Bill Text: HI HB1503 | 2017 | Regular Session | Introduced

Hawaii House Bill 1503 (Prior Session Legislation)

Introduced

Bill Title: Relating To Workforce Health.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2017-01-30 - Referred to LAB, HLT, FIN, referral sheet 6 [HB1503 Detail]

Download: Hawaii-2017-HB1503-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1503
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

Relating to workforce health.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the State of Hawaii needs to implement mandatory testing of workers who handle restricted use pesticides. Health risks may be reduced through early recognition and reporting of suspected pesticide-related illnesses.

The purpose of this Act is to implement a requirement that all workers who handle restricted use pesticides undergo mandatory medical checks by the department of health.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . workforce health

§321- Definitions. As used in this part, the following words have the following meanings:

"Employment" means any worker on a full-time basis with a normal workweek of twenty hours or more.

"Worker" means commercial pesticide applicator, certified pesticide applicator, pest control operator, private pesticide applicator, or any other individual that handles the application of restricted use pesticides.

§321- Medical checks for at-risk workers. (a) The department shall mandate medical testing for workers who handle restricted use pesticides in accordance with the principles stated in this section.

(b) Testing shall be covered by insurance under section 87A-15, or through insurers issuing comprehensive medical plans under part I of article 10A of chapter 431 or mutual benefit societies under article 1 of chapter 432.

(c) Testing shall be performed in accordance with protocols for healthcare providers and shall include, but is not limited to:

(1) Performing a test prior to the commencement of

employment;

(2) Testing each year for the duration of a worker's

employment as part of the worker's yearly medical

examination; and,

(3) Performing a test upon termination of employment.

(d) The department shall submit an annual report to the legislature no later than twenty days prior to the convening of each regular session, beginning with the regular session of 2018. The annual report shall not include any personally identifiable information of any participant, but shall include:

(1) The total number of workers;

(2) The geographic radius of workers;

(3) Demographics of workers;

(4) Length of time workers have been in their employment position; and

(5) Levels of pesticide exposure found in workers.

(e) Workers' information and test results shall remain anonymous and confidential, notwithstanding that the information shall be subject to health surveillance pursuant to chapter 324; provided that all information transmitted and reported be in compliance with The Health Insurance Portability and Accountability Act of 1996, P.L. 104-191.

(f) A worker may be exempt from testing on the grounds that it conflicts with that person's bona fide religious tenets and practices.

(g) The department may adopt rules pursuant to chapter 91 to effectuate this section."

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Pesticides; Medical Testing; Health; Pesticide spraying; Pesticide workers.

Description:

Establishes a requirement that all workers who handle restricted use pesticides are to undergo mandatory medical checks by the department of health.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.