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General Assembly Raised Bill No. 313
February Session, 2022
LCO No. 2531
Referred to Committee on LABOR AND PUBLIC EMPLOYEES
Introduced by:
(LAB)
AN ACT CONCERNING ADOPTION OF THE RECOMMENDATIONS OF
THE TASK FORCE TO STUDY CANCER RELIEF BENEFITS FOR
FIREFIGHTERS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective July 1, 2022) (a) The Labor Department's 1
Division of Occupational Safety and Health shall adopt the International 2
Association of Fire Chiefs' Best Practices for Preventing Firefighter 3
Cancer. 4
(b) The Labor Department's Division of Occupational Safety and 5
Health shall additionally adopt a practice requiring not less than two 6
sets of turnout gear be provided to firefighters to ensure clean gear is 7
worn while any contaminated gear is properly cleaned. 8
Sec. 2. Section 31-294j of the general statutes is repealed and the 9
following is substituted in lieu thereof (Effective July 1, 2022): 10
(a) For the purpose of adjudication of claims for payment of benefits 11
under the provisions of this chapter, a uniformed member of a paid 12
municipal or volunteer fire department, a regular member of a paid 13 Raised Bill No. 313
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municipal police department, a constable, as defined in section 31-294i, 14
or a member of a volunteer ambulance service shall be eligible for such 15
benefits for any disease arising out of and in the course of employment, 16
including, but not limited to, hepatitis, meningococcal meningitis, 17
tuberculosis, Kahler's Disease, non-Hodgkin's lymphoma, and prostate 18
or testicular cancer that results in death or temporary or permanent total 19
or partial disability. 20
(b) Notwithstanding any provision of the general statutes, a 21
firefighter's diagnosis of cancer shall be presumed to arise out of and in 22
the course of employment as the result of exposures particular to the 23
duties performed as a firefighter for any condition of cancer affecting 24
the brain, skin, skeletal system, digestive system, endocrine system, 25
respiratory system, lymphatic system, reproductive system, urinary 26
system or hematological system that results in death, or temporary or 27
permanent total or partial disability. This presumption shall only be 28
rebutted by clear and convincing evidence of any of the following: (1) 29
The firefighter had a physical examination upon entry into such service, 30
or subsequent to entry, as the case may be, that revealed evidence of the 31
claimed cancer; (2) the firefighter has failed to submit to annual physical 32
examinations subsequent to entry into such service or that subsequent 33
physical examinations have revealed evidence of such cancer or a 34
propensity for such cancer; (3) such firefighter has used cigarettes, as 35
defined in section 12-285, or any other tobacco products, as defined in 36
section 12-330a, within fifteen years of the diagnosis of the claimed 37
cancer; (4) such firefighter has worked less than at least five years on or 38
after February 1, 2017, as (A) an interior structural firefighter at a paid 39
municipal, state or volunteer fire department, or (B) a local fire marshal, 40
deputy fire marshal, fire investigator, fire inspector or such other class 41
of inspector or investigator for whom the State Fire Marshal and the 42
Codes and Standards Committee, acting jointly, have adopted 43
minimum standards of qualification pursuant to section 29-298, at the 44
time such cancer is discovered, or should have been discovered; (5) the 45
firefighter has not used respiratory protection and other personal 46
protective equipment as described in the federal Occupational Safety 47 Raised Bill No. 313
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and Health Act standards adopted pursuant to 29 CFR 1910.134 and 29 48
CFR 1910.156 for a period of five consecutive years; or (6) the claimed 49
cancer is not one that is known to result from exposure to heat, radiation 50
or a known carcinogen as determined by the International Agency for 51
Research on Cancer or the National Toxicology Program of the United 52
States Department of Health and Human Services. For purposes of this 53
subsection, "interior structural firefighter" means an individual who 54
performs fire suppression, rescue or both, inside of buildings or 55
enclosed structures that are involved in a fire situation beyond the 56
incipient stage, as defined in 29 CFR 1910.155. 57
(c) Any individual, who is no longer actively serving as a firefighter 58
but who otherwise would fall within the provisions of subsection (a) of 59
this section, may apply for benefits under the provisions of this chapter 60
not later than five years after the date such individual last served as a 61
firefighter. 62
(d) A firefighter or other individual, who is eligible for benefits 63
pursuant to subsection (a) or (b) of this section, shall be required to 64
submit to annual physical examinations, including blood testing, during 65
the firefighter or other individual's active service and for a period of five 66
years after the date such firefighter or other individual last served as a 67
firefighter as a condition of receiving such benefits. An individual who 68
no longer serves as a firefighter shall bear the cost of any physical 69
examination required under this subsection. 70
(e) As an alternative to workers' compensation coverage for work 71
related cancer, a fire department may purchase a separate, private 72
insurance policy to cover firefighters' illnesses or injuries arising out of 73
and in the course of employment. Such policy shall provide benefits that 74
are comparable, or better, than workers' compensation benefits. 75
Sec. 3. (NEW) (Effective from passage) The Workers' Compensation 76
Commission shall maintain a record of all workers' compensation 77
claims made by firefighters due to a cancer diagnosis. Not later than 78
January first of each year, the Workers' Compensation Commission 79 Raised Bill No. 313
