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Legislative Alert 2008-02
Date: February 28, 2008
From: Jim Howell, Executive Director
To: All Local Presidents and Council 15 members
Re: Call to Action
Council 15 has once again joined with the UPFFA (State Firefighters) and have introduced a concept to the State General Assembly for consideration during the current 2008 Session. This concept has been raised as:
House Bill No. 5629 AN ACT CONCERNING WORKERS’ COMPENSATION COVERAGE FOR FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY RESCUE WORKERS.
A working copy of this legislation is enclosed for your information.
This bill is a work in progress which we expect will be fine tuned as it proceeds through the legislative process. We have asked for the addition language in this bill which will recognize our sworn police officers in our constable towns.
The bill has been scheduled for a Public Hearing before the Labor and Public Employees Committee as follows:
2:30 pm on Tuesday March 4, 2008 at the State Capitol
Legislative Office Building (LOB) (meeting room to be announced)
It is important that we have a presence at the Capitol for the Public Hearing to show the legislators that there is strong support for our issues. The lawmakers consider the support (or opposition) from their home districts when deciding whether to support or oppose pending legislation.
Council 15 is strongly urging you to participate on Tuesday by coming to the Public Hearing with as many of your members as possible to show our interest in moving House Bill No. 5629 forward. When at the hearing, you may remain in the gallery to support your sister and brother officers who have decided to testify, you can ‘lobby’ legislators from your home districts while at the Capitol, and/or you may decide to sign in to present testimony in your own words.
Council 15 will provide a T-shirt with our logo in sizes to be worn over your street clothes, to identify our members in the building and hearing rooms.
Important: Please RSVP to Stephanie or Marcie at 800.750.3035 with the
number of expected participants for planning purposes.
Raised H.B. No. 5629
Session Year 2008
AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY RESCUE WORKERS.
To establish a rebuttable presumption that a firefighter, police officer or emergency rescue worker who contracts hepatitis, meningococcal meningitis, tuberculosis or certain other diseases is eligible for workers' compensation provided he or she meets certain requirements.
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Referred to Committee on Labor and Public Employees
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PUBLIC HEARING Time and Date: 2:30 pm - Tuesday March 4, 2008
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PLACE: Legislative Office Building
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Meeting Room: To Be Announced
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AN ACT CONCERNING WORKERS' COMPENSATION COVERAGE FOR FIREFIGHTERS, POLICE OFFICERS AND EMERGENCY RESCUE WORKERS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2008) (a) As used in this section:
(1) "Body fluids" means blood and body fluids containing visible blood and other body fluids to which universal precautions for prevention of occupational transmission of blood-borne pathogens, as established by the National Centers for Disease Control, apply. For purposes of potential transmission of meningococcal meningitis or tuberculosis, the term "body fluids" includes respiratory, salivary and sinus fluids, including droplets, sputum and saliva, mucous and other fluids through which infectious airborne organisms can be transmitted between persons.
(2) "Emergency rescue worker" means a local emergency medical technician, medical response technician, paramedic, ambulance driver, or active member of an organization certified as a volunteer ambulance service in accordance with section 19a-180 of the 2008 supplement to the general statutes who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis or tuberculosis.
(3) "Police officer or firefighter" means a local or state police officer, a state or local firefighter or an active member of a volunteer fire company or fire department engaged in volunteer duties who, in the course of employment, runs a high risk of occupational exposure to hepatitis, meningococcal meningitis or tuberculosis.
(4) "Hepatitis" means hepatitis A, hepatitis B, hepatitis non-A, hepatitis non-B, hepatitis C or any other strain of hepatitis generally recognized by the medical community.
(5) "High risk of occupational exposure" means the risk incurred as a result of the basic duties of employment, where the employee:
(A) Provides emergency medical treatment in a nonhealth-care setting where there is a potential for transfer of body fluids between persons;
(B) At the site of an accident, fire or other rescue or public safety operation, or in an emergency rescue or public safety vehicle handles, body fluids in or out of containers or works with or otherwise handles needles or other sharp instruments exposed to body fluids; or
(C) Engages in the pursuit, apprehension or arrest of law violators or suspected law violators and, in performing such duties, may be exposed to body fluids.
(6) "Occupational exposure", in the case of hepatitis, meningococcal meningitis or tuberculosis, means an exposure that occurs during the performance of job duties that may place a worker at risk of infection.
(b) Any police officer, firefighter or emergency rescue worker who suffers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis or tuberculosis that requires medical treatment and that results in total or partial incapacity or death, shall be presumed to have sustained such condition or impairment of health in the course of employment and shall be entitled to receive workers' compensation benefits pursuant to chapter 568 of the general statutes, unless the contrary is shown by competent evidence, provided:
(1) The police officer, firefighter or emergency rescue worker completed a physical examination, including a tuberculosis skin test, on entry into police or fire service that failed to reveal any evidence of such condition or impairment of health; and
(2) The police officer, firefighter or emergency rescue worker presents a written affidavit verifying by written declaration that, to the best of his or her knowledge and belief:
(A) In the case of meningococcal meningitis, in the ten days immediately preceding diagnosis, the police officer, firefighter or emergency rescue worker was not exposed, outside the scope of employment, to any person known to have meningococcal meningitis or known to be an asymptomatic carrier of the disease.
