5 USC 8143b - Employees in fire protection activities

U.S Code last checked for updates: Nov 22, 2024

§ 8143b.

Employees in fire protection activities

(a)

Definitions.—

In this section:

(1)

Employee in fire protection activities.—

The term “employee in fire protection activities” means an employee employed as a firefighter (including a wildland firefighter), paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker who—

(A)

is trained in fire suppression;

(B)

has the legal authority and responsibility to engage in fire suppression;

(C)

is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and

(D)

performs the activities described in subparagraph (C) as a primary responsibility of the job of the employee.

(2)

Rule.—

The term “rule” has the meaning given the term in section 804.

(3)

Secretary.—

The term “Secretary” means the Secretary of Labor.

(b)

Certain Illnesses and Diseased 1

 So in original. Probably should be “Diseases”.

Deemed to Be Proximately Caused by Employment in Fire Protection Activities.—

(1)

In general.—

For a claim under this subchapter of disability or death of an employee who has been employed for not less than 5 years in aggregate as an employee in fire protection activities, an illness or disease specified on the list established under paragraph (2) shall be deemed to be proximately caused by the employment of that employee, if the employee is diagnosed with that illness or disease not later than 10 years after the last activedate 2

 So in original.

of employment as an employee in fire protection activities.

(2)

Establishment of initial list.—

There is established under this section the following list of illnesses and diseases:

(A)

Bladder cancer.

(B)

Brain cancer.

(C)

Chronic obstructive pulmonary disease.

(D)

Colorectal cancer.

(E)

Esophageal cancer.

(F)

Kidney cancer.

(G)

Leukemias.

(H)

Lung cancer.

(I)

Mesothelioma.

(J)

Multiple myeloma.

(K)

Non-Hodgkin lymphoma.

(L)

Prostate cancer.

(M)

Skin cancer (melanoma).

(N)

A sudden cardiac event or stroke suffered while, or not later than 24 hours after, engaging in the activities described in subsection (a)(1)(C).

(O)

Testicular cancer.

(P)

Thyroid cancer.

(3)

Additions to the list.—

(A)

In general.—

(i)

Periodic review.—

The Secretary shall—

(I)

in consultation with the Director of the National Institute for Occupational Safety and Health and any advisory committee determined appropriate by the Secretary, periodically review the list established under paragraph (2); and

(II)

if the Secretary determines that the weight of the best available scientific evidence warrants adding an illness or disease to the list established under paragraph (2), as described in subparagraph (B) of this paragraph, make such an addition through a rule that clearly identifies that scientific evidence.

(ii)

Classification.—

A rule issued by the Secretary under clause (i) shall be considered to be a major rule for the purposes of chapter 8.

(B)

Basis for determination.—

The Secretary shall add an illness or disease to the list established under paragraph (2) based on the weight of the best available scientific evidence that there is a significant risk to employees in fire protection activities of developing that illness or disease.

(C)

Available expertise.—

In determining significant risk for purposes of subparagraph (B), the Secretary may accept as authoritative, and may rely upon, recommendations, risk assessments, and scientific studies (including analyses of National Firefighter Registry data pertaining to Federal firefighters) by the National Institute for Occupational Safety and Health, the National Toxicology Program, the National Academies of Sciences, Engineering, and Medicine, and the International Agency for Research on Cancer.

(Added Pub. L. 117–263, div. E, title LIII, § 5305(a)(1)(A), Dec. 23, 2022, 136 Stat. 3251.)

cite as: 5 USC 8143b