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shall submit a report summarizing such records to the joint standing 80
committee of the General Assembly having cognizance of matters 81
relating to labor. 82
Sec. 4. Section 7-313i of the general statutes is repealed and the 83
following is substituted in lieu thereof (Effective from passage): 84
(a) There is established a firefighters cancer relief subcommittee of 85
the Connecticut State Firefighters Association that shall consist of one 86
member from the Connecticut State Firefighters Association, one 87
member from the Connecticut Fire Chiefs Association, one member 88
from the Uniformed Professional Firefighters of the International 89
Association of Firefighters, one member from the Connecticut Fire 90
Marshals Association, and one member from the Connecticut 91
Conference of Municipalities. Such subcommittee shall review claims 92
for wage replacement benefits submitted to the firefighters cancer relief 93
program established pursuant to section 7-313j and provide wage 94
replacement benefits, in accordance with the provisions of subsection 95
(b) of section 3-123, to any firefighter who the subcommittee determines 96
is eligible for such wage replacement benefits pursuant to the provisions 97
of section 7-313j. The subcommittee may determine the weekly wage 98
replacement benefits provided to a firefighter in accordance with the 99
provisions of this chapter and chapter 568. 100
(b) A firefighter who is approved for wage replacement benefits by 101
the subcommittee pursuant to subsection (a) of this section shall be 102
eligible for such benefits on and after July 1, 2019, and for a period 103
determined by the subcommittee, provided such period shall not exceed 104
twenty-four months. The maximum weekly wage replacement benefit 105
under this section shall be determined by the subcommittee, provided 106
such maximum weekly wage replacement benefit shall not exceed one 107
hundred per cent, raised to the next even dollar, of the average weekly 108
earnings of all workers in the state for the year in which the condition 109
of cancer was diagnosed. The average weekly earnings of all workers in 110
the state shall be determined by the Labor Commissioner on or before 111
the fifteenth day of August of each year, to be effective the following 112 Raised Bill No. 313
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October first, and shall be the average of all workers' weekly earnings 113
for the year ending the previous June thirtieth and shall be so 114
determined in accordance with the standards for the determination of 115
average weekly earnings of all workers established by the United States 116
Department of Labor, Bureau of Labor Statistics. 117
(c) A firefighter may receive wage replacement benefits under this 118
section concurrently with any employer-provided employment 119
benefits, provided the total compensation of such firefighter during 120
such period of receiving benefits under this section shall not exceed such 121
firefighter's pay rate at the time such firefighter was diagnosed with a 122
condition of cancer described in section 7-313j. 123
[(d) No firefighter shall receive compensation under this section 124
concurrently with the provisions of chapter 567 or 568 or any other 125
municipal, state or federal program that provides wage replacement 126
benefits.] 127
[(e)] (d) No approval of wage replacement benefits for a firefighter by 128
the subcommittee pursuant to subsection (a) of this section shall be used 129
as evidence, proof or an acknowledgement of liability or causation in 130
any proceeding under chapter 568. 131
[(f)] (e) Notwithstanding any other provision of the general statutes, 132
any employer who provides accident and health insurance or life 133
insurance coverage for a firefighter or makes payments or contributions 134
at the regular hourly or weekly rate for the firefighter to an employee 135
welfare plan, shall provide to the firefighter equivalent insurance 136
coverage or welfare plan payments or contributions while the firefighter 137
is eligible to receive or is receiving wage replacement compensation 138
under this section. As used in this section, "employee welfare plan" 139
means any plan established or maintained for such firefighter or such 140
firefighter's family or dependents, or for both, for medical, surgical or 141
hospital care benefits. 142
[(g)] (f) The State Treasurer shall remit wage replacement benefits 143
that are approved by the subcommittee from the firefighters cancer 144 Raised Bill No. 313
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relief account established pursuant to section 7-313h not later than thirty 145
days after such benefits have been approved. 146
Sec. 5. Section 31-284b of the general statutes is repealed and the 147
following is substituted in lieu thereof (Effective from passage): 148
(a) In order to maintain, as nearly as possible, the income of 149
[employees] claimants who suffer employment-related injuries, any 150
employer who provides accident and health insurance or life insurance 151
coverage for any [employee] claimant or makes payments or 152
contributions at the regular hourly or weekly rate for full-time 153
employees to an employee welfare plan, shall provide to the [employee] 154
claimant equivalent insurance coverage or welfare plan payments or 155
contributions while the [employee] claimant is eligible to receive or is 156
receiving compensation pursuant to this chapter, or while the 157
[employee] claimant is receiving wages under a provision for sick leave 158
payments for time lost due to an employment-related injury. As used in 159
this section, "income" means all forms of remuneration to an individual 160
from his employment, including wages, accident and health insurance 161
coverage, life insurance coverage and employee welfare plan 162
contributions and "employee welfare plan" means any plan established 163
or maintained for employees or their families or dependents, or for both, 164
