II
Calendar No. 160
111th CONGRESS
1st Session
S. 599
[Report No. 111–75]
IN THE SENATE OF THE UNITED STATES
March 16, 2009
Mr. Carper (for himself, Ms. Collins, Mr. Inhofe, Mr. Whitehouse, Mr. Lieberman, Mr. Dodd, Mr. Kerry, Mrs. Boxer, Mr. Wyden, Mr. Bennet, Mrs. Murray, Ms. Landrieu, Mr. Bingaman, Mr. Kennedy, Mr. Begich, Mr. Webb, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs
September 14, 2009
Reported by Mr. Lieberman, with amendments
Omit the part struck through and insert the part printed in italic
A BILL
To amend chapter 81 of title 5, United States Code, to create a presumption that a disability or death of a Federal employee in fire protection activities caused by any of certain diseases is the result of the performance of such employee’s duty.
Short title
This Act may be cited as the
Federal Firefighters Fairness Act of
2009
.
Federal Firefighters Fairness
Certain diseases presumed to be work-related cause of disability or death for Federal employees in fire protection activities
Definition
Section 8101 of title 5, United States Code, is amended by adding at the end the following:
employee in fire protection activities means a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who—
is trained in fire suppression;
has the legal authority and responsibility to engage in fire suppression;
is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and
performs such activities as a primary responsibility of his or her job.
.
Presumption relating to employees in fire protection activities
Section 8102 of title 5, United States Code, is amended by adding at the end the following new subsection:
With regard to an employee in fire protection activities, a disease specified in paragraph (2) shall be presumed to be proximately caused by the employment of such employee, subject to the length of service requirements specified. The disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee’s duty. Such presumptions may be rebutted by a preponderance of the evidence.
The following diseases shall be presumed to be proximately caused by the employment of the employee:
If the employee has been employed for a minimum of 5 years:
Heart disease.
Lung disease.
The following cancers:
Brain cancer.
Cancer of the blood or lymphatic systems.
Leukemia.
Lymphoma (except Hodgkin’s disease).
Multiple myeloma.
Bladder cancer.
Kidney cancer.
Testicular cancer.
Cancer of the digestive system.
Colon cancer.
Liver cancer.
Skin cancer.
Lung cancer.
Any other cancer the contraction of which the Secretary of Labor determines to be related to the hazards to which an employee in fire protection activities may be subject.
Regardless of the length of time an employee has been employed, any uncommon infectious disease, including tuberculosis, hepatitis A, B, or C, and the human immunodeficiency virus (HIV), the contraction of which the Secretary of Labor determines to be related to the hazards to which an employee in fire protection activities may be subject.
.
Report
Not
later than 10 years after the date of enactment of this Act, the National
Institute of Occupational Safety and Health in the Centers for Disease Control
and Prevention shall examine the implementation of this
Acttitle and
appropriate scientific and medical data related to the health risks associated
with firefighting and submit to Congress a report which shall include—
an analysis of
the injury claims made under this
Acttitle;
an analysis of the available research related to the health risks associated with firefighting; and
recommendations
for any administrative or legislative actions necessary to ensure that those
diseases most associated with firefighting are included in the presumption
created by this
Acttitle.
Effective Date
The amendment made by this section applies to an injury that is first diagnosed, or a death that occurs, on or after the date of enactment of this Act.
Notifications of Possible Exposure to Infectious Diseases
Infectious diseases and circumstances relevant to notification requirements
In General
Not later than 180 days after the date of the enactment
of this Act, the Secretary of Health and Human Services (referred to in this
title as the Secretary
) shall complete the development
of—
a list of potentially life-threatening infectious diseases to which emergency response employees may be exposed in responding to emergencies;
guidelines describing the circumstances in which such employees may be exposed to such diseases, taking into account the conditions under which emergency response is provided; and
guidelines describing the manner in which medical facilities should make determinations for purposes of section 203(d).
Specification of airborne infectious diseases
The list developed by the Secretary under subsection (a)(1) shall include a specification of those infectious diseases on the list that are routinely transmitted through airborne or aerosolized means.
Dissemination
The Secretary shall—
transmit to State public health officers copies of the list and guidelines developed by the Secretary under subsection (a) with the request that the officers disseminate such copies as appropriate throughout the States; and
make such copies available to the public.