(B) In the case of tuberculosis, in the period of time since the police officer's, firefighter's or emergency rescue worker's last negative tuberculosis skin test, he or she has not been exposed, outside the scope of employment, to any person known by the police officer, firefighter or emergency rescue worker to have tuberculosis.
(c) Each employer shall maintain a record of any known or reasonably suspected exposure of any police officer, firefighter or emergency rescue worker in its employ to the diseases described in this section and shall immediately notify the employee of such exposure. A police officer, firefighter or emergency rescue worker shall file an incident or accident report with his or her employer of each instance of known or suspected occupational exposure to hepatitis, meningococcal meningitis or tuberculosis.
Sec. 2. Section 7-433c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2008):
(a) Notwithstanding any provision of chapter 568 or any other general statute, charter, special act or ordinance, [to the contrary,] in the event a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department who (1) began such employment prior to July 1, 1996, and (2) successfully passed a physical examination on entry into such service, which examination failed to reveal any evidence of hypertension or heart disease, suffers either off duty or on duty any condition or impairment of health caused by hypertension or heart disease resulting in [his death or his] such member's death or temporary or permanent, total or partial disability, [he or his] such member or such member's dependents, as the case may be, shall receive from [his] such member's municipal employer compensation and medical care in the same amount and the same manner as that provided under chapter 568 if such death or disability was caused by a personal injury which arose out of and in the course of [his] such member's employment and was suffered in the line of duty and within the scope of [his] such member's employment, and from the municipal or state retirement system under which [he] such member is covered, [he or his] such member or such member's dependents, as the case may be, shall receive the same retirement or survivor benefits which would be paid under said system if such death or disability was caused by a personal injury which arose out of and in the course of [his] such member's employment, and was suffered in the line of duty and within the scope of [his] such member's employment. If successful passage of such a physical examination was, at the time of [his] employment, required as a condition for such employment, no proof or record of such examination shall be required as evidence in the maintenance of a claim under this section or under such municipal or state retirement systems. The benefits provided by this section shall be in lieu of any other benefits which such [policeman or fireman or his] member or such member's dependents may be entitled to receive from [his] such member's municipal employer under the provisions of chapter 568 or the municipal or state retirement system under which [he] such member is covered, except as provided by this section, as a result of any condition or impairment of health caused by hypertension or heart disease resulting in [his death or his] such member's death or temporary or permanent, total or partial disability. As used in this section, the term "municipal employer" shall have the same meaning and shall be defined as said term is defined in section 7-467.
[(b)Notwithstanding the provisions of subsection (a) of this section, those persons who began employment on or after July 1, 1996, shall not be eligible for any benefits pursuant to this section.]
(b) For the purpose of adjudication of claims for the payment of benefits under the provisions of chapter 568 to a uniformed member of a paid municipal fire department or a regular member of a paid municipal police department who began such employment on or after July 1, 1996, any condition of impairment of health caused by hypertension or heart disease occurring to such member while such member is on duty and acting within the scope of such member's employment for such member's municipal employer that results in death or temporary or permanent total or partial disability shall be presumed to have been suffered in the line of duty and within the scope of such member's employment, unless the contrary is shown by competent evidence, provided such member completed a physical examination on entry into such employment that failed to reveal any evidence of hypertension or heart disease.
Sec. 3. (NEW) (Effective October 1, 2008) Notwithstanding any provision of the general statutes, any state or local firefighter, active member of a volunteer fire company or fire department engaged in volunteer duties who is diagnosed with multiple myeloma, non-Hodgkin's lymphoma, prostate or testicular cancer resulting in total or partial disability or death shall be presumed to have sustained such cancer in the course of employment and shall be entitled to receive workers' compensation benefits pursuant to chapter 568 of the general statutes, unless the contrary is shown by a preponderance of the evidence, provided the firefighter:
(1) Completed a physical examination on entry into such employment that failed to reveal any evidence of such cancer;
(2) Was employed as a firefighter for five or more years at the time the cancer is discovered;
(3) Established that he or she regularly responded to the scene of fires or fire investigations during some portion of his or her employment as a firefighter; and
(4) Provides documentation that, while responding to the scene of fires or fire investigations, the firefighter was exposed to a substance or substances scientifically determined to be causally-related to the type of cancer for which he or she is claiming compensation under this section.
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This act shall take effect as follows and shall amend the following sections:
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Section 1
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October 1, 2008
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New section
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Sec. 2
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October 1, 2008
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7-433c
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Sec. 3
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October 1, 2008
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New section
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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