Statements on Introduced Bills and Joint Resolutions

Floor Speech

STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS -- (Senate - March 16, 2009)

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S. 599. 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 certain diseases is the result of the performance of such employee's duty; to the Committee on Homeland Security and Governmental Affairs.

Ms. COLLINS. Mr. President. I am pleased to join Senator Carper in introducing a bill that would provide Federal firefighters with the same disability protections that millions of local firefighters across the Nation currently enjoy. Federal firefighters put their lives on the line each day to protect some of our Nation's most critical assets and infrastructure, and these brave men and women deserve the same occupational safeguards and benefits as their colleagues at the local level.

Our Nation's Federal firefighters have some of the most hazardous jobs in the fire service, but the Federal Government does not presume that certain illnesses associated with firefighting are job-related. As a result, to qualify for disability retirement, a Federal firefighter who suffers from an occupational illness must specify the precise exposure that caused his or her illness--an almost insurmountable burden.

The Federal Firefighters Fairness Act of 2009 would alleviate this burden by creating a rebuttable presumption that cardiovascular disease, certain cancers, and certain infectious diseases contracted by Federal firefighters are job-related for purposes of workers' compensation and disability retirement.

Such a presumption will not guarantee that Federal firefighters will receive any disability benefits. This legislation would simply switch the burden of proof from the sick Federal firefighter and his family to the Federal agency employing him.

Thus, as a practical matter, if the Federal employing agency can demonstrate that a firefighter's illness likely had another cause, then such an illness will not be considered job-related. For example, an agency that employs a firefighter who smokes and has contracted lung cancer would be able to rebut the presumption that the cancer was caused by firefighting. Therefore, I believe this legislation contains appropriate protections against those illnesses that may be caused by activities other than firefighting, providing agencies with a fair opportunity to challenge claims without requiring injured firefighters to meet the unreasonable burden of proof found in current law.

This legislation is important and long overdue. If enacted, it would relieve Federal fire service personnel of an unnecessary obstacle to receiving the badly needed benefits that they deserve when they fall ill as a result of their inherently hazardous work environment. Federal firefighters work at military installations, nuclear facilities, hospitals, and countless other types of Federal facilities. They are routinely exposed to toxic substances, biohazards, temperature extremes, and stress.

As a result, firefighters are far more likely to contract heart disease, lung disease and cancer than other workers. Indeed, a number of scientific studies have found that firefighters have a higher incidence of disease overall than the general population. For example, a 2006 study conducted by the University of Cincinnati found that exposure to soot and toxins creates an increased risk for various cancers among firefighters. Further, a 2007 Harvard study found that firefighters face a risk of death from heart attack up to 100 times higher when involved in fire suppression as compared to non-emergency duties.

It also would not be unprecedented to establish a presumption for Federal firefighters. Congress has already extended presumptive benefits to various groups, including Peace Corps volunteers, military veterans, and public safety officers.

Outside the Federal Government, 41 States have already enacted presumptive disability laws for their municipal firefighters. In Maine, for example, the State presumptive benefits law applies to heart, lung, and infectious diseases.

It is fundamentally unfair that firefighters employed by the Federal Government are not eligible for disability retirement for the same occupational diseases as their municipal counterparts. This disparity is especially glaring in instances where Federal firefighters work alongside municipal firefighters during mutual aid responses and are exposed to the same hazardous conditions, as was the case in the response to Hurricane Katrina.

If the Federal Government wants to be able to recruit and retain qualified firefighters, it must be able to offer a benefits package that is competitive with the municipal sector, including having occupational illness covered by worker's compensation.

This legislation is supported by many of the fire service groups, such as the International Association of Firefighters, the International Association of Fire Chiefs, the National Volunteer Fire Council, the National Fire Protection Association, and the Congressional Fire Services Institute.

The Federal Firefighters Fairness Act is a straightforward matter of equity and sound policy. I believe this bill merits the support of every Senator, and I am proud to be an original cosponsor. It is for these and other reasons that I urge my colleagues to support the Federal Firefighter Fairness Act of 2009.

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