H-3716.1  _______________________________________________

                          HOUSE BILL 2502

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Edmonds, Hurst, Wood, Conway, Cooper, Delvin, Haigh, Keiser and O'Brien

Read first time 01/14/2000.  Referred to Committee on Commerce & Labor.

Creating a presumption of occupational disease for fire fighters.

    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 that the employment of fire fighters exposes them to smoke, fumes, and toxic or chemical substances.  The legislature recognizes that fire fighters as a class have a higher rate of such exposure than the general public subjecting them to heart problems, such as atrial fibrillations.  The legislature therefore declares that heart problems, including atrial fibrillations, that are experienced within one day of exposure to smoke, fumes, and toxic or chemical substances are presumed to be occupationally related for industrial insurance purposes for fire fighters.

    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)) and (b) heart problems, including atrial fibrillations, that are experienced within twenty-four hours of exposure to smoke, fumes, and toxic or chemical substances 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.

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