Legislature(2007 - 2008)BUTROVICH 205
02/18/2008 01:30 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES
Audio | Topic |
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Start | |
SB117 | |
SB160 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 117 | TELECONFERENCED | |
= | SB 160 | ||
SB 117-WORKERS' COMP: DISEASE PRESUMPTION 1:36:30 PM CHAIR DAVIS announced consideration of SB 117. [Before the committee was CSSB 117 (L&C)]. SENATOR FRENCH, sponsor of SB 117, said the idea of the bill is to create a presumption in the workers' compensation laws that certain diseases, cardio vascular emergencies and cancers are work related when contracted by fire fighters during a limited time frame and within specific parameters. The list of ailments on page 2 of the bill is limited to diseases that fire fighters contract more often the general public. Certain contagious diseases such as tuberculosis and meningitis are covered under a presumption for fire fighters and other first responders. In all instances a preponderance of evidence can negate or overcome the presumption. For example, someone with a history of tobacco use is specifically prevented from the worker's comp presumption for respiratory and heart conditions. Other factors including physical fitness, work history and non-employment activities can be considered when the claim is filed. A qualifying medical exam will insure that an ailment wasn't present before a claim is filed. The presumption for fire fighters is restricted to only those who have served seven years or more, and coverage for qualifying medical events extends to a maximum of sixty months after employment ends. Exposure to a known carcinogen during the course of employment must be established for a cancer claim presumption under the legislation. Alaska is one of only nine states that has not established a workers' comp presumption for fire fighters. The 41 states that have enacted similar laws have found negligible effects on actuarial assumptions for claims payouts. The California retirement system (CALPERS) did an extensive study of this issue to see if establishing this presumption in law would raise workers' comp rates, and they found no noticeable impact as a result of the presumption. Workers' comp claims actually fell in Illinois during the six years after a presumption was placed into law. The Labor and Commerce (L&C) CS before the committee responds to a single concern that qualifying medical exams would place an unfunded obligation on the employers. The CS says that an employer will not have an obligation to cover the costs of a qualifying exam. It provides that an individual has the option to pay for his own exam if an employer doesn't provide one. Without an exam, individuals would not get the presumption although they could still make a workers' comp claim. This legislation gives fire fighters the back-up they need when their life-saving work produces adverse effects to their own personal health. SENATOR FRENCH explained that Section 1 of the bill amends AS.23.30 the Alaska Workers' Comp Act by adding the new section that follows. Subsection (a) on page 1, line 6, establishes the presumption that specified diseases are work-related when contracted by certain emergency workers in the state. It also allows for the presumption to be challenged and it gives examples of evidence that can be used to disprove a presumption. Included on the list are tobacco use, physical fitness and exposures to hazards in other employment or non-employment activities. Subsection (b) starting on page 1, line 13, outlines the specific illnesses and diseases that fall under the presumption for a fire fighter in addition to the time frame for which the presumption lasts. The diseases are: respiratory; cardio vascular events or emergencies experienced within 72 hours after exposure to smoke, fumes or toxic substances; 8 varieties of cancer which studies have shown are experienced at greater rates among fire fighters than the general public. To qualify for the presumption, a fire fighter must have served at least seven years and must have had a medical exam that didn't show evidence of the disease. If the workers' compensation claim involves any of the listed cancers, the fire fighter must demonstrate that during the course of employment they were exposed to a known carcinogen related to the disabling cancer. Subsection (c) establishes a presumption that certain contagious diseases listed on page 3, lines 8-13, are work related for fire fighters and emergency rescue personnel. This presumption has the same challenge process and requires a qualifying medical exam showing good health during employment. Subsection (d) on Page 3 Line 21 states that respiratory conditions or cardio vascular events are not covered if the firefighter has a history of tobacco use. Subsection (e) is a new element of the bill. It makes clear that an employer will not be forced to purchase a qualifying medical exam. This language is on page 3, line 24. Subsection (f) on page 3, line 31, establishes that the department will determine through regulations the extent of medical examinations necessary to eliminate evidence of disease in an active or former fire fighter. It also requires the department to define what constitutes a history of tobacco use. Subsection (g) defines fire fighter as written in statute 09.65.295. Section 2 makes clear the presumption will apply on any claim filed after the legislation passes, assuming all provisions of the bill including the qualified medical exam have occurred. 