SB 5940 — Creating the presumption of occupational disease for certain employees at the United States department of energy Hanford site.

S-3596.1SUBSTITUTES-2810.1SENATE SENATE BILL 5940State of Washington65th Legislature2018Legislature2017 Regular1st Special SessionBy Senate Labor & Commerce (originally sponsored by Senators Keiser, Conway, and Palumbo)READPalumboRead FIRSTfirst TIMEtime 01/17/18.AN05/19/17. ACT Relating to the presumption of occupational disease for certain employees at the United States department of energy Hanford site;

andReferred adding a new section to chapterCommittee 51.32on RCW.BECommerce, ITLabor ENACTED& BYSports.AN THEACT LEGISLATURERelating OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  A new section is added to chapter 51.32 RCW to read as follows:(1) The definitions in this section apply throughout this section.(a) "Hanford nuclear site" and "Hanford site" and "site" means the approximatelypresumption five hundred sixty 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.(b) "United States department of energyoccupational Hanforddisease 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 thecertain Unitedemployees States, regarding projects and contracts at the Hanford nuclear site and who worked on the site at the two hundred east, two hundred west, three hundred area, environmental restoration disposal facility site, central plateau, or the river corridor locations for at least one eight-hour shift while covered under this title.(2)(a) For United States department of energy Hanford sitesite; workers, as defined in this section, who are covered under this title, there exists a prima facie presumption that the diseases and conditions listed in subsection (3) of this section are occupational diseases under RCW 51.08.140.(b) This presumption of occupational disease may be rebutted by clear and convincing evidence.

Suchand evidenceadding maya include,new butsection to chapter 51.32 RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec. 1.  A new section is notadded limitedto to,chapter use51.32 ofRCW tobaccoto products,read physicalas fitnessfollows:(1) andThe weight,definitions lifestyle,in hereditarythis factors,section apply throughout this section.(a) "Hanford nuclear site" and exposure"Hanford fromsite" otherand employment"site" ormeans nonemploymentthe activities.(3)approximately Thefive primahundred faciesixty presumptionsquare appliesmiles toin southeastern Washington state, excluding leased land, state-owned lands, and lands owned by the following:(a)Bonneville RespiratoryPower disease;(b)Administration, Anywhich heartis problems,owned experiencedby withinthe seventy-twoUnited hoursStates and which is commonly known as the Hanford reservation.(b) "United States department of exposureenergy toHanford fumes,site toxicworkers" substances,and "Hanford site worker" means any person, including a contractor or chemicalssubcontractor, who was engaged in the performance of work, either directly or indirectly, for the United States, regarding projects and contracts at the site;(c)Hanford Cancer,nuclear subjectsite toand subsectionwho (4)worked on the site for at least one eight-hour shift while covered under this title.(2)(a) For United States department of energy Hanford site workers, as defined in this section;(d)section, Berylliumwho sensitization,are andcovered acuteunder this title, there exists a prima facie presumption that the diseases and chronicconditions berylliumlisted disease;in subsection (3) of this section are occupational diseases under RCW 51.08.140.(b) This presumption of occupational disease may be rebutted by clear and convincing evidence.

and(e)Such Neurologicalevidence disease.(4)(a)may Theinclude, presumptionbut establishedis fornot cancerlimited onlyto, appliesuse to any active or former United States department of energytobacco Hanfordproducts, sitephysical workerfitness whoand hasweight, cancerlifestyle, thathereditary developsfactors, or manifests itself and whoexposure wasfrom givenother aemployment qualifyingor medicalnonemployment examinationactivities.(3) uponThe becomingprima afacie United States department of energy Hanford site worker that showed no evidence of cancer.(b) The presumption applies to the followingfollowing:(a) cancers:(i)Respiratory Leukemia;(ii)disease;(b) PrimaryAny orheart secondaryproblems, lungexperienced cancer,within includingseventy-two bronchihours and trachea, sarcoma of theexposure lung,to otherfumes, thantoxic insubstances, situ lung cancer that is discovered during or afterchemicals aat postmortemthe examination,site;(c) butCancer, notsubject includingto mesotheliomasubsection or(4) pleura cancer;(iii) Primary or secondary bone cancer, including the bone form of solitarythis plasmacytoma,section;(d) myelodysplasticAcute syndrome,and myelofibrosischronic withberyllium myeloiddisease; metaplasia, essential thrombocytosis or essential thrombocythemia, primary polycythemia vera (also called polycythemia rubra vera, P.

vera,and(e) primaryNeurological polycythemia,disease.(4)(a) proliferativeThe polycythemia,presumption spent-phaseestablished polycythemia,for cancer only applies to any active or primaryformer erythremia);(iv)United States department of energy Hanford site worker who has cancer that develops or manifests itself and who was given a qualifying medical examination upon becoming a United States department of energy Hanford site worker that showed no evidence of cancer.(b) The presumption applies to the following cancers:(i) Leukemia;(ii) Primary or secondary renallung (kidney)cancer, cancer;(v)including Lymphomas,bronchi and trachea, sarcoma of the lung, other than Hodgkin'sin disease;(vi)situ Waldenstrom'slung macroglubulinemiacancer andthat mycosisis fungoides;discovered during or after a postmortem examination, but not including mesothelioma or pleura cancer;(iii) Primary or secondary bone cancer, including the bone form of solitary plasmacytoma, myelodysplastic syndrome, myelobibrosis with myeloid metaplasia, essential thrombocytosis or essential thrombocythemia, primary polycythemia vera (also called polycythemia rubra vera, P.

vera, primary polycythemia, proliferative polycythemia, spent-phase polycythemia, or primary erythermia);(iv) Primary or secondary renal (kidney) cancer;(v) Lymphomas, other than Hodgkin's disease;(vi) Waldenstrom's macroglubulinemia and mycosis fungoides;

(L) brain (malignancies only and not including intracranial endocrineenodocrine glands and other parts of the central nervous system or borderline astrocytomas);