Report Title:

Workers' Compensation; Multiple Chemical Sensitivity

Description:

Requires multiple chemical sensitivity disorder to be compensable under workers' compensation law.

THE SENATE

S.B. NO.

1507

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to workers' compensation law.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 386-3, Hawaii Revised Statutes, is amended to read as follows:

"§386-3 Injuries covered. (a) If an employee suffers personal injury either by accident arising out of and in the course of the employment or by disease proximately caused by or resulting from the nature of the employment, the employee's employer or the special compensation fund shall pay compensation to the employee or the employee's dependents as provided in this chapter.

Accident arising out of and in the course of the employment includes the wilful act of a third person directed against an employee because of the employee's employment.

(b) No compensation shall be allowed for an injury incurred by an employee by the employee's wilful intention to injure oneself or another by actively engaging in any unprovoked non-work related physical altercation other than in self defense, or by the employee's intoxication.

(c) A claim for mental stress resulting solely from disciplinary action taken in good faith by the employer shall not be allowed; provided that if a collective bargaining agreement or other employment agreement specifies a different standard than good faith for disciplinary actions, the standards set in the collective bargaining agreement or other employment agreement shall be applied in lieu of the good faith standard. For purposes of this subsection, the standards set in the collective bargaining agreement or other employment agreement shall be applied in any proceeding before the department, the appellate board, and the appellate courts.

(d) A claim for compensation under this chapter for multiple chemical sensitivity disorder shall be compensable for purposes of subsection (a); provided that the presumption under section 386-85 shall apply. As used in this subsection, "multiple chemical sensitivity disorder" means a chronic condition that is caused by daily exposure to and inhalation of numerous chemical fumes while performing a job, characterized by multiple symptoms, in multiple organs, affecting multiple senses, and triggered by multiple chemicals. The chemicals must have been rated by the manufacturers as posing a health hazard. Symptoms shall include, but not be limited to, headaches, dizziness, sinus irritation, and breathing disorders. The diagnosis shall be supported by verifiable medical evidence furnished by a health care provider who is qualified in pulmonary disease, occupational medicine, and allergy and immunology with extensive experience in treating multiple chemical sensitivity."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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