Pp186 REPORT REPORT INTO THE REFERRAL OF THE WORKERS REHABILITATION AND COMPENSATION (SACFS FIREFIGHTERS) AMENDMENT BILL 19TH REPORT OF THE PARLIAMENTARY COMMITTEE ON OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION 53rd Parliament Page i CONTENTS EXECUTIVE SUMMARY 1 1. OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE 3 1.1 Preamble 3 2. COMMITTEE MEMBERSHIP AND FUNCTIONS 3 2.1 Members of the Committee 3 2.2 Committee Staffing 3 2.3 Functions of the Committee 4 2.4 References 4 2.5 Ministerial Responses 4 3. MOTION 5 4. HISTORY OF THE BILL & RELATED DEBATES 5 4.1 SAMFS Bill 5 4.2 Taylor Fry Report 5 4.3 SACFS Bill 6 4.4 Firefighters Bill 6 4.5 Referral by House of Assembly 6 4.6 Announcement by Deputy Premier 6 4.7 Legislative Amendments 7 5. DISCUSSION 7 5.1 Australian Firefighters' Health Study 9 6. CONCLUSION 10 7. BIBLIOGRAPHY 11 APPENDIX 1 — Workers Rehabilitation and Compensation (SACFS) Amendment Bill 2014 13 APPENDIX 2 — Workers Rehabilitation and Compensation Act 1986 (S31) 17 APPENDIX 3 — Return to Work Act 2014 (Schedule 1) 19 Page i EXECUTIVE SUM MARY This report is in response to the referral from the House of Assembly on 16 October 2014, in which the Hon Tom Kenyon moved: "That all words after 'be' be left out and the words 'withdrawn and referred to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation for its report and recommendation' be inserted in lieu thereof". The Workers Rehabilitation and Compensation (SACFS) Amendment Bill was introduced by the Hon Tammy Franks on 7 May 2014 to provide volunteer firefighters with the same presumptive protection for 12 specified cancers as is already available to career firefighters, without the need for them to prove which carcinogen, toxin or hazard of a fire scene they had been exposed to during their volunteer firefighting career. The Bill provides that a CFS volunteer firefighter's cancer is taken to have been work related unless there is evidence to the contrary. Firefighters are usually the first responders in the event of fire or other emergency situations and while many of us run away from danger, these brave, highly respected men and women run toward it. It is a sad reality that while protecting the community from fire, chemical spills and other emergencies, firefighters put their own safety at risk. We hear news reports about injuries and fatalities arising from the work performed by firefighters but we don't hear a lot about longer term risks such as cancer. Firefighters can be exposed to contaminants from fires that are known or suspected to cause cancer. These contaminants include combustion by-products such as benzene and formaldehyde, and materials in debris such as asbestos from older structures. Research findings in the United States recently revealed that firefighters had mesothelioma at twice the rate of the American population as whole. The cause is likely to be related to exposure to asbestos. In 2011 the Commonwealth Government introduced legislation to provide presumptive protection for career firefighters who contracted any one of 12 specified cancers. A Senate inquiry found that while there was sufficient evidence to provide presumptive protection for career firefighters there was insufficient evidence to provide the same protection for volunteer firefighters. But internationally many countries including Canada provide the same presumptive protection for volunteer firefighters as for career firefighters. In Australia, while the debate continues in some States, Tasmania and Western Australia have legislated to provide volunteer firefighters with presumptive protection in the event that they contract one of the 12 specified cancers. International research has demonstrated very clear links between the work that firefighters perform and cancer. They are at greater risk than the rest of the community in contracting 12 specific cancers including brain cancer, bladder cancer, kidney cancer and leukemia to name a few. In October 2014, the Deputy Premier together with the Minister for Emergency Services announced that volunteer firefighters would immediately be provided with the same presumptive protection as their career counterparts. The Workers Rehabilitation and Compensation (SACFS) Amendment Bill has now been superseded by the changes made as a result of this announcement. Section 31 of the Workers Rehabilitation and Compensation Act 1986 and Schedule 3 of the Return to Work Act 2014 (which has not yet commenced) have been amended to provide presumptive protection for volunteer firefighters who contract one of the 12 prescribed cancers. But their entitlements are time limited. Career firefighter may make a workers Page i compensation claim for cancer at any time