Occupational disease/heart

AN ACT Relating to removing qualifiers related to the presumption 1
of occupational disease for heart problems; amending RCW 51.32.185; 2
and creating a new section. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 51.32.185 and 2019 c 133 s 1 are each amended to 5
read as follows: 6
(1)(a) In the case of firefighters as defined in RCW 7
41.26.030(17) (a), (b), (c), and (h) who are covered under this title 8
and firefighters, including supervisors, employed on a full-time, 9
fully compensated basis as a firefighter of a private sector 10
employer's fire department that includes over ((fifty)) 50 such 11
firefighters, and public employee fire investigators, there shall 12
exist a prima facie presumption that: (i) Respiratory disease; (ii) 13
any heart problems ((, experienced within seventy-two hours of 14
exposure to smoke, fumes, or toxic substances, or experienced within 15
twenty-four hours of strenuous physical exertion due to firefighting 16
activities)); (iii) cancer; and (iv) infectious diseases are 17
occupational diseases under RCW 51.08.140. 18
(b) In the case of firefighters as defined in RCW 41.26.030(17) 19
(a), (b), (c), and (h) and firefighters, including supervisors, 20
employed on a full-time, fully compensated basis as a firefighter of 21
S-3896.1
SENATE BILL 6180
State of Washington 69th Legislature 2026 Regular Session
By Senators Lovick and Saldaña
Read first time 01/15/26. Referred to Committee on Labor & Commerce.
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a private sector employer's fire department that includes over 1
((fifty)) 50 such firefighters, and law enforcement officers as 2
defined in RCW 41.26.030(19) (b), (c), and (e), who are covered under 3
this title, there shall exist a prima facie presumption that 4
posttraumatic stress disorder is an occupational disease under RCW 5
51.08.140. 6
(c) In the case of law enforcement officers as defined in RCW 7
41.26.030(19) (b), (c), and (e) who are covered under Title 51 RCW, 8
there shall exist a prima facie presumption that: (i) Any heart 9
problems((, experienced within seventy-two hours of exposure to 10
smoke, fumes, or toxic substances, or experienced within twenty-four 11
hours of strenuous physical exertion in the line of duty )); and (ii) 12
infectious diseases are occupational diseases under RCW 51.08.140.13
(d) This presumption of occupational disease established in (a), 14
(b), and (c) of this subsection may be rebutted by a preponderance of 15
the evidence. Such evidence may include, but is not limited to, use 16
of tobacco products, physical fitness and weight, lifestyle, 17
hereditary factors, and exposure from other employment or 18
nonemployment activities. 19
(2) The presumptions established in subsection (1) of this 20
section shall be extended to an applicable member following 21
termination of service for a period of three calendar months for each 22
year of requisite service, but may not extend more than ((sixty)) 60 23
months following the last date of employment. 24
(3)(a) The presumption established in subsection (1)(a)(iii) of 25
this section shall only apply to any active or former firefighter or 26
fire investigator who: 27
(i) Has cancer that develops or manifests itself after the 28
firefighter or fire investigator has served at least ((ten)) 10 29
years; and 30
(ii)(A) Was given a qualifying medical examination upon becoming 31
a firefighter or fire investigator that showed no evidence of cancer; 32
or 33
(B)(I) For a firefighter or fire investigator who became a 34
firefighter or fire investigator on or after July 28, 2019, the 35
employer did not provide a qualifying medical examination upon 36
becoming a firefighter or fire investigator; or 37
(II) For a firefighter or fire investigator who became a 38
firefighter or fire investigator before July 28, 2019, the employer 39
did not provide a qualifying medical examination upon becoming a 40
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firefighter or fire investigator and the employer provides a 1
qualifying medical examination on or before July 1, 2020. If a 2
firefighter or fire investigator described in this subsection 3
(3)(a)(ii)(B)(II) did not receive a qualifying medical examination 4
before July 1, 2020, or is diagnosed with a cancer listed in (b) of 5
this subsection at the time of the qualifying medical examination 6
under this subsection (3)(a)(ii)(B)(II) and otherwise meets the 7
requirements of this section, the presumption established in 8
subsection (1)(a)(iii) of this section applies. 9
(b) The presumption established in subsection (1)(a)(iii) of this 10
section shall only apply to the following cancers: Prostate cancer 11
diagnosed prior to the age of ((fifty)) 50, primary brain cancer, 12
malignant melanoma, leukemia, non-Hodgkin's lymphoma, bladder cancer, 13
ureter cancer, colorectal cancer, multiple myeloma, testicular 14
cancer, kidney cancer, mesothelioma, stomach cancer, nonmelanoma skin 15
cancer, breast cancer in women, and cervical cancer.16
(4) The presumption established in subsection (1)(a)(iv) and 17
(c)(ii) of this section shall be extended to any firefighter, fire 18
investigator, or law enforcement officer who has contracted any of 19
the following infectious diseases: Human immunodeficiency virus/20
acquired immunodeficiency syndrome, all strains of hepatitis, 21
meningococcal meningitis, or mycobacterium tuberculosis.22
(5) The presumption established in subsection (1)(b) of this 23
section only applies to active or former firefighters as defined in 24
RCW 41.26.030(17) (a), (b), (c), and (h) and firefighters, including 25
supervisors, employed on a full-time, fully compensated basis as a 26
firefighter of a private sector employer's fire department that 27
includes over ((fifty)) 50 such firefighters, and law enforcement 28
officers as defined in RCW 41.26.030(19) (b), (c), and (e) who have 29
