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Potential turning point: New legislation seeks to eliminate PFAS from firefighter equipment

Jonathan Sharp
fire truck jacket helmet
(© Firefighter Montreal – stock.adobe.com)

Without a doubt, firefighters have one of the most difficult missions in the world, as they regularly put their lives on the line to ensure the safety of their communities.

Unfortunately, toxic exposure is very prevalent among this occupational group, as they frequently encounter harmful substances like formaldehyde, hydrogen cyanide, benzene, polychlorinated biphenyls, asbestos, carbon monoxide, as well as perfluoroalkyl and polyfluoroalkyl substances on the job. Also known as PFAS or “forever chemicals” because of their ability to persist in the environment and the human body for a long time, these substances mainly come from firefighters’ use of AFFF, a fire suppressant used to extinguish Class B fires.

Sometimes, AFFF, which puts out fires stemming from combustible and flammable liquids and gases, contains 98% “forever chemicals,” which poses a major health threat to the health of firefighters.

However, firefighters are also exposed to PFAS from their very own turnout gear, which contains these chemicals due to their water-repellant properties. Turnout gear is made of three layers, specifically a thermal liner close to the skin, a moisture barrier, and a water-repellent outer shell on top. According to a May 2023 report, PFAS levels were lowest on the gear closest to firefighters’ skin and highest on the outer second and third layers. The moisture barrier and the outer shell contained “forever chemicals” levels up to 400 times higher than the thermal liner. PFAS in turnout gear pose an unreasonable health risk to these brave people, as in addition to being exposed to these dangerous chemicals from AFFF, they also inhale “forever chemicals” from their personal protective equipment as it deteriorates.

In 2018, fire departments in Virginia responded to an average of 2,333 incidents per day. The fire departments in Augusta County respond to over 20,000 calls every year from 19 fire stations. On July 27, 2023, a fire flattened a home at 706 Spottswood Road. The fire was called in at 3:16 a.m., according to Division Chief Chris Shaver of Augusta County Fire-Rescue, and the home was a complete loss. Shaver said three adults were inside the home at the time, and all escaped the fire. An ambulance crew was first to the scene, and he said the front of the home was already engulfed in flames. “And it quickly spread to other parts of the house before the first fire apparatus arrived,” Shaver said. Firefighters constantly risk their lives to save those in danger, and those in Augusta County are no different, as their involvement is relentless.

Over the past few decades, cancer has become a leading cause of death among firefighters, and toxic exposure might be a major contributing factor to this heartbreaking statistic. Firefighters have a 9% higher risk of receiving a cancer diagnosis and a 14% greater risk of dying from a malignant disease. Exposure to PFAS can result in countless serious health issues, such as kidney and testicular cancer. Furthermore, it can also cause high cholesterol, preeclampsia in pregnant women, kidney disease, liver damage, altered immune function, thyroid disease, and fertility issues. PFAS are a major component of the moisture barrier within turnout gear. As of 2022, most manufacturers offer PFAS-free water-repellent finishes, but expanded-polytetrafluoroethylene moisture barriers still contain and release these toxic substances.

At the moment, there is no turnout gear free of “forever chemicals” on the market, but this does not mean that effective alternatives could not be developed in the future. In fact, the situation might change in the near future, as on July 20, 2023, the PFAS Alternatives Act was introduced by Congressman Brian Fitzpatrick. If it became law, the bill would accelerate the development of PFAS-free turnout gear, facilitate the development of safer turnout gear materials, and support guidance and training for firefighters on the best practices for reducing toxic exposure. The PFAS Alternatives Act would authorize $25 million every year for each fiscal year from 2024 to 2028 to support the development of new materials, as well as $2 million annually to support guidance and training. If the bill was signed into law, we might observe a decrease in the high rate of cancer diagnoses and mortality among firefighters.

“Firefighters put their health and safety on the line every day to protect our communities. They run in as others run out. They shouldn’t have to worry about hazardous substances in their own turnout gear,” said Congresswoman Dina Titus.

Currently, the VA does not recognize the connection between “forever chemicals” exposure and the many diseases it can cause in military firefighters, so these courageous people remain uncovered in terms of benefits such as healthcare and disability compensation, which could help tremendously with the high treatment cost of cancer. For example, the treatment cost of surgery for testicular cancer, which firefighters are twice as likely to develop than the general population, can reach $13,000, which, for many, is unaffordable. The PFAS Alternatives Act would minimize toxic exposure among this occupational group to a great extent, provided that the use of AFFF is also phased out in the future.

Jonathan Sharp is Chief Financial Officer at Environmental Litigation Group, P.C. Headquartered in Birmingham, Ala., the law firm offers assistance to civilian and military firefighters injured by toxic exposure on the job or during active duty. Jonathan Sharp is responsible for the management of firm assets, case evaluation, and financial analysis.