Contractors

Disinfection Services

Disinfection service providers utilize specialized equipment and chemicals to clean and sanitize surfaces and air duct systems in structures such as office buildings, airports, airplanes, doctor and dentist offices, schools, fitness centers, health facilities, food processing facilities, child care centers, and retail stores. They may also respond to emergencies, such as the treatment of locations subject to exposure to infectious diseases. Using specialized equipment, like foggers, misting systems, sprayer systems, and vacuums, can pose environmental risk liability. Accidents or leaks of collected contaminated wastewater can pollute sites or migrate into water systems. Concentrated disinfection chemicals can leave a residue on hard surfaces that may impact third parties. Leaks or releases of these chemicals can enter floor drains and eventually flow into sanitary sewers damaging the downstream wastewater treatment plant. Transportation and disposal of used disinfection chemicals can also pose an environmental liability for disinfection service providers.

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Chemicals and Disinfectants

A variety of chemicals are used to clean and disinfect contaminated sites, including quaternary ammonium compounds, substituted and neat phenols, peroxides, hypochlorites (bleach), glutaraldehyde, iodophors, and ozone, and they can be toxic if not properly applied. Even “natural” botanical disinfectants and deodorizers (e.g., thymol) are toxic at certain concentrations. Chemicals used at improper application rates or concentrations, combined with other chemicals or with incorrect delivery systems, can cause residues and toxic fumes to remain in the building, impacting human health by direct surface contact and inhalation.

Remediation Equipment Management

Improper use of disinfection equipment, including ozone machines, foggers, and industrial-strength deodorizers, can spread contamination to uninfected areas or leave behind hazardous residues that can impact building occupants when they return.

Hazardous Waste Management and Disposal

Used personal protective equipment (PPE), high-efficiency particulate air (HEPA) filters, or washing fluids may be considered special or hazardous waste when discarded and require proper transporting and disposal procedures. Other potentially hazardous waste can include cleaning fluids, wastewater, and used chemical containers. Improper manifesting and disposal of wastes, including hazardous materials, may result in environmental cleanup and third-party liability, and there may be legal consequences for violating hazardous waste requirements.

Chemical Storage

Stored stock supplies, including chemicals used to clean and disinfect sites, are often in concentrated form. Container leaks of incompatible or reactive materials may cause a release of gas or fumes (such as hydrogen chloride or ammonia) or generate enough heat for the combustion of nearby combustible/flammable materials that leads to fire at the storage facility. The fire could cause the release of potentially hazardous toxins, toxic fumes, and smoke into the air causing third-party injury. Firefighting solutions such as water and foam could create contaminated run-off that spreads to nearby storm drains or properties, resulting in environmental cleanup and tort liability.

Chemical Transportation

Transportation of disinfection chemicals to and from sites can lead to environmental exposure. Chemical storage container breaches, leaks and spills, and loading and unloading could create cleanup liability or run-off that can cause ground and surface water contamination.

Wash Water Management

Improper management, storage, and disposal of untreated wash water generated from cleaning disinfection equipment and personal protective equipment can lead to unauthorized discharges into the sanitary sewer system, potentially contaminating and damaging the downstream wastewater treatment plant.

UVC Radiation

Ultraviolet light, known as UVC radiation, has been used for years as a disinfectant for air, water, and non-porous surfaces such as countertops, examination tables, and bathroom fixtures. UVC radiation is used to reduce the spread of bacteria, and as such, UVC lamps are called germicidal lamps. The safest method of employing UVC radiation is inside air ducts to disinfect air because direct UVC exposure to human skin or eyes may cause injuries, such as skin and eye burns. Overexposure to UVC radiation administered by a disinfection service company could lead to bodily injury claims.

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

First-party emergency response costs

Mold, legionella, bacteria, fungi, and viruses

Medical, infectious, and pathological waste

Sudden and accidental coverage for owned/leased locations

First and third-party transportation pollution liability

Loading and unloading

Non-owned disposal sites

Defense of third-party claims

Natural Resource Damage

A combined Commercial General Liability, Contractors Pollution Liability, and Professional Liability package policy may be available. Worker’s Comp & Auto may be offered.

Claims Scenarios & Examples

Due to a bird flu outbreak, a large egg farm was forced to kill millions of its chickens. Several companies were hired to disinfect the chicken barns. However, the egg farm alleged that the chlorine gas and heat treatments used to kill the barn virus also destroyed the farm equipment, electrical wiring, production equipment, and water lines. The farm sued the disinfection companies alleging that the structural integrity of the barns was also diminished through the process. The farm sought repair costs, interest, late charges, and defense costs.

A disinfection company was en route to a jobsite and had various large containers of concentrated cleaning chemicals in the back of their van. The van had a rollover accident that caused a spill of cleaning chemicals onto the roadway and adjacent soil. Emergency response personnel responded and cleaned up the release. The disinfection company was liable for the cleanup costs.

A disinfection service provider was hired to clean an office building daily. The building housed several doctors’ offices. After cleaning, several healthcare workers in the building began to suffer from nasal problems, respiratory irritation, headaches, and burning of the eyes, nose, and throat, among other health problems. The employees alleged the cause to be a chemical used by the cleaning crews known to cause asthma. The employees sued the disinfection company and the chemical manufacturer for bodily injury.

An office building hired a disinfection service to clean the building daily during the COVID-19 pandemic. Employees in the building began complaining of memory loss, headaches, nausea, and mood swings, among other health complications. These symptoms were found to be from the overuse of disinfectants in cleaning the building. The building employees sued the disinfection service provider for bodily injury.