posttraumatic stress disorder that develops or manifests itself after 30
the individual has served at least ((ten)) 10 years.31
(6) If the employer does not provide the psychological exam as 32
specified in RCW 51.08.142 and the employee otherwise meets the 33
requirements for the presumption established in subsection (1)(b) of 34
this section, the presumption applies. 35
(7) Beginning July 1, 2003, this section does not apply to a 36
firefighter, fire investigator, or law enforcement officer who 37
develops a heart or lung condition and who is a regular user of 38
tobacco products or who has a history of tobacco use. The department, 39
using existing medical research, shall define in rule the extent of 40
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tobacco use that shall exclude a firefighter, fire investigator, or 1
law enforcement officer from the provisions of this section.2
(8) ((For purposes of this section, "firefighting activities" 3
means fire suppression, fire prevention, fire investigation, 4
emergency medical services, rescue operations, hazardous materials 5
response, aircraft rescue, and training and other assigned duties 6
related to emergency response.7
(9)))(a) When a determination involving the presumption 8
established in this section is appealed to the board of industrial 9
insurance appeals and the final decision allows the claim for 10
benefits, the board of industrial insurance appeals shall order that 11
all reasonable costs of the appeal, including attorney fees and 12
witness fees, be paid to the firefighter, fire investigator, or law 13
enforcement officer, or his or her beneficiary by the opposing party.14
(b) When a determination involving the presumption established in 15
this section is appealed to any court and the final decision allows 16
the claim for benefits, the court shall order that all reasonable 17
costs of the appeal, including attorney fees and witness fees, be 18
paid to the firefighter, fire investigator, or law enforcement 19
officer, or his or her beneficiary by the opposing party.20
(c) When reasonable costs of the appeal must be paid by the 21
department under this section in a state fund case, the costs shall 22
be paid from the accident fund and charged to the costs of the claim.23
(((10))) (9)(a) The director must create an advisory committee on 24
occupational disease presumptions. The purposes of the advisory 25
committee are to review scientific evidence and to make 26
recommendations to the legislature on additional diseases or 27
disorders for inclusion under this section. 28
(b)(i) The advisory committee shall be composed of five voting 29
members, appointed by the director as follows: 30
(A) Two epidemiologists; 31
(B) Two preventive medicine physicians; and 32
(C) One industrial hygienist. 33
(ii) The research director of the department's safety and health 34
assessment and research for prevention program shall serve as the 35
advisory committee nonvoting chair. 36
(iii) Members serve for a term of four years and may be 37
reappointed. Members shall not be compensated for their work on the 38
advisory committee. As a condition of appointment, voting members and 39
the chair must have no past or current financial or personal 40
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conflicts of interest related to the advisory committee activities. 1
Voting members of the advisory committee may not be current employees 2
of the department. 3
(c) The chair or ranking member of the appropriate committee or 4
committees of the legislature may initiate a request for the advisory 5
committee to review scientific evidence and to make recommendations 6
to the legislature on specific disorders or diseases, or specific 7
occupations, for inclusion under this section by notifying the 8
director. 9
(d) The process of developing an advisory committee 10
recommendation must include a thorough review of the scientific 11
literature on the disease or disorder, relevant exposures, and 12
strength of the association between the specific occupations and the 13
disease or disorder proposed for inclusion in this section. The 14
advisory committee must give consideration to the relevance, quality, 15
and quantity of the literature and data. The advisory committee may 16
consult nationally recognized experts or subject matter experts in 17
developing its recommendations. The advisory committee must provide a 18
recommendation to the legislature within the earlier of ((one hundred 19
eighty)) 180 days of the request or when the advisory committee 20
reaches a consensus recommendation. 21
(e) Each recommendation must include a written description of the 22
scientific evidence and supporting information relied upon to assess 23
the causal relationship between the occupation and health condition 24
proposed for inclusion under this section. Estimates of the number of 25
Washington workers at risk, the prevalence of the disease or 26
disorder, and the medical treatment and disability costs should, if 27
available, be included with the recommendation. 28
(f) The recommendation must be made by a majority of advisory 29
committee's voting members. Any member of the advisory committee may 30
provide a written dissent as an appendix to the committee's 31
recommendation. 32
(g) The department's safety and health assessment and research 33
for prevention program shall provide organizational and scientific 34
support to the advisory committee. Scientific support must include 35
for consideration of the advisory committee preliminary written 36
reviews of the scientific literature on the disease and disorder, 37
relevant exposures, and strength of the association between the 38
specific occupations and the health condition or disorders proposed 39
for inclusion in this section. 40
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NEW SECTION. Sec. 2. This act may be known and cited as the 1
Erik Shouse memorial act.2
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