S-0942.1 _______________________________________________
SENATE BILL 5411
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State of Washington 57th Legislature 2001 Regular Session
By Senators Patterson, Zarelli, Gardner, Costa, Roach, Constantine, Prentice, Winsley, Kohl‑Welles, McAuliffe and Rasmussen
Read first time 01/22/2001. Referred to Committee on Labor, Commerce & Financial Institutions.
AN ACT Relating to occupational diseases affecting fire fighters; amending RCW 51.32.185; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds and declares that by reason of their employment, fire fighters are required to work in the midst of and are subject to smoke, fumes, infectious diseases, and toxic or chemical substances; that fire fighters are continually exposed to a vast and expanding field of hazardous substances; that fire fighters are constantly entering uncontrolled environments to save lives, provide emergency medical services, and reduce property damage and are frequently not aware or informed of the potential toxic, carcinogenic, and infectious diseases that they may be exposed to; that fire fighters, unlike other workers, are often exposed simultaneously to multiple carcinogens; that fire fighters so exposed can potentially and unwittingly expose coworkers, families, and members of the public to infectious diseases; and that exposures to fire fighters, whether cancer, infectious diseases, and heart or respiratory disease develop very slowly, usually manifesting themselves years after exposure. The legislature further finds and declares that all the aforementioned conditions exist and arise out of or in the course of such employment.
Sec. 2. RCW 51.32.185 and 1987 c 515 s 2 are each amended to read as follows:
(1) In the case of fire
fighters as defined in RCW 41.26.030(4) (a), (b), and (c) who are covered under
Title 51 RCW, there shall exist a prima facie presumption that: (a) Respiratory
disease ((is an)); (b) heart problems that are experienced within
seventy-two hours of exposure to smoke, fumes, and toxic or chemical
substances; (c) cancer; and (d) infectious diseases are occupational
diseases under RCW 51.08.140. This presumption of occupational disease
may be rebutted by a preponderance of the evidence controverting the presumption.
Controverting evidence may include, but is not limited to, use of tobacco
products, physical fitness and weight, lifestyle, hereditary factors, and
exposure from other employment or nonemployment activities.
(2) The presumption established in subsection (1)(a) of this section shall be extended to an applicable member following termination of service for a period of three calendar months for each year of requisite service, but may not extend more than sixty months following the last date of employment.
(3) The presumption established in subsection (1)(c) of this section shall be extended to any active fire fighter who is unable to perform his or her duties in the fire department by reason of a disabling cancer, which develops or manifests itself during a period while the fire fighter has served a total of ten or more years and a qualifying medical examination given prior to the time of his or her joining the department showed no evidence of cancer. The presumption within subsection (1)(c) of this section shall only apply to cancers affecting the skin, breasts, central nervous system, or lymphatic, digestive, hematological, urinary, skeletal, oral, or reproductive systems.
(4) The presumption established in subsection (1)(d) of this section shall be extended to any active fire fighter who is exposed to an infectious disease by means of a communicable disease transmittable through an exposure, including, but not limited to, acquired immunodeficiency syndrome, hepatitis A, hepatitis B, hepatitis C, meningococcal meningitis, and mycobacterium tuberculosis.
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