FINAL BILL REPORT

2SHB 2663

PARTIAL VETO

C 337 L 02

Synopsis as Enacted

Brief Description:  Changing conditions that are presumed to be occupational diseases of fire fighters.

Sponsors:  By House Committee on Appropriations (originally sponsored by Representatives Conway, Clements, Cooper, Reardon, Sullivan, Delvin, Simpson, Armstrong, Hankins, Benson, Cairnes, Lysen, Kirby, Edwards, Chase, Kenney, Campbell, Barlean, Santos, Talcott, Wood and Rockefeller).

House Committee on Commerce & Labor

House Committee on Appropriations

Senate Committee on Labor, Commerce & Financial Institutions

Senate Committee on Ways & Means

Background:

A worker who, in the course of employment, is injured or suffers disability from an occupational disease is entitled to benefits under Washington's industrial insurance law.  To prove an occupational disease, the injured worker must show that the disease arose "naturally and proximately" out of employment.

Members of the law enforcement officers' and fire fighters' retirement system plan II (LEOFF II) are covered for workplace injuries and occupational diseases under the industrial insurance law.  For LEOFF II supervisory and actively employed full‑time fire fighters, the industrial insurance law provides a presumption that respiratory diseases are occupational diseases.  This presumption may be rebutted by a preponderance of controverting evidence, including the use of tobacco products, physical fitness, lifestyle, hereditary factors, and exposure from other employment or nonemployment activities.  The presumption extends to a covered fire fighter for up to five years after terminating service (three months for each year of service).

A number of states allow fire fighters to use presumptions to establish that cancer, heart disease, various infectious diseases, or other conditions are work‑related under disability or workers' compensation laws.

Summary:

Legislative findings are made concerning the exposure of fire fighters to hazardous substances in fire environments and the increased risk of developing various conditions.

Three new categories are added to the list of diseases presumed to be occupational diseases for specified fire fighters under the industrial insurance law:

$heart problems experienced within 72 hours of exposure to smoke, fumes, or toxic substances;

$primary brain cancer, malignant melanoma, leukemia, non-Hodgkin's lymphoma and bladder, ureter, and kidney cancer.  To be covered, an active or former fire fighter must have cancer that developed or manifested itself after at least 10 years of service and must have had a qualifying medical examination at the time of becoming a fire fighter that showed no evidence of cancer; 

$infectious diseases.  "Infectious disease" means HIV/acquired immunodeficiency syndrome, all strains of hepatitis, meningococcal meningitis, and mycobacterium tuberculosis.

These new presumptions apply to supervisory and active full‑time fire fighters in public employment who are covered by industrial insurance.  In addition, the existing presumption for respiratory disease and the new presumptions apply to full‑time, fully compensated fire fighters, including supervisors, employed by a private sector employer's fire department that has more than 50 fire fighters.

Beginning July 1, 2003, the occupational disease presumptions do not apply to a fire fighter who develops a heart or lung condition and is a regular user of tobacco products or has a history of tobacco use.  The extent of tobacco use that excludes a fire fighter from the presumption must be defined in administrative rule.

Votes on Final Passage:

House980

Senate480(Senate amended)

House940(House concurred)

Effective:  June 13, 2002

Partial Veto Summary:  The Governor vetoed the legislative findings concerning the association of certain diseases with the employment conditions to which fire fighters are exposed.