Workers Comp

Bill would expand Hanford presumption to cover ‘exposed workers’

January 19, 2022 Reprints

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All workers exposed to radiological hazardous waste at the decommissioned Hanford nuclear site in Hanford, Washington, would be covered by a presumption if certain conditions are compensable under legislation introduced Tuesday in the Washington Legislature.

S.B. 5890 would clarify eligibility for the presumption enacted in 2018, according to a summary of the measure. The presumption holds conditions including respiratory disease, beryllium disease and neurological and heart conditions experienced within 72 hours of exposure to fumes or chemicals as compensable injuries for workers at the decommissioned nuclear production facility. It also covers various forms of cancer.

The bill came to light a little more than a week after the U.S. Supreme Court agreed to hear a case in which the Justice Department is challenging the appropriateness of the presumption covering only federal contract workers performing services at a federal facility.

S.B. 5890 would repeal language that applies the presumption exclusively to U.S. Department of Energy workers at the Hanford site, including contractors and subcontractors working directly or indirectly for the federal government.

Instead, the presumption would cover “exposed workers,” who would include anyone working at a radiological hazardous waste facility for at least an eight-hour shift.

The bill would add liver, kidney and reproductive system problems to the list of conditions covered by the presumption. And it would clarify that the presumption doesn’t apply to communicable diseases.

S.B. 5890 was referred to the Senate Committee on Labor, Commerce and Tribal Affairs but has not been scheduled for a hearing.

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