SB170 - Revises provisions relating to industrial insurance. (BDR 53-632)

- 83rd Session (2025) Senate Bill No. 170–Senators Steinbeck and Scheible CHAPTER.......... AN ACT relating to industrial insurance; requiring a firefighter who is not employed by the Executive Department of the State Government or volunteer firefighter to submit to an annual cancer screening for certain industrial insurance coverage for cancer; revising provisions governing the administration of physical examinations required of certain firefighters, arson investigators and police officers who are not employed by the Executive Department of the State Government for certain industrial insurance coverage for lung disease and heart disease; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, an employee who contracts an occupational disease arising out of and in the course of his or her employment is generally entitled to receive compensation under industrial insurance. (Chapter 617 of NRS) Existing law provides that certain diseases of the lungs and heart contracted by certain firefighters, arson investigators, volunteer firefighters and police officers are occupational diseases for which the employee is entitled to compensation under certain circumstances. Under existing law, an employee covered by those provisions is required to submit to a physical examination upon employment, upon commencement of coverage and periodically thereafter, the frequency of which depends on the age and occupation of the employee. (NRS 617.455, 617.457) Sections 2-4 of this bill revise requirements for the administering of such a physical examination for an employee who is not an employee in the Executive Department of the State Government. Effective July 1, 2026, section 2: (1) requires such a physical examination to be administered, when possible, by a licensed physician or advanced practice registered nurse who is knowledgeable about the physical demands of firefighting and law enforcement; and (2) sets forth various tests and examinations that such a physical examination must include. Under existing law, cancer contracted by certain firefighters, volunteer firefighters or certain other employees resulting in either temporary or permanent disability or death is an occupational disease and compensable under industrial insurance under certain circumstances. (NRS 617.453) Effective July 1, 2026, section 1 of this bill requires a firefighter, other than a firefighter who is an employee in the Executive Department of the State Government, or volunteer firefighter to submit to a cancer screening upon commencement of coverage, thereafter on an annual basis during his or her employment and, if provided by the employer, upon employment. Section 2 sets forth various requirements for the administration of such a cancer screening. – 2 – - 83rd Session (2025) EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 617.453 is hereby amended to read as follows: 617.453 1. Notwithstanding any other provision of this chapter, cancer, resulting in either temporary or permanent disability, or death, is an occupational disease and compensable as such under the provisions of this chapter if: (a) The cancer develops or manifests itself out of and in the course of the employment of a person who, for 5 years or more, has been: (1) Employed in this State in a full-time salaried occupation as: (I) A firefighter for the benefit or safety of the public; (II) An investigator of fires or arson; or (III) An instructor or officer for the provision of training concerning fire or hazardous materials; or (2) Acting as a volunteer firefighter in this State and is entitled to the benefits of chapters 616A to 616D, inclusive, of NRS pursuant to the provisions of NRS 616A.145; and (b) It is demonstrated that: (1) The person was exposed, while in the course of the employment, to a known carcinogen, or a substance reasonably anticipated to be a human carcinogen, as defined by the International Agency for Research on Cancer or the National Toxicology Program; and (2) The carcinogen or substance, as applicable, is reasonably associated with the disabling cancer. 2. With respect to a person who, for 5 years or more, has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, the following substances shall be deemed, for the purposes of paragraph (b) of subsection 1, to be known carcinogens that are reasonably associated with the following disabling cancers: (a) Diesel exhaust, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with bladder cancer. – 3 – - 83rd Session (2025) (b) Acrylonitrile, formaldehyde and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with brain cancer. (c) Asbestos, benzene, diesel exhaust and soot, digoxin, ethylene oxide, polychlorinated biphenyls and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with breast cancer. (d) Diesel exhaust and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with colon cancer. (e) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with esophageal cancer. (f) Formaldehyde shall be deemed to be a known carcinogen that is reasonably associated with Hodgkin’s lymphoma. (g) Formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with kidney cancer. (h) Benzene, diesel exhaust and soot, formaldehyde, 1,3- butadiene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with leukemia. (i) Chloroform, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with liver cancer. (j) Arsenic, asbestos, cadmium, chromium compounds, oils, polycyclic aromatic hydrocarbon, radon, silica, soot and tars shall be deemed to be known carcinogens that are reasonably associated with lung cancer. (k) Acrylonitrile, benzene, formaldehyde, polycyclic aromatic hydrocarbon, soot and vinyl chloride shall be deemed to be known carcinogens that are reasonably associated with lymphatic or hematopoietic cancer. (l) Diesel exhaust, soot, aldehydes and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with basal cell carcinoma, squamous cell carcinoma and malignant melanoma. (m) Benzene, dioxins and glyphosate shall be deemed to be known carcinogens that are reasonably associated with multiple myeloma. (n) Arsenic, asbestos, benzene, diesel exhaust and soot, formaldehyde and hydrogen chloride shall be deemed to be known carcinogens that are reasonably associated