'Beyond disgraceful': Bill to protect firefighters from PFAS stalls in State House

As a new study suggests the toxic “forever” chemicals known as PFAS can pass through the skin at higher rates than previously thought, firefighters facing elevated rates of cancer are questioning Massachusetts lawmakers’ efforts on their behalf.

“This is beyond disgraceful,” Diane Cotter, the wife of a Worcester firefighter knocked off the job by cancer, said of a response staff for House Speaker Ronald Mariano gave the Telegram & Gazette to questions about languishing legislation.

Cotter, called a firefighter’s “hero” by the country’s largest fire union, has been pushing legislation since 2018 that would ban PFAS — short for polyfluoroalkyl and perfluoroalkyl substances — from firefighting turnout gear.

PFAS, which coat everything from nonstick pans to water- and heat-resistant clothing and personal care products, are increasingly raising alarm at the national level, with billions in lawsuits pending over increasing scientific links to cancer and other serious illness.

A sweeping legislative task force in 2022 recommended a slew of regulations, including ones addressing PFAS in turnout gear, that ended up in a large “omnibus” PFAS bill.

However, the State House News Service recently reported that neither of the bill’s top sponsors said the issue would be a “priority” ahead of the legislative session’s formal end on July 31.

With time ticking, firefighters, including the head of the state’s largest fire union, would like to see PFAS banned from gear regardless of whether the larger bill passes — a prospect the state's top two lawmakers declined to address.

'Falling behind in Massachusetts'

On a warm evening in June 2023, hundreds piled into The Hanover Theatre for the premiere of a documentary , produced by actor Mark Ruffalo, that chronicled Cotter’s efforts to expose and battle the inclusion of PFAS in firefighter turnout gear .

Cotter became suspicious of the gear as she eyed the degrading groin area of her husband’s set after his prostate cancer diagnosis in 2015. She fought for years to prove PFAS was in the gear, experiencing retribution for her outspoken advocacy, including from the union.

At a 2020 presentation, the International Association of Fire Fighters, the largest fire union in the country, gave a presentation in which a staff member said that PFAS in an inner layer of firefighting gear was “unable to pass through” the cell wall.

Cotter publicly derided the statement as an industry talking point , and, as time wore on, the IAFF and its new president, Edward Kelly, came around to her views, reconciled with her and have partnered with her on advocacy.

Cotter received more validation last month when, as reported by The Washington Post , a “first-of-its-kind” study found that PFAS “can seep through human skin and enter the bloodstream.”

While prior studies had pointed to dermal absorption of the chemicals, the new study found it happens at higher rates than previously thought and is likely to serve as a catalyst for future research, Neil McMillan, director of science and research for the IAFF, told the T&G.

McMillan said the study supports concerns that the chemicals in firefighting gear are a significant source of exposure, and also has implications on a wide range of consumer products, from sunscreen to lipstick.

Numerous firefighters told the T&G the study adds urgency to state lawmakers passing legislation to ban PFAS from firefighting gear, where it exists in far larger quantities than other textiles.

“We’re falling behind in Massachusetts,” Richard MacKinnon Jr., president of the state’s IAFF chapter, the Professional Firefighters of Massachusetts, said Tuesday.

'Where the sun won’t shine'

MacKinnon said about a dozen states, including several in New England, have passed legislation that would either ban PFAS or require protective gear that contains them to be labeled.

The omnibus bill at the State House would tackle PFAS on a number of fronts, from costly measures aimed at protecting drinking water and consumers to a ban on turnout gear containing “intentionally added” PFAS by 2026.

Paul Jacques, legislative agent for the Professional Fire Fighters of Massachusetts, said the bill, if passed as written, would be the strongest in the country to address the gear issue, as it would also require labeling by 2025.

But a recent State House News Service story raised questions about whether the larger bill would pass by the end of the session, and the state’s two most powerful legislators did not answer questions on the topic posed to spokespeople.

After a number of firefighters, including MacKinnon, told the T&G they couldn’t see why the firefighting bill couldn’t be passed as a standalone bill should the omnibus bill fail, the T&G asked Mariano in an email for his position on that.

“The bill is under review,” spokesperson Ana Vivas responded via email, without clarifying which bill — the omnibus bill or the standalone bills — she was referencing.

Vivas did not respond to a request for a more substantive response. Cotter opined that the response was a disgrace.

“Speaker Mariano has quite the gall to share this nothing burger as our firefighters absorb the known carcinogen daily while sweltering in this gear,” she said, adding the speaker and Gov. Maura Healey — of whom she has also been critical — can take their “photo ops with firefighters and shove them where the sun won’t shine.”

Cotter has in the past criticized Healey as ignoring her pleas for action when she was attorney general, a time when union officials had yet to support Cotter’s advocacy. Cotter said Healey also hasn’t reached out to her as governor.

