Mounting Support for Federal Fire Fighter Presumptive Law

March 12, 2007 – While presumptive disability laws have been enacted in more than 40 states to protect fire fighters who contract job-related illnesses, no such protections exist for federal fire fighters. Representative Lois Capps (D-CA) spoke to delegates at the IAFF 2007 Alfred K. Whitehead Legislative Conference on the importance of passing the Federal Firefighters Fairness Act.

“Most people don’t understand what it’s like to go into a situation where you don’t know what you might be exposed to,” said Capps, a sponsor of the legislation. “Science tells us that stress plus exposure to toxins can result in life-threatening diseases. The least we can do is provide health coverage for our federal fire fighters through this important presumptive legislation. We are going to pass that bill with your help.”

Capps relayed how a municipal fire fighter’s unfortunate experience resulted in protections for other fire fighters. “A fire fighter in my district contracted cancer because the bunk room at his firehouse was right next to the room that collected fire truck diesel fumes,” she said. “His story inspired the implementation of diesel exhaust recovery systems – which were paid for by the FIRE Act – in his city.

“City fire fighters are gaining these protections,” Capps continued. “It is about time we do the same for our federal fire fighters.”

Capps went on to lament about a federal fire fighter in her district who was diagnosed with cancer. But because there are no presumptive laws to protect him, he has mounting medical bills.

“Tell your congressional leaders about this important legislation and that they need to pass it,” Capps said. “If anyone says there’s not enough proof, tell them to work a shift in your boots to see if they still agree.”

Federal fire fighters do get some protection under the Federal Employee Compensation Act (FECA), but few are able to receive the benefits because fire fighters must be able to pinpoint the exact incident in which they contracted the disease or illness. Since fire fighters answer so many calls, this is next to impossible to do.

With the Federal Firefighters Fairness Act, a rebuttable presumption law would be enacted. Essentially, federal fire fighters who contract cardiovascular disease, certain cancers and certain infectious diseases would be considered job-related for the purposes of workers’ compensation and disability retirement. Fire fighters could only be denied if employers could prove the disease was contracted some other way.

The House version of this bill has been referred to the Committee on Education and Labor. The Senate version is expected to be introduced in the near future.