ERP - Environmental Risk Professionals

Mold Growth from Leaks

Plumbing contractors can face a range of environmental exposures from installation and repair work. Work on water and sewer systems can lead to the growth and spread of mold, fungus, and bacteria such as legionella. Additionally, plumbing issues can release sewage and sewer gases from waste piping. Materials such as adhesives, caulking, and solder flux can create toxic fumes that could harm third parties. Piping materials can contain lead or organic contaminants, which can leach into the fluids running through them and create hazards to third parties. Additional liability can result from the transport and disposal of chemicals and wastes.

Legionella in Water Systems

Legionella is a bacterium that causes a form of potentially fatal pneumonia. Legionella can thrive in water-containing systems such as air conditioning, industrial water heating and water-cooling systems, safety shower and eyewash stations, pools, spas, water features, potable water plumbing, and industrial process lines. These pollutants can potentially lead to claims of severe bodily injury or high remediation costs, and plumbing contractors can be held liable if their work contributed to legionella growth.

Toxic Adhesives, Sealants & Caulks

Typical adhesives, sealants, and caulking used for installations contain pollutants such as ammonia-based compounds, alkylated benzenes, petroleum distillates, carbon black, titanium dioxide, glycols, benzoate derivatives, silica, siloxanes, naphthas, and isocyanates. These substances can volatilize during use and be inhaled by building occupants, which can cause third-party bodily injury.

Metal Fumes & Explosive Hazards from Soldering

During soldering, brazing, and welding, metal fumes are produced and released into the air, and third parties could be exposed to these fumes. Additionally, compressed welding gases, solvents, and other chemicals used by plumbers may be flammable and explosive. Leaks in cylinders, valves, or malfunctioning regulators may result in a fire or explosion at a jobsite. Fires and explosions can generate smoke and toxic fumes that impact third parties, and firefighting water or foam could create contaminated run-off.

Hazardous Waste from Jobsite Materials

Generated wastes, such as spent chemicals, solvents, cleaners, and jobsite waste, which may contain asbestos and lead, may be considered hazardous and require special disposal procedures. Contractors are responsible for determining if their wastes are considered hazardous, and improper disposal can lead to environmental tort liability and cleanup costs.

Acidic Cleaning Chemicals

Cleaners or scale removal chemicals contain one or more acids, such as sulfamic, phosphoric, or hydrochloric acid formulations, with/without surfactants or bacteriostatic agents. Fumes from these chemicals can be corrosive, toxic, or irritating. Improper storage or handling of these chemicals could result in accidental contact with incompatible materials, such as alkali materials, and result in a violent reaction, corrosive damage, or release of toxic vapors.

Chemical Spills During Storage, Transport & Use

Accidental spills and leaks of chemicals, cleaners, solvents, and adhesives at the storage location, during transportation, and at the jobsite may cause additional exposures and cleanup.

Sewer Gas & Sewage Contamination

Leaks in sewer lines may result in the migration of sewer gases into living/work areas and utility conduits. Hydrogen sulfide in gases can cause odor issues, which may be considered a pollution condition. Additionally, plumbing breaks or gaps can cause sewage leaks, and pathogens contained in sewage may infiltrate nearby subsurface utilities and drinking water wells. Persons exposed to sewer pathogens may contract hepatitis, dysentery, tetanus, cholera, or parasite infection.

VOCs, Lead & Chemical Leaching from Pipes

Volatile organic compounds (VOCs), lead, and other constituents may leach from piping, solder fluxes, sealants, pipe adhesives, pastes, etc., into fluids circulating through the pipes, causing potential harm to third parties. Some piping products can also off-gas VOCs and cause odors, which can result in third-party claims.

Mercury Spills from Regulators & Manometers

Plumbing contractors may replace mercury-containing gas regulators or use mercury-containing manometers to test natural gas lines, which could cause a mercury spill. When spilled, Mercury forms a toxic vapor, and third parties can be exposed. Cleanup and third-party bodily injury and property damage claims can result.

Disturbance of Asbestos, Lead, PCBs, or Mold

Accidental disturbance of existing asbestos, lead-based paint, PCBs, or mold during installation, repair, or renovation work could release hazardous particulates that cause serious health hazards and require environmental cleanup.

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

First and third-party transportation pollution liability

Loading and unloading

Non-owned disposal sites

Mold, legionella, bacteria, and fungi

Lead and asbestos

Claims Scenarios & Examples

After completing routine finish work, a plumbing contractor dumped toluene-containing sealants and solvents in an enclosed dumpster. Because of the confined area, the dumpster trapped the toluene fumes, lowering the oxygen level. Two children climbed into the dumpster for unknown reasons and were killed by the fumes. Because of the improper disposal of the toluene, the contractor was found liable and faced a large claim.

An elderly couple hired a plumbing contractor to replace the water heater at their home. The plumber completed the job but did not correctly reconnect the natural gas line to the water heater. The couple died from asphyxiation when natural gas leaked into their bedroom. Their heirs and estate filed a lawsuit against the plumber for $3 million, claiming negligence.

While a plumbing contractor was replacing a gas regulator in a home, mercury was spilled on the basement floor. The contractor did not properly clean up the mercury, and mercury vapor filled the house, contaminating the homeowner’s furnishings and clothing. The contractor had to cover the cleanup and replacement costs of the contaminated items.

A General Contractor hired a subcontractor to perform plumbing work at a commercial building. During the work, the plumber did not properly install a hose connection, which resulted in water leaking behind a wall. An investigation later found mold had grown behind the wall, resulting in significant remediation costs and third-party property damage.

A plumbing contractor was installing a lawn sprinkler system but did not install adequate vacuum breakers on the discharge side of the water supply valves. Because of this, the back-siphoning of stagnant water from the system eventually ran into a drinking water supply on the same water main. Several people received drinking water from the water supply and contracted dysentery. Suits were filed alleging bodily injury, and costs were incurred to investigate the issue, purge the system, and provide temporary clean water.

A plumbing company was sued after installing plumbing for a home renovation. The homeowners claimed that the plumbing company improperly installed the kitchen sink drain and water lines and did not properly brace the sink drain pipes. Over several years, the drain pipes and water lines leaked into the home and support beams in the crawl space, resulting in mold and fungus growth, which caused serious health issues for the homeowners. The lawsuit sought more than $50,000 in damages for alleged negligence.

A plumbing contractor was in charge of a sewer rehabilitation project. While the trench was excavated, a backhoe hit a natural gas line, causing a fire and explosion that damaged several buildings and injured several people. The contractor was faced with third-party bodily injury and property damage claims.

A plumbing contractor was working on a sewage installation project and improperly tied in the piping. As a result, raw sewage ran into the nearby groundwater, contaminating residential wells. The residential community filed claims against the contractor for property damage and bodily injury.

Three families sued a plumbing company for personal injury and property damage. The families claimed that the company was negligent in sewer line repair work, which caused sediments from an adjacent contaminated site to migrate onto their properties. The families also claimed that the company spread the contamination further with the negligent pressure washing of the roadways and storm drains. The families sought punitive damages, remediation, and medical monitoring expenses as part of the lawsuit.

Several tenants of an office building were hospitalized with pneumonia-like symptoms. An investigation found Legionella in parts of the building’s plumbing system, including the gym showers. Several tenants filed a claim against the building owner, alleging that they had contracted legionellosis (a respiratory illness from legionella bacteria). The building owner subrogated against the plumbing contractor who recently installed the plumbing system for the gym. Bodily injury and cleanup costs surpassed $750,000.

Contractors

Plumbing

Environmental Exposures May Include: