Legislature(2019 - 2020)BARNES 124
02/24/2020 03:15 PM House LABOR & COMMERCE
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| Audio | Topic |
|---|---|
| Start | |
| HB84 | |
| HB215 | |
| HB235 | |
| HB113 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 84 | TELECONFERENCED | |
| *+ | HB 215 | TELECONFERENCED | |
| += | HB 235 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 113 | TELECONFERENCED | |
HB 84-WORKERS' COMP: POLICE, FIRE, EMT, PARAMED
3:18:28 PM
CHAIR SPOHNHOLZ announced that the first order of business would
be HOUSE BILL NO. 84, "An Act relating to the presumption of
compensability for a disability resulting from certain diseases
for firefighters, emergency medical technicians, paramedics, and
peace officers."
3:18:43 PM
REPRESENTATIVE ANDY JOSEPHSON, Alaska State Legislature, as
prime sponsor, introduced HB 84. He paraphrased the sponsor
statement, which read in its entirety as follows [original
punctuation provided]:
First responders are exposed to a broad array of toxic
chemicals daily in the course of their service to our
communities. This level of exposure has been linked to
increased risk of disease or disability among this
sector of public servants. Under current Alaska law,
the presumption of coverage for certain diseases or
disabilities being caused by work only extends to
certain firefighters. House Bill 84 (HB 84) has the
core purpose of extending this presumption of coverage
to emergency medical technicians, paramedics and peace
officers.
Emergency medical technicians (EMTs), paramedics and
peace officers face toxic exposure comparable to those
faced by firefighters and often are present when
responding to fire calls or when dealing with a
mediation of other environmental contaminants. Since
these professions face the same daily risks as
firefighters, they deserve the same legal protections.
Additionally, HB 84 adds breast cancer to the diseases
covered under Alaska's presumptive illness law. There
is emerging evidence that breast cancer rates are
significantly higher among female firefighters than
the average population and that there are more
instances of premenopausal breast cancer among these
professional women. There is also evidence that many
chemicals known to cause breast cancer form during
thermal decomposition.
Finally, HB 84 extends coverage to professionals who
entered active service prior to August 19, 2008 and
who, having gone through all official work-related
medical examinations, did not show evidence of disease
in their first seven years of service.
Passage of HB 84 will ensure that Alaska adequately
protects the individuals who choose professions to
protect Alaska. I encourage you to support this
legislation and urge you to reach out to my office
with any questions or concerns.
3:24:31 PM
ELISE SORUM-BIRK, Staff, Representative Andy Josephson, Alaska
State Legislature, presented a PowerPoint entitled, "HB 84," on
behalf of Representative Josephson, prime sponsor. She informed
the committee that most categories of firefighters are currently
covered under AS 23.30.121 [Presumption of coverage for
disability from diseases for certain firefighters]. The purpose
of HB 84 is to extend the presumption of compensability for
certain diseases to three more professions: emergency medical
technicians, peace officers, and paramedics. She noted that the
first responder professions are often exposed to the same
dangerous situations and toxins that firefighters are (slide 2).
HB 84, she said, seeks to expand presumptive coverage to allow
for line-of-duty claims and subsequent benefits to be
automatically approved as long as the specific criteria are met
under the state's regulations. Alaska has very specific
criteria in place for someone to be eligible for the potential
benefits (Slide 3). She outlined Alaska's specific criteria on
slide 4, which read as follows [original punctuation provided]:
? Narrowly defined and limited in AS 23.30.121
? Presumption of coverage may be rebutted based on
tobacco use, physical fitness, weight, lifestyle,
hereditary factors, exposure from other employment or
non-employment activities
? May not extend for more than 3 months for each year
of service or 60 months following last date of
employment
? Only to those who have served for a minimum of seven
years
? Only to individuals who have undergone qualifying
medical exam and requisite annual exams with no
evidence of disease
? Only if the individual with cancer was exposed to
known carcinogens in the course of employment
MS. SORUM-BIRK directed attention to slide 5, entitled
"Sectional Analysis," which read as follows [original
punctuation provided]:
? Section 1:
? Amends AS 23.30.121(b) throughout to add emergency
medical technician, paramedic and peace officer to
professions presumed covered for disability or
disease.
? Creates a new section to include breast cancer under
diseases for which a covered professional can claim
compensation.
? Extends coverage to certain professionals who
entered active service prior to August 19, 2008.
? Section 2, Section 3, Section 4:
? Includes emergency medical technician, paramedic and
peace officer among presumptively covered professions
? Section 5:
? Provides definitions of "emergency medical
technician," "firefighter,""paramedic," and "peace
officer."
? Section 6:
Clarifies that AS 23.30.121 as amended applies to
claims made on or after the effective date of this
Act.
? Section 7:
? Encourages revisors to update catch line of AS
23.30.121 to reflect changes made by this Act.
MS. SORUM-BIRK continued to slide 6, entitled "Diseases covered
in Alaska," which read as follows [original punctuation
provided]:
Currently covered: respiratory disease, certain
cardiovascular events related to toxin exposure,
primary brain cancer, malignant melanoma, leukemia,
non-Hodgkin's lymphoma, bladder cancer, ureter cancer,
kidney cancer, prostate cancer
? Added by HB 84: breast cancer
? Emerging literature suggests a higher rate of
breast cancer among women firefighters
3:31:56 PM
MS. SORUM-BIRK directed attention to slide 8, "Expands
definition of firefighter." She explained that the current
statutory definition of firefighter that's used in the
presumptive illness legislation in presumptive illness law does
not include individuals who are employees of the state of
Alaska. This means that airport firefighters who are Department
of Transportation & Public Facilities (DOT&PF) employees,
employees of the state fire marshal, and wildland firefighters
employed by the Department of Natural Resources are not covered
by current law. For this reason, HB 84 adds firefighters who
are state employees to the definition of firefighter. She noted
that at least 13 states cover police officers, and 10 states
cover paramedics and EMTs. She added that there is a growing
body of research relating to the cancer risk for police
officers. Several studies have found correlations between
police work and increases in various types of cancer. She
further noted that the most common hazards for EMTs and
paramedics include responding to natural disasters, terrorist
attacks, and chemical spills released during chemical
transportation. Law enforcement personnel are also concerned
with clandestine drug labs and exposure, specifically from
methamphetamine production.
