Expansive communicable disease presumption bill passes
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Washington state lawmakers are sending a bill to Gov. Jay Inslee that would create an expansive rebuttable presumption for front-line workers who contract a communicable disease, such as COVID-19, during a public health emergency.
S.B. 5115, an amended version of which the Senate passed Wednesday in a 32-16 vote, would create a prima facie presumption that any infectious or contagious diseases that are the subject of a public health emergency will be considered occupational diseases while the emergency is in effect. The House passed the legislation earlier this month in a 70-27 vote.
The bill would create the rebuttable presumption that front-line workers who contract such diseases did so in the course and scope of their employment unless rebutted by clear and convincing evidence.
The legislation defines front-line workers as including first responders, retail employees at businesses that remain open during the declared public health emergency, and workers in health care, childcare, corrections, mass transit, food processing, manufacturing and distribution.
The bill also outlines requirements for employers regarding the provision of personal protective equipment and employee sick leave, and forbids employers from discriminating against workers who raise reasonable concerns about the safety of their workplace during the public health emergency.
If signed into law, the legislation would take effect immediately.
More insurance and workers compensation news on the coronavirus crisis here.
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