BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 585|
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THIRD READING
Bill No: AB 585
Author: Fong (D), et al.
Amended: 7/12/11 in Senate
Vote: 21
SENATE LABOR & INDUSTRIAL RELATIONS COMM. : 6-0, 7/6/11
AYES: Lieu, Wyland, DeSaulnier, Leno, Padilla, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : Not relevant
SUBJECT : Workers compensation: cancer presumption
SOURCE : California Professional Firefighters
DIGEST : This bill extends the disputable presumption of
cancer as an occupational injury to active firefighting
members of a fire department that serve a National
Aeronautics and Space Administration installation and who
adhere to training standards, as specified.
ANALYSIS : Existing law establishes a workers'
compensation system that provides benefits to an employee
who suffers from an injury or illness that arises out of
and in the course of employment, irrespective of fault.
This system requires all employers to secure payment of
benefits by either securing the consent of the Department
of Industrial Relations to self-insure or by securing
insurance against liability from an insurance company duly
authorized by the state.
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Existing law creates, through the William Dallas Jones
Cancer Presumption Act of 2010, a disputable presumption
that if a "firefighter", as defined, develops cancer, the
cancer is considered an occupational injury for the
purposes of the workers' compensation system. The
compensation awarded for occupationally-related cancer must
include full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by
workers compensation law. This presumption runs for 10
years, commencing on their last day of employment.
Existing law provides that the presumptions listed above
are disputable and may be controverted by evidence.
However, unless controverted, the Workers' Compensation
Appeals Board must find is accordance with the presumption.
Existing law provides that the following firefighting
members are eligible for the above-discussed cancer
presumption:
1. A fire department of a city, county, city and county,
district, or other public or municipal corporation or
political subdivision.
2. A fire department of the University of California (UC)
and the California State University (CSU).
3. The Department of Forestry and Fire Protection.
4. A county forestry or firefighting department or unit.
5. Active firefighting members of a fire department that
serves a United States Department of Defense (DOD)
installation and who are certified by the DOD as meeting
its standards for firefighters.
Existing law provides that the State Fire Marshal, with
policy guidance and advice from the State Board of Fire
Services, must manage and direct a comprehensive training
and education program for all of California's firefighting
personnel. (Health and Safety Code Sections 13155 to
13159.4)
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This bill extends the disputable presumption of cancer as
an occupational injury to active firefighting members of a
fire department that serve a National Aeronautics and Space
Administration (NASA) installation and who adhere to
training standards discussed above.
Comments
The statutory provision for a rebuttable presumption of
cancer being an occupational injury dates back to 1982.
When originally created, the presumption was only extended
to city, county, city and county and municipal fire
departments, as well as the UC and the CSU fire
departments. Over time, this exemption was extended to
additional groups of firefighters, including fire
departments on DOD installations.
Several studies have suggested that firefighters have a
higher incidence of certain cancers. A May 2007 Study from
the School of Public Health at UC Berkeley found an
increased incidence of testicular cancer (odds ratio =
1.54, 95 percent confidence interval: 1.18-2.02), melanoma
(1.50, 1.33-1.70), brain cancer (1.35, 1.06-1.72),
esophageal cancer (1.48, 1.14-1.91), and prostate cancer
(1.22, 1.12-1.33). While a 2008 RAND study disputed that
there was a higher incidence of cancer among firefighters,
other studies done in Massachusetts, Florida, and Seattle
and Tacoma, Washington found similar results to the UC
Berkeley study.
This bill extends the rebuttable presumption of cancer
being an occupational injury to active firefighting
departments on NASA installations.
California currently has two NASA facilities - the Ames
Research Center in Mountain View and the Jet Propulsion
Laboratory in Pasadena. The bill's sponsor and author note
that both facilities have large amounts of jet fuel and
exotic metals and materials; when combusted, these items
can give off significant carcinogens that the firefighters
are exposed to both through inhalation and skin exposure.
The sponsor and author also note that these firefighters
are not employees of the federal government, and are
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therefore within the purview of California Labor Law.
Who was William "Dallas" Jones? William "Dallas" Jones was
a dedicated firefighter in Los Angeles County for nearly 35
years. The passion and professionalism with which he
conducted his duties as President for Los Angeles County
Firefighters Local 1014 and later as Secretary/Treasurer
for California Professional Firefighters made him highly
qualified to lead the state Office of Emergency Services
(OES) as Director from 1999-2004.
During his time at OES, Dallas responded to and was on the
ground during a myriad of emergencies, including the
devastating fire storms in 2003 that engulfed Southern
California. After leaving that post, he continued his work
by returning as Secretary-Treasurer for the California
Professional Firefighters, even after he was diagnosed with
cancer in 2007. He ultimately succumbed to cancer in 2008.
Prior Legislation
AB 2253 (Coto), Chapter 672, Statutes of 2010, lengthens
the statute of limitations for a workers' compensation
cancer presumption for peace officers and firefighters from
five years to 10 years.
SB 1271 (Cedillo), Chapter 747, Statutes of 2008, extends
the rebuttable presumption of cancer as an occupational
injury for firefighters to firefighters on DOD
installations.
AB 3011 (Torres), Chapter 1568, Statutes of 1982, created
the initial rebuttable presumption of cancer as an
occupational injury for firefighters.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/12/11)
California Professional Firefighters (source)
Glendale Fire Fighters' Association Local 776
Los Angeles County Fire Fighters Local 1014
Moffett Field Firefighter's Association Local I-79
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Palo Alto Professional Fire Fighters Local 1319
Pasadena Firefighters Local 809
San Jose Fire Fighters Local 230
Santa Clara County Fire Fighters Local 1165
South Pasadena Firefighters Local 3657
ARGUMENTS IN SUPPORT : Proponents note that current law
does not extend a cancer presumption to active firefighters
on NASA installations, despite the fact that they are
trained as per California requirements and exposed to
significant chemical hazards. Proponents note that at
Mountain View's NASA Ames Research Center and Pasadena's
NASA Jet Propulsion Laboratory, firefighters are in
constant contact with exotic metals and carbon fiber, which
are highly toxic when involved in a fire. On a daily
basis, these firefighters are exposed to extremely
hazardous chemicals and thousands of gallons of jet fuel
that are stored in these facilities.
While protecting the civil and military personnel on these
facilities, these firefighters are exposed to the same
hazardous materials, fires, and dangers as their
counterparts in the public sector. Therefore, the
proponents believe that is important that the existing
cancer presumption for firefighting personnel be extended
to NASA installation firefighters.
PQ:mw 7/12/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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