Firefighting is a dangerous profession, with first responders facing numerous hazards like intense heat and collapsing structures. Recently, chemical exposure from firefighting foam has emerged as a new threat. Containing harmful per- and polyfluoroalkyl substances (PFAS), these "forever chemicals" persist in both the environment and the human body, raising significant health concerns.

As firefighters increasingly face serious health conditions like cancer, liver damage, and reproductive issues, concerns about the long-term effects of chemical exposure grow. This raises the critical question: Can firefighters sue over their exposure to hazardous chemicals in firefighting foam?

Understanding Firefighting Foam and Its Chemical Components

Firefighting foam has been essential in managing and extinguishing fires, particularly those involving flammable liquids such as oil and gasoline. It functions by suffocating the flames and cutting off the oxygen supply. The two main types of firefighting foam are aqueous film-forming foam (AFFF) and protein-based foam.

AFFF, commonly used by military and civilian firefighters, contains PFAS that improves the foam’s fire-suppressing capabilities. PFAS are valued for their resistance to water and grease, making them ideal for firefighting. However, these substances remain in both the environment and the human body, earning the term "forever chemicals."

A study published by ScienceDirect found elevated levels of long-chain PFASs in firefighters using AFFF. Firefighters may experience cumulative effects from occupational exposure to PFASs over their careers. One significant exposure pathway is the use of Class B AFFF, which may contain harmful chemicals like PFOS and PFOA.

The Legal Framework Surrounding Chemical Exposure

Firefighters exposed to hazardous chemicals in firefighting foams may have legal recourse under various laws. The Occupational Safety and Health Act (OSHA) requires employers to maintain a safe and healthful workplace, including protecting workers from chemical hazards. Firefighters may seek compensation under product liability laws, allowing them to sue manufacturers for defective firefighting foams containing harmful chemicals.

These lawsuits could argue that the foams were defective due to the presence of dangerous chemicals like PFAS. In addition, negligence laws could allow legal action if firefighters prove exposure resulted from employers’ failure to implement safety measures or warnings. In this case, firefighters could hold employers responsible for not protecting them from known risks.

Time reported that over 15,000 claims have been filed nationwide against major PFAS manufacturers, including DuPont, 3M, Corteva, and Chemours. These companies are at the center of numerous lawsuits related to the harmful effects of PFAS chemicals. Also, several smaller PFAS manufacturers are facing legal action, highlighting the widespread concern over chemical exposure.

Grounds for Legal Action

Firefighters often base legal claims on negligence, product liability, and failure to warn. Negligence claims center on the failure of employers or manufacturers to protect workers from PFAS exposure. Many fire departments were unaware of the dangers posed by PFAS-containing foams until recent scientific studies brought the risks to light.

Product liability provides another avenue for legal action. If firefighting foam is deemed defective or inherently dangerous, manufacturers can be held accountable for resulting injuries. Numerous lawsuits have been filed against manufacturers of AFFF, which often contains PFAS chemicals, due to alleged harm caused by exposure to these substances.

The AFFF foam lawsuit aims to secure compensation for individuals whose health suffered due to prolonged exposure to these hazardous substances. A central claim in these lawsuits is that manufacturers neglected to adequately inform firefighters about the potential risks associated with these foams. This failure to warn is a key element in these legal proceedings.

TruLaw reports that lawmakers are advocating for stronger monitoring and prevention measures at military installations. Over 1,500 facilities within the Department of Defense (DoD) have been found to employ AFFF. Of these, 700 have been confirmed as sites of significant PFAS contamination, highlighting the widespread issue of chemical exposure.

Steps to Take if Exposed to Chemicals

If a firefighter suspects exposure to harmful chemicals like PFAS from firefighting foam, immediate action is crucial for both health and legal reasons. The first step is seeking medical attention, especially if symptoms like skin rashes, respiratory issues, or fatigue occur. Early detection can help mitigate long-term health effects.

Documenting the exposure is crucial for building a case. Keeping detailed records of the incident, foam type, and exposure duration can support any legal claims.

In addition, firefighters should undergo regular health screenings to monitor for conditions linked to PFAS exposure, such as cancer or liver damage. JD Supra reported that studies indicate that firefighters who work with AFFF that contains PFAS have an increased risk of developing various cancers. These include kidney, testicular, and pancreatic cancers linked to the toxic chemicals present in firefighting foam.

The Role of Support Organizations

Support organizations play a vital role in assisting firefighters exposed to hazardous chemicals in firefighting foam. Firefighters have a 9% higher risk of cancer diagnosis and a 14% greater chance of cancer-related death compared to the general US population.

Specifically, their risk of developing testicular cancer is 2.02 times higher, indicating they are more than twice as likely to be affected. Additionally, they have a 2.0 times greater risk of developing mesothelioma and a 1.53 times higher risk of multiple myeloma. They also face a 1.51 times greater risk of non-Hodgkin’s lymphoma.

Support organizations offer critical resources like legal assistance, medical care, and advocacy to promote safer working conditions and protect firefighter health.

Organizations like the IAFF and Firefighter Cancer Support Network assist firefighters with legal claims and securing proper care. They actively raise awareness about the health risks linked to firefighting foam. Also, these groups advocate for policy reforms to reduce exposure to toxic chemicals.

Frequently Asked Questions

What types of health issues are commonly associated with firefighting foam exposure?

Exposure to firefighting foam, especially AFFF with PFAS, is strongly associated with health issues like kidney and testicular cancer, liver damage, and thyroid disease. Prolonged exposure can also lead to reproductive disorders, developmental delays, and immune system suppression. Additionally, firefighters may face high cholesterol and hormonal imbalances as a result of these toxic chemicals.

How can firefighters prove their case in a lawsuit related to chemical exposure?

Firefighters can support their lawsuits by providing evidence like workplace records, foam usage history, and medical diagnoses linking PFAS exposure to health issues. Expert testimony and studies highlighting the connection between exposure and disease strengthen their case.

Are there specific organizations that can assist firefighters in filing a lawsuit?

Yes, organizations like the Firefighter Cancer Support Network and the International Association of Fire Fighters offer assistance to firefighters filing lawsuits. These organizations offer legal aid, medical assistance, and advocacy, helping firefighters gather evidence, navigate lawsuits, and seek compensation.

Seeking Justice for Firefighters

The fight for justice for firefighters exposed to harmful chemicals in firefighting foam is ongoing. While legal challenges face significant hurdles, the growing body of scientific evidence provides a glimmer of hope.

These lawsuits aim to hold accountable those responsible for exposing firefighters to health risks. They also drive change by advocating stricter regulations on PFAS-containing foams and encouraging safer alternatives. Ultimately, these efforts enhance workplace safety for firefighters nationwide.