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.
(1) The legislature finds that:
(a)
Benzene is detected in most fire environments and has been associated with
leukemia and multiple myeloma. Given the established exposure to benzene in a
fire environment, there is biologic plausibility for fire fighters to be at
increased risk of these malignancies;
(b)
Increased risks of leukemia and lymphoma have been described in several
epidemiologic studies of fire fighters. The risks of leukemia are often two or
three times that of the population as a whole, and a two-fold risk of
non-Hodgkin's lymphoma has also been found;
(c)
Epidemiologic studies assessing fire fighters' cancer risks concluded that
there is adequate support for a causal relationship between fire fighting and
brain cancer;
(d)
Fire fighters are exposed to polycyclic aromatic hydrocarbons as products of
combustion and these chemicals have been associated with bladder cancer. The
epidemiologic data suggests fire fighters have a three-fold risk of bladder
cancer compared to the population as a whole;
(e)
A 1990 review of fire fighter epidemiology calculated a statistically
significant risk for melanoma among fire fighters;
(f)
Fire fighters are exposed to extremely hazardous environments. Potentially
lethal products of combustion include particulates and gases and are the major
source of fire fighter exposures to toxic chemicals; and
(g)
The burning of a typical urban structure containing woods, paints, glues,
plastics, and synthetic materials in furniture, carpeting, and insulation
liberates hundreds of chemicals. Fire fighters are exposed to a wide variety
of potential carcinogens, including polycyclic aromatic hydrocarbons in soots,
tars, and diesel exhaust, arsenic in wood preservatives, formaldehyde in wood
smoke, and asbestos in building insulation.
(2)
The legislature further finds that some occupational diseases resulting from
fire fighter working conditions can develop slowly, usually manifesting
themselves years after exposure.
*Sec. 1 was vetoed. See message at end of chapter.
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 and fire fighters, including supervisors,
employed on a full-time, fully compensated basis as a fire fighter of a private
sector employer's fire department that includes over fifty such fire fighters,
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, or toxic 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))
Such 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 presumptions established in subsection (1) 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 only
apply to any active or former fire fighter who has cancer that develops or
manifests itself after the fire fighter has served at least ten years and who
was given a qualifying medical examination upon becoming a fire fighter that
showed no evidence of cancer. The presumption within subsection (1)(c) of this
section shall only apply to primary brain cancer, malignant melanoma, leukemia,
non-Hodgkin's lymphoma, bladder cancer, ureter cancer, and kidney cancer.
(4)
The presumption established in subsection (1)(d) of this section shall be
extended to any fire fighter who has contracted any of the following infectious
diseases: Human immunodeficiency virus/acquired immunodeficiency syndrome, all
strains of hepatitis, meningococcal meningitis, or mycobacterium tuberculosis.
(5)
Beginning July 1, 2003, this section does not apply to a fire fighter who
develops a heart or lung condition and who is a regular user of tobacco
products or who has a history of tobacco use. The department, using existing
medical research, shall define in rule the extent of tobacco use that shall
exclude a fire fighter from the provisions of this section.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 1, Second Substitute House Bill No.
2663 entitled:
"AN
ACT Relating to occupational diseases affecting fire fighters;"
Second Substitute House
Bill No. 2663 creates a rebuttable prima facie presumption that certain heart
problems, cancer and infectious diseases are occupational diseases for fire
fighters covered by industrial insurance. This is a law that I strongly
support.
However, the assumptions
in section 1 of this bill have not been clearly validated by science and
medicine. Allowing those assumptions to become law could have several
unintended consequences, including modifying the legal basis of the
presumptions in section 2 of the bill, providing an avenue for the allowance of
disease claims in other industries; and unnecessarily limiting the use of new
scientific information in administering occupational disease claims.
For these reasons, I have
vetoed section 1 of Second Substitute House Bill No. 2663.
With
the exception of section 1, Second Substitute House Bill No. 2663 is
approved."
