PRINTER'S NO. 239
No. 171 Session of 2005
INTRODUCED BY GOODMAN, ALLEN, BELFANTI, EACHUS, GERGELY,
W. KELLER, McGEEHAN, BOYD, CAPPELLI, SCAVELLO, DeWEESE, VEON,
ARGALL, BARRAR, BELARDI, BIANCUCCI, BROWNE, BUNT,
CALTAGIRONE, CAWLEY, CORRIGAN, CURRY, J. EVANS, FABRIZIO,
GEORGE, GINGRICH, GOOD, GRUCELA, HANNA, HARHAI, HASAY,
HENNESSEY, HERMAN, HUTCHINSON, JOSEPHS, LaGROTTA, LEACH,
LEDERER, LEVDANSKY, MAJOR, McCALL, S. MILLER, PALLONE,
PETRARCA, PISTELLA, READSHAW, REICHLEY, RUBLEY, SAINATO,
SAMUELSON, SANTONI, SATHER, SOLOBAY, TANGRETTI, THOMAS,
TIGUE, WALKO, WHEATLEY, YOUNGBLOOD, YUDICHAK, BISHOP AND
HARRIS, FEBRUARY 8, 2005
REFERRED TO COMMITTEE ON LABOR RELATIONS, FEBRUARY 8, 2005
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.
1 * * *
2 (m.1) Hepatitis C in the occupations of professional and
3 volunteer firefighters, volunteer ambulance corps personnel,
4 volunteer rescue and lifesaving squad personnel, emergency
5 medical services personnel and paramedics, Pennsylvania State
6 Police officers, Commonwealth and county probation and parole
7 officers, employes from the Department of Environmental
8 Protection who are exposed to the disease through the course of
9 their work in a field environment, police officers requiring
10 certification under 53 Pa.C.S. Ch. 21 (relating to employees),
11 and Commonwealth and county correctional employes, and forensic
12 security employes of the Department of Public Welfare, having
13 duties including care, custody and control of inmates involving
14 exposure to such disease. Hepatitis C in any of these
15 occupations shall establish a presumption that such disease is
16 an occupational disease within the meaning of this act, but this
17 presumption shall not be conclusive and may be rebutted. This
18 presumption shall be rebutted if the employer has established an
19 employment screening program, in accordance with guidelines
20 established by the department in coordination with the
21 Department of Health and the Pennsylvania Emergency Management
22 Agency and published in the Pennsylvania Bulletin, and testing
23 pursuant to that program establishes that the employe incurred
24 the Hepatitis C virus prior to any job-related exposure.
25 * * *
26 Section 2. This act shall take effect in 60 days.
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