For United States Department of Energy (US DOE) Hanford site workers, there exists a prima facie presumption that certain diseases and conditions listed are occupational diseases for workers' compensation purposes.
This presumption of occupational disease may be rebutted by clear and convincing evidence. Such evidence may include, but is not limited to, use of tobacco products, physical fitness and weight, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.
The prima facie presumption applies to the following:
The presumption for cancer only applies to any active or former US DOE Hanford site worker who:
The presumption applies to the following cancers:
The presumption extends to an applicable US DOE site worker following termination of service for the lifetime of that individual. A worker or the survivor of a worker who has died as a result of one of these conditions or diseases, and whose claim was denied by order of the Department of Labor and Industries (L&I), the Board of Industrial Insurance Appeals, or a court, can file a new claim for the same exposure and contended condition or disease. These provisions apply to decisions made after June 7, 2018, without regard to the date of last injurious exposure or claim filing.
Provisions regarding attorneys' fees and costs on appeal are provided.
"Hanford nuclear site" and "Hanford site" and "site" means the approximately 560 square miles in southeastern Washington State, excluding leased land, state-owned lands, and lands owned by the Bonneville Power Administration, which is owned by the United States and which is commonly known as the Hanford reservation.
"United States Department of Energy Hanford site workers" and "Hanford site worker" means any person, including a contractor or subcontractor, who was engaged in the performance of work, either directly or indirectly, for the United States, regarding projects and contracts at the Hanford nuclear site and who worked on the site at the 200 east, 200 west, 300 area, environmental restoration disposal facility site, central plateau, or the river corridor locations for at least one eight-hour shift while covered under the workers' compensation provisions.
WAC 173-303-040 defines "mixed waste" as a dangerous, extremely hazardous, or acutely hazardous waste that contains both a nonradioactive hazardous component and, as defined by 10 C.F.R. 20.1003, source, special nuclear, or by-product material subject to the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
“High-level radioactive waste,” as defined in 33 U.S.C. Section 1402, is the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors.
The United States filed suit in the U.S. District Court for the Ninth Circuit against Washington State and related parties regarding these provisions. The court granted summary judgment in favor of the state, which was affirmed by a panel of the court of appeals. The United States has appealed the case to the United States Supreme Court. On January 10, 2022, the court agreed to review the judgment of the Ninth Circuit in this case.
The definitions for "Hanford nuclear site" and "United States Department of Energy Hanford site workers" are replace with definitions for "radiological hazardous waste facility" and "exposed worker(s)."
The presumption that certain diseases are occupational diseases for workers' compensation for these workers is removed for communicable respiratory and neurological diseases and added for liver function problems, kidney function problems, and reproductive system function problems.
"Exposed worker(s)" means a worker working at a radiological hazardous waste facility for at least an eight hour shift covered under this title, including conducting an inspection of the facility.
"Radiological hazardous waste facility" means any structure and its lands where high-level radioactive waste or mixed waste as defined above is stored or disposed of.
PRO: This is a follow up, technical clean up bill that provided a presumptive coverage for workers working at Hanford. This expands the population slightly and harmonizes the provisions.
In 2018, the Legislature made the reasonable, responsible, and ethical decisions to provide a presumption to help so many workers. This bi-partisan bill was a great victory for workers in this state, offering support and resources for so many workers. This helped workers who helped build the facility, produce plutonium, and provide clean up. One exposure can cause a lifetime of illness. The intent was to include all workers in this situation. Unfortunately, some workers were left out. The bill makes sure those workers are included, such as inspectors. Those working around radiological hazards are doing extremely important work. We should match their commitment with our own. This corrects the unintended issue of leaving our certain workers. Whether they are involved in or oversee the clean up, they should be included.
The Attorney General's Office has been working for years to protect these workers exposed to radiological risk. The Legislature took an important step to pass the law. Unfortunately, the federal government sued the state and that has been ongoing. This bill makes important clarifications to existing law, expand the bill to cover all workers at radiological sites and the illnesses to align with the best current science.
OTHER: L&I was available for questions.