HomeMy WebLinkAboutMINUTES - 07222008 - C.50 I
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TO: BOARD OF SUPERVISORS • /�• ,}, Contra
FROM: JOHN CULLEN, o Costa
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County AdministratorC' Cunt
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S�9 Co.. y
DATE: July 8, 2008
SUBJECT: OPPOSE POSITION on AB 2754 (Bass): MRSA Skin Infections
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
OPPOSE Assembly Bill 2754 (Bass)., a bill that adds methicillin-resisitant staphylococcus aureus
(MRSA) as a medical condition that gives rise to a disputable presumption for the purposes of a
service-connected disability and workers' compensation, as recommended by the County
Administrator.
FISCAL IMPACT:
Undetermined impact, but there would be a significant exposure of workers' compensation claims to
Contra Costa County if the bill becomes law.
BACKGROUND:
Methicillin-resisitant staphylococcus aureus (MRSA) is a serious, potentially life-threatening infection.
MRSA was once considered a primarily hospital-acquired disease that has since demonstrated an
increase ability to spread throughout the community.
AB 2754 (Bass) provides for the following:
Adds MRSA as a medical condition that gives rise to a disputable presumption for the purposes of a
service-connected disability and workers' compensation.
AB 2754 specifies that the MRSA skin infection presumption shall be extended to a member following
termination of service for a period of 90 days commencing with the last day actually worked in the
specified capacity. AB 2754 also deletes the requirement that the specified safety personnel must
have been in the pension plan for a minimum of five years in order to be eligible for the specified
disputable presumptions.
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMi TI" EE
APPROVE OTIIF:R
SIGNA'f URF(S):
ACTION OF BCA ON �� �_2(f�g APPROVED AS RECOMMENDED
e 162A z.� Ln c�-al on Iii~ b c:G c e�S Lt �r't, .
VOTF OF SUPERVISORS I I IEREBY CERTIFY'THAT'TI IIS IS A TRUE AND CORRUCT COPY
OI' AN ACTION TAKUN AND ENTERED ON MINUTES OF •1'111.
BOARD OF SUPERVISORS ON TI IF?DA'Z'E SHOWN.
UNANIMOUS(ABSENT N—L:
AYES: NOES: _
ABSF;N"I": ABSTAIN:
Contact:
L.DcLancy 5-1097 �—
Cc: ATTESTED
L.DeLaney,CAO's Ofticc JOHN CULL.I' ,C I,I.:RK OF THE BOARD OPSUI)I-.' ORS
R.Harvey—Risk Manaecmcnt
BY: DF:PU•TY
AB 2754 (MRSA Skin Infections)—p. 2
July 22, 2008
Proponents of AB 2754 state that peace officers and firefighters, by nature of their routine contact
with the public, are in constant danger of being exposed to many infectious.diseases in the course of
performing their job-related duties. The transmission of MRSA among firefighters can be linked to
contact with infected individuals with, for instance, open wounds and skin abrasions and boils.
Additionally, indirect contact with emergency provider equipment and apparatus, as well as the
turnouts/brush coats that firefighters utilize also pose the threat of MRSA transmission. Supporters of
AB 2754 believe the five-year service requirement should be removed from the government code as
a matter of equity, since it is applicable only to those covered by the 1937 Act Retirement plans but
not to PERS members.
A number of public employers are opposed to the bill. They argue that all of the other presumptions
afforded safety officers have been based on substantial medical evidence demonstrating a causal
connection between the risks encountered in public safety employment and the medical condition
contracted by a public safety employee. They do not believe this sort of causal connection exists for
methicillin-resistant Staphylococcus aureus skin infection. They argue that this infection is not unique
to safety employment, and can be contracted any number of ways unrelated to employment. These
employers are not arguing that MRSA skin infection cannot be work-related. Rather, they contend it
should n'ot be presumed to be.
Currently, the California Labor Code provides that if an injury or illness arises out of and in the course
of employment, it is covered under workers' compensation. This would include claims for MRSA.
There is.no reason to add a "presumption" of injury for certain classes of employees. Such
presumptions would negatively affect the County's ability to appropriately defend against claims that
may not be work related and would increase litigation costs in pursuing an appropriate defense.
Further, it appears that AB 2754 is fundamentally flawed. It would add MRSA to an existing
presumption for blood-borne infectious disease illnesses. This is a slippery slope, since MRSA is not
really a blood-borne disease. The Centers for Disease Control reports that MRSA is most frequently
transmitted through skin-to-skin contact. Adding MRSA to the blood-borne infectious disease
presumption may lead to the conclusion that the Legislature intended to expand this presumption
beyond blood-borne illnesses. Given the number of communicable diseases that exist, this would
have the potential to significantly increase the County's workers' compensation cost.
Lastly, if AB 2754 is passed, staff suspects it would only be a matter of time when similar bills would
expand the growing list of employees with equal exposures, e.g. health care workers, social workers,
school teachers, prison guards, etc. As stated above, since the Labor Code already covers any injury
of illness that arises out of the employment regardless of occupation, AB 2754 would be duplicative.
