§ 31-396 — Definitions.

As used in sections 31-396 to 31-403, inclusive: (1) “Occupational disease” means any disease which is peculiar to an occupation, or related to an occupation, in which an employee was or is engaged and which is due to causes, in excess of the ordinary hazards of employment which are attributable to such occupation, and includes, but is not limited to, (A) any disease due to or attributable to exposure to or contact with any radioactive material by an employee in the course of his employment, (B) poisoning from lead, phosphorus, arsenic, brass, wood alcohol or mercury or their compounds or from anthrax or compressed air illness, (C) chronic diseases affecting organ systems, including, but not limited to, the cardiovascular and musculoskeletal systems, and (D) any other diseases, contracted as a result of the employment of a person, which is due to toxic or hazardous chemicals, materials, gases or other substances identified by the United States Department of Labor pursuant to occupational safety and health standards contained in 29 CFR Chapter XVII, as from time to time amended. (2) “Occupational health clinic” means any public or nonprofit medical facility that: (A) Provides diagnosis, treatment and preventative services for patients with occupational diseases, (B) provides public, professional and clinical outreach and training programs regarding such diseases, and (C) is licensed by the state for such purposes. These services shall include, but shall not be limited to outpatient care, medical surveillance, data collection, and the assessment of work place exposure. (3) “Auxiliary occupational health clinic” means any general hospital, or any other medical facility which is approved by the Labor Commissioner in accordance with regulations adopted pursuant to section 31-401 , which operates a corporate medicine program or an employee wellness program which includes any of the following: (A) Routine commercial activities, such as preemployment examinations, (B) mandated examinations, such as Federal Occupational Safety and Health Administration examinations, (C) routine workers' compensation cases, (D) routine medical evaluations involving establishment of product liability, (E) evaluations consigned to independent medical examiners, (F) employee physical programs, (G) employee wellness programs, or (H) employee drug testing programs. (4) “Occupational physician” means any doctor licensed to practice medicine in the state who has been certified or found eligible for certification in occupational medicine by the American Board of Preventive Medicine. (5) “Surveillance” means the detection by epidemiologic means of disease states or significant laboratory abnormalities. Surveillance activities may involve the interpretation of existing data or the active pursuit of new data and disease associations, provided surveillance activities shall not include preemployment related physicals, insurance examinations or other data collection activities of a purely commercial nature, may incorporate the experience of other states, particularly those in the northeast, and may include technical support available through the National Institute for Occupational Safety and Health.

Legislative History

(P.A. 90-226, S. 1, 10; P.A. 15-47, S. 1.) History: (Revisor's note: In 1997 a reference in Subdiv. (3) to “Commissioner of Labor” was replaced editorially by the Revisors with “Labor Commissioner” for consistency with customary statutory usage); P.A. 15-47 redefined “occupational disease” in Subdiv. (1), “occupational health clinic” in Subdiv. (2) and “occupational physician” in Subdiv. (4), and made technical changes in Subdiv. (3).