REPRESENTATIVE JOSEPHSON noted that the 2008 legislation was
restricted and constrained.
3:36:26 PM
REPRESENTATIVE HANNAN questioned whether the statutory
definition of peace officer includes village public safety
officers (VPSOs) who in many communities, are the only first
responders.
MS. SORUM-BIRK said she would follow-up with the requested
information.
REPRESENTATIVE HANNAN inquired as to how firefighters verify
that they were exposed to carcinogens on the job.
3:38:13 PM
REPRESENTATIVE JOSEPHSON said he does not know; however, he read
the following from the John Adamson case [ADAMSON v. State of
Alaska, Intervenor.]:
At the hearing, Adamson testified that he had been
exposed to soot in the course of fighting fire and
that he had been involved in fighting several large
fires including a paint supply store in which paint
was burning. Dr. Allems agreed that Adamson had been
exposed to soot. Dr. Allems also testified that
arsenic is used in paint pigments and cadmium is used
in paints and batteries. Cadmium, arsenic, and soot
are all listed as known carcinogens by the national
toxicology program.
CHAIR SPOHNHOLZ clarified that by "soot," Representative
Josephson was referring to ash.
REPRESENTATIVE JOSEPHSON offered his understanding that, not
without a battle by the municipality, Adamson was able to
provide anecdotal evidence of his exposure to carcinogens. He
said keeping a log is typically how it's done.
3:39:47 PM
REPRESENTATIVE HANNAN asked how many disability claims have been
processed since the law passed in 2008 from which public
employees or volunteer firefighters have received workers'
compensation.
MS. SORUM-BIRK offered her understanding that "just a handful"
of cases have used this presumption of compensability in Alaska.
Regarding the determination of carcinogens, she directed
attention to page 2, lines 28-29 of the bill, which states that
the lists of cancer-causing agents must be defined by the
International Agency for Research on Cancer or the National
Toxicology Program.
REPRESENTATIVE JOSEPHSON offered to follow up with the requested
information.
3:41:50 PM
REPRESENTATIVE RASMUSSEN referencing AS 01.10.609(a)(7)(A)-(F),
said the definitions of a "peace officer" include an officer of
the state troopers; a member of the police force of a
municipality; a village public safety officer; a regional public
safety officer; a United States marshal or deputy marshal; and
an officer whose duty it is to enforce and preserve the public
peace. She expressed her concern that that subparagraph (F),
"an officer whose duty it is to enforce and preserve the public
peace," is too vague.
REPRESENTATIVE JOSEPHSON acknowledged her concern and said he
would look into the meaning of that categorization.
CHAIR SPOHNHOLZ noted that subsection (F) may be regarding
serious emergencies or larger disasters. She added, people who
might not respond to certain kinds of emergencies in every given
scenario will do so in the case of a serious emergency. In the
case of a larger disaster, emergency responders of all different
kinds will participate in different ways according to their
training and could be exposed to things that they might not be
in the course of their regular duties.
3:43:55 PM
REPRESENTATIVE RASMUSSEN mentioned the research on women
firefighters and breast cancer. She asked if "there's anything
that correlates female firefighters to, maybe, starting a little
bit later in life with starting their family ? getting
themselves established in a career that's more male dominated."
REPRESENTATIVE JOSEPHSON explained that the San Francisco Fire
Department did a study that found six times the normal rate of
breast cancer among its firefighters. He acknowledged that
there could be other causalities.
MS. SORUM-BIRK noted that the same study found a much higher
level of breast cancer among premenopausal women compared to the
general population. She said she's not sure if they looked at
the specific factors mentioned by Representative Rasmussen.
REPRESENTATIVE RASMUSSEN offered her belief that, in general,
age is a factor for women. She said that as women approach age
55 it increases the likelihood of developing breast cancer. She
went on to say she heard that women who breast feed are less
likely to develop breast cancer and asked if there is any known
correlation between the two.
CHAIR SPOHNHOLZ agreed that when expanding presumptive illness
to include breast cancer, it's fair to ask that [the committee]
has a clear understanding of what the "linkage" is to an
increase in rates.
3:47:20 PM
THOMAS HOFFMAN, Public Safety Employees Association, said he has
been a firefighter and police officer at the Ted Stevens
Anchorage International Airport for the last four years. He
stated that he and his co-workers are appreciative that HB 84 is
being expanded to include the state firefighters. He said there
are a lot of hazardous materials involved in responding to an
aircraft or airport fire. He offered his belief that all
firefighters who serve the state of Alaska, whether in training
or responding to incidents, have been exposed to carcinogens.
He expressed his support for HB 84.
3:49:33 PM
REPRESENTATIVE RASMUSSEN asked how many state firefighters would
be included in HB 84.
MR. HOFFMAN replied that in his department alone there are
anywhere between 68-75 firefighters, not including the Fairbanks
Airport or the UAA firefighters.
CHAIR SPOHNHOLZ thanked Mr. Hoffman and the rest of the public
safety employees for their work for the state.
3:50:52 PM
CHAIR SPOHNHOLZ announced that HB 84 was held over.