OLR Bill Analysis
AN ACT CONCERNING WORKERS' COMPENSATION PRESUMPTIONS FOR METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS FOR EMPLOYEES OF THE DEPARTMENT OF CORRECTION.
This bill establishes a rebuttable presumption that a Department of Correction (DOC) employee who suffers a condition or health impairment caused by methicillin-resistant staphylococcus aureus (MRSA) that requires medical treatment and results in total or partial incapacity or death, sustained the condition or impairment in the course of employment. Unless competent evidence shows the contrary, the employee is entitled to workers' compensation benefits.
To qualify for the presumption, the bill requires the employee to:
1. complete a physical exam, when starting employment, that does not show evidence of the condition, health impairment, or any immune system compromise and
2. present a written affidavit declaring that within the 12 days before diagnosis, to the best of his or her knowledge and belief, he or she was not exposed outside the scope of employment to anyone known to have MRSA or be an asymptomatic carrier of the bacterium.
The bill requires DOC to maintain records of any known or reasonably suspected exposure of employees to MRSA and immediately notify an employee of such an exposure. An employee must file an incident or accident report with DOC each time the employee knows or suspects occupational exposure to MRSA. Occupational exposure is an exposure occurring while performing the basic duties of employment.
EFFECTIVE DATE: October 1, 2009
COMMITTEE ACTION
Labor and Public Employees Committee
Joint Favorable
Yea |
8 |
Nay |
2 |
(03/05/2009) |