| Passed by the House April 17, 2007 Yeas 98 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 13, 2007 Yeas 48 ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1949 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2007 Regular Session |
Read first time 02/01/2007. Referred to Committee on Commerce & Labor.
AN ACT Relating to providing industrial insurance coverage for workers involved in harvesting geoduck clams; and amending RCW 51.12.100.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 51.12.100 and 1991 c 88 s 3 are each amended to read
as follows:
(1) Except as otherwise provided in this section, the provisions of
this title shall not apply to a master or member of a crew of any
vessel, or to employers and workers for whom a right or obligation
exists under the maritime laws or federal employees' compensation act
for personal injuries or death of such workers.
(2) If an accurate segregation of payrolls of workers for whom such
a right or obligation exists under the maritime laws cannot be made by
the employer, the director is hereby authorized and directed to fix
from time to time a basis for the approximate segregation of the
payrolls of employees to cover the part of their work for which no
right or obligation exists under the maritime laws for injuries or
death occurring in such work, and the employer, if not a self-insurer,
shall pay premiums on that basis for the time such workers are engaged
in their work.
(3) Where two or more employers are simultaneously engaged in a
common enterprise at one and the same site or place in maritime
occupations under circumstances in which no right or obligation exists
under the maritime laws for personal injuries or death of such workers,
such site or place shall be deemed for the purposes of this title to be
the common plant of such employers.
(4) In the event payments are made both under this title ((prior to
the final determination)) and under the maritime laws or federal
employees' compensation act, such benefits paid under this title shall
be repaid by the worker or beneficiary ((if recovery is subsequently
made under the maritime laws or federal employees' compensation act)).
For any claims made under the Jones Act, the employer is deemed a third
party, and the injured worker's cause of action is subject to RCW
51.24.030 through 51.24.120.
(5) Commercial divers harvesting geoduck clams under an agreement
made pursuant to RCW 79.135.210, workers tending to such divers, and
the employers of such divers and tenders shall be subject to the
provisions of this title whether or not such work is performed from a
vessel.