Firefighter Investment and Response Enhancement HR 1168"-->
S-3266.1 _______________________________________________
SENATE BILL 6158
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Senators Fairley, Prentice, Goings, Costa, McAuliffe, Gardner,
Franklin, Kline and Kohl-Welles
Read first time 01/10/2000. Referred to Committee on Labor & Workforce
Development.
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 disease{+ s +}
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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