NY’s volunteer firefighters need cancer coverage (Commentary)

On Jan. 4, Ohio became the 35th state in the nation to provide its volunteer firefighters with presumptive cancer coverage, after a long and hard-fought legislative battle. With the passage of this bill, which was enthusiastically endorsed by Ohio first responders, firefighters in the state are now protected in the event of a cancer diagnosis stemming from their duties protecting the public.

New York is not one of the 34 states that preceded Ohio in passing this sort of legislation, despite that 89 percent of New York’s municipal fire departments are volunteer, according to an economic impact report commissioned by FASNY in 2016. New York’s 100,000-plus volunteers are deprived of the protections granted to their Ohio brethren. This is a tragic situation, one that can and should be rectified by the legislators in Albany during this session.

In both the 2015 and 2016 sessions, a presumptive cancer coverage bill passed the state Senate, but did not come to a vote in the Assembly. The Senate passed the bill again on Tuesday.

The latest version of the legislation (S. 1411 / A. 711), which is sponsored by state Sen. Joseph Griffo and Assembly Member Aileen Gunther, would extend the already existing Volunteer Firefighters’ Benefit Law (VFBL) to cover all incidents of melanoma, as well as cancers of the digestive, hematological, lymphatic, urinary, prostate, neurological, breast and reproductive systems. It effectively updates VFBL, addressing the 21st-century fires and dangers faced by today’s firefighters.

It’s worth noting that the New York bill contains many of the same provisions that were built into the Ohio legislation. These compromises — which include length of service requirements, a statute of repose and an op-out clause — were carefully negotiated between the Legislature and FASNY last year with input from leading medical experts about the scientific realities of firefighter cancer. They are intended to minimize the financial impact of cancer coverage on local municipalities.

This legislation is backed by peer-reviewed research. According to studies published over the past decade, firefighters are 102 percent more likely than the general population to develop testicular cancer; 62 percent more likely to develop cancer of the esophagus; and 26 percent more likely to develop breast cancer. These alarming rates are largely due to the high levels of carcinogens and other toxins found in burning buildings and other hazardous environments.

Homes and other buildings today are built much differently than those in the past. Plastics and other synthetic materials are in much greater use than ever before and when these materials burn, they produce a staggering variety of chemicals and toxins. Every building is now packed with electronics – TVs, computers, smartphones – which are similarly toxic. Modern firefighters, in both urban and rural departments alike, face far greater dangers than their predecessors.

This is a reality that 35 states in the nation have now recognized and acted to address. New York state has long prided itself on being an American capital of progressive change and policies, and rightfully so. However, in the case of protecting firefighters, it falls woefully short of that lofty standard. The Firemen’s Association of the State of New York (FASNY) calls upon the state Assembly and Gov. Andrew Cuomo to follow Ohio’s example, and do the right thing. It’s unfortunate enough that New York might be 36th on this list. Do not make us 37th.