Senate panel approves Holy bills addressing COVID-19 issues

OLYMPIA - Two bills sponsored by 6th District Sen. Jeff Holy addressing issues arising since the start of the COVID-19 pandemic have been approved by the Senate Labor, Commerce and Tribal Affairs Committee. 

According to a Feb. 12 news release, the panel on Feb. 11 passed Substitute Senate Bill 5190, which would provide health-care workers with presumptive benefits during a public-health emergency. The bipartisan bill specifically would make health-care workers eligible for unemployment-insurance benefits for workers who are terminated or left work to quarantine during a public-health emergency. SSB 5190 also would provide presumptive workers' compensation coverage for health-care workers who contract the disease that is the subject of a public-health emergency. 

"This is a common-sense bill that tries to solve a real problem faced by health-care workers during this COVID crisis," Holy, R-Cheney said in a statement. "Health-care workers face a very direct and immediate threat when they have to treat patients with infectious diseases."

Holy said he was approached by health care workers in the 6th District who had reportedly told by their employers they had to take unpaid leave while quarantining due to a possible exposure or an infection.

"When we are facing this type of emergency in our state and country, we need to take care of the people who are being asked to step up and take care of the public," Holy added.

Supporters of the bill included the Washington State Nurses Association and several chapters of the Service Employees International Union and the Long-Term Caregivers Union. Speaking against the measure was the Association of Washington Businesses and the Washington Self Insurers Association, who expressed concerns about "unintended consequences" the bill would have on staffing and the possibility of evidence standards for claims opening up employers to third-party claims.

Also speaking to the bill were representatives from the state Labor and Industries department and the Washington State Hospital Association, noting that there have been about 3,700 workers compensation claims of these types, of which 3% have been rejected. Regular workers' compensation claims have a 10 % rejection rate.

SSB 5190 has now moved to the Senate Rules Committee for a second reading.

The committee also advanced Substitute Senate Bill 5333, which would prohibit clauses in a public-works contract from waiving, releasing or extinguishing the rights of a contractor to damages or an equitable adjustment arising out of a delay in performance caused by the COVID-19 pandemic emergency proclamations. 

Holy introduced the bill after listening to concerns mentioned by the Associated General Contractors about challenges caused by the pandemic that have faced contractors. 

"The COVID-19 pandemic significantly changed the conditions under which many contracts had reached agreement, including a lack of availability of materials," Holy said. "Mandates requiring social distancing, additional cleaning, handwashing and personal-protection equipment have slowed projects and increased costs. Contractors are responsible for many of these increased costs. This bill provides flexibility so a contractor can adjust to a situation none of us has ever experienced before."

SSB 5333 has been sent to the Senate Ways and Means Committee for more consideration.