SENATE AMENDED
PRIOR PRINTER'S NOS. 1990, 2085, 2679, PRINTER'S NO. 3001
2981
No. 1633 Session of 2001
INTRODUCED BY PERZEL, THOMAS, READSHAW, ARMSTRONG, BASTIAN,
BUNT, CAPPELLI, L. I. COHEN, CREIGHTON, DiGIROLAMO, FEESE,
FLICK, GANNON, LEWIS, McILHATTAN, NAILOR, O'BRIEN, ROSS,
SATHER, J. TAYLOR, WOGAN, BISHOP, BUTKOVITZ, CORRIGAN, DIVEN,
FRANKEL, M. BAKER, KENNEY, HUTCHINSON, HARHAI, KAISER,
KELLER, LAUGHLIN, MANN, MAYERNIK, McGEEHAN, SOLOBAY, SURRA,
TIGUE, WATERS, SEMMEL, SAYLOR, J. EVANS, WOJNAROSKI, DALEY,
LESCOVITZ, COY, BROWNE, ALLEN, McCALL, DALLY, FICHTER, HESS,
GEIST, KREBS, CALTAGIRONE, E. Z. TAYLOR, MACKERETH, DeLUCA,
STABACK, YUDICHAK, HORSEY, R. MILLER, PALLONE, JAMES,
S. H. SMITH, SAMUELSON, WILT, WALKO, HENNESSEY, PIPPY,
TRELLO, HERMAN, McNAUGHTON, LEH, FREEMAN, McILHINNEY, WATSON,
DAILEY, RUBLEY, MANDERINO, YOUNGBLOOD, COSTA, BELFANTI,
HASAY, MELIO, CRUZ, J. WILLIAMS AND McGILL, MAY 21, 2001
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, DECEMBER 4, 2001
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) 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
14 amended July 9, 1976 (P.L.935, No.180), is amended AND THE <--
1 SECTION IS AMENDED BY ADDING A CLAUSE to read:
2 Section 108. The term "occupational disease," as used in
3 this act, shall mean only the following diseases.
4 * * *
5 (m) Tuberculosis, serum hepatitis [or], infectious hepatitis
6 or hepatitis C in the occupations of blood processors,
7 fractionators, nursing, or auxiliary services involving exposure
8 to such diseases., in law enforcement occupations involving both <--
9 the legal power to arrest and exposure to such diseases, in
10 occupations where the persons so employed are known as
11 professional firefighters, volunteer firefighters, volunteer
12 ambulance corps personnel, volunteer rescue and lifesaving squad
13 personnel, emergency medical services personnel or paramedics
14 involving exposure to such diseases or in occupations where the
15 individuals so employed are known as State or county
16 correctional employes or forensic security employes of the
17 Department of Public Welfare involving duties including care,
18 custody and control of inmates and exposure to such diseases.
19 (M.1) HEPATITIS C IN THE OCCUPATIONS OF PROFESSIONAL AND <--
20 VOLUNTEER FIREFIGHTERS, VOLUNTEER AMBULANCE CORP PERSONNEL,
21 VOLUNTEER RESCUE AND LIFESAVING SQUAD PERSONNEL, EMERGENCY
22 MEDICAL SERVICES PERSONNEL AND PARAMEDICS, PENNSYLVANIA STATE
23 POLICE OFFICERS, POLICE OFFICERS REQUIRING CERTIFICATION UNDER
24 53 PA.C.S. CH. 21 (RELATING TO EMPLOYEES), AND COMMONWEALTH AND <--
25 COUNTY CORRECTIONAL EMPLOYES, AND FORENSIC SECURITY EMPLOYES OF
26 THE DEPARTMENT OF PUBLIC WELFARE, HAVING DUTIES INCLUDING CARE, <--
27 CUSTODY AND CONTROL OF INMATES INVOLVING EXPOSURE TO SUCH
28 DISEASE. HEPATITIS C IN ANY OF THESE OCCUPATIONS SHALL ESTABLISH <--
29 A PRESUMPTION THAT SUCH DISEASE IS AN OCCUPATIONAL DISEASE
30 WITHIN THE MEANING OF THIS ACT. THE PRESUMPTION SHALL NOT BE <--
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1 CONCLUSIVE AND SHALL BE REBUTTED IF: WITHIN THE MEANING OF THIS <--
2 ACT, BUT THIS PRESUMPTION SHALL NOT BE CONCLUSIVE AND MAY BE
3 REBUTTED. THIS PRESUMPTION SHALL BE REBUTTED IF:
4 (1) THE EMPLOYER HAS ESTABLISHED AN EMPLOYMENT SCREENING
5 PROGRAM, IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE
6 DEPARTMENT IN COORDINATION WITH THE DEPARTMENT OF HEALTH AND THE
7 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PUBLISHED IN THE
8 PENNSYLVANIA BULLETIN, AND TESTING PURSUANT TO THAT PROGRAM
9 ESTABLISHES THAT THE EMPLOYE INCURRED THE HEPATITIS C VIRUS
10 PRIOR TO ANY JOB-RELATED EXPOSURE;
11 (2) THE EMPLOYER HAS ESTABLISHED AN INCIDENT REPORTING
12 SYSTEM, IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE
13 DEPARTMENT IN COORDINATION WITH THE DEPARTMENT OF HEALTH AND THE
14 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PUBLISHED IN THE
15 PENNSYLVANIA BULLETIN, AND THE EMPLOYE DID NOT REPORT ANY
16 INCIDENT THAT BASED UPON REASONABLE MEDICAL CERTAINTY WAS
17 CAPABLE OF CAUSING AN EXPOSURE TO THE HEPATITIS C VIRUS; OR
18 (3) THE EMPLOYER HAS ESTABLISHED A HEPATITIS C TESTING
19 PROGRAM, IN ACCORDANCE WITH GUIDELINES ESTABLISHED BY THE
20 DEPARTMENT IN COORDINATION WITH THE DEPARTMENT OF HEALTH AND THE
21 PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY AND PUBLISHED IN THE
22 PENNSYLVANIA BULLETIN, AND THE TEST FAILED TO DISCLOSE THE
23 PRESENCE OF THE HEPATITIS C VIRUS IN THE EMPLOYE WITHIN A
24 REASONABLE TIME AFTER ANY EXPOSURE.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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