HSE launches consultation over ‘forever chemicals’ firefighting restriction

The Health and Safety Executive (HSE) has proposed a restriction on any per- and polyfluoroalkyl substances (PFAS) being used in foam products used for firefighting after concluding that such use “presents a risk to the environment, and human health via the environment, that is not adequately controlled by measures already in place.”

It has now opened a consultation into the plans, which closes next February.

Katie Hancock, an expert in environmental litigation at Pinsent Masons, said: “The proposal is significant, in particular in relation to its blanket restriction on all PFAS placed on the market and used in the UK in FFF. Crucially, the HSE’s recommendation to include all PFAS in the restriction stems from its concern that identification of particular PFAS contained in FFF can be difficult. It is also to avoid the development of alternative, as yet unknown, PFAS substances, which may themselves create risk.”

“The proposal is also made in light of the fact that alternatives are said to exist. This is an important reminder. While there have been calls for a wider ban on all PFAS in the EU, which is under consideration at the moment, their use continues to be an essential element of many processes and for which there is currently no alternative. Decisions to prohibit products and substances should always be carefully considered and unforeseen consequences avoided. The solution should not create more risk,” she said.

The proposals were published as part of an HSE report (244-pages / 2.6MB PDF) released after consultation with the Department of the Environment, Food and Rural Affairs, and with the relevant authorities in Scotland and Wales.

PFAS are a class of around 10,000 fluorinated chemicals which occur in a variety of products, from healthcare to packaging and cleaning materials

Different chemicals have different purposes – such as making products resistant to oil, water, or heat – and are known to degrade very slowly, leading to the ‘forever chemicals’ tag.

Because of that persistence, and the HSE’s concern about consequent potential impact on the human body and the environment, the HSE is now consulting on plans for a restriction that encompasses the whole PFAS class as a constituent in FFF. The proposal is also based on the fact that alternatives are said to be “broadly available”. Sector and use-specific transition periods are proposed, with use in offshore and gas installations and certain major accident hazard sites allowed a 10-year transition period. Fire and Rescue services - excluding those attending major hazard sites – would have a proposed transitional period of 18 months.

Further consideration is to be given to setting a concentration limit for use. At the moment, the HSE favours a restriction for use where the concentration of total PFAS is greater than 50 mg/L.

“Stakeholders should consider the proposal and respond where they can,” said Hancock.

“They should also consider their FFF stock and where alternatives can be introduced now to ensure they are able to comply with the restrictions likely to be in place.”

The Risk Assessment and Socio- Economic Analysis committees of the European Chemicals Agency (ECHA) have been evaluating the proposal to restrict PFAS in the EU/EEA since 2023. They have recently published an update and projected timeline to deliver their final opinions to the European Commission, confirming that they expect to complete their scientific evaluation of the proposed EU-wide restriction on PFAS by the end of 2026. This will cover the use of PFAS in the 14 sectors originally covered by the proposal, as well as PFAS manufacturing and horizontal issues.