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Casey Snider proposes the following substitute bill:
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Firefighter Cancer Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill modifies the Utah Occupational Disease Act by expanding the rebuttable
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presumption for a firefighter diagnosed with cancer.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ expands the list of cancers that presumptively arise from service as a firefighter;
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▸ establishes requirements for the rebuttable presumption;
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▸ excludes respiratory cancers related to the use of cigarettes, electronic cigarettes, tobacco
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products, or marijuana from the rebuttable presumption;
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▸ provides a cancer screening to the firefighter;
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▸ requires the fire department where a firefighter is working to cover the out-of-pocket cost
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of the cancer screening; and
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▸ provides for the management of the cancer screening program.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill provides a special effective date.
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Utah Code Sections Affected:
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AMENDS:
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34A-3-101, as renumbered and amended by Laws of Utah 1997, Chapter 375
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34A-3-105, as renumbered and amended by Laws of Utah 1997, Chapter 375
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34A-3-113, as last amended by Laws of Utah 2023, Chapters 25, 364
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53B-29-202, as last amended by Laws of Utah 2024, Chapter 169
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ENACTS:
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34A-3-114, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 34A-3-101 is amended to read:
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34A-3-101 . Title -- Definitions.
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(1) This chapter is known as the "Utah Occupational Disease Act."
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(2) For purposes of this chapter[,] :
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(a) ["division"] "Division" means the Division of Industrial Accidents.
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(b)(i) "Firefighter" means a member of a public fire department or other public
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firefighting organization that provides fire suppression and other fire-related
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service who is responsible for or serves in a capacity that includes responsibility
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for the extinguishment of fires.
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(ii) "Firefighter" includes:
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(A) an individual who is a designated personal protective equipment technician; or
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(B) a volunteer safety officer as described in Subsection 67-20-2(10)(b)(ii).
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(iii)(A) "Firefighter" does not include any other individual whose job description,
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duties, or responsibilities do not include direct involvement in fire suppression;
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or
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(B) individuals who provide private suppression or other private fire-related
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protection services.
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(c) "Fire and rescue training program" means the program described in Section
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53B-29-202.
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(d) "Presumptive cancer" means one or more of the following cancers:
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(i) bladder;
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(ii) brain;
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(iii) colorectal;
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(iv) esophageal;
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(v) kidney;
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(vi) leukemias;
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(vii) lung;
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(viii) lymphomas;
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(ix) melanomas;
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(x) mesotheliomas;
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(xi) oropharynx;
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(xii) ovarian;
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(xiii) prostate;
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(xiv) testicular; and
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(xv) thyroid.
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(e) "Rocky Mountain Center for Occupational and Environmental Health" means the
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center described in Section 53B-30-203.
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Section 2. Section 34A-3-105 is amended to read:
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34A-3-105 . Last employer liable -- Exception.
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(1) [To ] Except as provided in Subsection 34A-3-113(5), the extent compensation is
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payable under this chapter for an occupational disease which arises out of and in the
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course of an employee's employment for more than one employer, the only employer
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liable shall be the employer in whose employment the employee was last injuriously
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exposed to the hazards of the disease if:
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(a) the employee's exposure in the course of employment with that employer was a
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substantial contributing medical cause of the alleged occupational disease; and
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(b) the employee was employed by that employer for at least 12 consecutive months.
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(2) Should the conditions of Subsection (1) not be met, liability for disability, death, and
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medical benefits shall be apportioned between employers based on the involved
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employers' causal contribution to the occupational disease.
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Section 3. Section 34A-3-113 is amended to read:
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34A-3-113 . Presumption of workers' compensation benefits for firefighters --
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Study.
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[(1) As used in this section:]
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[(a)(i) "Firefighter" means a member, including a volunteer member, as described in
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Subsection 67-20-2(10)(b)(ii), or a member paid on call, of a fire department or
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other organization that provides fire suppression and other fire-related service who
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is responsible for or is in a capacity that includes responsibility for the
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extinguishment of fires.]
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[(ii) "Firefighter" does not include a person whose job description, duties, or
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responsibilities do not include direct involvement in fire suppression.]
