The following table summarizes the situations listed in WAC 296-14-310 through 296-14-325 under which a presumption of coverage may not apply for firefighters and EMTs as defined in RCW 41.26.030(17)(a), (b), (c), and (h) and fire investigators; and law enforcement officers as defined in RCW 41.26.030(19)(b), (c), and (e) due to tobacco use.
Medical condition | Presumptions shall not apply | Presumption shall apply |
Heart problems experienced within seventy-two hours of exposure to smoke, fumes, or toxic substance | Firefighters, EMTs, fire investigators, and law enforcement officers that are current smokers | Firefighters, EMTs, fire investigators, and law enforcement officers that never smoked tobacco |
Firefighters, EMTs, fire investigators, and law enforcement officers that are former smokers and last smoked less than two years prior to the cardiac event | Firefighters, EMTs, fire investigators, and law enforcement officers that are former smokers and last smoked two years or more prior to the cardiac event | |
Asthma | Firefighters, EMTs, and fire investigators that are current smokers | Firefighters, EMTs, and fire investigators that never smoked tobacco |
Firefighters, EMTs, and fire investigators that are former smokers and last smoked less than five years before date of manifestation of the disease | Firefighters, EMTs, and fire investigators that are former smokers and last smoked five years or more before date of manifestation of the disease | |
Chronic obstructive pulmonary disease/emphysema/chronic bronchitis | Firefighters, EMTs, and fire investigators that are current smokers | Firefighters, EMTs, and fire investigators that never smoked tobacco |
Firefighters, EMTs, and fire investigators that are former smokers and last smoked less than fifteen years before date of manifestation of the disease | Firefighters, EMTs, and fire investigators that are former smokers and last smoked fifteen years or more before date of manifestation of the disease | |
Lung cancer | Firefighters, EMTs, and fire investigators that are current smokers | Firefighters, EMTs, and fire investigators that never smoked tobacco |
Firefighters, EMTs, and fire investigators that are former smokers and last smoked less than fifteen years before date of manifestation of the disease | Firefighters, EMTs, and fire investigators that are former smokers and last smoked fifteen years or more before date of manifestation of the disease |
Wash. Admin. Code § 296-14-330
Statutory Authority: RCW 51.04.020, 51.32.185. 03-12-046, § 296-14-330, filed 5/30/03, effective 7/1/03.