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SEP 20 1921



Chapter 74, Session Laws of 1911, as Amended Sessions
1913, 1915, 1917, 1919 and 1921, and Other

Laws With Annotations

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H27816 17 w2

Wz 1921





Chapter 74, Laws of 1911, with Amendments.

[H. B. 14.]

An Act relating to the compensation of injured workmen in our in

dustries, and the compensation to their dependents where such injuries result in death, creating an Industrial Insurance Department, making an appropriation for its administration, providing for the creation and disbursement of funds for the compensation and care of workmen injured in hazardous employment, providing penalties for the non-observance of regulations for the prevention of such injuries and for violations of its provisions, asserting and exercising the police power in such cases, and, except in certain specified cases, abolishing the doctrine of negligence as a ground for recovery of damages against employers, and depriving the courts of jurisdiction of such controversies, and repealing sections 6594, 6595 and 6596 of Remington & Ballinger's Annotated Codes and Statutes of Washington, relating to employees in factories, mills or workshops where machinery is used, actions for the recovery of

damages and prescribing a punishment for violation thereof. Be it enacted by the Legislature of the State of Washington:

Section 6604-1. Declaration of Police Power.

The common law system governing the remedy of workmen against employers for injuries received in hazardous work is inconsistent with modern industrial conditions. In practice it proves to be economically unwise and unfair. Its administration has produced the result that little of the cost of the employer has reached the workman and that little only at large expense to the public. The remedy of the workman has been uncertain, slow and inadequate. Injuries in such works, formerly occasional, have become frequent and inevitable. The welfare of the state depends upon its industries, and even more upon the welfare of its wage-worker. The State of Washington, therefore, exercising herein its police and sovereign power, declares

Police that all phases of the premises are withdrawn from private con- power. troversy, and sure and certain relief for workmen, injured in extra-hazardous work, and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as otherwise provided in this act; and to that end all civil actions and civil causes of action for such personal injuries and all jurisdictions of the courts of the state over such causes are Abolishes hereby abolished, except as in this act provided. (L. '11, Ch. 74.) causes of

action. ACT has no extra-territorial effect. (Op. Atty. Gen., July 15, 1915, August 2, 1921.)

ACTION cannot be maintained for damages by employees in the industries enumerated, except in Section 3 where a right of


action for injuries away from the plant through the negligence of a third person is permitted. (Op. Atty. Gen., March 2, 1916. Peet v. Mills, 76 W. 437.)

ADMIRALTY and Interstate Commerce are under Federal jurisdiction and outside the scope of the act. (See Section 18 and Notes.)

CAUSES OF ACTION withdrawn from courts. (Repogle v. Seattle, Dist. No. 1, 84 W. 581.)

INDUSTRIAL INSURANCE ACT is a valid exercise of police power, (State v. Mountain Timber Co., 243 U. S. 219), and is constitutional in all respects, (State ex rel. Davis-Smith Co. v. Clausen, 65 W. 156), (Stertz v. Ind. Ins. Com., 91 W. 588), (State v. Postal Telegraph Cable Co., 101 W. 630), (State ex rel. Pratt v. Seattle, 73 W. 396).

JURY TRIAL may be dispensed with under act without violation of constitutional guaranty. (Raymand v. C., M. & St. P. Ry. Co., 233 Fed. 239.)

Extra hazardous occupations.

Sec. 6604-2. Enumeration of Extra Hazardous Works.