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[(b) "Presumptive cancer" means one or more of the following cancers:]
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[(i) pharynx;]
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[(ii) esophagus;]
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[(iii) lung; and]
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[(iv) mesothelioma.]
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[(2)] (1) If a firefighter who [contracts a] is diagnosed with a presumptive cancer meets the
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requirements of Subsection (3), there is a rebuttable presumption that[:]
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[(a)] the presumptive cancer was contracted arising out of and in the course of [
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employment; and] being a firefighter.
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[(b) the presumptive cancer was not contracted by a willful act of the firefighter.]
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(2) The following individuals may assert the rebuttable presumption described in
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Subsection (1):
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(a) a firefighter currently in service; and
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(b) a former firefighter after termination of service as a firefighter for a period:
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(i) of three calendar months for each full year of service as a firefighter; and
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(ii) not to exceed 120 months.
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(3)(a) To be entitled to the rebuttable presumption described in Subsection [(2)] (1), the
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firefighter shall submit to the fire and rescue training program a record of:
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[(a)] (i) [during the time of employment as a firefighter, undergo annual physical
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examinations;] service as a firefighter for at least eight years;
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(ii) a physical examination:
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(A) completed before serving as a firefighter that shows no evidence of cancer;
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(B) completed every two years during the time of service as a firefighter; and
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(C) that is reasonably aligned with the National Fire Protection Association
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standards on the comprehensive occupational medical program for fire
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departments;
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(iii) after seven years of service as a firefighter, a cancer screening conducted by the
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Rocky Mountain Center for Occupational and Environmental Health at the
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intervals described in Section 34A-3-114 during the time of service as a firefighter;
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(iv) reporting the presumptive cancer to the fire and rescue training program and, in
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accordance with Section 34A-2-407, to the employer; and
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[(b) have been employed as a firefighter for eight years or more and regularly responded
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to firefighting or emergency calls within the eight-year period; and]
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[(c)] (v) [if the firefighter has used tobacco, provide documentation from a] a physician
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statement stating that[ indicates that] the firefighter has not used [tobacco]
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cigarettes, electronic cigarettes, or tobacco products, or smoked marijuana for [the]
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at least eight years [preceding] immediately before reporting the presumptive
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cancer to the [employer or division] employer and the fire and rescue training
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program.
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(b) A firefighter is entitled to the rebuttable presumption without completing the
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requirements described in Subsections (3)(a)(ii)(B) and (C) or Subsection (3)(a)(iii)
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for service as a firefighter completed before July 1, 2026.
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(4)(a)(i) A presumption established under this section may be rebutted by a
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preponderance of the evidence.
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(ii) The rebuttable presumption does not apply to cancers of the respiratory tract if
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there is evidence that the firefighter's use of tobacco products or the firefighter's
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smoking of cigarettes, electronic cigarettes, or marijuana is a substantial
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contributing cause to the development of the cancer.
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(b) A firefighter may seek compensation in accordance with Chapter 2, Workers'
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Compensation Act, regardless of compliance with Subsection (3).
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[(5) If a firefighter who contracts a presumptive cancer is employed as a firefighter by more
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than one employer and qualifies for the presumption under Subsection (2), and that
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presumption has not been rebutted, the employer and insurer at the time of the last
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substantial exposure to risk of the presumptive cancer are liable under this chapter under
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Section 34A-3-105.]
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(5) The fire department or firefighting organization and insurer at the time of the last
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substantial exposure to risk of a presumptive cancer is liable when:
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(a) a firefighter who contracts a presumptive cancer has served as a firefighter with more
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than one fire department or firefighting organization;
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(b) the firefighter qualifies for the rebuttable presumption; and
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(c) the presumption has not been rebutted.
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(6) A cause of action subject to the rebuttable presumption [under this section ]is
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considered to arise on the date that [the employee] a firefighter:
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(a) suffers disability from the occupational disease;
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(b) knows, or in the exercise of reasonable diligence should have known, that the
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occupational disease is caused by [employment] service as a firefighter; and
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(c) files a claim as provided in Section 34A-3-108.
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(7)(a) The division shall conduct a five-year study to determine whether a cancer that is
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not a presumptive cancer is commonly contracted through service as a firefighter.
