Analysis

Sponsor: Rogers, DeBeaussaert, Stille, Steil
Committee: Human Resources, Labor and Veterans Affairs

Position: The Department of Consumer and Industry Services neither supports nor opposes this bill.

Background: Firefighters involved in modern building fires are exposed to many toxic substances that are produced when modern chemical components are incinerated. Because firefighters are exposed to this potential hazzard as a result of the nature of their employment, the argument is made that these types of cancers and resulting illnesses should be covered under the Workers' Disability Compensation Act if the firefighter is not eligible for a disability pension.

Bill Content: The bill would amend Section 418.405 of the Workers' Disability Compensation Act to indicate that in addition to respiratory and heart diseases and illnesses resulting there from, certain occupational cancers and illnesses resulting there from will be deemed to arise out of and in the course and scope of employment in the absence of evidence to the contrary for members employed 24 months or more of fully paid fire departments. The new language further states that if the member of the fully paid fire department is found to be a consistent smoker of cigarettes or other tobacco within five years preceeding the date of filing a claim, then this conclusive presumption would not apply.

This bill also requires that the Workers' Disability Compensation Bureau produce a study for the legislature by June 30, 1999 researching the financial and procedural implications of applying a cancer presumption to volunteer firefighters.

Arguments

For: Firefighters have a much higher chance of being exposed to carcenigenic substances than members of other occupations. Equipment used by firefighters is not always completely effective and industrial fires can produce toxic and hazardous fumes.

A number of medical studies have substantiated a link between the specific cancers listed in this bill and the type of toxic pollutants exposure that is found in modern building fires.

Against: The causal relationship between cancer and exposure to pollutants can vary from individual to individual and should be subject to proof before the magistrate in each case. Although the language in the bill eliminates the conclusive presumption for cancer related disability in the event that a person has been a consistent smoker for the last five years, this bill does not define "consistent smoker."

Supporters/Opponents: This bill has been supported by all of the firefighters associations and councils. The Michigan Chamber of Commerce opposed the bill.

Fiscal Analysis: The bill affects the Bureau of Workers' Disability Compensation. Because the majority of individuals in fully paid fire departments elect to take a disability pension rather than workers' compensation, this bill will not increase the number of workers' compensation cases significantly. At this time it is hard to gauge the magnitude of the study that will be required by the bureau under the language of the bill, but it is not likely that any additional funding will be required to accomplish this goal.