A spokesperson for Healey, in a statement that did not mention Cotter, said that she, as AG, “worked closely with firefighters unions and loved ones” during a process that led to her suing manufacturers of firefighting foam over PFAS that leached into drinking water.

The spokesperson, Karissa Hand, noted that Healey as governor has supported a state program to take back PFAS-containing firefighting foam and properly dispose of it, and provided funding for equipment and screening programs to protect firefighters from occupational cancer.

“She remains deeply committed to first responders’ safety, as they work to protect us all, and strongly supports legislation to phase out PFAS in firefighting gear,” Hand said.

Cotter called the response a “slap in the face” to her nine years of activism and an attempt to “sugarcoat” what she described as Healey’s sustained and politically motivated inaction.

Cotter charged that the statement about working closely with loved ones of firefighters was a lie, saying she emailed Healey’s office hundreds of times asking her to take on the issue of PFAS in turnout gear, to no avail.

Hand’s statement did not address a query as to whether Healey would support standalone legislation on PFAS in firefighting gear if the omnibus bill fails.

'They have to have our backs'

Jason Burns, a former union president for firefighters in Fall River, said he can’t understand why lawmakers have not been able to get the legislation passed for three sessions.

He said there doesn’t seem to be any serious opposition among lawmakers to the idea.

As MacKinnon noted at a recent legislative briefing on the topic, occupational cancer among the fire services is alarming; the IAFF says 72% of line-of-duty deaths among its members in 2023 were from occupational cancer.

Firefighters in Boston recently buried a 32-year-old firefighter with six years on the job from occupational cancer. Burns said Fall River has three firefighters out with occupational cancer. He said he just fielded a call this week from a retiree who has been diagnosed — a frequent occurrence.

“We signed up to run into burning buildings,” Burns said, but not to be potentially sickened by turnout gear. “They (lawmakers) have to have our backs.”

Burns, in the Ruffalo documentary, noted the anguish he felt upon discovering gear that was supposed to protect him could be sickening him.

“I’m being told that people in labs — labs — are not allowed to touch my gear unless they are appropriately protected,” he said, his voice cracking as he recalled how he used to drape his own children in it.

“Do you think I would have done that if I had (known that)?” he asked. “My God, no.”

Burns said lawmakers should split up the bills standalone if they can’t get the larger bill passed.

“To me, this is a simple ask,” he said. “We don’t want poisons in our gear.”

Sarah Blodgett, communications director for state Senate President Karen E. Spilka, did not return emails requesting comment.

Sponsors 'hopeful' on omnibus bill

Spokespeople for State Sen. Julian Cyr, D-Truro, and State Rep. Kate Hogan, D-Stow, the lead sponsors of the omnibus bill, did not directly answer an email query about whether standalone bills would be a possibility should the larger effort fail.

In a joint statement, the lawmakers said the study reported on by The Washington Post “confirms findings” discussed in a report they authored on PFAS in 2022 that PFAS “is absorbed by humans in multiple ways, including through personal care products.

“It is why the bill we filed specifies phasing out PFAS in cosmetics and other consumer products. We remain hopeful that our bill passes this session.”

State Sen. Michael O. Moore, D-Millbury, and Rep. James K. Hawkins, D-Attleboro, who've sponsored standalone bills banning PFAS from turnout gear, told the T&G they’d back firefighters if the union requested a standalone bill to be passed.

However, Moore did not appear optimistic that such a bid would work. Once bills like this get inserted into omnibus bills, that’s generally the preferred method of passage, he noted, and popular aspects of large bills — like helping firefighters — are often included to balance out less popular elements.

Moore said he was “very discouraged” that the firefighter legislation hasn’t passed. Last June, after the premiere of "Burned," he told the T&G he was “very confident” it would pass this session.

'National problem without a solution'

As the fate of legislation over turnout gear in Massachusetts is in limbo, so too is the larger question of what to replace it with, firefighters said.

While Cotter and the IAFF have been fighting the inclusion of PFAS in firefighting gear, chemical companies have pushed back on their concerns, and the National Fire Protection Association, which sets technical parameters manufacturers follow, has yet to remove a controversial standard that has led to PFAS still being included.

The IAFF has sued the association , accusing it of letting profit-driven industry concerns sway its judgment, allegations the association denies. With the standard still in place, fire union officials say there’s little incentive for gear manufacturers to come up with alternatives.

The IAFF is testing one set of gear advertised as PFAS-free, but there is not yet a widely accepted set of such gear ready for purchase, firefighters with whom the T&G spoke agreed.

“This is a national problem without a solution,” said Adam Roche, Worcester’s assistant fire chief.

Roche said the department will advocate to spend the millions that will be needed to buy PFAS-free gear, but hasn’t yet found a solution.

He said departments need to be sure the gear is actually PFAS-free and also that it suits their needs for standards such as breathability — the absence of which can pose acute health concerns.

Tom Bowes, head of the firefighters union in Quincy, said his city has been very supportive of its firefighters and understands the need to get PFAS-free gear.