Routine notifications with respect to airborne infectious diseases in victims assisted
Routine notification of designated officer
Determination by treating facility
If a victim of an emergency is transported by emergency response employees to a medical facility and the medical facility makes a determination that the victim has an airborne infectious disease, the medical facility shall notify the designated officer of the emergency response employees who transported the victim to the medical facility of the determination.
Determination by facility ascertaining cause of death
If a victim of an emergency is transported by emergency response employees to a medical facility and the victim dies at or before reaching the medical facility, the medical facility ascertaining the cause of death shall notify the designated officer of the emergency response employees who transported the victim to the initial medical facility of any determination by the medical facility that the victim had an airborne infectious disease.
Requirement of prompt notification
With respect to a determination described in paragraph (1) or (2) of subsection (a), the notification required in each of such paragraphs shall be made as soon as is practicable, but not later than 48 hours after the determination is made.
Request for notifications with respect to victims assisted
Initiation of process by employee
If an emergency response employee believes that the employee may have been exposed to an infectious disease by a victim of an emergency who was transported to a medical facility as a result of the emergency, and if the employee attended, treated, assisted, or transported the victim pursuant to the emergency, then the designated officer of the employee shall, upon the request of the employee, carry out the duties described in subsection (b) regarding a determination of whether the employee may have been exposed to an infectious disease by the victim.
Initial determination by designated officer
The duties referred to in subsection (a) are that—
the designated officer involved collect the facts relating to the circumstances under which, for purposes of subsection (a), the employee involved may have been exposed to an infectious disease; and
the designated officer evaluate such facts and make a determination of whether, if the victim involved had any infectious disease included on the list issued under paragraph (1) of section 201(a), the employee would have been exposed to the disease under such facts, as indicated by the guidelines issued under paragraph (2) of such section.
Submission of request to a medical facility
In general
If a designated officer makes a determination under subsection (b)(2) that an emergency response employee may have been exposed to an infectious disease, the designated officer shall submit to the medical facility to which the victim involved was transported a request for a response under subsection (d) regarding the victim of the emergency involved.
Form of request
A request under paragraph (1) shall be in writing and be signed by the designated officer involved, and shall contain a statement of the facts collected pursuant to subsection (b)(1).
Evaluation and response regarding request to medical facility
In general
If a medical facility receives a request under subsection (c), the medical facility shall evaluate the facts submitted in the request and make a determination of whether, on the basis of the medical information possessed by the facility regarding the victim involved, the emergency response employee was exposed to an infectious disease included on the list issued under paragraph (1) of section 201(a), as indicated by the guidelines issued under paragraph (2) of such section.
Notification of exposure
If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has been exposed to an infectious disease, the medical facility shall, in writing, notify the designated officer who submitted the request under subsection (c) of the determination.
Finding of no exposure
If a medical facility makes a determination under paragraph (1) that the emergency response employee involved has not been exposed to an infectious disease, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the determination.
Insufficient information
If a medical facility finds in evaluating facts for purposes of paragraph (1) that the facts are insufficient to make the determination described in such paragraph, the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of the facts.
If a medical facility finds in making a determination under paragraph (1) that the facility possesses no information on whether the victim involved has an infectious disease included on the list under section 201(a), the medical facility shall, in writing, inform the designated officer who submitted the request under subsection (c) of the insufficiency of such medical information.
If after making a response under clause (i) a medical facility determines that the victim involved has an infectious disease, the medical facility shall make the determination described in paragraph (1) and provide the applicable response specified in this subsection.
Time for making response
After receiving a request under subsection (c) (including any such request resubmitted under subsection (g)(2)), a medical facility shall make the applicable response specified in subsection (d) as soon as is practicable, but not later than 48 hours after receiving the request.
Death of victim of emergency
Facility ascertaining cause of death
If a victim described in subsection (a) dies at or before reaching the medical facility involved, and the medical facility receives a request under subsection (c), the medical facility shall provide a copy of the request to the medical facility ascertaining the cause of death of the victim, if such facility is a different medical facility than the facility that received the original request.
Responsibility of facility
Upon the receipt of a copy of a request for purposes of paragraph (1), the duties otherwise established in this title regarding medical facilities shall apply to the medical facility ascertaining the cause of death of the victim in the same manner and to the same extent as such duties apply to the medical facility originally receiving the request.
