Legislature Acts to Protect Massachusetts Firefighters from Toxic PFAS Chemicals

(BOSTON 8/5/2024) – Today, the Massachusetts Legislature gave final passage to a critical bill that will protect firefighters in the Commonwealth from toxic PFAS chemicals. S.2902 – based on S.1556 and S.1502 – implements new regulations on manufacturers of firefighting personal protective equipment, requiring a written notice to the purchaser that the equipment contains PFAS, the reason PFAS were used, and what specific PFAS chemicals are contained within the equipment. Further, the bill prohibits the manufacturing, distribution, or sale of firefighting turnout equipment that contains PFAS chemicals beginning on January 1st, 2027.

PFAS, or Polyfluoroalkyl substances, is a class designation that includes nearly 10,000 chemicals used to make everyday items fireproof, waterproof, or non-stick. These chemicals have become ubiquitous in products ranging from cookware to furniture to children’s toys – and critically, as a lining in firefighting turnout gear – despite posing dangerous health risks. Even at low levels, the toxicity of PFAS chemicals can be devastating, increasing the risk of cancer, immunosuppression, birth defects, colitis, and other diseases. Compounding these dangers is the persistent nature of PFAS chemicals, known as “forever chemicals” for their resistance to breaking down in the environment.

“Ask anyone how the majority of firefighter line-of-duty deaths occur — most will probably guess smoke inhalation or on-call injury. The shocking truth is that, from 2002 to 2019, cancer accounted for 66% of firefighter deaths, according to the International Association of Firefighters,” said Senator Michael Moore (D-Millbury). “PFAS exposure from firefighting equipment is a crisis for firefighters and the communities they serve. I am so proud that the Legislature is finally taking action to protect our heroic firefighters from the chemicals in their turnout gear that are slowly poisoning them, and I could not be more thrilled to have done it alongside my partners in the Legislature as well as the tireless advocates from across the Commonwealth who have persisted in this effort despite many setbacks. I look forward to Governor Maura Healey signing these protections into law.”

This legislation, originally filed by former Massachusetts Senator Diana DiZoglio and co-sponsored by Senator Michael Moore, has since been championed in the Senate by Senator Moore with support from Senators Julian Cyr, Bruce Tarr, Walter Timilty, Michael Rodrigues and others. In the House, the bill was championed by Representatives Jim Hawkins and Carol Doherty.

“Our firefighters are among the most hardworking, selfless people in Massachusetts, operating under the most dangerous of conditions while risking their own lives to save others. For their dedication to our communities, we must do all we can to provide them with the supports they need to do this invaluable work,” said State Auditor Diana DiZoglio. “That is why I am so grateful for the passage of this legislation, which will go a long way toward protecting those who protect us.”

“Every day firefighters face danger to protect us, and they depend on turnout gear to protect them,” said Senate Minority Leader Bruce Tarr (R-Gloucester). “Yet far too often that gear has itself posed a threat to firefighter health because of the presence and carcinogenic impact of PFAS contained in the gear. Today the Senate took the decisive action that this situation demands, to confront the ongoing threat of these dangerous chemicals.”

“Firefighters in Massachusetts put their lives on the line every day on behalf of our communities, and yet it is the exposure to the forever chemicals known as PFAS in their turnout gear that pose one of the greatest risks to their health,” said Senator Julian Cyr (D-Truro). “This legislation marks a critical first step forward in the Senate’s efforts to mitigate the contamination of and eliminate exposure to these harmful forever chemicals.”

While PFAS chemicals have long been used in firefighter turnout gear, the long-term health effects on the men and women who wear the equipment every day have only recently come into the spotlight. The campaign to draw attention to the downsides of PFAS largely began in 2014 when Worcester native Diane Cotter, in the wake of her husband’s prostate cancer diagnosis, discovered extremely high levels of PFAS in and around his firefighting turnout equipment. Lieutenant Paul Cotter, a retired Worcester Fire Department firefighter, had worn the tainted equipment for 28 years. Since making this discovery, Diane has rallied support from the Professional Fire Fighters of Massachusetts (PFFM) and the families of firefighters across the Commonwealth for the restriction of PFAS in firefighter equipment, as well as played a key role in the filing of litigation against the manufacturers of firefighter turnout gear by dozens of Massachusetts firefighters. The issue has recently received national attention, including from actor and producer Mark Ruffalo, who directed a short documentary that tells the story of Diane and Paul Cotter as they grapple with the effects of long-term exposure to PFAS chemicals in firefighting gear.

“We are incredibly proud and grateful for this righteous passing of Senator Moore’s bill to protect firefighters,” said Diane and Lieutenant Paul Cotter. “Since 2018 we’ve witnessed Senator Moore stand toe to toe against industry in three sessions of this bill. Every session was arduous but our firefighters from PFFM and the many lawmakers on both sides of the aisle held the line today for the fire community.”

"Thank you to Senator Michael Moore, Senator Julian Cyr, Ways and Means Chair Michael Rodrigues and the entire state senate who voted unanimously to remove toxic chemicals from our turnout gear, hold manufacturers accountable, and ultimately protect the health of the firefighters that serve this state," said Rich MacKinnon, Jr., President of the Professional Fire Fighters of MA. "We have worked for more than six years to pass a bill that bans PFAS chemicals, and today we are one step closer. The PFFM calls on the House to also pass this vital legislation so that it can go to the Governor's desk and hopefully be signed into law before we lose another firefighter."

Having been approved by both the Senate and the House, the bill will now be sent to the Governor’s desk for her signature.

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