Washington State
House of Representatives
Office of Program Research
BILL
ANALYSIS
Labor & Workplace Standards Committee
HB 1571
Brief Description: Removing qualifiers related to the presumption of occupational disease for heart problems.
Sponsors: Representatives Bronoske, Low, Parshley, Doglio, Pollet, Reed and Nance.
Brief Summary of Bill
  • Extends the presumption that heart problems are an occupational disease for certain firefighters and law enforcement officers by removing exposure related qualifiers.
Hearing Date: 2/5/25
Staff: Benjamin McCarthy (786-7116).
Background:

Under the state's industrial insurance (workers' compensation) laws, a worker who, in the course of employment, is injured or suffers disability from an occupational disease is entitled to certain benefits.? An occupational disease is a disease that arises "naturally and proximately" out of employment.

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Firefighters.

For certain firefighters who are members of the Law Enforcement Officers' and Fire Fighters' Retirement System (LEOFF), certain private sector firefighters, and public fire investigators there is a presumption that certain medical conditions are occupational diseases.? One of these conditions is heart problems.? For the presumption to apply, the heart problems must be experienced within 72 hours of exposure to smoke, fumes, or toxic substances; or experienced within 24 hours of strenuous physical exertion due to firefighting activities.

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Law Enforcement Officers.

For certain law enforcement officers who are members of the LEOFF and are covered by workers' compensation there is a presumption that any heart problems that are experienced within 72 hours of exposure to smoke, fumes, or toxic substances; or experienced within 24 hours of strenuous physical exertion in the line of duty are an occupational disease.

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Presumption.

The presumption of occupational disease may be rebutted by a preponderance of evidence, including:? (1) use of tobacco products; (2) physical fitness and weight; (3) lifestyle; (4) hereditary factors; and (5) exposure from other employment or nonemployment activities.? In addition, the presumption does not apply to a firefighter or law enforcement officer who develops a heart or lung condition and who is a regular user of tobacco products or who has a history of tobacco use.

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The presumption extends beyond employment by three months for every year a firefighter or law enforcement officer serves, but not beyond a maximum of 60 months after the last day of employment.
Summary of Bill:

The qualifiers relating to exposure to smoke, fumes, toxic substances, or strenuous physical exertion are removed.? Covered firefighters and law enforcement officers' heart problems are presumed to be occupational diseases.? This presumption lasts for three additional months after employment for every year a firefighter or law enforcement officer serves, up to a maximum of 60 months after the last day of employment.

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This is the Erik Shouse Memorial Act.
Appropriation: None.
Fiscal Note: Requested on January 30, 2025.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.