1:43:04 PM SENATOR THOMAS asked if annual physicals were required by most departments. SENATOR FRENCH replied they are. He said in 90 cases out of a 100, those exams would satisfy the requirement. There are some places that are too small with four or five fire fighters on the force; they don't pay for annual exams. The concern was not to burden those small departments with a new cost. SENATOR THOMAS asked about volunteer firemen. SENATOR FRENCH said they would qualify if they were being paid wages that would allow them to file for workers' comp. If there are no wages there is no Workers' Comp claim. They have to pay for an exam if they want the presumption. SENATOR COWDERY asked what happens if they fail the exam they are required to take in order to keep the job, and if this would have any effect on the presumption. SENATOR FRENCH said he would defer that question to someone who can explain how that would work. He said he thinks it would depend on what caused them to fail. 1:46: 03 PM PAUL LISANKIE, Director, Division of Worker's Compensation, Department of Labor, Juneau, AK , said it depends on what the exam disclosed. If it was something a fire fighter had to prove he/she didn't have, it would probably disqualify coverage, assuming it wasn't already work related. If it was something that developed during the job, it could support a claim for workers' comp under the existing statute. SENATOR DYSON said Senator French why the list of contagious diseases was included (page 3, line 6). SENATOR FRENCH replied that those diseases are human immunodeficiency virus (AIDS), acquired immunodeficiency syndrome (AIDS), all strains of hepatitis, meningococcal meningitis; micro bacterium tuberculosis;, and any uncommon infectious diseases the U.S. Secretary of Labor determines are related to hazards a fire fighter faces. The common factor in these six diseases is they are things you get from the blood of another person. Since these individuals go to places where they are rescuing people and giving them Cardio Pulmonary Resuscitation (CPR) under emergency situations, it's entirely foreseeable that fire fighters will come in contact with these diseases more than the general public. The research supports this. Therefore, when they diseases come up, they get a work- related presumption. It can be rebutted, but they get the benefit of the doubt initially. SENATOR DYSON said there a lot of people in Alaska who work seasonally fighting forest fires from three to five months a year. He asked if they would have to have the same seven times 12 months of on-the-job service to get covered under this bill. ANDY MODEROW, staff to Senator French, replied the definition does not include wild land volunteer fire fighters but it does include the other employees. SENATOR DYSON said the forest fire fighters may have volunteered to go but they are paid on contract. He asked if they are volunteers or employees. 1:51:23 PM MR. MODEROW replied they are not included in the definition as the bill is written. CHAIR DAVIS asked if the department had any clarification on who would be eligible for compensation. MR. LISANKIE said Mr. Moderow is correct. The definition will control who is eligible for coverage and the definition of fire fighter in Alaska statutes describes a person employed by a municipal fire department or who is a member of a volunteer fire department registered with the state fire marshal or a person registered for purposes of workers' compensation with the state fire marshal as a member of a volunteer fire department. The delineation is going to be what they're doing rather than whether they're paid. SENATOR DYSON said it sounds like many folks who work seasonally fighting forest fires are not going to be covered and most of those will not be directly working for the state or municipality. SENATOR FRENCH said forest fire fighters might get workers' comp coverage, but not the presumption. 1:53:05 PM JEFF BRIGGS, Alaska Professional Fire Fighters Association (APFFA),and the International Association of Fire fighters (IAFF) Local 1264, Anchorage, AK, said this bill is long overdue. There are 40 other states and provinces in Canada that currently have some sort of presumption in place, none of which are experiencing fiscal problems through the implementation of the legislation. Several of the states have many more diseases and cancers covered. Some cover all cancers for a fire fighter's entire life after he retires. In Alaska, the workers' compensation rate for fire fighters is $4.68 per hundred dollars of payroll. The claim that Alaska has the highest rate in the nation is erroneous. Vermont in 2007 paid $14.52 per hundred dollars. This year nationwide already there have been 17 on-duty fire fighter fatalities. In 2007 there were 115. The numbers from 9/11 are well known. The Alaska Supreme Court has ruled that fire fighters and police officers are not allowed to sue negligent parties to recover damages from negligent acts. Considering that fire fighters don't have many benefits, this would be a good place to start. He said the Alaska Municipal League suggests that workers' comp rates will skyrocket yet the same statement says that these diseases are already covered by workers' comp so there should not be an additional cost. If anything, the bill should streamline the process and possibly save money. Last week Kevin Smith sent a letter to the House Finance committee. Ironically, he supported one of IAFF's claims. Night workers have a higher cancer rate than the general public. Fire fighters often work 24-hour shifts, 56 hours a week. It appears that sleep deprivation increases cancer risk. He urged the committee to pass SB 117. SENATOR THOMAS asked if Mr. Briggs had a list of where the rates went down and if that was based on the concept that there would be early detection and intervention potentially under the terms of this bill, rather than down the road when one of the diseases that are listed ends up being an extremely expensive item. MR. BRIGGS said he thought rates have dropped because workers tend to be safer. Every year equipment is improved and more training is available. IAFF is in the process of gathering more data on rates in other states. SENATOR DYSON said he's like to see a copy of the data when it's collected. 