not be charged to the employer of record.
     (3) For the purposes of this section, "life and rescue phase" means the first seventy-two hours after the occurrence of a natural or man-made disaster in which a state or municipal corporation, including law enforcement, acknowledges or declares such a disaster and requests assistance from the private sector in locating and rescuing survivors. The initial life and rescue phase may be extended for a finite period of time by declaration of the state or municipal corporation.