after ceasing operational activities, while volunteer firefighters who ceased operational activities 10 years earlier no longer retain this entitlement. This restriction is likely to make it more difficult for volunteer firefighters to prove the connection between their cancer and their previous work as a volunteer firefighter in the event that they contract a cancer of exceptionally long latency. Monash University recently released a report on a retrospective study of the mortality and cancer incidence in Australian firefighters. The report, which was funded by the Australian Fire and Emergency Service Authorities Council (AFAC) was prompted by overseas research which identified excesses in several types of cancer in firefighters. The Australian study examined the work, incident and medical information relating to male and female career, part-time and volunteer firefighters. In relation to male volunteer firefighters, the researchers found that they had a significantly increased risk of dying in a fire and had a significantly elevated risk of contracting some cancers compared to the Australian population. The health data on female volunteer firefighters was statistically more difficult to analyse because of the low number of deaths or cancer cases. But it was noted that there was an increased risk of accidental death compared to the Australian population as well as an increased risk of melanomas and colorectal cancer. While the report found the firefighters are a healthier cohort than the general population, length of service as firefighters can increase the risk of contracting cancer. However, Monash University reported that risk estimates were uncertain and should be interpreted cautiously. They recommended a follow up in five years. Of concern to the research study findings was the lack of available data on occupationally related mesothelioma, which has an extremely long latency period. Mesothelioma has been found to be twice as common in US firefighters compared to the US population and is likely to be due to exposure to asbestos. Monash University researchers consider this area to be worthy of further investigation and research. Hon Steph Key MP Presiding Member Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation Date. / /2015 Page i 1. OCCUPATIONAL SAFETY, REHABILITATION AND COMPENSATION COMMITTEE 1.1 Preamble This is the 19th report of the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation (the Committee) and is in response to a referral from the House of Assembly in relation to the Workers Rehabilitation and Compensation (SACFS)) Amendment Bill 2014 (SACFS Bill). The SACFS Bill, which was introduced into the Legislative Council by the Hon Tammy Franks on 7 May 2014 adds a presumption into the Workers Rehabilitation and Compensation Act 1986 that: 'if a volunteer fire fighter suffers from one of the 12 prescribed primary site cancers and they have been exposed to carcinogens, toxins, or hazards of a fire scene for a significant part of their volunteer service, then their cancer is presumed to be caused because of their duty as a firefighter.' (Franks T. , 2014) 2. COMMITTEE MEMBERSHIP AND FUNCTIONS 2.1 Members of the Committee The Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation is established pursuant to sections 15D of the Parliamentary Committees Act 1991. Following the March 2014 State election, the Sixth Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation was constituted with the following Membership: Hon Steph Key, MP (Presiding Member) Ms Nat Cook MP (Feb 2015 -) Mr Stephan Knoll, MP Hon Gerry Kandelaars, MLC Hon John Dawkins, MLC Hon John Darley, MLC Ms Katrine Hildyard, MP (May 2014-Feb 2015) 2.2 Committee Staffing The Committee is supported by Ms Susan Sedivy, Executive Officer who was appointed on 5 November 2012. Page 1 2.3 Functions of the Committee Section 15F of the Parliamentary Committees Act 1991 defines the functions of the Occupational Safety, Rehabilitation and Compensation Committee as: (a) to keep the administration and operation of the Occupational Health, Safety and Welfare Act 1986, the Workers Rehabilitation and Compensation Act 1986, and other legislation affecting occupational health, safety or welfare, or occupational rehabilitation or compensation under continuous review; and (b) to examine and make recommendations to the Executive and Parliament about proposed regulations under any of the legislation mentioned in paragraph (a), and in particular regulations that may allow for the performance of statutory functions by private bodies or persons; and (c) to perform other functions assigned to the Committee by this or any other Act or by resolution of either House of Parliament. 2.4 References