IAFF LEGISLATIVE FACT SHEET
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Revised: 4/19/2002
FEDERAL FIRE FIGHTERS PRESUMPTIVE LAW
BACKGROUND
Fire fighters are exposed on a daily basis to stress, smoke, heat, and various toxic substances. As a result, fire fighters are far more likely to contract heart disease, lung disease and cancer than other workers. And as fire fighters increasingly assume the role of the nation’s leading providers of emergency medical services, they are also exposed to infectious diseases. Heart disease, lung disease, cancer and infectious disease are now among the leading causes of death and disability for fire fighters, and numerous studies have found that these illnesses are occupational hazards of fire fighting.
In recognition of this linkage, many states have enacted “presumptive disability” laws, which state that a cardio-vascular disease, certain cancers and infectious diseases are presumed to be job related for purposes of workers compensation and disability retirement unless the fire fighter’s employer can prove otherwise. No such law covers fire fighters employed by the federal government.
Under the Federal Employee Compensation Act (FECA), federal fire fighters must be able to pinpoint the precise incident or exposure that caused a disease in order for it to be considered job-related. This burden of proof is extraordinarily difficult for fire fighters to meet because they respond to a wide variety of emergency calls, constantly working in different environments under different conditions. As a result, very few cases of occupational disease contracted by fire fighters have been deemed to be service-connected.
CURRENT LEGISLATION
The Federal Fire Fighters Fairness Act, H.R. 2163, was introduced by Reps. Ciro Rodriguez (D-TX), Connie Morella (R-MD), Lois Capps (D-CA), Jo Ann Davis (R-VA), and Patrick Kennedy (D-RI). The Senate version of the legislation, S. 1845 was introduced by Senator John Kerry (D-MA). This legislation would amend the FECA so that cardiovascular disease, certain cancers and infectious diseases are presumed to be job related for purposes of workers compensation and disability retirement, and places the burden on the employer to prove otherwise.
IAFF POSITION
The IAFF supports legislation to provide a disability presumption for federal fire fighters.
IAFF ARGUMENTS
• Many States have presumptive heart/lung, cancer and infectious disease laws on the books. It is only fair that the federal government also acknowledge the occupational hazards attributed to fire fighting.
• Current law requires a federal employee to specify the exact employment incident which causes a disease in order to qualify for disability benefits. Under this law, it is nearly impossible for federal fire fighters, suffering from occupational diseases, to receive fair and just compensation and or retirement benefits.
• It is only fair that the federal government should provide parity for federal fire fighters who are exposed to the same occupational hazards as other professional fire fighters.
CURRENT STATUS
On June 13, 2001, H.R. 2163 was introduced and referred to the Committee on Education and the Workforce.
On December, 18, 2001, S. 1845 was introduced and referred to the Committee on Government Reform.
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Department of Governmental Affairs
International Association of Fire Fighters, AFL-CIO, CLC
1750 New York Avenue, NW, Washington, DC 20006
202-737-8484 202-783-4570 (F) www.iaff.org