The financial exposure to the County would vary from person to person and depending on how early
or late the condition was diagnosed and treatment commenced. It is staff's understanding that there
are only a few antibiotics that are effective. If the condition does not clear up with the first round of
antibiotics, doctors must escalate to a stronger one and so on. Saving the strongest one for last,
which is very expensive. The claim exposure would also include the length of time the employee is
unable to work and we are providing workers' comp disability benefits. Also, if the condition is severe,
permanent disability benefits may also be provided. Those benefits are dependent on the level of
disability.
SUPPORT
California Professional Firefighters — Sponsor, Association for Los Angeles Deputy Sheriffs -Co-
sponsor, Los Angeles Probation Officers' Union, AFSCME Local 685 -Co-sponsor, Riverside Sheriffs'
Association - Co-sponsor, California Applicants' Attorneys Association, California Association of
Highway Patrolmen, California Correctional Peace Officers' Association, California Nurses
Association/National Nurses Organizing Committee, California Peace Officers Association, California
Police Chiefs Association, CDF Firefighters, Los Angeles County Sheriff's Department, Peace
Officers Research Association of California
OPPOSITION
Alpha Fund, California Association of Joint Powers Authorities, California Coalition on Workers'
Compensation, California Special Districts Association, California State Association of Counties, City
of Monrovia, City of San Marcos, CSAC - Excess Insurance Authority, League of California Cities,
Los Angeles County, Regional Council of Rural Counties
i
STATUS: .
06/25/2008 From SENATE Committee on LABOR AND INDUSTRIAL RELATIONS: Do
pass to Committee on APPROPRIATIONS.
DISPOSITION: Pending
LOCATION: Senate Appropriations Committee
I
AMENDED 1N ASSEMBLY MAY 23, 2008
CALIFORNIA LEGISLATURE-20077o8 REGULAR SESSION
ASSEMBLY BILL No. 2754 .
Introduced by Assembly Member Bass
February 22, 2008
An act to amend Section 31720.7 of the Government Code, and to
amend Section 3212.8 of the Labor Code, relating to public safety
perso>mel.
LEGISLATIVE COUNSE'L'S DIGEST
AB 2754, as amended, Bass. Public safety personnel: MRSA skill
infections.
Existing law establishes a presumption that if certain safety members,
firefighters, county probation officers, or members in active law
enforcement who have c•onrpleted 5 years of service under specified
Pension or retirement systems develop a blood-borne infectious disease,
the disease arises out of, and in the course of, employment. Existing
law extends this presumption.to blood-borne infectious diseases that
occur within 3 calendar months after termination for each tear of
service, up to 60 months. Existing law requires those who are
permanently incapacitated for the performance of duty as.a result of a
blood-borne infectious disease to receive a service-connected disability
retirement.
This bill would expand the scope of this provision to.include any.
methicillin-resistant Staphylococcus aureus (MRSA) skin infection.
The bill would snake the MRSA presumption applicable.for up to 90
days after lertnination ofservice, and would also make the pr•eszrnrption
applicable to cn y of the above safety members, regardless of service
under the pension or retirement systems.
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AB 2754 —2--
Existing law provides that an injury of an employee arising out of,
and in the course of,employment is generally compensable through the
workers' compensation system. Existing lave provides that, in the case
of certain state and local firefighting and law enforcement personnel,
the term"injury"includes,among other conditions,hemia,pneui ,
a any blood-borne infectious
disease that develops or manifests :itself during a period while the
member is in the service of the governmental entity, and establishes a
disputable presumption in this regard. Under evisting law, the disputable
preszrnnption extends offer terrniination of service for 3 months for each
calendar tear wvorhed, up to 60 117017117s.
This bill would expand the scope of this provision to include any
methicillin-resistant Staphylococcus aureus skin infection and would
make that presumplion applicable for up to 90 days after lernaination
ofservice.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 31720.7 of the Government Code is
2 amended to read:
3 31720.7. (a) If a safety member, a firefighter, a county
4 probation officer,or a meirnber in active law cnforccment-wb-o-�
5
6
7 31900)or tinder a pension system established pursttant to Ghaptef
8 , or both, or undef this
9 retirement system, tinder the Publie Employees' Retifement
10 System,
11 in another eoijnty, develops a blood-bore infectious disease or a
12 methicillin-resistant Staphylococcus aureus skin'infection, the
13 disease or skin infection so developing or manifesting itself in
14 those cases shall be presumed to arise out of, and in the course of,
15 cmployrnent. The blood-borne infectious disease. or
16 methicillin-resistant Staphylococcus aureus skin infection so
17 developing or manifesting itself in those cases shall in no case be
18 attributed to any disease or skin infection existing prior to that
.19 development or manifestation.
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1 (b) Any safety member, firefighter; county probation officer,
2 or member active in law enforcement described in subdivision(a)
3 permanently incapacitated for the performance of duty as a result
4 of a blood-borne infectious disease or methicillin-resistant
5 Staphylococcus aureus skin infection shall receive a
6 service-connected disability retirement.