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(b) In conducting the study, the division shall:
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(i) consider cancer latency periods; and
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(ii) consult with:
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(A) the fire and rescue training program; and
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(B) the Rocky Mountain Center for Occupational and Environmental Health.
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(c) Before September 30, 2029, the division shall file a report to the Business and Labor
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Interim Committee summarizing the results of the study described in Subsection
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(7)(a) and any recommendations for legislation.
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Section 4. Section 34A-3-114 is enacted to read:
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34A-3-114 . Cancer screening for public firefighters.
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(1)(a) The Rocky Mountain Center for Occupational and Environmental Health shall
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offer a firefighter working for a public fire department, or a public firefighting
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organization, a cancer screening after seven years but before eight years of active
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service as a firefighter, continuous or combined:
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(i) every five years for firefighters 49 years old or younger; and
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(ii) every three years for firefighters 50 years old and older until the firefighter
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reaches the social security retirement qualifying age.
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(b) The screening shall include applicable screening for presumptive cancer.
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(2)(a) Rocky Mountain Center for Occupational and Environmental Health shall begin
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offering cancer screenings through the fire and rescue training program no later than
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January 1, 2026.
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(b) Beginning January 1, 2029, and for each plan year that follows, a public fire
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department or public firefighting organization shall provide health care benefits,
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including cancer screening, consistent with the requirement of this section for the
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public fire department or public firefighting organization's employed or contracted
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firefighters.
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(3)(a) The public fire department or public firefighting organization shall provide
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reimbursement to employed or contracted firefighters for co-payment, deductible,
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coinsurance, or other out-of-pocket expenses employed or contracted firefighters pay
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to the Rocky Mountain Center for Occupational and Environmental Health.
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(b) An employed or contracted firefighter shall submit adequate documentation of the
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copayment, deductible, coinsurance, or other out-of-pocket expense to the public fire
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department or public firefighting organization for which the employed or contracted
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firefighter is associated for reimbursement in accordance with Subsection (3)(a).
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Section 5. Section 53B-29-202 is amended to read:
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53B-29-202 . Fire prevention, education, and training program.
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(1) With technical advice and support from the fire board, Utah Valley University shall
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operate a statewide fire and rescue[ service] training program that:
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(a) provides instruction, training, and testing for:
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(i) Utah Valley University students; and
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(ii) firefighters and emergency rescue personnel throughout the state, whether paid or
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volunteer;
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(b) explores new methods of firefighting, fire training, and fire prevention;
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(c) provides training for fire and arson detection and investigation;
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(d) provides training to students, firefighters, and emergency rescue personnel on how to
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conduct public education programs to promote fire safety;
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(e) provides aircraft rescue firefighting training;
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(f) provides for certification of firefighters, pump operators, instructors, officers, and
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rescue personnel; and
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(g) provides facilities and props for teaching firefighting and emergency rescue skills.
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(2) Utah Valley University shall ensure that the curriculum, training, and facilities offered
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in the fire and rescue training program are sufficient to allow individuals who
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successfully complete the program to receive applicable certification as a firefighter or
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emergency rescue professional.
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(3) Utah Valley University and the fire board shall consult together regarding:
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(a) the development and content of the curriculum and training of the fire and rescue
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training program;
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(b) the identification of individuals who [will be permitted to] may participate in the fire
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and rescue training program without cost; and
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(c) the establishment of certification standards and requirements.
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(4) Utah Valley University shall allow individuals designated by the fire board to
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participate in and complete the fire and rescue training program without cost and to
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receive applicable certification.
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(5) Utah Valley University and the fire board shall by contract establish terms to:
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(a) define the scope and content of the fire and rescue training program;
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(b) identify the fire and rescue personnel throughout the state who will be permitted to
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participate in the fire and rescue training program without cost; and
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(c) define other aspects of the relationship between Utah Valley University and the fire
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board relating to the fire and rescue training program that are mutually beneficial.
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(6) In accordance with Section 34A-3-114, the fire and rescue training program shall:
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(a) facilitate cancer screenings conducted by the Rocky Mountain Center for
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Occupational and Environmental Health; and
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(b) track cancer screenings for a firefighter.
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Section 6. Effective Date.
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This bill takes effect on July 1, 2025.
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