By: Emergency Technical Decon Team
Fire departments are under increasing pressure to prioritize firefighter health—not just for safety’s sake but to stay ahead of rising legal and financial risks. As awareness of PFAS exposure, cancer rates, and chemical contamination grows, so does the expectation that departments take appropriate, science-backed steps to protect their personnel.
Nowhere is this pressure more visible than in the realm of legal liability and insurance. Departments that fail to implement adequate PPE decontamination procedures may face an uphill battle with rising premiums, injury claims, and potential lawsuits. And as regulatory standards continue to evolve, agencies that don’t keep up may find themselves both legally exposed and financially burdened.
When Poor Maintenance Becomes a Liability
Every firefighter knows the importance of clean gear—but inadequate or infrequent decontamination isn’t just a hygiene issue. It can be viewed as a failure to provide a safe working environment—a central concern in workplace injury and liability cases.
Here’s how poor PPE maintenance can expose departments to risk:
Increased workers’ compensation claims
Occupational cancer is already the leading cause of firefighter line-of-duty deaths. When exposure is linked to contaminated gear, departments can face costly claims—especially if it’s shown that cleaning protocols were outdated or inconsistently followed.
Lawsuits tied to preventable exposure
Families of firefighters affected by PFAS-related illnesses have begun to pursue legal action against gear manufacturers—and in some cases, employers. Without documented cleaning practices and proactive measures, departments may find themselves named in litigation for negligence or failure to protect employees.
Insurance premium hikes or policy challenges
Insurers are beginning to respond to PFAS-related claims across multiple industries, not just fire service. Fire departments without up-to-date, verifiable cleaning practices could be flagged as higher-risk clients, leading to increased premiums or even denial of coverage.
Regulatory non-compliance
With PFAS now designated as a hazardous substance under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), failure to prevent these contaminants from entering the wastewater system—such as through traditional water-based gear cleaning—can result in environmental fines or enforcement action.
Why Routine Decontamination Is a Legal Safeguard
Fire departments that take PPE maintenance seriously don’t just protect their crews—they strengthen their position in the face of legal scrutiny. Routine, scientifically validated decontamination serves as both a risk mitigation strategy and a documented standard of care.
Liquid CO2+ cleaning offers one of the most effective options for reducing exposure related to toxic turnout gear. Independent testing has shown that ETD’s process removes:
84% of PFAS
99.9% of SVOCs (semi-volatile organic compounds)
99.8% of heavy metals
99.9999% of biological contaminants
This process requires no water, produces no hazardous wastewater, and preserves the protective qualities of gear—helping departments avoid the performance loss that can trigger early replacement or liability after a PPE failure.
How to Protect Your Department from Legal and Insurance Risk
Adopt a documented PPE cleaning schedule
Develop SOPs based on NFPA 1851 or the upcoming NFPA 1850 standard, and ensure turnout gear is cleaned after high-risk calls and on a routine basis.
Use technology backed by data
Opt for cleaning methods that provide verifiable contaminant removal, like liquid CO2+ systems. These proven methods can support workers’ comp claims or defense in legal proceedings.
Avoid practices that result in hazardous waste
Traditional washing systems may result in contaminated water runoff. Liquid CO2+ systems are closed-loop and compliant with PFAS regulations.
Train crews and track gear history
Ensure firefighters understand decon procedures and maintain records of cleaning frequency, exposure incidents, and gear lifecycle data.
Stay informed on policy and legal developments
State-level cancer presumptive laws, EPA PFAS rulings, and insurance policy shifts are constantly evolving. Departments that monitor and adapt to these changes are better positioned to respond.
Staying Ahead of the Curve
The health risks of firefighting are becoming more and more apparent, and the consequences continue to grow. Departments that fail to address the growing legal and financial risks of poor gear maintenance put both their firefighters and their budgets at risk.
At ETD, we help departments get ahead of the problem. Our liquid CO2+ cleaning system doesn’t just remove dangerous toxins—it helps agencies meet compliance standards, extend gear life, and demonstrate a strong duty of care in today’s risk-aware landscape.
For departments ready to future-proof their operations and reduce legal exposure, contact ETD today or visit www.etdecon.com to learn more.
