What every business leader must know about 'forever chemicals': Emma Reilly
If someone asked whether your business uses PFAS, would you know the answer? If the answer is no, you’re not alone. But as regulatory scrutiny increases, it’s a question organisations can no longer afford to avoid.
Also known as ‘forever chemicals’, PFAS have been used across industry, manufacturing and agriculture for decades and are present in everything from packaging, adhesives and certain pesticides, to electronics, firefighting foams and textiles. The problem with PFAS is that they don’t naturally break down in the environment. Instead, they accumulate in soil, water and living organisms and, in most cases, are impossible to remove via remediation treatments. There are thousands of different PFAS, some of which are considered inert, but many are linked to significant health risks such as cancer, ulcerative colitis, foetal and child development issues, decreased immunity and thyroid disease.
As understanding of the environmental and health impacts of PFAS has grown, governments around the world have begun tightening controls on their use. The UK now appears to be following suit. Earlier this year the Government published its
PFAS Plan, its strategy for understanding, managing and restricting the use of these substances in the years ahead.
But organisations mustn’t assume that regulation will only affect the manufacturing and agricultural industries. PFAS are in thousands of products and industrial applications and businesses across a wide range of sectors may be using them, or be exposed to them, without even knowing.
That’s why it is important for businesses to take stock now, to build a clear picture of where PFAS could feature within their operations and supply chain. They need to look at raw materials, packaging, maintenance products, waste streams and emissions to identify whether PFAS are present, identify which are used, where they
are being used and if necessary, whether suitable alternatives exist, as well as asking suppliers whether PFAS are present in their goods and whether alternatives are available.
PFAS can migrate through groundwater and surface water, meaning contamination is not necessarily confined to the site where it originated. Businesses could find themselves faced with contamination issues resulting from activities carried out years ago, by previous owners or by neighbouring landowners.
Businesses need to act now, to ascertain if they have any PFAS exposure, assess alternatives when necessary and make informed decisions before regulation tightens, rather than being forced to react once restrictions are introduced. Waiting for legislation to set in and force action will only make identifying and managing those risks harder. If PFAS are present, depending on how future regulations develop, businesses could find themselves faced with contaminated land liabilities, product liability claims, environmental permitting issues and, perhaps in some cases, claims from employees who have suffered illness following workplace exposure. The presence of PFAS could also complicate property transactions, reduce the availability of environmental insurance and increase the level of environmental due diligence required during mergers and acquisitions. PFAS regulation may feel like something that’s happening way down the line but in reality, it is just around the corner.
Emma Reilly is a Solicitor specialising in environmental law at law firm Schofield Sweeney.