ERP - Environmental Risk Professionals

Mold

Mold, fungi, and other microbial matter can grow and disperse in a facility due to several sources, including leaks or flooding from plumbing, sewer, HVAC, or fire sprinkler systems, poor ventilation, insufficient humidity or condensation controls, and intrusion of stormwater into the building. Mold exposure may pose severe health hazards to building occupants and can absorb into building materials creating cleanup liability.

Legionella

Legionella is a bacterium that causes a form of potentially fatal pneumonia. Legionella can thrive in water-containing systems like air conditioning, heating and cooling systems, safety shower and eyewash stations, and potable water plumbing. It can accumulate in warm, stagnant, pooled, or infrequently drained water. Poorly maintained systems and inadequate corrosion control or sanitization can result in legionella growth and airborne dispersal. Exposure to third parties can result in Legionnaires’ disease, Pontiac Fever, or severe complications of existing respiratory diseases.

Sick Building Syndrome

Sick Building Syndrome occurs when unhealthy indoor air quality causes building inhabitants to suffer health problems while in a building. Hospital facilities can be especially vulnerable due to a building’s age, design, reliance on mechanical conditions and ventilation, and use of large amounts of chemicals and cleaning agents. Exposures contributing to unhealthy indoor air include biological contaminants such as bacteria and mold, chemical or gaseous pollutants, volatile organic compounds, and combustion products.

Waste Management

The generation of various waste types, including medical, chemical, and radioactive materials can expose hospitals to environmental liability. Improper handling or disposal of these wastes, such as infectious materials or expired pharmaceuticals, can result in environmental contamination, regulatory violations, and health risks to staff, patients, and the community.

Hazardous Waste

Generators may not segregate medical and infectious wastes from RCRA hazardous wastes. When an investigation for improper disposal occurs at a non-owned disposal facility, it can result in potential liability for all parties that manifested waste to the facility, including the transporter.

Pathogens

Bodily fluids are available for contact and can carry infectious organisms, including MRSA, HIV, hepatitis B and C, E. coli, and other transmissible disease-causing microbes. Adherence to protocols for isolation, handling, and decontaminating these materials is essential to preventing exposure to others and avoiding further spreading the contamination throughout otherwise clean areas.

Storage Tanks

Emergency generators may be diesel-powered and require fuel storage in aboveground or underground storage tanks. Leaks of fuel, exhaust fumes, tank/piping deterioration, and inadequate or no secondary containment can result in a release that contaminates soil and water systems or can enter the facility.

Environmental Pollution Liability Can Provide Coverage For

On-site cleanup of new and pre-existing pollution conditions

Off-site cleanup of new and pre-existing pollution conditions

Third-party claims for bodily injury and property damage

Third-party claims for cleanup

Both sudden and gradual pollution conditions

Aboveground and underground storage tanks

Non-owned disposal sites

Mold, bacteria, viruses, legionella, and more

Business interruption resulting from pollution conditions

First and third-party transportation pollution liability

Loading and unloading

Defense of third-party claims

Illicit abandonment

Natural resource damage

Claims Scenarios & Examples

A University Medical Center experienced a mold outbreak. Six people died from heavy mold growth in the linens at two medical center hospitals. The medical center settled for $1.35 million in two wrongful death lawsuits.

A hospital experienced a Legionnaires’ Disease outbreak. Fourteen patients contracted the disease, and three of them died. Those that died had serious health conditions. The bacteria was linked to the hospital’s hot water system. The hospital flushed the hot water system with high chlorine levels to kill the bacteria.

A hospital was found to be improperly disposing of pharmaceutical hazardous waste. According to the state, the hospital did not keep records of hazardous waste solvents or adequately train employees for waste disposal. The hospital paid $360,000 to settle after being sued by the state for these violations.

After a patient received standard surgery, they died from a sepsis infection. The patient’s family sued the hospital, claiming the patient died because of problems with the hospital’s infection control. The lawsuit claimed that along with infection control problems, the hospital also had sewage leaks in the operating rooms. It was discovered that the hospital had been reported by health officials previously for black water sewage leaks in operating rooms.

After complaints that a creek had a fuel odor, an investigation found the source to be a fuel tank at a nearby hospital. The tank was found to be leaking, and it was reported that about 1,000-1,300 gallons of diesel had seeped into a stormwater line that led to the creek. It was believed that leaks were from holes in the old lines and piping and that fuel had also seeped into the soils. The hospital had to clean up the contamination and faced enforcement actions and future containment and monitoring measures.

A hospital was expanding its building by constructing a new wing. During the project, an underground storage tank was found. Not only was it over 70 years old, but it had been leaking for an unknown amount of time. The soil had to be excavated, and the area remediated, costing over $1 million.

Three children were in a hospital being treated for cancer. The patients had compromised immune systems from the chemotherapy, and all three children had spent time in rooms a floor above a construction project. The children died, and autopsies determined the cause of death was mold-related. The fungus had been released during the construction work. The families sued the hospital for negligence.

A hydrochloric acid spill forced nearly 500 people, including students with serious breathing problems, from a hospital and an affiliated school to escape the fumes. According to the fire department and school officials, of those evacuated, at least 35 adults and children were taken to area hospitals to be treated for respiratory irritation. A pool worker reported that two 15-gallon drums of hydrochloric acid had spilled into a pool on the hospital campus during routine maintenance. The acid interacted with bleach, creating hazardous fumes that spread throughout the campus through interconnected tunnels. Fire officials believe the ventilation system and underground tunnels contributed to the fast spread of the irritant. Hospital operations had to be canceled, and a physician group sought lawsuits for lost revenues.

A healthcare system was found to be improperly disposing of pharmaceutical hazardous waste as solid waste for more than four years. The improper disposal led to trace amounts of hazardous waste entering sanitary sewer systems and contributed to harmful mutations of fish, amphibians, and birds. They were also found to be incorrectly storing incompatible hazardous wastes in the same plastic tote, failing to conduct weekly inspections of hazardous waste containers, not properly marking universal waste containers, and not determining if used bandages were hazardous. They also did not keep hazardous waste containers closed during storage. The state sued the healthcare system for the violations and settled for $340,000.

Legionella was discovered in the water supply of a major metropolitan hospital. The water system underwent treatment for legionella, which required an entire hospital wing to be vacated and patients removed. In addition to the remediation costs, several patients sued the hospital, claiming bodily injury from exposure to the legionella.

A veterans medical center experienced recurring mold outbreaks. People began to complain about health problems because of the mold. An air quality test was performed, and elevated mold levels were found. Due to the health risks, the building was evacuated, and 60 employees were moved. The mold problems were attributed to high humidity levels in the building, most likely resulting from leaks and poor engineering in the heating and cooling system.

A seven-and-a-half-month-old boy was in the hospital for health issues when he contracted Legionnaires’ disease while in the hospital and died. Two other boys allegedly died for the same reason. The disease was found to be coming from the plumbing system in the hospital.

Property Types

Hospitals & Medical Centers

Environmental Exposures May Include