PTSD/correctional workers

AN ACT Relating to industrial insurance coverage for 1
posttraumatic stress disorders affecting correctional facility 2
workers; amending RCW 51.08.142; adding a new section to chapter 3
51.32 RCW; and providing an effective date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Sec. 1. RCW 51.08.142 and 2023 c 370 s 1 are each amended to 6
read as follows: 7
(1) Except as provided in subsections (2) and (3) of this 8
section, the department shall adopt a rule pursuant to chapter 34.05 9
RCW that claims based on mental conditions or mental disabilities 10
caused by stress do not fall within the definition of occupational 11
disease in RCW 51.08.140. 12
(2)(a) Except as provided in (b) and (c) of this subsection, the 13
rule adopted under subsection (1) of this section shall not apply to 14
occupational disease claims resulting from posttraumatic stress 15
disorders of firefighters as defined in RCW 41.26.030(17) (a), (b), 16
(c), and (h) and firefighters, including supervisors, employed on a 17
full-time, fully compensated basis as a firefighter of a private 18
sector employer's fire department that includes over fifty such 19
firefighters, and law enforcement officers as defined in RCW 20
H-0125.1
HOUSE BILL 1070
State of Washington 69th Legislature 2025 Regular Session
By Representatives Davis, Low, Peterson, Griffey, Reeves, Tharinger,
Street, Nance, Goodman, Ormsby, Scott, Mena, Macri, Volz, Stonier,
Alvarado, Fosse, Doglio, Bernbaum, Ryu, Leavitt, Berry, Eslick,
Callan, Obras, Farivar, Timmons, Ortiz-Self, Simmons, Pollet, Duerr,
Lekanoff, and Salahuddin
Prefiled 12/13/24. Read first time 01/13/25. Referred to Committee
on Labor & Workplace Standards.
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41.26.030(19) (b), (c), and (e), and public safety telecommunicators 1
who receive calls for assistance and dispatch emergency services.2
(b) For firefighters as defined in RCW 41.26.030(17) (a), (b), 3
(c), and (h) and firefighters, including supervisors, employed on a 4
full-time, fully compensated basis as a firefighter of a private 5
sector employer's fire department that includes over fifty such 6
firefighters, and law enforcement officers as defined in RCW 7
41.26.030(19) (b), (c), and (e) hired after June 7, 2018, and public 8
safety telecommunicators hired after June 11, 2020, (a) of this 9
subsection only applies if the firefighter or law enforcement officer 10
or public safety telecommunicators, as a condition of employment, has 11
submitted to a psychological examination administered by a 12
psychiatrist licensed in the state of Washington under chapter 18.71 13
RCW or a psychologist licensed in the state of Washington under 14
chapter 18.83 RCW that ruled out the presence of posttraumatic stress 15
disorder from preemployment exposures. If the employer does not 16
provide the psychological examination, (a) of this subsection 17
applies. 18
(c) Posttraumatic stress disorder for purposes of this subsection 19
and subsection((s (2) and)) (3) of this section is not considered an 20
occupational disease if the disorder is directly attributed to 21
disciplinary action, work evaluation, job transfer, layoff, demotion, 22
termination, or similar action taken in good faith by an employer.23
(d) "Public safety telecommunicators" means individuals who 24
receive and respond to telephone or other electronic requests for 25
emergency assistance, such as law enforcement, fire, and medical 26
services, and dispatch appropriate emergency responders.27
(3)(a) Except as provided in this subsection, the rule adopted 28
under subsection (1) of this section shall not apply to occupational 29
disease claims resulting from posttraumatic stress disorders of 30
direct care registered nurses ((as defined in RCW 51.32.395)) and 31
correctional facility workers. 32
(b) The limitation in subsection (2)(c) of this section also 33
applies to this subsection (3). 34
(c) This subsection (3) applies only to a direct care registered 35
nurse or a correctional facility worker who has posttraumatic stress 36
disorder that develops or manifests itself after the individual has 37
been employed on a fully compensated basis as a direct care 38
registered nurse or a correctional facility worker in Washington 39
state for at least 90 consecutive days. 40
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(d) For purposes of this subsection, the following definitions 1
apply:2
(i) "Direct care registered nurse" means a direct care registered 3
nurse as defined in RCW 51.32.395.4
(ii) "Correctional facility worker" means a correctional facility 5
worker as defined in section 2 of this act.6
NEW SECTION. Sec. 2. A new section is added to chapter 51.32 7
RCW to read as follows: 8
(1) In the case of correctional facility workers covered under 9
this title who are employed on a fully compensated basis, there 10
exists a prima facie presumption that posttraumatic stress disorder 11
is an occupational disease under RCW 51.08.140. This section applies 12
only to a correctional facility worker who has posttraumatic stress 13
disorder that develops or manifests itself after the individual has 14
been employed on a fully compensated basis as a correctional facility 15
worker in Washington state for at least 90 consecutive days.16
(2) The presumption may be rebutted by a preponderance of the 17
evidence. 18
(3) The presumption extends to a claimant following termination 19
of employment for a period of three calendar months for each year the 20
claimant was a correctional facility worker employed on a fully 21
compensated basis, but may not extend more than 60 months following 22
the last date of employment. 23
(4)(a) When a determination involving the presumption established 24
under this section is appealed to the board of industrial insurance 25
appeals and the final decision allows the claim for benefits, the 26
board of industrial insurance appeals shall order that all reasonable 27
costs of the appeal, including attorneys' fees and witness fees, be 28
paid to the claimant or the claimant's beneficiary by the opposing 29
party. 30
(b) When determination involving the presumption established 31
under this section is appealed to any court and the final decision 32
allows the claim for benefits, the court shall order that all 33
reasonable costs of the appeal, including attorneys' fees and witness 34
fees, be paid to the claimant or his or her beneficiary by the 35
opposing party. 36
(c) When reasonable costs of the appeal must be paid by the 37
department under this section in a state fund case, the costs must be 38
paid from the accident fund and charged to the costs of the claim.39
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(5) For purposes of this section, "correctional facility worker" 1
means an individual working at a correctional facility as defined in 2
RCW 72.09.015. 3
NEW SECTION. Sec. 3. This act takes effect January 1, 2026.4
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