There is a hazard in all employment, but certain employments have come to be, and to be recognized as being, inherently constantly dangerous. This act is intended to apply to all such inherently hazardous works and occupations, and it is the purpose to embrace all of them, which are within the legislative jurisdiction of the state, in the following enumeration, and they are intended to be embraced within the term “extra-hazardous" wherever used in this act, to-wit:

Factories, mills and workshops where machinery is used; printing, electrotyping, photo-engraving and stereotyping plants where machinery is used; foundries, blast furnaces, mines, wells, gas works, water works, reduction works, breweries, elevators, wharves, docks, dredges, smelters, powder works; laundries operated by power; quarries; engineering works; logging, lumbering and ship-building operations; logging, street and interur. ban railroads; building being constructed, repaired, moved or demolished; telegraph, telephone, electric light or power plants or lines, steam heating or power plants, steamboats, tugs, ferries and railroads, general warehouse and storage; transfer, drayage and hauling; warehousing and transfer; fruit warehouse and packing houses. If there be or arise any extra hazardous occupation or work other than those hereinabove enumerated, it shall come under this act, and its rate of contribution to the accident fund hereinafter established, shall be, until fixed by legislation, determined by the department herinafter created, upon the basis of the relation which the risk involved bears to the risks classified in section 4.

The director of labor and industries through and by means of the division of industrial insurance shall have power, after hearing had upon its own motion, or upon the application of any party interested, to declare any occupation or work to be extra-hazardous and to be under this act. The director of labor

Hearings for determining extra hazardous occupations.

and industries shall fix the time and place of such hearing, and shall cause notice thereof to be published once at least ten days before the hearing in at least one daily newspaper of general circulation, published and circulated in each city of the first class in this state. No defect or inaccuracy in such notice or in the publication thereof shall invalidate any order issued by the director of labor and industries after hearing had. Any person affected shall have the right to appear and be heard at any such hearing. Any order, finding or decision of the director of labor and industries made and entered under the foregoing provisions of this act shall be subject to review by the courts within the time Court

review. and in the manner specified in section 6604-20, and not otherwise. (L. '21, Ch. 182.)


AGRICULTURAL WORK and work incidental thereto, such as land clearing by farm hands working part of the day at their farm duties, is not within the scope of the act. (Op. Atty. Gen., Sept. 8, 1911); but the operation of a box factory, creamery and machine shop contained within the boundaries of a farm and land clearing by farm hands devoting their entire time to it, is covered. (Op. Atty. Gen., July 15, 1915).

BASEBALL teams maintained by employers for advertising purposes are not engaged in an extra-hazardous business under the act. (Op. Atty. Gen., June 7, 1915).

COOKS working in such proximity to the operation of an employer engaged in an extra-hazardous occupation as to be subject to the hazard are under the act; in other cases cooks working for such employers will be within the scope of the act where the commission is notified before any injury and premiums are paid, (Resolution of Commission, Nov. 24, 1920).

ELEVATORS operated in office, hotel and public buildings are not within the scope of the act. (Guerrieri v. Ind. Ins. Com., 84 W. 266), but where operated in connection with an enterprise of an extra-hazardous nature, elevators are included under the main operation. (Op. Atty. Gen., Sept. 5, 1911).

EMPLOYEES OF DEPARTMENT STORES, rental firms, and other employers whose business is not extra-hazardous are nevertheless under the act they are individually engaged in extrahazardous work, such as carpentry, making alterations and repairs, etc. (Wendt v. Ind. Ins. Com., 80 W. 111), (State v. Business Property Security Co., 87 W. 627).

FARMERS' TELEPHONE LINES, incorporated, unincorporated, mutual or otherwise are under the act. (Op. Atty. Gen., March 18, 1915).

FEDERAL EMPLOYEES are not covered by act. (See Sec. 17 with notes).

FOREST FIRE PATROLMEN are not covered by the act. (Op. Atty. Gen., Mar. 2, 1916).

INSPECTORS of mines, industrial plants, etc., are not within the scope of the act, (Op. Atty. Gen., Oct. 7, 1913); either where employed by the state or by private parties in other occupations than the one inspected. (Op. Atty. Gen., Mar. 30, 1916).

IRRIGATION company engaged in the construction of a canal and operation of a stone crusher is an employer engaged in extrahazardous work. (Op. Atty. Gen., June 4, 1914).

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