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H0606.......................................by COMMERCE AND HUMAN RESOURCES
OCCUPATIONAL DISEASES - Amends existing law to provide that specified
contagious diseases, when contracted by a firefighter, emergency medical
technician or first responder, shall be presumed to have been contracted in
the line of duty upon a showing of certain evidence.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to Com/HuRes
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 606
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO OCCUPATIONAL DISEASES; AMENDING SECTION 72-438, IDAHO CODE, TO
3 PROVIDE THAT SPECIFIED CONTAGIOUS DISEASES, WHEN CONTRACTED BY A FIRE-
4 FIGHTER, EMERGENCY MEDICAL TECHNICIAN OR FIRST RESPONDER, SHALL BE PRE-
5 SUMED TO HAVE BEEN CONTRACTED IN THE LINE OF DUTY UPON A SHOWING OF CER-
6 TAIN EVIDENCE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 72-438, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 72-438. OCCUPATIONAL DISEASES. Compensation shall be payable for disabil-
11 ity or death of an employee resulting from the following occupational dis-
12 eases:
13 (1) Poisoning by lead, mercury, arsenic, zinc, or manganese, their prepa-
14 rations or compounds in any occupation involving direct contact therewith,
15 handling thereof, or exposure thereto.
16 (2) Carbon monoxide poisoning or chlorine poisoning in any process or
17 occupation involving direct exposure to carbon monoxide or chlorine in build-
18 ings, sheds, or inclosed places.
19 (3) Poisoning by methanol, carbon bisulphide, hydrocarbon distillates
20 (naphthas and others) or halogenated hydrocarbons, or any preparations con-
21 taining these chemicals or any of them, in any occupation involving direct
22 contact therewith, handling thereof, or exposure thereto.
23 (4) Poisoning by benzol or by nitro, amido, or amino-derivatives of
24 benzol (dinitro-benzol, anilin and others) or their preparations or compounds
25 in any occupation involving direct contact therewith, handling thereof, or
26 exposure thereto.
27 (5) Glanders in the care or handling of any equine animal or the carcass
28 of any such animal.
29 (6) Radium poisoning by or disability due to radioactive properties of
30 substances or to Roentgenray (X-ray) in any occupation involving direct con-
31 tact therewith, handling thereof, or exposure thereto.
32 (7) Poisoning by or ulceration from chromic acid or bichromate of ammo-
33 nium, potassium, or sodium or their preparations, or phosphorus preparations
34 or compounds, in any occupation involving direct contact therewith, handling
35 thereof, or exposure thereto.
36 (8) Ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, or
37 any compound product, or residue of any of these substances, in any occupation
38 involving direct contact therewith, handling thereof, or exposure thereto.
39 (9) Dermatitis venenata, that is, infection or inflammation of the skin,
40 furunculosis excepted, due to oils, cutting compounds, lubricants, liquids,
41 fumes, gases, or vapors in any occupation involving direct contact therewith,
42 handling thereof or exposure thereto.
43 (10) Anthrax occurring in any occupation involving the handling of or
2
1 exposure to wool, hair, bristles, hides, skins, or bodies of animals either
2 alive or dead.
3 (11) Silicosis in any occupation involving direct contact with, handling
4 of, or exposure to dust of silicon dioxide .
5 (12) Cardiovascular or pulmonary or respiratory diseases of a paid fire-
6 man, employed by a municipality, village or fire district as a regular member
7 of a lawfully established fire department, caused by overexertion in times of
8 stress or danger or by proximate exposure or by cumulative exposure over a
9 period of four (4) years or more to heat, smoke, chemical fumes or other toxic
10 gases arising directly out of, and in the course of, his employment.
11 (13) (a) Acquired immunodeficiency syndrome (AIDS), AIDS related
12 complexes (ARC), other manifestations of human immunodeficiency virus
13 (HIV) infections, infectious hepatitis viruses and tuberculosis in any
14 occupation involving exposure to human blood or body fluids. Such con-
15 tagious diseases, when contracted by a firefighter, emergency medical
16 technician or first responder, shall be presumed to have been contracted
17 in the line of duty:
18 (i) If such firefighter, emergency medical technician or first
19 responder has a documented medical examination or other testing to
20 prove the absence of such disease at the time of hire or posthire;
21 and
22 (ii) Unless it is shown by a preponderance of the evidence that
23 nonservice connected risk factors, or nonservice connected accidents
24 or hazards, or any combination thereof, led to the contraction of
25 such contagious disease.
26 (b) Recognizing that additional toxic or harmful substances or matter are
27 continually being discovered and used or misused, the above enumerated
28 occupational diseases are not intended to be exclusive, but such addi-
29 tional diseases shall not include hazards which are common to the public
30 in general and which are not within the meaning of section 72-102(21)(a),
31 Idaho Code, and the diseases enumerated in subsection (12) pertaining to
32 paid firemen shall not be subject to the limitations prescribed in section
33 72-439, Idaho Code.
STATEMENT OF PURPOSE
RS ll9OlCl
The purpose of this legislation is to amend Title 72 Worker’s
Compensation and Related Laws, Chapter 4 Benefits, Section 13,
to provide presumptive coverage, when a clear baseline has been
established. Currently the burden is on the employee to identify
the source of the exposure. The circumstances that firefighters
and emergency medical workers face can sometimes create an exposure
that the person may not be aware of. It often takes months or even
years for these diseases to manifest. Even when properly reported,
there is a risk of misplacement or loss of the documented exposure.
FISCAL IMPACT
In 2001 there were $567 in Worker’s Compensation claims due to
exposures of blood born pathogens.
Contact
Name: Elmer Martinez
Phone: 332-1132
Karl Malott 250-1933
STATEMENT OF PURPOSE/FISCAL NOTE H 606