7 (c) (1) The presumption described in subdivision (a) is
8 rebuttable by other evidence. Unless so rebutted,the board is bound
9 to find in accordance with the pr.�esumption.4kis
.10 (2) The blood-borne infectious disease presumption shall.be
11 extended to a member following termination of service for a period
12 of three calendar months for each full year of the requisite service,
13 but not to exceed 60 months in any circumstance; commencing
14 with the last date actually worked in the specified capacity.
15 (3) Notwithstanding paragraph (2), the methicillin-resistant
16 Staphvlococ•c•us aureus skr'n ii?feci'ioiz presinnption shall be e a tended
17. to a n7ember.1611owing termination of service.for a period of 90
18 days commencing ivith the last day actually worked in the specified
19 capacity.
20 (d) `Blood-borne infectious disease," for purposes of this
21 section, means a disease caused by exposure to pathogenic
22 microorganisms that are.present in human blood that can cause
23 disease in humans, including,but not limited to,those pathogenic. .
24 microorganisms defined as blood-borne pathogens by the
25 Department of Industrial Relations.
26 (e) "Member in active law enforcement," for purposes of this
27 section,means members employed by a sheriff's office,by a police
28 or fire department of a city, county, city and county';district,or by
29 another public or municipal corporation or political subdivision
30 or who are described in Chapter 4.5 (commencing with Section
31 830) of Title 3 of Part 2 of the Penal Code or who are employed
32 by any county forestry or firefighting department or unit, except
33 any of those members whose principal duties are clerical or
34. otherwise do not. clearly fall within the scope -of active law
35 enforcement services or active firefighting services, such as
36 stenographers,telephone operators, and other office workers, and
37 includes a member engaged in active law enforcement who is not
38 classified as a safety ineriiber.
39 SEC. 2. Section 3212.8 of the Labor Code is ariiended to read:
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AB 2754 —4--
1 3212.8. (a) In the case of members of a sheriff's office, of
. .2 police or fire departments of cities, counties, cities and counties,
3 districts, or other public or municipal corporations or political
4 subdivisions,or individuals described in Chapter 4.5.(commencing
5 with Section 830) of Title 3 of Part 2 of the Penal Code, whether
6 those persons are volunteer, partly paid, or fully paid, and in the
7 case of active firefighting members of the Department of Forestry
8 and Fire Protection, or of any county forestry or firefighting
9 department or unit, whether voluntary, fully paid,.or partly paid,
10 excepting those whose principal duties are clerical or otherwise
11 do not clearly fall within'the scope of active law enforcement
12 service or active firefighting services, such as stenographers,
13 telephone operators, and other office workers, the.terns "injury'
14 as used in this division, includes a blood-borne infectious disease
15or methicillin-resistant Staphylococcus aurcus skin infection when
16 any part of the blood-borne infectious disease or
17 methicillin-resistant Staphylococcus aureus skin infection develops
18 or manifests itself during a period while that person is in the service
19. of that office,staff,division,department,or unit.The compensation
20 that is awarded for a blood-borne infectious disease or
21 methicillin-resistant Staphylococcus aureus skin infection shall
22 include, but not be limited to, full hospital, surgical, medical
23 treatment,disability indemnity,and death benefits,as provided by
24 the workers' compensation laws of this state.
25 (b) (1) The blood-borne infectious 'disease or
26 methicillin-resistant Staphylococcus aureus skin infection so
27 developing or manifesting itself in those cases shall be presumed
28 to arise out of and in the course of the employment or service.This
29 presumption is disputable and may be controverted by other
30 evidence, but unless so controverted, the appeals board is bound
31 to find in accordance with it.-T-h-at
32 (2) The blood-borne infectious disease presuniption shall be
33 extended to a person covered by subdivision (a) following
34 termination of service for a period of three calendar months for
35 each full year of service, .but :not to exceed 60 months in any
36 circumstance, commencing with the last date actually worked in
37 the specified capacity.
38 (3) Nohvithstanding barcigraph -(2), the lneth1c1111rr-1'G'SIS/a17t
39 5ophylococcuv aurew-skin h fee/io17 pr esam7ptio17 slfall be extended
40 to a person covered by subdivision (a)follolving tern7ilfatio17 of
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1 service for a period of 90 days, commencing with the last day
2 actually worked in the specified capacity,.
3 (c) The blood-borne infectious disease or methicillin-resistant
4 Staphylococcus aureus skin infection so developing'or manifesting
5 itself in those cases shall in.no case be attributed to:any disease or
6 skin infection existing prior to that development or'manifestation.
7 (d) For the purposes of this section, "blood-borne infectious
8 disease" means a disease caused by exposure to pathogenic
9 microorganisms that are,present in human blood that can cause
10 disease in humans, including those pathogenic microorganisms
11 defined as blood-borne pathogens by the Department of Industrial
12 Relations.
O .
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