1:57:43 PM MARK DRYGAS President, Alaska Professional Fire Fighters Association (APFFA), Fairbanks, AK, said he represents 500 fire fighters and emergency medical service providers. The members of APFFA respond to 75 per cent of the 911 calls in Alaska. He said he is also employed as a battalion chief in the Fairbanks Fire Department. He supported SB 117. Fire fighters face multiple hazards every day. They expose themselves to possible injuries from falls, buildings collapsing, burns, et cetera. The risks they take to provide for the safety and protection of property of others is part of the job. If they are unfortunate enough to suffer an injury, they know they will be provided for by workers' compensation. No one gains, but at least the negative effects are lessened by this coverage. Fire fighters are becoming increasingly aware of the new dangers of the profession. In addition to exposure to injuries, fire fighters are exposed to disease-causing elements on a daily basis. Fire fighters are contracting cancer in all its forms at a rate that exceeds the general public. He said fire fighters generally represent a healthier segment of the workforce. They are learning to accept some of these risks while making every effort to limit their exposure to toxins. Progress has been made in making equipment safer and improving training. Meanwhile, exposure to cancer toxins increases. Years ago most fires consumed natural products. Nowadays, fires consume a vast array of synthetics, plastics, and unknown chemicals. Advanced breathing apparatuses have lessened inhalation hazards, but many toxins enter the body through skin absorption. It used to be a badge of honor to have a soot- covered bunker coat, but today's fire fighter knows to keep his gear clean. There are hazards in every profession but workers in other professions are informed of the hazards facing them and can establish a safe work environment. A materials safety data sheet (MSDS) is posted in all workplaces. He asked committee members to imagine the chemicals in their garages, under their sinks, in their laundry rooms, as well as the synthetics and components of a home, from curtains to stereos with no way of knowing what kind of lethal combination they might produce in a fire. MR. DRYGAS said fire fighters cannot pinpoint where and when they become exposed to hazards that may cause cancer. It could be from a combination of exposure to different fires or from handling fire hose after a fire which is routinely cleaned by the fire fighters on the next shift. A state of Alaska report on occupational injury or illness asks for the date, time and place the exposure occurred. A fire fighter is at a loss trying to fill out one of those forms after being on the job for 10 or 20 years. SB 117 provides for a presumption of coverage, but it is not a guarantee. The employer or insurer must prove that cancer was not related to the job. There are provisions in the bill that allow the insurers to raise family history, lifestyle habits, and smoking in challenging a claim. The insurer must prove by a preponderance of evidence that it is not job related instead of the employee having to prove that it is job related. He said the bill provides for coverage of certain respiratory diseases and for heart disease or heart attacks following a major event like a structure fire. Exposure to fire and its accompanying chemical compounds has led to an increased incidence of heart attacks in the first 72 hours following a fire. The bill also has a presumption of coverage for certain blood-borne communicable diseases. As first responders, fire fighters enter situations where they don't have the luxuries of a hospital environment or good lighting. They don't know the history of the patient before they deal with them. These claims of disease are at the same time open to proof the exposure occurred outside the job. Some people in the insurance industry will say it's too expensive and not needed, and that fire fighters are already covered. He remarked: I expect that. That's their job. They're insurance people. Compassion isn't part of their vocabulary. They'll try a counter or scientific research. They'll say it's skewed, that we used poor studies, but they're never going to be able to show that . . . our cancer rate is the same as the general public. Every study shows that fire fighters are getting these cancers. We worked hard on the bill to come up with the eight cancers that we thought had the best evidence behind [them], the best scientific study. 2:04:27 PM MR. DRYGAS said he and the others testifying are not paid lobbyists; they chose to volunteer their time. It is devastating to a fire fighter to contract one of these diseases and devastating to their families. They are just asking that it isn't made worse by having to go through the stress of that in addition to their disease or illness to prove that it is job related. Few people would say that the work of fire fighters is not appreciated. This isn't a labor bill or a union bill. He doesn't even like referring to it as a workers' compensation bill. It's a fire fighters' bill and it shows that people care about their fire fighters. SENATOR DYSON asked if the record shows that forest fire fighters have much less of these kinds of diseases. MR. DRYGAS replied that forestry is a different type of problem. Those are wood smoke and not the type of situation found in a structure fire, especially the interior of a structure fire. He said he has talked with people from the Bureau of Land Management (BLM) who have asked him about the various protections they use, especially fighting fires around dump sites. 2:08:31 PM SENATOR THOMAS asked if the physicals fire fighters receive in Fairbanks are adequate for detecting these diseases early. MR. DRYGAS replied that Fairbanks has an extensive pre- employment physical as well as an extensive annual two-day physical. It is in place to protect both the city and the fire fighters. Smaller departments, especially volunteer departments don't have an extensive annual physical. 2:10:15 PM SENATOR THOMAS made a clarifying motion that the committee was considering the Senate Labor & Commerce committee substitute, version \M, and there was no objection. CHAIR DAVIS called back the sponsors of the bill. SENATOR FRENCH said he had no further statements. SENATOR DYSON asked if the administration is okay with this bill. MR. LISANKIE replied that the administration is neutral on the bill. SENATOR THOMAS moved to report CSSB 117, version \M, from committee with individual recommendations and attached fiscal note(s). There being no objection, CSSB 117(L&C) moved from committee.
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