PRINTER'S NO. 1659
No. 1264 Session of 2002
INTRODUCED BY MOWERY, GERLACH, ORIE, TARTAGLIONE, COSTA,
ERICKSON, LEMMOND, KITCHEN, LOGAN AND PUNT, JANUARY 23, 2002
REFERRED TO LABOR AND INDUSTRY, JANUARY 23, 2002
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 * * *
18 (m.1) Hepatitis C in the occupations of professional and
19 volunteer firefighters, volunteer ambulance corp personnel,
20 volunteer rescue and lifesaving squad personnel, emergency
21 medical services personnel and paramedics, Pennsylvania State
1 Police officers, police officers requiring certification under
2 53 Pa.C.S. Ch. 21 (relating to employees), and Commonwealth and
3 county correctional employes, [and] forensic security employes
4 of the Department of Public Welfare, having duties including
5 care, custody and control of inmates involving exposure to such
6 disease, and coroners. Hepatitis C in any of these occupations
7 shall establish a presumption that such disease is an
8 occupational disease within the meaning of this act, but this
9 presumption shall not be conclusive and may be rebutted. This
10 presumption shall be rebutted if the employer has established an
11 employment screening program, in accordance with guidelines
12 established by the department in coordination with the
13 Department of Health and the Pennsylvania Emergency Management
14 Agency and published in the Pennsylvania Bulletin, and testing
15 pursuant to that program establishes that the employe incurred
16 the Hepatitis C virus prior to any job-related exposure.
17 * * *
18 Section 2. This act shall take effect immediately.
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