1.This Act may be cited as the
Federal Firefighters Fairness Act of
2007
.
2.Certain diseases
presumed to be work-related cause of disability or death for Federal employees
in fire protection activities
(a)Section 8102 of title
5, United States Code, is amended by adding at the end the following:
(c)(1)In this subsection, the term employee
in fire protection activities means an employee, including a
firefighter, paramedic, emergency medical technician, rescue worker, ambulance
personnel, or hazardous materials worker, who—
(A)is trained in fire suppression, has the
legal authority and responsibility to engage in fire suppression; and
(B)is engaged in the prevention, control, and
extinguishment of fires or response to emergency situations where life,
property, or the environment is at risk.
(2)In the case of an employee in fire
protection activities who has a disease specified in paragraph (3), the
employee’s disease shall be presumed to be proximately caused by the employment
of such employee. A disability or death of an employee in fire protection
activities due to such a disease shall be presumed to result from personal
injury sustained while in the performance of such employee’s duty. Such
presumptions may be rebutted by a preponderance of the evidence.
(3)The diseases specified in this paragraph
are the following:
(A)Heart disease.
(B)Lung disease.
(C)The following cancers:
(i)Brain cancer.
(ii)Cancer of the blood or lymphatic
systems.
(iii)Leukemia.
(iv)Lymphoma (except Hodgkin’s disease).
(v)Multiple myeloma.
(vi)Bladder cancer.
(vii)Kidney cancer.
(viii)Prostate cancer.
(ix)Testicular cancer.
(x)Cancer of the digestive system.
(xi)Colon cancer.
(xii)Liver cancer.
(xiii)Skin cancer.
(xiv)Breast cancer.
(xv)Lung cancer.
(D)The following infectious diseases:
(i)Tuberculosis.
(ii)Hepatitis A, B, or C.
(iii)Human immunodeficiency virus (HIV).
(iv)Diphtheria.
(v)Hemorrhagic fever.
(vi)Meningococcal disease.
(vii)Rabies.
(viii)Any uncommon infectious disease the
contraction of which the Secretary of Labor determines to be related to the
hazards to which an employee in fire protection activities may be
subject.
.
(b)The amendment made by
this section applies to an injury that is first diagnosed, or a death that
occurs, on or after the date of enactment of this Act.
1.This Act may be cited as the
Federal Firefighters Fairness Act of
2008
.
2.Certain diseases
presumed to be work-related cause of disability or death for Federal employees
in fire protection activities
(a)Section 8101 of title 5, United States
Code, is amended by adding at the end the following:
(21)employee in fire
protection activities means a firefighter, paramedic, emergency medical
technician, rescue worker, ambulance personnel, or hazardous material worker,
who—
(A)is trained in fire
suppression;
(B)has the legal authority
and responsibility to engage in fire suppression;
(C)is engaged in the
prevention, control, and extinguishment of fires or response to emergency
situations where life, property, or the environment is at risk; and
(D)performs such activities
as a primary responsibility of his or her
job.
.
(b)Presumption relating to
employees in fire protection activitiesSection 8102 of title 5,
United States Code, is amended by adding at the end the following new
subsection:
(c)(1)With regard to an
employee in fire protection activities, a disease specified in paragraph (2)
shall be presumed to be proximately caused by the employment of such employee,
subject to the length of service requirements specified. The disability or
death of an employee in fire protection activities due to such a disease shall
be presumed to result from personal injury sustained while in the performance
of such employee’s duty. Such presumptions may be rebutted by a preponderance
of the evidence.
(2)The following diseases
shall be presumed to be proximately caused by the employment of the
employee:
(A)If the employee has been
employed for a minimum of 5 years:
(i)Heart disease.
(ii)Lung disease.
(iii)The following
cancers:
(I)Brain cancer.
(II)Cancer of the blood or
lymphatic systems.
(III)Leukemia.
(IV)Lymphoma (except
Hodgkin’s disease).
(V)Multiple myeloma.
(VI)Bladder cancer.
(VII)Kidney cancer.
(VIII)Testicular
cancer.
(IX)Cancer of the digestive
system.
(X)Colon cancer.
(XI)Liver cancer.
(XII)Skin cancer.
(XIII)Lung cancer.
(iv)Any other cancer the
contraction of which the Secretary of Labor determines to be related to the
hazards to which an employee in fire protection activities may be
subject.
(B)Regardless of the length
of time an employee has been employed:
(i)The following infectious
diseases:
(I)Tuberculosis.
(II)Hepatitis A, B, or
C.
(III)Human immunodeficiency
virus (HIV).
(ii)Any uncommon infectious
disease the contraction of which the Secretary of Labor determines to be
related to the hazards to which an employee in fire protection activities may
be
subject.
.
(c)Not
later than 10 years after the date of enactment of this Act, the National
Institute of Occupational Safety and Health in the Centers for Disease Control
and Prevention shall examine the implementation of this Act and appropriate
scientific and medical data related to the health risks associated with
firefighting and submit to Congress a report which shall include—
(1)an analysis of the injury
claims made under this Act;
(2)an analysis of the
available research related to the health risks associated with firefighting;
and
(3)recommendations for any
administrative or legislative actions necessary to ensure that those diseases
most associated with firefighting are included in the presumption created by
this Act.
(d)The amendment made by this section applies to an injury that
is first diagnosed, or a death that occurs, on or after the date of enactment
of this Act.
October 1 (legislative day, September 17),
2008
Reported with an amendment