Jordan Cade: Disqualified by gender: Female firefighters in Washington state not covered under presumptive laws

The Federal Employees’ Compensation Act recently expanded presumptive coverage for firefighters to include female-specific cancers, yet these laws only apply to federal employees. From the total firefighting workforce in the U.S., women make up around 9%, while 11% of them work as volunteers and thus do not receive any coverage, even if they serve communities under federal services. Moreover, women firefighters who suffer from uterine and ovarian cancer are not considered under state legislation, despite various male-specific cancers being recognized under state presumptive coverage.

Across the U.S., only some states offer compensation in the event of disease for volunteers, and, where female-specific cancers are not explicitly mentioned by presumptive law, women are still required to file and defend a claim with their municipalities. Notably, exposure to toxins during firefighting service is a known occupational hazard in this profession, with many common toxic agents linked with the emergence of cancer in both genders.

Cancer coverage for female firefighters in Washington

Communities in the U.S. rely heavily on volunteer firefighters, with more than 65% of this workforce providing free services. In Washington state, of the 405 fire departments, almost 40% are entirely operated by volunteers, while 11% rely on career firefighters. As women make up a small portion of the firefighting force, recent data on the number of women working as firefighters in Washington state is unavailable; however, a 2003 study showed that more than 200 women firefighters were employed in Washington. Given that their presence in fire services has increased over the past decade, this number is likely higher today.

Section 51.32.185 of Washington’s presumptive coverage law includes certain types of cancer, such as breast and cervical, as an occupational hazard for firefighters, yet uterine and ovarian remain without coverage. Equally troubling is that the statute applies only to career firefighters, completely excluding the thousands of volunteer firefighters who make up the majority of fire service personnel in the state.

Currently, there is limited evidence on toxic exposure and women’s cancer, yet data that does exist warrants the expansion of these laws to include all types of malignancies that affect women firefighters. Without assurances of protection in the event of disease, women may continue to be steered away from this profession, increasing gender gaps and discouraging volunteer work in the service of local communities.

Toxic exposure and female firefighters’ cancer risks

Research focusing on female firefighters and cancer linked to toxic exposure is scarce. Presently, a large-scale cohort study is being developed to analyze cancer risk in this population, with publication expected within the next few years.

Although limited in terms of the number of studies published, data on cancer incidence in female firefighters shows a higher incidence of malignancies in this group compared to the general population. Moreover, in female firefighters, cancers seem to develop at much younger ages than what would be expected based on general population estimates.

A main concern in terms of cancer-causing toxic exposure for this group is per- and polyfluoroalkyl substances (PFAS), also known as forever chemicals, with consistent scientific literature documenting the disease-causing potential of these substances. PFAS are synthetic molecules that resist heat and moisture, making them ideal for protective firefighting equipment, albeit with severe health effects.

The PFAS content in turnout gear, as reported by the National Institute of Standards and Technology, is staggering, with 2000 micrograms per kilogram. For reference, the Environmental Protection Agency will enforce a maximum limit of PFAS content in drinking water of 4 parts per trillion in 2029, with an explicit mention that the safe level of exposure is zero. Studies conducted on firefighters measuring PFAS in their blood report that this category has alarmingly high rates of these toxic chemicals in their bodies, with an increased risk for disease.

Considering these aspects, and the fact that women firefighters are exposed daily to substantial amounts of PFAS, irrespective of their employment status in this workforce, including female-specific cancers under presumptive coverage is essential to recognizing the efforts and sacrifices made by these people to protect their communities.

Lawmakers in Washington must therefore act now to close these unjust compensation gaps and expand presumptive coverage to include all women’s cancers and ensure equal protection for every firefighter.

Jordan Cade is a PFAS exposure attorney with Environmental Litigation Group, P.C., in Birmingham, Alabama, providing legal representation to individuals affected by occupational and environmental toxic exposure.