ERP - Environmental Risk Professionals

Mold

Mold growth may occur if new flooring is installed without adequately curing and drying underlying concrete or if exposed wood flooring materials get wet and are not adequately dried before installation. Existing mold can also be accidentally disturbed during removal and repair work. Exposure to mold spores can cause health hazards to third parties. Cleanup claims and third-party claims for bodily injury and property damage may result.

Accidental Spills and Leaks of Adhesives

Accidental spills and leaks of adhesives, sealants, solvents, and cleaners at the jobsite, location of storage, and during transportation may cause third-party exposures and cleanup. Some products are flammable and may result in a fire that spreads and releases other contained materials and produces hazardous vapors.

Volatilization of the Contaminants

Typical adhesives, sealants, and caulking used for installation contain solvents and certain carcinogens, such as ammonia-based compounds, alkylated benzenes, petroleum distillates, carbon black, titanium dioxide, benzoate derivatives, silica, siloxanes, and isocyanates. Volatilization of these contaminants into a building environment can expose third parties to harm.

Engineered Woods

Engineered woods and sheathing contain adhesives for binding wood fibers and maintaining structural properties. Sawing, planing, drilling, and other abrasive manipulation of engineered woods, sheathing, and hardwood materials generate airborne particles. These can impair air quality and expose persons to inhalable particles containing toxic chemicals, including formaldehyde, urea, phenols, melamine, isocyanates, urethanes, and organic allergens. If adequate ventilation is not present, dust can be suspended in the air and, under certain conditions, become explosive. Fires involving these materials can release toxic air emissions.

Crystalline Silica

Crystalline silica is one of the minerals in tile and natural stone. Construction processes performed during tile or stone flooring removal or installation include cutting, chipping, drilling, and grinding. These abrasive processes make silica respirable. Third parties can breathe in crystalline silica dust, and exposure can lead to respiratory illnesses, including lung cancer and silicosis, which in severe cases can be disabling or even fatal.

Dry Building Materials Removal

Removal of old floor tiles, carpeting, base wallboard, insulation, and other dry building materials can release dust containing many allergenic or disease-causing contaminant particles or substances, including applied pesticides, cyanides/cyanates, polycyclic aromatic hydrocarbons (PAHs), dioxins/furans, molds, drug manufacturing residues, biocides, asbestos, lead-based paint, and flame retardants. With improper containment of the workspace or improper cleanup, these particles can remain behind, enter HVAC systems, and even migrate into areas where work was not conducted, exposing property occupants.

Improper Disposal of Chemicals

Improper disposal of chemicals, cleaners, and solvents can lead to environmental tort liability and cleanup costs. Flooring contractors may inadvertently dispose of hazardous material improperly, such as asbestos in old flooring, which requires special disposal procedures.

Asbestos

Asbestos can be found in tiles and vinyl sheet flooring backing. Sanding, sawing, drilling, or tearing during repair or removal can disturb unidentified asbestos. Accidental disturbance can expose individuals to inhalable asbestos fibers that can cause serious health hazards or fatal diseases such as asbestosis, lung cancer, mesothelioma, and other cancers.

Claims Scenarios & Examples

Employees in an office building complained of headaches and dizziness one week after a new carpet was installed. The symptoms were attributed to off-gassing from the new carpet and carpet adhesives. The flooring contractor who installed the carpet could not prove that the carpet manufacturers were at fault; therefore, the contractor was held liable. The contractor’s claim against their general liability policy was denied because its pollution exclusion did not cover hazardous materials, such as formaldehyde or volatile organic compounds associated with the carpet and adhesive.

A flooring contractor was working on the first floor of a building and was sanding the hardwood floors. The contractor failed to properly set up dust control in the space, and dust migrated into the ventilation system. Workers throughout the building became sick from the dust and claimed they were exposed to nasal cancers. They sued for medical costs and ongoing medical monitoring. The building owner sued the contractor to recoup costs for removing dust from the ventilation system.

A contractor was hired to do a flooring removal and replacement project at a middle school. The contractor failed to test the floor mastic for asbestos before removal. It was later discovered that the mastic contained asbestos, and asbestos fibers had been spread throughout the building. The school district hired an abatement contractor to perform cleanup, and they sued the contractor to recoup their costs. The contractor also faced tort liability from the landfill where it disposed of the waste and was fined by the state’s Department of Environmental Quality for performing the work and mishandling the mastic.

A tiling contractor worked on a bathroom renovation project for several units at an apartment complex. The contractor used a sealant on the grout, which contained hydrocarbon-based chemicals. These chemicals were known to cause respiratory issues, but the contractor failed to provide adequate ventilation. Several residents began having severe symptoms, and twenty-eight required medical attention, some needing hospitalization. An environmental tort claim was filed.

During a renovation project for an older apartment building, the flooring subcontractor found old tile underneath the plywood subfloor. Some tiles underneath were disturbed when the subfloor was initially ripped up. They stopped the project to test and see if there was asbestos. The analysis found that the tile did have asbestos and the building had been contaminated. The project was again put on hold, and costs were incurred to bring out an asbestos abatement contractor to remediate the building.

When moving into their newly-built homes, families complained of a strong odor. It was explained to them it was a new home smell and not to worry. However, they began to experience symptoms such as burning eyes and headaches. It was discovered that the odor was from the floor joists off-gassing formaldehyde, which was used in a resin to help the product be more fire-resistant. About 2,200 homes nationwide were affected, and multiple claims and cross-claims were filed.

A contractor stripped and waxed the floors of an office lunchroom overnight. The next day, the fumes caused employees to have headaches and difficulty breathing, seven of whom had to be taken to the hospital.

Contractors

Flooring

Environmental Exposures May Include: