ERP - Environmental Risk Professionals

Toxic Chemicals in Paint Products

Painting contractors face many environmental exposures. Many products, such as paints, enamels, chemical strippers, and rust removers, can contain hazardous chemicals, toxic metals, and solvents. Fumes from these products can create hazardous air emissions that impact third parties. Spills or leaks during storage or transport can lead to cleanup liability. Surface preparation or paint removal can generate dust and wastewater or inadvertently disturb the structure’s existing lead-based paint or asbestos. Materials such as paint products, soaked rags, and jobsite waste or wastewater may be hazardous and require special handling and disposal.

Health Effects of Paint Exposure

Exposure to paint may irritate or burn the eyes, nose, throat, and skin and cause reactions such as headaches, dizziness, or nausea. Volatile Organic Compounds (VOCs) and exposure to some of the elements in paint, even for a short period, can cause severe and lasting impacts, such as kidney or liver damage or respiratory problems. Substances found in some oil-based paint, such as formaldehyde and benzene, are carcinogenic, while others, such as heavy metals and phthalates, are human and ecosystem toxins.

Air Emissions, VOCs & Overspray

Painting and surface preparation can create hazardous air emissions and release fumes that can cause third-party bodily injury liability. Hazardous components from paint materials can include metals such as lead and chromium and solvents and VOCs. The most important environmental impact of paints is the release of VOCs during the drying process after the coating is applied. Volatile chemicals off-gassing indoors can enter the HVAC system and impact occupants throughout a building. Using aerosols and spray paints can also lead to third-party liability exposure from overspray or spray drift.

Spills, Leaks, and Wastewater Handling

Accidental spills and leaks of materials such as paints, sealants, solvents, and lacquers at the location of storage, at a jobsite, or during transportation or loading and unloading could contaminate soil and groundwater or run-off into stormwater systems. This can lead to third-party liability and cleanup liability. Wastewater from equipment washing can also lead to a release or spill if not properly contained or handled.

Dust & Lead/Asbestos Disturbance

Sanding, needle gunning, or abrasive blasting of surfaces can create harmful dust or dislodge pollutant particles into the air. Surface preparation may disturb existing lead-based paint or asbestos-containing materials and release inhalable particulates or fibers. Failure to properly assess the materials or contain the area could expose third parties to hazardous air emissions.

Wastewater & Paint Chip Contamination

Paint removal by water blasting to residential, commercial, or industrial structures requires proper containment systems to capture the resulting wastewater. Improperly contained wastewater has the potential to contaminate soil, groundwater, and surface water. Paint chips and other solid debris should be separated from the wastewater, collected, and properly managed.

Lead-Based Paint Releases & Heavy Metals

Housing built before 1978 may have lead-based paint (LBP) under more recently applied paint layers. This paint may be dislodged, and lead particulates may be released into the surrounding environment during the removal, repair, or cleaning of painted building materials. Even accidental releases may occur during targeted abatement. Although LBP has been discontinued for general consumer use, lead, cadmium, and chromium-based paints continue to be available at commercial/industrial sites. Additional pollution risks and exposures may be present at these work sites, and failure to adhere to protocols for heavy metal particulate containment, waste handling, and disposal can increase risk exposure.

Improper Disposal of Hazardous Waste

Improper disposal of wastes can lead to off-site soil and groundwater contamination and environmental tort liability. Materials such as discarded paint products, non-empty aerosol cans, solvent-soaked rags, and wastewater from equipment washing or water blasting can be classified as hazardous waste and require special disposal procedures. Jobsite waste can also be hazardous if it contains asbestos or lead-based paint. Businesses are required to determine whether the waste they generate is hazardous. Unlabeled or mislabeled containers can contribute to improper handling and disposal.

Contracting operations completed “by or on behalf of” the insured

Contracting operations performed at a jobsite

Third-party claims for bodily injury and property damage

Third-party claims for cleanup

Defense of third-party claims

Natural resource damage

First-party emergency response costs

Sudden and accidental coverage for owned/leased locations

Mold, legionella, bacteria, and fungi

First and third-party transportation pollution liability

Loading and unloading

Non-owned disposal sites

Lead and asbestos

Claims Scenarios & Examples

A contractor was hired to paint the inside of a nursing home. Several residents sued the contractor before the work was complete, alleging that the area was not properly vented and that they were overcome with fumes. The claim exceeded $200,000.

A painting contractor was removing lead-based paint on a bridge when the residents of a home underneath it alleged that the paint removal work was dropping lead-based paint on their property. The residents filed a lawsuit, claiming bodily injury and a diminution of property value.

A contractor was hired to repaint a dealership and used brushes and rollers to complete most of the work. To save time at the end of the work, the contractor sprayed epoxy on a small area inside a service bay. Workers lifted the bay door slightly to help vent the fumes. The opening created a wind tunnel, and epoxy was blown throughout the property, where 350 new and used cars were parked.

A painting contractor saved empty paint cans and gave them to a third party who stored them outside for metal recycling. While in storage, the cans began to leak the residual latex paint onto the ground, which sloped into the city’s storm sewer. Following a rain storm, the situation worsened as the water-soluble paint contaminated the stormwater run-off, which entered the storm sewer. The city sued the contractor for cleanup costs.

The vehicle of a road painting crew overturned while transporting paint, spilling hundreds of gallons of the paint. The paint flowed into a nearby creek. Hazmat crews arrived on the scene and tried to limit the damage to natural resources and aquatic life.

A painting contractor accidentally spilled a tote containing fluorosilicic acid while moving it on a jobsite, resulting in cleanup costs and property damage. The General Contractor also faced a loss due to the construction delay.

When a bridge was prepped and painted with a protective coating, cars, buildings, and large nearby yachts were hit with coating spray and sandblasting particulates. During surface prep, the lead-based paint also landed in the river. The painting contractor faced claims in the tens of millions of dollars.

A truck carrying 400 gallons of paint was heading to a paint job when a car swerved in front of it, causing it to crash into a utility pole and fall into a lake. The hazmat crews tried to mitigate the leak as much as possible, but it was uncertain how much paint was released into the lake. An environmental cleanup company had to be hired to clear out the waste in the lake.

A contractor was working on a residential building. The contractor removed the paint with a solvent but disposed of these materials improperly on-site. This caused a toxic vapor to be released and affected various parties and their health. A class action lawsuit was filed against the contractor for bodily injury caused by toxic vapor inhalation.

A painting company was hired as part of a post office renovation project. During the painting, 10 post office workers became sick and had to go to the hospital due to the toxic fumes, 25 others were treated on the scene by first responders for respiratory problems, and 400 others in the building were affected. The painters claimed they didn’t want to use the hazardous paint and asked the architect if they could use something else instead. The architect told them to use the paint anyway.

An apartment building constructed in the 1970s was undergoing renovation. A child living in one of the apartments was diagnosed with lead poisoning, allegedly due to the unsafe working conditions of the painting contractor. The child’s parents filed a bodily injury claim against the contractor, who was held liable for the lead poisoning.

A resort hired a contractor to complete a remodeling project. While moving a pallet of buckets of paint thinner with a forklift, the pallet fell onto the street and spilled about 150 gallons of paint thinner. The resort and the immediate area surrounding the resort were forced to evacuate. The resort owner filed business interruption and cleanup claims against the contractor.

A contractor was hired to paint a water tank at a farm. After the work was completed, the farm found that their produce was covered with paint flakes from the over-spray of the painting project. The damage to the product resulted in losses and extensive cleanup.

Contractors

Painting

Environmental Exposures May Include: