Backgrounder
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FIREFIGHTER OCCUPATIONAL DISEASES
Contact Info
Firefighters deserve compensation for fire-related illnesses and the
Ontario government is working to ensure they get the help they need.
An amendment to the Workplace Safety and Insurance Act (WSIA) received
Royal Assent on May 4, 2007 allowing the government to make regulations
affecting Ontario's full-time, part-time and volunteer firefighters, fire
investigators and forest firefighters.
Previously, the Workplace Safety and Insurance Board (WSIB) had internal
policies for dealing with some types of occupational diseases for
firefighters, but generally assessed each firefighter claim on a case-by-case
basis to determine if the disease was work-related or possibly caused by other
factors not related to a worker's job.
Some Canadian jurisdictions have presumptive legislation to address
specific health concerns of firefighters. This legislation now allows Ontario
to do the same through regulations under the WSIA.
What is presumptive legislation?
Presumptive legislation allows the government to identify, through
regulations, specific diseases or heart injuries of firefighters that would be
presumed to be work-related for the purpose of workers' compensation, unless
the contrary is shown. The WSIB would presume the disease or heart injury to
be work-related unless it could be demonstrated that it was caused by other
factors, such as non-work-related exposure or hereditary factors.
Presumptive legislation has been enacted in other Canadian jurisdictions,
including Alberta, British Columbia, Manitoba, Nova Scotia and Saskatchewan.
Many American states also have some kind of presumptive legislation for
firefighters. More information is available in a report prepared by
Parliamentary Assistant Mario Racco on the Ministry of Labour website at
http://www.labour.gov.on.ca/english/hs/reports/firefighters/review.html.
What is Ontario's approach?
Ontario has taken a unique approach through legislation that allows
specific diseases or heart injuries to be identified in regulations under the
WSIA, as opposed to being encoded in the legislation.
This will allow the list of diseases presumed to be work-related to be
reviewed and updated, based on emerging medical information and input from
fire sector stakeholders.
In establishing this legislative framework, the government took into
consideration a combination of scientific and consultative information,
including:
— Parliamentary Assistant Mario Racco's report on the Treatment of
Firefighter Cancer Claims by the Workplace Safety and Insurance
Board, which included information provided by fire sector
stakeholders
— Several studies and medical journals that support a link between
firefighters and various cancers
— The rate of acceptance by the WSIB of firefighter cancer claims
— A review of how other jurisdictions have dealt with presumtive
legislation.
What is unique about this legislation?
This legislation is one of the most comprehensive of its kind in Canada.
— More firefighters will be able to be covered by regulations. Unlike
other jurisdictions that cover primarily full-time firefighters, this
legislation allows for the inclusion of part-time and volunteer
firefighters, fire investigators and forest firefighters. The
government will quickly commence consultation to determine their
scope of coverage
— Through regulation, eight types of cancer will be identified as
presumed to be work-related, provided the firefighter has a minimum
number of years service. This, unlike some other jurisdictions, could
be relatively easily expanded through a regulation if medical
information emerges to support it
— Through a regulation, heart injuries would be presumed to be work-
related if they occur within 24 hours of a firefighter attending a
fire
— These changes apply to heart injuries sustained or diseases diagnosed
on or after January 1, 1960. Claims already decided on by the WSIB or
the Workplace Safety and Insurance Appeals Tribunal can be re-opened
at the request of the claimant.
What diseases does the government intend to regulate?
It is the government's intent to include the following Illnesses by
regulation that will apply to full-time, part time and volunteer firefighters
and fire investigators:
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Cancer/Illness
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Brain cancer
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Bladder cancer
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Kidney cancer
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Colorectal cancer
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Non-Hodgkin's lymphoma
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Leukemia
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Ureter cancer
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Esophageal cancer
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Heart injury
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The government intends to regulate these illnesses for full-time
firefighters with the following conditions:
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Cancer/Illness Criteria - Years of Service
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Brain cancer 10 years
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Bladder cancer 15 years
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Kidney cancer 20 years
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Colorectal cancer 10 years (diagnosed prior to 61st birthday)
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Non-Hodgkin's lymphoma 20 years
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Leukemia 15 years
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Ureter cancer 15 years
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Esophageal cancer 25 years
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Heart injury Within 24 hours of fighting a fire
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Due to their unique nature, it is the government's intent to initiate a
consultation to determine the criteria that would apply to part-time and
volunteer firefighters and fire investigators.
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www.labour.gov.on.ca
