PRIOR PRINTER'S NO. 1290 PRINTER'S NO. 1988
No. 1025 Session of 2007
INTRODUCED BY CASORIO, COHEN, BAKER, BELFANTI, BIANCUCCI,
CAPPELLI, CARROLL, DePASQUALE, EVERETT, FABRIZIO, GEORGE,
GIBBONS, GOODMAN, HARHAI, HESS, HUTCHINSON, JAMES, KORTZ,
KOTIK, McGEEHAN, McILHATTAN, R. MILLER, MURT, M. O'BRIEN,
PETRONE, REICHLEY, STABACK, SURRA, VULAKOVICH, WOJNAROSKI,
YOUNGBLOOD, SCAVELLO, WALKO, PETRARCA, JOSEPHS, SOLOBAY,
KIRKLAND, FREEMAN, BARRAR, MARSHALL AND PALLONE,
APRIL 18, 2007
AS REPORTED FROM COMMITTEE ON LABOR RELATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 19, 2007
AN ACT
1 Amending the act of June 2, 1915 (P.L.736, No.338), entitled, as
2 reenacted and amended, "An act defining the liability of an
3 employer to pay damages for injuries received by an employe
4 in the course of employment; establishing an elective
5 schedule of compensation; providing procedure for the
6 determination of liability and compensation thereunder; and
7 prescribing penalties," further defining "occupational
8 disease."
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Section 108(m.1) of the act of June 2, 1915
12 (P.L.736, No.338), known as the Workers' Compensation Act,
13 reenacted and amended June 21, 1939 (P.L.520, No.281) and added
14 December 20, 2001 (P.L.967, No.115), is amended to read:
15 Section 108. The term "occupational disease," as used in
16 this act, shall mean only the following diseases.
17 * * *
1 (m.1) Hepatitis C in the occupations of [professional and <--
2 volunteer firefighters, volunteer ambulance corps personnel,
3 volunteer rescue and lifesaving squad personnel, emergency
4 medical services personnel and paramedics, Pennsylvania State
5 Police officers, WATERWAYS CONSERVATION OFFICERS OF THE <--
6 PENNSYLVANIA FISH AND BOAT COMMISSION, WILDLIFE CONSERVATION
7 OFFICERS OF THE PENNSYLVANIA GAME COMMISSION, OFFICERS OF THE
8 DEPARTMENT OF CONSERVATION AND NATURAL RESOURCES, OFFICERS
9 EMPLOYED BY PORT AUTHORITIES WITHIN THIS COMMONWEALTH, police
10 officers requiring certification under 53 Pa.C.S. Ch. 21
11 (relating to employees), and Commonwealth and county
12 correctional employes, and forensic security employes of the
13 Department of Public Welfare] officers of the Pennsylvania Fish <--
14 and Boat Commission, officers of the Pennsylvania Game
15 Commission, rangers employed by the Department of Conservation
16 and Natural Resources and police officers employed by port
17 authorities within this Commonwealth, having duties including
18 care, custody and control of inmates involving exposure to such
19 disease. Hepatitis C in any of these occupations shall establish
20 a presumption that such disease is an occupational disease
21 within the meaning of this act, but this presumption shall not
22 be conclusive and may be rebutted. This presumption shall be
23 rebutted if the employer has established an employment screening
24 program, in accordance with guidelines established by the
25 department in coordination with the Department of Health and the
26 Pennsylvania Emergency Management Agency and published in the
27 Pennsylvania Bulletin, and testing pursuant to that program
28 establishes that the employe incurred the Hepatitis C virus
29 prior to any job-related exposure.
30 * * *
20070H1025B1988 - 2 -
1 Section 2. This act shall apply to all claims arising on or
2 after the effective date of the amendment of section 108(m.1) of
3 the act.
4 Section 3. This act shall take effect in 60 days.
C23L77BIL/20070H1025B1988 - 3 -