Landmark new laws address post-traumatic stress among firefighters
Four decades ago, the risk firefighters faced from job-related cancer was only beginning to be understood. Recognizing the health and safety crisis, California stepped up and, with CPF leading the charge, approved the nation’s first cancer-presumption law.
This fall, California again stepped up for firefighters by acting to address the health and safety crisis of the 21st Century: post-traumatic stress injury (PTSI).
Acting on legislation sponsored by CPF, Gov. Gavin Newsom signed a package of bills that will give California firefighters the strongest PTSI protections in the nation. Senate Bill 542, by state Sen. Henry Stern, creates a workers’ compensation presumption for firefighters who suffer post-traumatic stress injury. The PTSI presumption – one of only a handful in the nation – means that when a firefighter is diagnosed with PTSI, it is presumed to be job-related, unless the employer can prove otherwise.
Perhaps even more historic was Assembly Bill 1116, CPF’s legislation protecting the confidentiality of behavioral health peer counseling services. Authored in the Legislature by Assemblymember Tim Grayson, the bill establishes guidelines for training and implementation of peer counseling for fire departments. Where those programs exist, conversations between peer counselors and their fellow firefighters are considered confidential, a safeguard against their use in disciplinary proceedings.
“Taken together, we believe these two measures give California firefighters the strongest workplace protections in the nation for behavioral health,” said CPF President Brian Rice.
Why It’s a Big Deal
As first responders and emergency medical providers, firefighters are exposed to horrors that few others can imagine. Major fires and calamities, horrific accidents, the quiet torture of working to save a dying child.
These and countless other tragedies accumulate over the career of a firefighter, and they can take their toll. More firefighters die by their own hand than are killed in on-duty incidents. National surveys have suggested that as many as one in three firefighters has contemplated suicide. As many as one in five has diagnosable PTSI. Then there are the less quantifiable effects: substance abuse, family issues, sleep deprivation, depression.
If you are a firefighter, you are, by definition, at risk of suffering some or all of these issues simply because of the job you took.
Over the last three years, CPF has worked to bring the issue of firefighter behavioral health out of the shadows and raise awareness about the issue, both inside and outside of the profession. For front line firefighters, the biggest concern is that, by opening up about the effect of the job, they risk being seen as weak or unfit for the job they love. Even more pressing is the concern that any diagnosis of PTSI could force them off the job without any protection.
CPF’s Behavioral Health Legislative Package addressed both of these concerns. AB 1116 encourages the creation of peer-support teams – firefighters helping firefighters – within departments. “Firefighters are more likely to open up about bad calls when talking with fellow firefighters,” said Rice. “We’ve all been there and we know better than anybody the toll it can take.” But AB 1116 goes further and creates strong confidentiality protection, both for individual firefighters and the peer counselors in whom they confide.
“It’s pretty simple: If you think what you say to a peer counselor is going to get back to the department, you’re probably not going to open up,” said Rice. “This legislation helps ensure that firefighters who do open up won’t have those conversations used against them in disciplinary actions.”
Meanwhile, SB 542 recognizes the critical health and safety risk firefighters face from the mental and emotional toll of the job. “Post-traumatic stress is an injury, the same as a broken arm or a torn ACL,” said Rice. “It’s also the kind of injury that is manifestly a part of the job.” SB 542 recognizes this link by establishing a workers’ compensation presumption for PTSI, putting the burden of proof in a workers’ comp claim on management, rather than the employee.
How it happened
The landmark legislation was the culmination of a long effort and reflects the benefit of firefighter-friendly elected officials in the Legislature and the administration. The PTSI presumption was unanimously approved at the 2018 CPF Convention. That November, a slew of firefighter-friendly lawmakers from both political parties was elected, as was CPF-endorsed gubernatorial candidate Gavin Newsom. Newsom had already made clear he would support the PTSI presumption.
When introduced in the Legislature, both the presumption and confidentiality measures had strong support from both labor and management. The support of CalChiefs was especially important on the confidentiality issue, helping to maintain a level of confidentiality stronger than that for law enforcement. CPF President Brian Rice personally testified in support, and held countless meetings at the Capitol, including with Gov. Newsom and his administration.
Ultimately, Republicans and Democrats lined up in support, and the measures won overwhelming support. Gov. Newsom’s signature sealed the deal.
“We’re grateful for the support of our legislative sponsors, lawmakers of both parties and Gov. Newsom,” said President Rice. “I truly believe these bills will save firefighter lives.”
Looking Ahead in 2020
Even with the significant victories of 2019, there is still much work to be done on behalf of firefighters in the coming year. A few highlights of the pro-firefighter agenda for 2020.
Community Paramedicine Community paramedics can help ease ER overcrowding and guide patients to the help they need. CPF’s AB 1544 brings this option to every fire department. The legislation is still alive and will be a focus in 2020.
Disallowed Compensation
When a benefit is promised and paid for, it shouldn’t be taken away because the employer or CalPERS made a mistake. CPF’s fix for this cruel loophole – SB 266 – has won overwhelming bipartisan support so far.
Workers’ Compensation Reform
Ensuring firefighters get the care and support they need through workers’ comp is a top CPF priority. CPF will pursue a range of reforms, including easing barriers to choosing a doctor and ensuring coverage for out-of-state job-related activity (AB 932).
Firefighters Memorial
The California Firefighters Memorial continues to be a beacon of remembrance for firefighters and a place of reflection for families of fallen firefighters. In 2020, CPF will pursue an extension of the income-tax checkoff to support the Memorial.
Pre-Apprenticeship Funding
The California Firefighter Joint Apprenticeship Committee, co-sponsored by CPF, is breaking ground with pre-apprenticeship academies that provide opportunities for economically disadvantaged candidates. In 2020, CPF will pursue continued bipartisan support to expand these essential vehicles for building a better trained and more diverse fire service.
Stay informed! Track CPF’s legislative priorities and make your voice heard at cpf.org. Just find “Issues and Legislation”.