Legislature(2007 - 2008)CAPITOL 120
05/04/2007 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
HB200 | |
HB227 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 200 | TELECONFERENCED | |
+ | HB 227 | TELECONFERENCED | |
+ | HB 232 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 200-WORKERS' COMP: DISEASE PRESUMPTION 1:13:46 PM CHAIR RAMRAS announced that the first order of business would be HOUSE BILL NO. 200, "An Act relating to the presumption of coverage for a workers' compensation claim for disability as a result of certain diseases for certain occupations." [Included in members packets was the proposed committee substitute (CS) for HB 200, Version 25-LS0748\E, Bailey, 5/4/07.] 1:14:44 PM KELLY HUBER, Staff to Representative Nancy Dahlstrom, Alaska State Legislature, relayed on behalf of Representative Dahlstrom, sponsor, that the proposed committee substitute (CS) for HB 200, Version 25-LS0748\E, Bailey, 5/4/07, allows a presumption for certain diseases and illnesses for firefighters and first responders. She offered her understanding that the program is not mandatory and provides that for eligibility, the firefighter or first responder must have at least seven years of service and possess a minimum of Firefighter 1 certification. The diseases listed in the bill are linked to these occupations, which have an inherent risk. Under the presumption, those who work in these occupations could pursue workmen's compensation should they contract any of the listed illnesses. 1:17:14 PM MARK JONES, after relaying he has 32 years' experience as a fire fighter, said physical fitness is a necessity in the firefighting industry. Many fire departments around Alaska, and the United States, have implemented aggressive physical fitness programs to ensure employees are in the best physical condition possible. Improvements in protection, including equipment, engineering, and barriers, have all provided a tremendous reduction in exposure to diseases. These prevention programs are working. However, there are still instances where workers are exposed. The physical demands, coupled with long term exposure to carbon monoxide, all lead to continued high levels of heart and lung disease. Skin contact with smoke carrying carcinogens is still a major problem, often leading to cancer, but fully protective equipment and clothing to protect one from this contact has not yet been developed. One of the goals of everyone in fire and emergency services is to reduce the occurrence of these occupational illnesses to zero. Until this can be achieved, the industry needs the protections of HB 200. 1:21:19 PM ROD HARRIS, Alaska Professional Fire Fighters Association (AKPFFA), said that in spite of improvements to the safety gear and training, firefighters are still regularly exposed to toxic environments. The nature of their work calls for firefighters to mitigate emergencies in extreme conditions. As of this year, 41 states have enacted presumptive legislation to protect their emergency responders. Alaska's emergency responders need this same protection as their peers in other states. 1:22:32 PM MIKE DAVIDSON, Alaska Professional Fire Fighters Association (AKPFFA), said that HB 200 represents an important fix to a hole in the safety net that currently exists in Alaska. Currently, AKPFFA members are frequently exposed to known carcinogens, contagious diseases, and other hazards as part of their occupation. These hazards are routine, unpredictable, and occur on a regular basis. Unlike other healthcare and emergency occupations, there is no opportunity to pre-assess the scene for potentially hazardous exposures. The AKPFFA has taken every engineering step possible to prevent these exposures. It is the goal of everyone in fire service to eradicate these diseases among their employees. It is difficult to trace these exposures back to a single event, but rather, it is chronic exposure to various known carcinogens and diseases. The AKPFFA needs the protections contained within HB 200 as these diseases can be terminal, and are not covered by private health insurance. Mr. Davidson commented that private health insurance is a good safety net, but it does not provide living expenses for a family while the firefighter is unable to work. "I am certainly supportive of HB 200," he concluded. CHAIR RAMRAS asked if there were any more questions or whether anyone else wished to speak before he closed public testimony on HB 200. 1:28:06 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed CS for HB 200, Version 25-LS0748\E, Bailey, 5/4/07, as the work draft. REPRESENTATIVE GRUENBERG objected for the purpose of discussion. MS. HUBER, in response to a question, explained that the changes she'd described earlier applied to Version E. REPRESENTATIVE GRUENBERG removed his objection. [Although nothing further was stated, Version E was treated as being before the committee.] 1:28:45 PM REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB 200, Version 25-LS0748\E, Bailey, 5/4/07, out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE GRUENBERG asked whether, if the exposure occurred before the effective date of the act, would a court or a carrier require that "any or all" of the exposure occur before the effective date. He said he wanted to be sure there was as broad a coverage as possible. MS. HUBER responded that claims must be from the effective date forward, but the prior exposure is included, if claimants meet the presumption of seven years service and Firefighter 1 certification. Then, the exposure from the claimants work is included. No claims from the past can be brought up in the future. 1:30:51 PM REPRESENTATIVE GRUENBERG removed his objection. CHAIR RAMRAS announced that CSHB 200(JUD) was reported from the House Judiciary Standing Committee.
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