ERP - Environmental Risk Professionals

Crystalline Silica

Board and joint compounds contain respirable crystalline silica naturally occurring in gypsum ores. Dry particles are released into breathable dust during installation, demolition, remodeling, and sanding. Drywall dust contains crystalline silica and mica, which have been named hazardous materials by OSHA. Both silica and mica are found in the joint compound mud that fills the nail heads and seams that hold the drywall in place. Third parties can breathe in hazardous crystalline silica dust, which can cause eye, nose, throat, and respiratory tract irritation. It has been classified as a human lung carcinogen. Silica exposure can lead to lung injuries, including lung cancer and silicosis, which, in severe cases, can be disabling or even fatal.

Mold

Drywall is extremely vulnerable to moisture due to its gypsum content. Drywall is favorable for mold growth because it absorbs moisture that activates mold spores, and drywall paper backing provides cellulose, a food that nourishes active growing mold. Drywall boards may be exposed to and acquire moisture while stored at the jobsite before installation. It can also form by condensation trapped within the plastic shipping bags or shrink wrap during shipment, encountering weather changes, or if it is improperly protected from the elements at any point during handling and storage. Mold can spread rapidly and often grows unnoticed beneath the surface. It is a major contributor to property damage, asthma, allergies, and pulmonary diseases.

Water Intrusion

Mold conditions can result from drywall installation. Closing up wall cavities with moisture present or installing drywall before completion of the building envelope or “dry in” process can trap moisture allowing mold to grow within a few days. The building envelope, including the roof, exterior siding, and windows, should be sealed tight. If any moisture was present during the construction process from weather or wet operations, a dehumidification process should be undertaken before drywall installation. Moisture conditions can also be created if piping is punctured during installation.

Asbestos

The removal of existing drywall during repair or renovation can disturb existing asbestos. Asbestos can be disturbed in wall cavities, around wiring, and in electrical motors, and it can cause an airborne release of inhalable fibers that can result in serious health hazards or fatal diseases such as asbestosis, lung cancer, mesothelioma, and other cancers.

Mold Spore Dispersal

Removing existing drywall during repair or renovation can also disturb the existing mold if present. Mold or mold spores can be found where water intrusion has occurred. It can be encountered in non-visible areas such as insulation materials, attics/roofs, behind wallboard, and piping/duct runs. When mold-impacted areas are disturbed, small spores and fragments are readily released. Without proper containment and cleanup, these mold particles can disperse further and expose building occupants to health hazards.

Leachate Run-off

Board stockpiles that sustain water damage from rain or fire sprinkler systems can contain significant contamination in the run-off water. When water contacts and flows over or through the debris pile or stockpile, the leachate generated may contain sulfuric and sometimes boric acids. If contaminated, run-off water can impact soil and groundwater, enter storm drainage systems, and potentially discharge to surface water, creating environmental liability. If the work site has a construction National Pollutant Discharge Elimination System (NPDES) permit, failure to capture this run-off may result in a permit violation.

Waste Management

Hazardous waste that is not properly segregated may accidentally get mixed with non-hazardous waste and improperly disposed of. When an investigation for improper disposal occurs at a disposal facility, it can result in potential liability for all parties that manifested waste to the facility. Waste container breaches or improper handling of hazardous waste may also result in releases during loading and unloading operations and transportation to and from the jobsite to the disposal facility.

Contractors Pollution Liability Can Provide Coverage For

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

Mold, legionella, bacteria, and fungi

Sudden and accidental coverage for owned/leased locations

First and third-party transportation pollution liability

Loading and unloading

First-party emergency response costs

Non-owned disposal sites

Defense of third-party claims

Lead and asbestos

Natural resource damage

Claims Scenarios & Examples

An office was being renovated, and tenants complained of silica and silica dust being released from the drywall mud sanding from the renovation. The surfaces and office ventilation system were tested, and traces of silica were found.

A contractor was hanging new drywall during a construction project when an employee accidentally and unknowingly drilled through a small water pipe behind the wall, causing a leak. Because no one noticed the leak, a substantial amount of mold grew between the walls. The drywall contractor was held responsible for the mold’s cleanup and the defense of third-party bodily injury claims.

After framing a new home and installing the HVAC system, the drywall contractor ran the HVAC system while they were working. Thick white dust from installation, mudding, and sanding of the drywall collected throughout the HVAC system and ducts. The dust damaged the system and reduced its efficiency. When the new owner moved in and operated the HVAC system, they noticed a constant coating of dust drifting into the home and covering all their furniture. They contacted the HVAC contractor, who checked the system and found it full of sheetrock dust and other contaminants. The homeowner went after the builder and contractors responsible for the issue.

A drywall contractor was transporting hundreds of buckets of drywall compound when the truck lost control and spilled around 100 buckets onto the road. The road was closed for several hours, and a contractor had to be brought in to clean up the spill.

After completing a condominium complex, complaints arose of eye problems, sore throats, coughs, nausea, fatigue, shortness of breath, fluid in the lungs, and neurological harm from the residents. These health issues were from sulfur compounds and other chemicals from defective drywall used in building the units, which also caused damage to personal property, including air conditioning units, refrigerators, faucets, electrical wires, and more. The general contractor and subcontractors who worked on the project were brought into a class action lawsuit, along with the drywall manufacturer.

A drywall contractor replaced the popcorn ceiling in a single-family home. The homeowners became concerned with all the dust that resulted from the renovation and had the dust tested for asbestos. The results came back positive, and the homeowners had to hire an asbestos abatement contractor to clean it up and replace the carpets. The homeowners sued the drywall contractor for failing to test for asbestos before beginning the work. They sought reimbursement costs for the asbestos abatement, replacement of the carpet, and other personal items, along with annoyance and inconvenience damages.

A couple could not stay home after they discovered the drywall in their home was making them sick. The domestically-made drywall was similar to that made abroad, creating noxious odors. This drywall caused a sulfur odor to fill the home, and respiratory problems, kidney and heart issues, etc., were becoming a reality. The homeowners sued the builder, wallboard contractor, and drywall installer.

Contractors

Drywall

Environmental Exposures May Include: