Print Friendly HOUSE BILL NO. 542
– Workers comp, firefighter, cancer
HOUSE BILL NO. 542
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H0542.......................................by COMMERCE AND HUMAN RESOURCES
WORKER'S COMPENSATION - FIREFIGHTERS - Amends existing law relating to
worker's compensation to provide that certain cancers of firefighters shall
be considered as occupational diseases; and to provide that certain
diseases shall not be subject to specified limitations.
02/18 House intro - 1st rdg - to printing
02/19 Rpt prt - to Com/HuRes
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 542
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO WORKER'S COMPENSATION; AMENDING SECTION 72-438, IDAHO CODE, TO
3 PROVIDE THAT CERTAIN CANCERS OF FIREFIGHTERS SHALL BE CONSIDERED AS OCCU-
4 PATIONAL DISEASES, TO PROVIDE THAT CERTAIN DISEASES SHALL NOT BE SUBJECT
5 TO SPECIFIED LIMITATIONS AND TO MAKE TECHNICAL CORRECTIONS.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 72-438, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 72-438. OCCUPATIONAL DISEASES. Compensation shall be payable for disabil-
10 ity or death of an employee resulting from the following occupational dis-
12 (1) Poisoning by lead, mercury, arsenic, zinc, or manganese, their prepa-
13 rations or compounds in any occupation involving direct contact therewith,
14 handling thereof, or exposure thereto.
15 (2) Carbon monoxide poisoning or chlorine poisoning in any process or
16 occupation involving direct exposure to carbon monoxide or chlorine in build-
17 ings, sheds, or inclosed enclosed places.
18 (3) Poisoning by methanol, carbon bisulphide, hydrocarbon distillates
19 (naphthas and others) or halogenated hydrocarbons, or any preparations con-
20 taining these chemicals or any of them, in any occupation involving direct
21 contact therewith, handling thereof, or exposure thereto.
22 (4) Poisoning by benzol or by nitro, amido, or amino-derivatives of
23 benzol (dinitro-benzol, anilin and others) or their preparations or compounds
24 in any occupation involving direct contact therewith, handling thereof, or
25 exposure thereto.
26 (5) Glanders in the care or handling of any equine animal or the carcass
27 of any such animal.
28 (6) Radium poisoning by or disability due to radioactive properties of
29 substances or to Roentgenray (X-ray) in any occupation involving direct con-
30 tact therewith, handling thereof, or exposure thereto.
31 (7) Poisoning by or ulceration from chromic acid or bichromate of ammo-
32 nium, potassium, or sodium or their preparations, or phosphorus preparations
33 or compounds, in any occupation involving direct contact therewith, handling
34 thereof, or exposure thereto.
35 (8) Ulceration due to tar, pitch, bitumen, mineral oil, or paraffin, or
36 any compound product, or residue of any of these substances, in any occupation
37 involving direct contact therewith, handling thereof, or exposure thereto.
38 (9) Dermatitis venenata, that is, infection or inflammation of the skin,
39 furunculosis excepted, due to oils, cutting compounds, lubricants, liquids,
40 fumes, gases, or vapors in any occupation involving direct contact therewith,
41 handling thereof or exposure thereto.
42 (10) Anthrax occurring in any occupation involving the handling of or
43 exposure to wool, hair, bristles, hides, skins, or bodies of animals either
1 alive or dead.
2 (11) Silicosis in any occupation involving direct contact with, handling
3 of, or exposure to dust of silicon dioxide .
4 (12) Cardiovascular or pulmonary or respiratory diseases of a paid fireman
5 firefighter, employed by a municipality, village or fire district as a regular
6 member of a lawfully established fire department, caused by overexertion in
7 times of stress or danger or by proximate exposure or by cumulative exposure
8 over a period of four (4) years or more to heat, smoke, chemical fumes or
9 other toxic gases arising directly out of, and in the course of, his employ-
11 (13) Cancers that include primary brain cancer, malignant melanoma,
12 leukemia, non-Hodgkins lymphoma, bladder cancer, ureter cancer, kidney cancer
13 and testicular cancer of a current or formerly paid firefighter, employed or
14 once employed by a municipality, village or fire district as a regular member
15 of a lawfully established fire department, caused by proximate exposure or by
16 cumulative exposure over a period of four (4) years or more to heat, smoke,
17 chemical fumes or other toxic gases arising directly out of, and in the course
18 of, his employment.
19 (14) Acquired immunodeficiency syndrome (AIDS), AIDS related complexes
20 (ARC), other manifestations of human immunodeficiency virus (HIV) infections,
21 infectious hepatitis viruses and tuberculosis in any occupation involving
22 exposure to human blood or body fluids.
23 Recognizing that additional toxic or harmful substances or matter are con-
24 tinually being discovered and used or misused, the above enumerated occupa-
25 tional diseases are not intended to be exclusive, but such additional diseases
26 shall not include hazards which are common to the public in general and which
27 are not within the meaning of section 72-102(22)(a), Idaho Code, and the dis-
28 eases enumerated in subsections (12), (13) and (14) of this section pertaining
29 to paid firemen firefighters shall not be subject to the limitations pre-
30 scribed in section 72-439, Idaho Code.
STATEMENT OF PURPOSE
This legislation amends Section 72 438 by adding to the list
of enumerated occupational diseases under the Idaho Worker's
Compensation Laws certain cancers for fighters exposed to toxic
environments during the course of their employment s a melanoma,
leukemia, non-Hodgkins lyphoma, bladder cancer, ureter cancer,
kidney cancer and testicular cancer. The purpose of this
legislation is to provide Worker's Compensation coverage to
firefighters whose occupations regularly involve exposure to
toxic environments due to the nature of their occupations. This
legislation would provide firefighters the same kind of
protection currently afforded for glanders and anthrax. This
legislation also adds the cancers enumerated above (found in
subsection 13) and the infectious diseases found in subsection 14
of this legislation as presumptive occupational diseases.
Name: Representative Shirley Ringo
Name: Representative Tom Trail
Name: Mike Walker, PFFI
STATEMENT OF PURPOSE/FISCAL NOTE H 542