BILL REQ. #: H-2944.3
State of Washington | 63rd Legislature | 2014 Regular Session |
Read first time 01/15/14. Referred to Committee on Labor & Workforce Development.
AN ACT Relating to limiting industrial insurance benefits for injuries or diseases caused by use of intoxicating liquor or drugs; adding a new section to chapter 51.32 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 51.32 RCW
to read as follows:
(1) No benefits, other than medical benefits, are payable to or on
behalf of a worker or to his or her spouse, child, or dependent if the
worker's being under the influence of or affected by intoxicating
liquor or any drug was the primary cause of the worker's injury or
death unless:
(a) The employer permitted or had knowledge of the worker's use of
intoxicating liquor or any drug; or
(b) The drug was prescribed for the worker by a health care
practitioner authorized under chapter 69.41 RCW, and the worker used
the drug in accordance with the directions for use.
(2) A qualifying chemical test is required to prove that the worker
was under the influence of or affected by intoxicating liquor or any
drug at the time of injury. The employer must bear the cost of any
testing requested by the employer.
(3) A rebuttable presumption that the worker was under the
influence of or affected by intoxicating liquor or any drug and that
the intoxication was the primary cause of the worker's injury or death
is established if:
(a) The worker refused to submit to a qualifying chemical test; or
(b) The worker had an alcohol concentration of 0.08 or higher or a
THC concentration of 5.00 or higher, as determined by a qualifying
chemical test.
(4) This section does not affect the rights of an employer to
prohibit the use of intoxicating liquor or drugs or to test workers for
intoxicating liquor or drug use to the extent permissible by law.
(5) For purposes of this section:
(a) "Drug" means those substances regulated by chapters 69.41,
69.50, and 69.51A RCW.
(b) "Qualifying chemical test" means a test performed according to
methods approved by, and by an individual possessing a valid permit
issued by, the state toxicologist under RCW 46.61.506, or performed
under standards established by a nationally recognized organization.
NEW SECTION. Sec. 2 Section 1 of this act applies to dates of
injury or disease manifestation after the effective date of this
section.
NEW SECTION. Sec. 3 Section 1 of this act does not impair any
provision of a collective bargaining agreement in effect on the
effective date of this section.