Guide · Ohio

Ohio’s firefighter cancer presumption, and why exposure records matter

Ohio law presumes certain firefighter cancers came from the job — but the presumption has conditions and can be challenged. Here’s what it says, and what your department can do now.

Not legal advice. This is a plain-English summary of Ohio Revised Code 4123.68 as in effect on April 6, 2023. Talk to an attorney or the Ohio Bureau of Workers’ Compensation about any specific claim.

What the law presumes

Under division (X) of Ohio Revised Code 4123.68, cancer contracted by a firefighter who has been assigned to at least six years of hazardous duty is presumed to have been contracted in the course of employment, if the firefighter was exposed to an agent the International Agency for Research on Cancer (IARC) classifies as a Group 1 or 2A carcinogen.

The section’s definition of firefighter covers regular members of a lawfully constituted municipal or township fire department, whether paid or volunteer. “Hazardous duty” takes its meaning from federal regulation 5 C.F.R. 550.902.

The conditions

ConditionWhat the law says
ServiceAt least six years of hazardous duty as a firefighter
ExposureExposed to an IARC Group 1 or 2A carcinogen
Time limitDoesn’t apply if more than 15 years have passed since the last hazardous duty assignment
BenefitsTemporary total disability, working wage loss, permanent total disability, or death benefits

How the presumption can be rebutted

The presumption isn’t automatic. Under division (X)(2), it can be rebutted with evidence such as:

  • Exposure outside official duties — including tobacco — was probably a significant factor in the cancer.
  • The carcinogen the firefighter was exposed to could not have caused the type of cancer claimed.
  • The firefighter was not exposed to a Group 1 or 2A carcinogen.
  • The cancer was diagnosed before the firefighter joined the department.
  • The firefighter is 70 or older.

Why your records matter

In 2022, IARC classified occupational exposure as a firefighter itself as carcinogenic to humans (Group 1). But a claim is about one firefighter’s actual career. When the question is whether a member was exposed, and to what, the strongest answer is a record made at the time: which call, what kind of exposure, how long, what PPE was worn, whether SCBA was on air, and whether gross decon was done.

Those records have to survive a long time. The six-year service requirement and the 15-year window mean a claim may rely on exposures logged decades earlier, under chiefs and software that have since changed.

What departments can do now

  • Log exposures on every working fire and hazmat call, for the whole crew, while the details are fresh.
  • Record PPE and SCBA use honestly, including when SCBA came off during overhaul.
  • Record decontamination and flag anything needing medical follow-up.
  • Keep the records for each member’s career and make sure they can be exported if you change systems.
  • Track years of service on your roster so the six-year mark is easy to show.
ExigentOps logs exposures for a whole crew from the incident report in one step — type, duration, PPE, SCBA, decon and follow-up — and keeps them for each member’s career, private to the member and their officers. See exposure tracking →

Questions

Does Ohio’s firefighter cancer presumption cover volunteers?

The definition of firefighter in Ohio Revised Code 4123.68 includes regular members of a municipal or township fire department, “whether paid or volunteer.” Whether a specific volunteer is covered also depends on workers’ compensation coverage and the facts of the claim, so ask your attorney or the Ohio Bureau of Workers’ Compensation.

How many years of service does the Ohio presumption require?

At least six years of hazardous duty as a firefighter, under division (X) of section 4123.68.

Is there a time limit after leaving the fire service?

Yes. The presumption does not apply if more than fifteen years have passed since the firefighter was last assigned to hazardous duty.

Why do exposure records matter if the law presumes the cause?

The presumption can be rebutted, including with evidence that the firefighter was not exposed to a Group 1 or 2A carcinogen. Dated records of exposures, PPE and decontamination help show what a firefighter was actually exposed to.

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