Senate Bill 2835

AN ACT TO CREATE THE "MISSISSIPPI FIRST RESPONDERS HEALTH AND SAFETY ACT"; TO PROVIDE THAT WHEN A FIRST RESPONDER WHO HAS COMPLETED A CERTAIN NUMBER OF YEARS OF SERVICE IS UNABLE TO PERFORM HIS REGULAR DUTIES BY REASON OF AN OCCUPATIONAL CANCER, SUCH CANCER SHALL BE CLASSIFIED AS AN OCCUPATIONAL DISEASE OR INFIRMITY CONNECTED WITH THE DUTIES OF A FIRST RESPONDER; TO PROVIDE THAT THE AFFECTED FIRST RESPONDER OR HIS SURVIVORS SHALL BE ENTITLED TO ALL RIGHTS AND BENEFITS AS GRANTED BY STATE LAW TO WHICH ONE SUFFERING AN OCCUPATIONAL INJURY IS ENTITLED AS SERVICE CONNECTED IN THE LINE OF DUTY; TO PROVIDE THAT THE DEVELOPMENT OF HEART AND LUNG DISEASE, HEARING LOSS, HEPATITIS B OR HEPATITIS C, TUBERCULOSIS OR HIV/AIDS, DURING EMPLOYMENT IN FIRE OR POLICE SERVICE, SHALL BE CLASSIFIED AS AN OCCUPATIONAL DISEASE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known and may be cited as the "Mississippi First Responders Health and Safety Act."

SECTION 2. (1) Because of exposure to heat, smoke and fumes or carcinogenic, poisonous, toxic or chemical substances, radar, stress, when a first responder who has completed ten (10) or more years of service is unable to perform his regular duties in the fire service in this state by reason of cancer, such cancer shall be classified as an occupational disease or infirmity connected with the duties of a first responder. The disease or infirmity shall be presumed to have been caused by or to have resulted from the work performed. This presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three (3) months for each full year of service not to exceed sixty (60) months commencing with the last actual date of service.

(2) (a) The occupational cancer referred to in subsection (1) shall be limited to the types of cancer which may be caused by exposure to heat, smoke, radiation or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The occupational cancer shall also be limited to a cancer originating in the bladder, brain, colon, liver, pancreas, skin, kidney or gastrointestinal or reproductive tract, and leukemia, lymphoma, multiple myeloma, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which firefighters are determined to have a statistically significant increased risk over that of the general population. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the firefighter from benefits.

(b) The cancer referred to in subsection (1) shall be limited to the types of cancer which may be caused by exposure to radiation or a known or suspected carcinogen as defined by the International Agency for Research on Cancer. The cancer shall also be limited to a cancer originating in the bladder, brain, reproductive tract, prostate, and testicular cancer, or any other type of cancer, due to occupational exposure, for which law enforcement are determined to have a statistically significant increased risk over that of the general population. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the law enforcement officer from benefits.

(3) The affected first responder or his survivors shall be entitled to all rights and benefits as granted by state law to which one suffering an occupational injury is entitled as service connected in the line of duty.

(4) For purposes of this act, the term "firefighter" shall mean any firefighter employed by any subdivision of the State of Mississippi on a full-time duty status, and any firefighter registered with the State of Mississippi, or a political subdivision thereof, on a volunteer firefighting status.

(5) For the purposes of this act, the term "police officer" shall mean every officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations in the State of Mississippi.

(6) For the purposes of this act, the term "first responder shall mean every firefighter and police officer as defined in subsections (4) and (5) of this section.

SECTION 3. Any disease or infirmity of the heart or lungs which develops during a period of employment in the classified fire and police service in the State of Mississippi shall be classified as a disease or infirmity connected with employment. The employee affected, or his survivors, shall be entitled to all rights and benefits as granted by the laws of the State of Mississippi to which one suffering an occupational disease is entitled as service connected in the line of duty, regardless of whether the fire fighter is on duty at the time he is stricken with the disease or infirmity. Such disease or infirmity shall be presumed, prima facie, to have developed during employment and shall be presumed, prima facie, to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first ten years of employment. The employer must prove by a preponderance of the evidence that the disease was caused by some means other than the occupation to disqualify the fire fighter or police officer from benefits.

SECTION 4. (1) Any loss of hearing which is ten percent greater than that of the affected employee's comparable age group in the general population and which develops during employment in the classified fire or police service in the state of Mississippi shall, for purposes of this section only, be classified as a disease or infirmity connected with employment. The employee affected shall be entitled to medical benefits including hearing prosthesis as granted by the laws of the State of Mississippi to which one suffering an occupational disease is entitled, regardless of whether the fire fighter or police officer is on duty at the time he is stricken with the loss of hearing. Such loss of hearing shall be presumed to have developed during employment and shall be presumed to have been caused by or to have resulted from the nature of the work performed whenever same is manifested at any time after the first ten (10) years of employment in such classified service. This presumption shall be rebuttable by evidence meeting judicial standards and shall be extended to an employee following termination of service for a period of twenty-four (24) months.

(2) Each person selected for appointment to an entry level position in the classified fire or police service on July 1, 2006, or thereafter shall submit to a baseline audiology examination. The appointing authority shall develop and implement policies and procedures for the administration of the examination. The examination shall take place not later than one (1) year after the selection of the person for the appointment.

SECTION 5. (1) Because of exposure to blood and saliva of accident and crime victims, when a fire fighter or police officer in the classified service, who has completed two (2) or more years of service, has contracted Hepatitis B or Hepatitis C, such disease shall be deemed an occupational disease or infirmity connected with the duties of a fire fighter or police officer. The disease or infirmity shall be presumed to have been caused or to have resulted from such work performed. The presumption shall be rebuttable by evidence meeting judicial standards, and shall be extended to a member following termination of service for a period of three (3) months for each full year of service not to exceed sixty (60) months commencing with the last actual date of service. The presumption shall also be rebuttable by evidence that the otherwise eligible affected member was at the time of diagnosis of Hepatitis B or C, or within one (1) year of such diagnosis, unlawfully using controlled substances by means of intravenous injection, or lived in an intimate relationship with any person who has been diagnosed with Hepatitis B or C.

(2) The affected member or his survivors shall be entitled to all rights and benefits as granted by state or federal law to which one suffering from an occupational disease is entitled as service connected in the line of duty.

SECTION 6. This act may also be referred to the "Arson Investigator Danny Benton and Police Chief Henry Manuel, Sr., Act."

SECTION 7. This act shall take effect and be in force from and after July 1, 2019.