BILL REQ. #:  S-4127.1 

Read first time 01/26/12.   Referred to Committee on Labor, Commerce & Consumer Protection.

     AN ACT Relating to the definition of worker for purposes of workers' compensation; and amending RCW 51.08.180.

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

Sec. 1   RCW 51.08.180 and 2008 c 102 s 3 are each amended to read as follows:
     (1) "Worker" means every person in this state who is engaged in the employment of an employer under this title, whether by way of manual labor or otherwise in the course of his or her employment; also every person in this state who is engaged in the employment of or who is working under an independent contract, the essence of which is his or her personal labor for an employer under this title, whether by way of manual labor or otherwise, in the course of his or her employment((, or)).
     (2) As ((an)) exceptions to the definition of worker, (a) a person is not a worker if he or she meets the tests set forth in ((subsections (1) through (6) of)) RCW 51.08.195 (1) through (6) or the separate tests set forth in RCW 51.08.181 for work performed that requires registration under chapter 18.27 RCW or licensing under chapter 19.28 RCW((: PROVIDED, That)); (b) a person is not a worker for the purpose of this title, with respect to his or her activities attendant to operating a truck which he or she owns, and which is leased to a common or contract carrier; and (c) a person is not a worker when that person is a franchisee under chapter 19.100 RCW.