Ministry of Labour
McGuinty Government Improves Support For Firefighters With Work-Related Illnesses
Labour Minister Honours Kitchener Firefighters
KITCHENER, ON, Aug. 16 — The McGuinty government is expanding
access to workplace safety and insurance benefits to make sure full-time
firefighters and their families get the support they need, Minister of Labour
Steve Peters said today at a ceremony honouring 10 fallen Kitchener
firefighters.
"Our government recognizes the hazardous, life-threatening work that
firefighters perform," said Peters. "We have taken steps to ensure that
firefighters and their families are treated with dignity and compassion."
Recent legislative amendments to the Workplace Safety and Insurance Act,
1997, allow the government to identify specific diseases, through regulation,
that are presumed to be work-related for the purpose of workplace safety and
insurance benefits. The conditions and qualifications for compensation for
eight types of cancer, as well as heart injuries suffered within 24 hours of
fighting a fire or participating in a fire training exercise, have now been
set.
"In this community we understand the struggles our members used to face
when dealing with cancer that was the result of a work related incident," said
Steve Jones, President of the Kitchener Professional Fire Fighters
Association. "We worked hard for these legislative changes and applaud the
McGuinty government for understanding and taking action on such an important
issue."
"Firefighters make sacrifices for all of us on a daily basis," said
Kitchener Centre MPP John Milloy. "And that is why we have lifted the burden
of proof from the backs of our hardworking firefighters and their families."
The government is now consulting with volunteer and part-time fire
fighters and with fire investigators to determine the criteria that could
apply to them in further regulations.
"Our government takes fire fighters' concerns very seriously," said
Peters. "We must protect the protectors."
Disponible en français
www.labour.gov.on.ca
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, 1997 (WSIA),
received Royal Assent on May 4, 2007 allowing the government to make
regulations affecting Ontario's full-time, part-time and volunteer
firefighters and fire investigators.
The government has now introduced a regulation for full-time firefighters
that identifies and sets out the conditions and restrictions in order for each
of eight types of cancer, as well as heart injuries suffered within 24 hours
of fighting a fire or participating in a training exercise involving a
simulated fire emergency, to be presumed to be work-related, unless shown
otherwise.
Previously, the Workplace Safety and Insurance Board (WSIB) had internal
operational 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 firefighter'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 identifies or alternatively allows the government
to identify, through regulations, specific diseases or injuries that would be
presumed to be work-related for the purpose of workers' compensation, unless
the contrary is shown. In the case of heart injuries and the eight types of
cancer specified, the WSIB will now presume, subject to the conditions and
restrictions set out in the regulation, the disease or heart injury,
prescribed in the regulation, 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 prescribed 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, through regulation, 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:
— Ministry of Labour Parliamentary Assistant Mario Racco's report on
the Treatment of Firefighter Cancer Claims by the WSIB, 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 presumptive
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. A regulation for full-time firefighters is now in
place
— Through regulation, eight types of cancer have been 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 regulation, heart injuries have been presumed to be work-
related if they occur within 24 hours of a firefighter attending a
fire or participating in a training exercise involving a simulated
fire emergency
— 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 Is The Government Regulating?
The government has included the following illnesses and conditions in the
regulation that applies to full-time firefighters:
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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 (certain types) 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 or
participating in a training exercise
involving a simulated fire emergency
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Due to their unique nature, the government has initiated a consultation to
determine the criteria that would apply to part-time and volunteer
firefighters and fire investigators in further regulations.
For further information:
Public enquiries:
416-326-9299
Media enquiries:
Belinda Sutton
Ministry of Labour
416-326-7405
Disponible en français
www.labour.gov.on.ca
For further information: Media enquiries: Susan McConnell, Minister's
Office, (416) 606-8303; Belinda Sutton, Ministry of Labour, (416) 326-7405