But Bowes said despite hearing pitches from companies advertising such gear, firefighters there also aren’t confident that what’s on the market right now fits the bill.

Bowes said after Cotter’s work — “You’re home to the hero,” he remarked of Worcester — firefighters across the country who trusted manufacturers in the past are now much more wary.

Burns opined that, if more states banned the sale of gear containing PFAS, manufacturers would be forced to create alternatives.

He said he believes fire chiefs and administrators need to be more vocal about the issue with lawmakers, and not leave the advocacy, as they traditionally have done, to unions.

Bowes agreed that legislation seems to be the cleanest way to attack a problem he termed as probably the largest he’ll ever face in his career.

“I don’t know why the legislation hasn’t passed,” he said. “We go out and do our jobs, and all we ask is they have our backs.”

Litigation stalled

In addition to the legislative route, Cotter and other firefighters are pursuing legal remedies to address PFAS in gear.

Cotter’s husband, Paul, is one of dozens of cancer-stricken firefighters in Massachusetts who have sued gear makers alleging their products were the “proximate" cause of their disease.

So far, large corporations like 3M and DuPont have fought the suits and have continued to argue that fears over negative health impacts are unproven or overblown.

Tom Flanagin, senior director of product communications for the American Chemistry Council, a chemical company trade group, told the T&G in an email June 28 the council was still reviewing the most recent skin study.

“We support strong, science-based regulation of PFAS, but it is neither scientifically accurate nor appropriate to lump them all together as one class for the purposes of regulation or discussion of health effects,” he wrote, adding that the “mere presence of a chemistry is not an indication of risk or adverse effect.”

Flanagin wrote that the types of PFAS “in commerce” in present day “have been reviewed by regulators before introduction, are subject to ongoing review, and are supported by a robust body of health and safety data.”

McMillan, the IAFF science expert, said the chemical industry has routinely been proven wrong with its claims, and noted the most recent study found that replacement PFAS chains the companies touted as improvements actually have higher absorption rates.

Studies have shown firefighters have higher concentration of PFAS in their blood than the general population, but proving how the PFAS got there figures to be a lengthy and difficult process.

Lawsuits of firefighters suing over gear, including those in Massachusetts, are stalled as part of a huge pile of suits, called “multidistrict litigation,” ongoing in federal court in South Carolina.

As part of a recent order in those cases, the judge allowed plaintiffs suing over matters where science is still developing, which includes the Massachusetts firefighters, to voluntarily dismiss their cases but allow them to be reinstated within four years.

“This is a good thing since PFAS research is still in the relatively early stages of development for many cancers,” Elizabeth C. Pritzker, a lawyer representing Massachusetts firefighters, said in an email, adding that trends in research “suggest that many of the cases voluntarily dismissed now will be reinstated in the next few years.”

Pritzker’s law partner, Jonathan K. Levine, said the findings of the most recent study “provide powerful evidence that firefighter exposure to PFAS through (firefighting) foam and turnout gear is the result not only of inhalation and ingestion, but dermal exposure, and that shorter chain PFAS are not safer.”

Cotter has been trying to get Attorney General Andrea Campbell to join her husband’s lawsuit against chemical giants, and more than 100 lawmakers and state Auditor Diana DiZoglio have sent letters to Campbell requesting she do so.

Cotter was dismayed to receive a form letter from Campbell’s office declining to intervene; staff for Campbell told the T&G the letter was sent in error, and Cotter said she has recently received outreach from Campbell’s office.

New model?

Cotter said she now believes the most efficient course of action may be for Campbell and lawmakers to support legislation that would institute a tax on turnout-gear manufacturers that could go toward paying for replacement gear.

Cotter has long argued gear manufacturers should be investigated at the federal level for what she has called the “greatest deception ever.”

While no federal probe has been announced, U.S. Sen. Cory Booker, D-New Jersey, has proposed national legislation that would, similar to the 9/11 fund, place a tax on manufacturers that would pay out claims for firefighters diagnosed with diseases associated with PFAS.

The legislation, called the Firefighter PFAS Injury Compensation Act , would cover a number of cancers — including prostate cancer, which Paul Cotter and many other Worcester firefighters have contracted — and would give compensation of up to $1 million.

Kevin McKie, a lawyer with Environmental Litigation Group, an Alabama firm that has championed the legislation, told the T&G it would be a faster way to provide recovery than the courts.

Cotter said she’s hopeful she can drum up support for a similar act in Massachusetts — one she’d like to call the Lt. Paul E. Cotter PFAS Retribution Act.

“The same manufacturers who poisoned firefighters are now going to be rewarded when we purchase new gear,” Cotter said. “It’s a no-brainer to have a tax levy to recover those costs.”

This article originally appeared on Telegram & Gazette: 'Beyond disgraceful': Bill to protect firefighters from PFAS stalls in State House