STAND. COM. REP. NO. 2610

Honolulu, Hawaii

RE:    S.B. No. 3078

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 3078, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO WORKSITE WELLNESS PROGRAMS,"

begs leave to report as follows:

     The purpose of this measure is enact a worksite wellness law to grant immunity to employers from personal injury claims by an injured employee worksite wellness program participant where the employee is provided workers' compensation benefits.

     Your Committee received testimony in support of this measure from the Department of Health and the Hawaii Government Employees Association.

     Worksite wellness refers to the policies and practices that support profitability for the organization and employability for the individual.  Recent empirical research validates that health promotion programs at the worksite can improve health, save money, and produce a return on investment.  A United States Department of Health and Human Services report in 2002 revealed that at worksites with physical activity programs, employers have:

     (1)  Reduced healthcare costs by twenty to fifty-five per cent;

     (2)  Reduced short-term sick leave by six to thirty-two per cent; and

     (3)  Increased productivity by two to fifty-two per cent.

     More and more states and companies are building world-class wellness programs.  As the costs of health benefits continue to rise, employers have an opportunity to impact the health of employees through changes to the workplace environment and the culture of the worksite.

     The Department of Health has implemented a demonstration pilot program with employees to encourage increased physical activity and healthy eating.  Thirty minutes of moderate physical activity a day for adults can be achieved when people break the thirty minutes into ten minute sessions and will more likely be sustained when done in a supportive team environment.

     However, concerns over liability for injury or damage that may occur during voluntary participation in worksite physical activity promotions are deterrents to employees and their supervisors.  These issues had a dampening effect on organizing employee team physical activity opportunities.

     Your Committee finds that granting immunity from liability to state and county agencies and authorizing workers' compensation benefits for injured employees will encourage the formation of and participation in government worksite wellness programs.

     Your Committee has amended this measure by making technical, nonsubstantive amendments.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3078, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3078, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

BRIAN T. TANIGUCHI, Chair