Assistance of public health officer
Evaluation of response of medical facility regarding insufficient facts
In the case of a request under subsection (c) to which a medical facility has made the response specified in subsection (d)(4)(A) regarding the insufficiency of facts, the public health officer for the community in which the medical facility is located shall evaluate the request and the response, if the designated officer involved submits such documents to the officer with the request that the officer make such an evaluation.
As soon as is practicable after a public health officer receives a request under paragraph (1), but not later than 48 hours after receipt of the request, the public health officer shall complete the evaluation required in such paragraph and inform the designated officer of the results of the evaluation.
Findings of evaluation
If an evaluation under paragraph (1)(A) indicates that the facts provided to the medical facility pursuant to subsection (c) were sufficient for purposes of determinations under subsection (d)(1)—
the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and
the medical facility shall provide to the designated officer the applicable response specified in subsection (d).
If an evaluation under paragraph (1)(A) indicates that the facts provided in the request to the medical facility were insufficient for purposes of determinations specified in subsection (c)—
the public health officer shall provide advice to the designated officer regarding the collection and description of appropriate facts; and
if sufficient facts are obtained by the designated officer—
the public health officer shall, on behalf of the designated officer involved, resubmit the request to the medical facility; and
the medical facility shall provide to the designated officer the appropriate response under subsection (c).
Procedures for notification of exposure
Contents of notification to officer
In making a notification required under section 202 or 203(d)(2), a medical facility shall provide—
the name of the infectious disease involved; and
the date on which the victim of the emergency involved was transported by emergency response employees to the medical facility involved.
Manner of notification
If a notification under section 202 or 203(d)(2) is mailed or otherwise indirectly made—
the medical facility sending the notification shall, upon sending the notification, inform the designated officer to whom the notification is sent of the fact that the notification has been sent; and
such designated officer shall, not later than 10 days after being informed by the medical facility that the notification has been sent, inform such medical facility whether the designated officer has received the notification.
Notification of employee
In general
After receiving a notification for purposes of section 202 or 203(d)(2), a designated officer of emergency response employees shall, to the extent practicable, immediately notify each of such employees who—
responded to the emergency involved; and
as indicated by guidelines developed by the Secretary, may have been exposed to an infectious disease.
Certain contents of notification to employee
A notification under this subsection to an emergency response employee shall inform the employee of—
the fact that the employee may have been exposed to an infectious disease and the name of the disease involved;
any action by the employee that, as indicated by guidelines developed by the Secretary, is medically appropriate; and
if medically appropriate under such criteria, the date of such emergency.
Responses other than notification of exposure
After receiving a response under paragraph (3) or (4) of subsection (d) of section 203, or a response under subsection (g)(1) of such section, the designated officer for the employee shall, to the extent practicable, immediately inform the employee of the response.
Selection of designated officers
In general
For the purposes of receiving notifications and responses and making requests under this title on behalf of emergency response employees, the public health officer of each State shall designate 1 official or officer of each employer of emergency response employees in the State.
Preference in making designations
In making the designations required in subsection (a), a public health officer shall give preference to individuals who are trained in the provision of health care or in the control of infectious diseases.
Limitations with respect to duties of medical facilities
The duties established in this title for a medical facility—
shall apply only to medical information possessed by the facility during the period in which the facility is treating the victim for conditions arising from the emergency, or during the 60-day period beginning on the date on which the victim is transported by emergency response employees to the facility, whichever period expires first; and
shall not apply to any extent after the expiration of the 30-day period beginning on the expiration of the applicable period referred to in paragraph (1), except that such duties shall apply with respect to any request under section 203(c) received by a medical facility before the expiration of such 30-day period.
Rules of construction
Liability of medical facilities and designated officers
This title may not be construed to authorize any cause of action for damages or any civil penalty against any medical facility, or any designated officer, for failure to comply with the duties established in this title.
Testing
This title may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease.
Confidentiality
This title may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.
Failure to provide emergency services
This title may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency.
Injunctions regarding violation of prohibition
In general
The Secretary may, in any court of competent jurisdiction, commence a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to any violation of this title.
Facilitation of information on violations
The Secretary shall establish an administrative process for encouraging emergency response employees to provide information to the Secretary regarding violations of this title. As appropriate, the Secretary shall investigate alleged such violations and seek appropriate injunctive relief.
Applicability of title
This title shall not apply in a State if the chief executive officer of the State certifies to the Secretary that the law of the State is in substantial compliance with this title.
September 14, 2009
Reported with amendments