WSR 03-12-046

PERMANENT RULES

DEPARTMENT OF

LABOR AND INDUSTRIES

[ Filed May 30, 2003, 11:53 a.m. , effective July 1, 2003 ]

Date of Adoption: May 30, 2003.

Purpose: Industrial insurance rules: Presumptive coverage and tobacco use for fire fighters WAC 296-14-310, 296-14-315, 296-14-320, 296-14-325, and 296-14-330, to define the extent of tobacco use that shall exclude a fire fighter from receiving presumptive coverage for a heart or lung condition under the Industrial Insurance Act.

Statutory Authority for Adoption: RCW 51.04.020, 51.32.185.

Adopted under notice filed as WSR 03-06-074 on March 4, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 5, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 5, Amended 0, Repealed 0.
Effective Date of Rule: July 1, 2003.

May 30, 2003

Paul Trause

Director

OTS-6162.1


NEW SECTION
WAC 296-14-310   When does a presumption of occupational disease for fire fighters apply?   RCW 51.32.185 specifies a presumption that certain medical conditions are occupational diseases for fire fighters. Those conditions are heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substances; respiratory disease; specific cancers as defined by RCW 51.32.185; and infectious diseases as defined by RCW 51.32.185.

For claims filed on or after July 1, 2003, the presumption may not apply to heart or lung conditions if a fire fighter is a user of tobacco products.

When the presumption does not apply, the claim is not automatically denied. However, the burden is on the worker to prove that the condition is an occupational disease.

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NEW SECTION
WAC 296-14-315   Definitions.   (1) Tobacco products: For purposes of this rule, tobacco products are limited to those that are smoked, including cigarettes, pipes and cigars.

(2) User of tobacco products: For the purposes of this rule, a user of tobacco products is a "smoker."

(3) Current smoker: A current smoker is a regular user of tobacco products, has smoked tobacco products at least one hundred times in his/her lifetime, and as of the date of manifestation did smoke tobacco products at least some days.

(4) Former smoker: A former smoker has a history of tobacco use, has smoked tobacco products at least one hundred times in his/her lifetime, but as of the date of manifestation did not smoke tobacco products.

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NEW SECTION
WAC 296-14-320   Does the presumption apply to current smokers with heart or lung conditions?   No. The presumption never applies to current smokers with heart or lung conditions.

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NEW SECTION
WAC 296-14-325   When does the presumption apply to former smokers with heart or lung conditions?   (1) Heart problems: The presumption for heart problems will apply if a fire fighter is a former smoker and last smoked two years or more prior to the cardiac event.

(2) Lung conditions: The presumption for lung conditions will apply:

(a) For asthma if the fire fighter is a former smoker who last smoked five years or more prior to the date of manifestation of the disease; or

(b) For COPD/emphysema/chronic bronchitis if the fire fighter is a former smoker who last smoked fifteen years or more prior to the date of manifestation of the disease; or

(c) For lung cancer if the fire fighter is a former smoker who last smoked fifteen years or more prior to the date of manifestation of the disease.

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NEW SECTION
WAC 296-14-330   What tobacco use shall exclude a fire fighter from a presumption of coverage?   The following table summarizes the situations listed in WAC 296-14-310 through 296-14-325 under which a presumption of coverage shall or shall not apply for fire fighters due to tobacco use.

Medical condition Presumptions shall not apply Presumption shall apply
Heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substance Current smoker Fire fighters that never smoked tobacco
Former smoker who last smoked less than two years prior to the cardiac event Former smoker who last smoked two years or more prior to the cardiac event
Asthma

Current smoker Fire fighters that never smoked tobacco
Former smoker who last smoked less than five years before date of manifestation of the disease Former smoker who last smoked five years or more before date of manifestation of the disease
COPD/emphysema/chronic bronchitis

Current smoker Fire fighters that never smoked tobacco
Former smoker who last smoked less than fifteen years before date of manifestation of the disease Former smoker who last smoked fifteen years or more before date of manifestation of the disease
Lung cancer

Current smoker Fire fighters that never smoked
Former smoker who last smoked less than fifteen years before date of manifestation of the disease Former smoker who last smoked fifteen years or more before date of manifestation of the disease

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