for medical, surgical or hospital care benefits. 165
(b) An employer may provide such equivalent accident and health or 166
life insurance coverage or welfare plan payments or contributions by: 167
(1) Insuring [his] the employee's full liability under this section in any 168
stock or mutual companies or associations that are or may be authorized 169
to take such risks in this state; (2) creating an injured employee's plan as 170
an extension of any existing plan for working employees; (3) self-171
insurance; or (4) by any combination of the methods provided in 172
subdivisions (1) to (3), inclusive, of this subsection that he may choose. 173
(c) In the case of an employee welfare plan, an employer may provide 174
equivalent protection by making payments or contributions for such 175
hours of contributions established by the trustees of the employee 176 Raised Bill No. 313
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welfare plan as necessary to maintain continuation of such insurance 177
coverage when the amount is less than the amount of regular hourly or 178
weekly contributions for full-time employees. 179
(d) In any case where compensation payments to an individual for 180
total incapacity under the provisions of section 31-307 continue for more 181
than one hundred four weeks, the cost of accident and health insurance 182
or life insurance coverage after the one-hundred-fourth week shall be 183
paid out of the Second Injury Fund in accordance with the provisions of 184
section 31-349. 185
(e) Accident and health insurance coverage may include, but shall not 186
be limited to, coverage provided by insurance or directly by the 187
employer for the following health care services: Medical, surgical, 188
dental, nursing and hospital care and treatment, drugs, diagnosis or 189
treatment of mental conditions or alcoholism, and pregnancy and child 190
care. 191
Sec. 6. (NEW) (Effective from passage) The Comptroller shall conduct a 192
study to assess the feasibility of providing pension benefits in 193
circumstances when a firefighter's pension maturity or number of years 194
of service required for the firefighter to receive pension benefits is not 195
met because of an early retirement due to a qualifying work-related 196
cancer or death. Such study shall include an examination of the 197
feasibility of implementing a prorated benefit for such instances. The 198
Comptroller shall report the results of such study and any 199
recommended legislation to the joint standing committee of the General 200
Assembly having cognizance of matters relating to labor. 201
Sec. 7. Subsection (d) of section 31-367 of the general statutes is 202
repealed and the following is substituted in lieu thereof (Effective from 203
passage): 204
(d) "Employer" means the state and any political subdivision thereof 205
and, except as provided in section 31-369, as amended by this act, any 206
volunteer fire department and any volunteer ambulance company; 207 Raised Bill No. 313
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Sec. 8. Section 31-369 of the general statutes is repealed and the 208
following is substituted in lieu thereof (Effective from passage): 209
(a) This chapter applies to all employers, employees and places of 210
employment in the state except the following: (1) Employees of the 211
United States government; [and] (2) working conditions of employees 212
over which federal agencies other than the United States Department of 213
Labor exercise statutory authority to prescribe or enforce standards or 214
regulations affecting occupational safety and health; and (3) any 215
volunteer fire department or volunteer ambulance company that is able 216
to demonstrate such department or company is regulated by the 217
Occupational Safety and Health Act of 1970, 29 USC 651 et seq., as 218
amended from time to time. 219
(b) Nothing in this chapter shall be construed to supersede or in any 220
manner affect any workers' compensation law or to enlarge, diminish or 221
affect in any manner common law or statutory rights, duties or liabilities 222
of employers or employees, under any law with respect to injuries, 223
diseases or death of employees arising out of and in the course of 224
employment. 225
Sec. 9. Subsection (c) of section 31-382 of the general statutes is 226
repealed and the following is substituted in lieu thereof (Effective from 227
passage): 228
(c) Any employer who has received a citation for a violation of the 229
requirements of sections 31-369, as amended by this act, and 31-370, of 230
any standard or order promulgated pursuant to section 31-372, or of 231
regulations adopted pursuant to this chapter, which violation is 232
specifically determined not to be of a serious nature, may be assessed a 233
civil penalty of up to one thousand dollars for each such violation, 234
except any volunteer fire department and any volunteer ambulance 235
company shall, for the first such violation, only be issued a written 236
warning. 237
Sec. 10. (Effective from passage) The sum of one million two hundred 238
thousand dollars is appropriated to the Firefighter's Cancer Relief 239 Raised Bill No. 313
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Account, established pursuant to section 7-313h of the general statutes, 240
from the General Fund, for the fiscal year ending June 30, 2023, for 241
retroactive pay for the years the annual appropriation of four hundred 242
thousand dollars was deferred. 243
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 New section
Sec. 2 July 1, 2022 31-294j
Sec. 3 from passage New section
Sec. 4 from passage 7-313i
Sec. 5 from passage 31-284b
Sec. 6 from passage New section
Sec. 7 from passage 31-367(d)
Sec. 8 from passage 31-369
Sec. 9 from passage 31-382(c)
Sec. 10 from passage New section
Statement of Purpose:
To adopt the recommendations of the task force to study cancer relief
benefits for firefighters.
[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.]