with nasopharyngeal cancer, including laryngeal cancer and pharyngeal cancer. (o) Benzene, chronic hepatitis B and C viruses, formaldehyde and polychlorinated biphenyls shall be deemed to be known – 4 – - 83rd Session (2025) carcinogens that are reasonably associated with non-Hodgkin’s lymphoma. (p) Asbestos, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with ovarian cancer. (q) Polycyclic aromatic hydrocarbon shall be deemed to be a known carcinogen that is reasonably associated with pancreatic cancer. (r) Acrylonitrile, benzene and formaldehyde shall be deemed to be known carcinogens that are reasonably associated with prostate cancer. (s) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with rectal cancer. (t) Chlorophenols, chlorophenoxy herbicides and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with soft tissue sarcoma. (u) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with stomach cancer. (v) Diesel exhaust, soot and polychlorinated biphenyls shall be deemed to be known carcinogens that are reasonably associated with testicular cancer. (w) Diesel exhaust, benzene and X-ray radiation shall be deemed to be known carcinogens that are reasonably associated with thyroid cancer. (x) Diesel exhaust and soot, formaldehyde and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with urinary tract cancer and ureteral cancer. (y) Benzene and polycyclic aromatic hydrocarbon shall be deemed to be known carcinogens that are reasonably associated with uterine cancer. 3. The provisions of subsection 2 do not create an exclusive list and do not preclude any person from demonstrating, on a case-by- case basis for the purposes of paragraph (b) of subsection 1, that a substance is a known carcinogen or is reasonably anticipated to be a human carcinogen, including an agent classified by the International Agency for Research on Cancer in Group 1 or Group 2A, that is reasonably associated with a disabling cancer. 4. Except as otherwise provided in subsection 10, compensation awarded to the employee or his or her dependents for disabling cancer pursuant to this section must include: – 5 – - 83rd Session (2025) (a) Full reimbursement for related expenses incurred for medical treatments, surgery and hospitalization in accordance with the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract; and (b) The compensation provided in chapters 616A to 616D, inclusive, of NRS for the disability or death. 5. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, disabling cancer is rebuttably presumed to have arisen out of and in the course of the employment of the person if the disease is diagnosed during the course of the person’s employment described in paragraph (a) of subsection 1. 6. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires before July 1, 2019, or has acted as a volunteer firefighter in this State as described in subparagraph (2) of paragraph (a) of subsection 1, regardless of the date on which the volunteer firefighter retires, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed after the termination of the person’s employment if the diagnosis occurs within a period, not to exceed 60 months, which begins with the last date the employee actually worked in the qualifying capacity and extends for a period calculated by multiplying 3 months by the number of full years of his or her employment. 7. For a person who has been employed in this State as a firefighter, investigator, instructor or officer described in subparagraph (1) of paragraph (a) of subsection 1 and who retires on or after July 1, 2019, disabling cancer is rebuttably presumed to have arisen out of and in the course of the person’s employment pursuant to this subsection. This rebuttable presumption applies to disabling cancer diagnosed: (a) If the person ceases employment before completing 20 years of service as a firefighter, investigator, instructor or officer, during the period after separation from employment which is equal to the number of years worked; or – 6 – - 83rd Session (2025) (b) If the person ceases employment after completing 20 years or more of service as a firefighter, investigator, instructor or officer, at any time during the person’s life. 8. Service credit which is purchased in a retirement system must not be used to calculate the number of years of service or employment of a person for the purposes of this section. 9. A rebuttable presumption created by subsection 5, 6 or 7 must control the awarding of benefits pursuant to this section unless evidence to rebut the presumption is presented. The provisions of subsections 5, 6 and 7 do not create a conclusive presumption. 10. A person who files a claim for a disabling cancer pursuant to subsection 7 after he or she retires from employment as a firefighter, investigator of fires or arson, or instructor or officer for the provision of training concerning fire or hazardous materials is not entitled to receive any compensation for that disease other than medical benefits. 11. Each person who is employed as a firefighter, other than an employee in the Executive Department of the State Government, or acting as a volunteer firefighter and who is to be covered for cancer pursuant to the provisions of this section shall submit to a cancer screening: (a) If provided by the employer, upon employment; (b) Upon commencement of coverage; and (c) Thereafter, on an annual basis during his or her employment. 12. All cancer screenings required pursuant to subsection 11 must be paid for by the employer. Sec. 2. NRS 617.454 is hereby amended to read as follows: 617.454 1. Any physical examination administered pursuant to NRS 617.455 or 617.457 for an employee in the Executive Department of the State Government must include: (a) A thorough test of the functioning of the hearing of the employee; and (b) A purified protein derivative skin test to screen for exposure to tuberculosis. 2. Any physical examination administered pursuant to NRS 617.455 or 617.457 for an employee who is not an employee in the Executive Department of the State Government and any cancer screening administered pursuant to NRS 617.453 must be administered, when possible, by: (a) A physician licensed pursuant to chapter 630 or 633 of NRS; or [Text truncated for display. Full text available on LegiScan.]