Firefighter health has become an increasing concern in the United States as recent research reveals the effects of turnout gear, firefighting foam, and carcinogenic environments on firefighters and other emergency responders. Although the Commonwealth has employed strategies to mitigate these effects, there have been concerns about extraordinary emergency incidents where emergency responders are exposed to toxic chemicals. This concern was highlighted in 2012 when a military aircraft crashed in Virginia Beach. First responders in the area were exposed to numerous hazardous chemicals and toxic materials from the plane that may have seriously harmed them.

The Heart and Lung Act, Virginia Code § 65.2-402 establishes a legal presumption that local governments are responsible for firefighter workers’ compensation claims for certain cancers and other diseases due to the nature of their work. The statute also places the burden of proof on the employer to determine if the health condition was caused by work-related exposure and to pay out workers’ compensation. However, Virginia lacks a standard process for tracking exposure incidents and therefor the burden of proof is difficult to determine. This discrepancy often results in firefighters and other emergency responders receiving partial assistance for their health costs, and in some cases, no assistance at all. Without a dedicated process to fund or track exposure to both regular everyday events and extraordinary events such as the 2012 crash in Virginia Beach, Virginia’s emergency responders are vulnerable to long-term medical expenses without the benefits owed. The language in HB 133 tasked the work group with creating recommendations on how the Commonwealth can bridge the gap in order to fully assist emergency responders who have suffered as a result of the nature of their work. It also asked the work group to recommend a strategy for cancer screening in order to improve the chances of catching health issues before it is too late.

The work group recommends that a grant program administered by the Virginia Department of Fire Programs be established and supported by the General Fund through a special fund, the Emergency Responder Toxic Exposure Fund, to support localities when eligible employees faced an extraordinary level of toxic exposure. Funding would originate either from annual accrued interest on investments set aside by the General Assembly or through annual appropriations. This fund would help localities in supporting their emergency responders by right sizing benefits to fill the gap between insurance, workers’ compensation, and the numerous expenses for cancer and other treatments. Local governments and certain state agencies would be eligible, with a limited number of truly extraordinary emergencies qualify. The grant program also estimates a strategy to cover out-of-pocket costs for eligible first responders.

The work group also recommends strategies for a potentially statewide cancer screening program. It recommends a program be developed based off the current initiative in Northern Virginia or provide a minimum matching grant to localities who could negotiate with providers themselves.

Lastly, the work group considered several state grant programs and laws, as well as federal programs associated with the September 11th terrorist attacks. This gave some perspective on certain issues to address and ways to structure the program.