Washington state Gov. Jay Inslee on Wednesday signed into law a bill that is expected to increase the number of Hanford Site workers’ compensation claims approved by the state Department of Labor and Industries.
The legislation would require the state to presume a wide range of illnesses were caused by working for as little as eight hours at Hanford. Currently, workers must show a disease arose from employment at the former plutonium production complex and current cleanup site, even though it is difficult to prove what toxin might have caused the illness, particularly those that could be linked to exposure to chemical vapors associated with radioactive tank waste.
Diseases covered by the law include respiratory and neurological diseases; beryllium sensitization or disease; heart problems if symptoms develop within 72 hours of exposure to toxins; and many cancers. The presumption that the illness is tied to Hanford could be rebutted by clear and convincing evidence of a connection to factors such as smoking, weight, hereditary factors, or lifestyle.
The law will take effect 90 days after the adjournment of the state Legislature, which could be as soon as today.
“Washington state has recognized the often terrible price Hanford workers on the front lines of nuclear production and cleanup have to pay for their service to the nation,” said Tom Carpenter, executive director of Hanford Challenge, which promoted the bill, in a statement. The bill removes unfair barriers that have prevented employees from qualifying for state workers’ compensation, he said.
Business and insurance organizations have opposed the bill. “The bill is breathtaking in its scope and inclusivity,” according to a summary of their concerns prepared by legislative staff for the final bill report. “The bill does not take into account any nexus between conditions and any particular class of workers or exposures.”
In response to some insurance industry concerns, the bill was amended to apply only to locations within the 580-square-mile nuclear reservation where plutonium was produced and locations being used for environmental cleanup work. It lists the entire Central Plateau and Columbia River Corridor, including the 200 East and West Areas, the 300 Area, and the Environmental Restoration Disposal Facility.
The Department of Energy is self-insured for state workers’ compensation at Hanford and has a contractor, currently Penser North America, which administers claims. The state agency decides whether to accept or reject claims. DOE has had no comment on the legislation as it has moved through the Legislature over the last two years.
Workers have testified before state Senate and House committees that their state claims are routinely rejected. Claims from personnel at Hanford have been denied at five time the rate of other self-insured employers in the state over the last five years, according to Hanford Challenge. The watchdog group also said the workers’ compensation program is fraught with opportunities for DOE interference and that workers who contest the denial of their claims are met with aggressive legal tactics from the federal agency.
The new law will allow workers or their survivors to refile claims that have been denied, according to Hanford Challenge. New claims may be filed at any time within a worker’s lifetime, due to the years that may pass before an exposure to toxins to result in disease.
The bill was introduced last year, with much of the discussion about the need to change the law related to worker exposures to chemical vapors. The bill passed the House in 2017 but failed to reach a vote in a Senate committee before a cutoff date for certain bills set by the Washington state Legislature. Interest in the bill was renewed with the discovery of the partially collapsed PUREX Plant waste tunnel in May. The bill passed both the House and the Senate this year, with the Senate newly under Democratic control like the House.
The bill was sponsored by Republican Rep. Larry Haler, a retired Hanford worker, who does not plan to run for an eighth term in the Legislature. “Knowing that sick Hanford workers will now have more options than before, more hope than before, that is something I’m proud of,” he said. “This has been one of the highlights of my legislative career.”
