Property Types

Laboratories

Laboratories store and handle many materials and generate wastes and wastewater that can expose them to pollution liability. Materials that can be hazardous include chemicals, solvents, and infectious wastes, and releases can occur during storage, handling, transport, or disposal, leading to environmental liabilities. Chemicals used may be incompatible, leading to releases of toxic fumes or other adverse reactions. Solvents and compressed gases used in laboratory processes may be flammable, increasing the risk of a fire and the potential for a release that impacts the environment. Laboratories that handle infectious materials may generate medical wastes, which can cause bodily injury exposures to third parties.

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Environmental Exposures May Include

Chemical Spills
Explosions
Medical Wastes
Accidental Spills During Transport
Mold
Backup System Leaks
Dust and Vapors
Wastewater

Chemical Spills

Various chemicals may be stored in a laboratory, including solvents, acids, bases, reagents, peroxides, etc. Spills or leaks of these chemicals can pose environmental risks. Some chemicals could form toxic air releases. Other chemicals could impact soil or groundwater by migrating through cracks in flooring, into drains, or during loading or unloading. Contaminants could also migrate to surface water in stormwater if chemicals are leaked or spilled outside the lab building.

Explosions

Combinations of incompatible chemicals can react violently or produce toxic byproducts/gases when stored together or mixed. Some chemicals and compressed gases stored at laboratory facilities are flammable, and an ignition source near these materials could cause a fire that spreads and releases other contained materials. Peroxides are sometimes present in labs, and these chemicals are very unstable, reacting to shock, sparks, heat, friction, impact, and light. These types of chemicals can explode. An explosion can cause third-party property damages and bodily injuries, and a fire at the facility could emit toxic fumes and smoke from the materials stored at the site or from a mix of materials that occurs as a result of the fire. Firefighting solutions such as water or foam could create contaminated run-off that spreads to nearby storm drains or properties, resulting in environmental cleanup and tort liability.

Medical Wastes

Samples of blood, tissue, and other bodily fluids may be tested in a laboratory as part of their services. These 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. Improperly segregated and disposed of medical wastes generated from these testing operations can result in regulatory fines and third-party bodily injury claims.

Accidental Spills During Transport

Transportation of lab chemicals, hazardous chemical wastes, or medical wastes presents additional pollution risks and public exposures. A release during transit could lead to environmental liability risks for the laboratory as the generator.

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.

Backup System Leaks

Laboratories may have emergency generators. These 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.

Dust and Vapors

Laboratories may exhaust hazardous gases, dust, mists, and vapors from their operations. If ventilation systems are inadequate or develop issues, then releases could occur that impact third parties, such as other tenants in a multi-tenant building.

Wastewater

Cleaning of lab equipment and containers can generate contaminated wastewater. Lab processes can also generate hazardous and solid wastes. These wastes and wastewaters require proper handling and storage. Spills from storage areas can cause environmental cleanup liability and pose health hazards to third parties. Improperly segregating and disposing of solid, hazardous, or biomedical wastes can result in regulatory fines and lead to cleanup and environmental tort liability.

Contractors 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

Civil fines and penalties

Emergency response costs

Claims Scenarios & Examples

A drum of spent solvent waste located in a storage shed on the property of a laboratory was knocked over as employees attempted to move several drums. The solvent waste flowed across the laboratory’s parking lot and onto the soil at an adjacent property. The laboratory owner was responsible for the associated emergency cleanup costs.
A lab employee knocked over a glass container of liquid mercury, which shattered on the floor. The building was evacuated for several hours to prevent other building tenants from exposure to toxic vapors related to the release. The other tenants filed business interruption claims against the owner of the lab.
Historically, a lab sent wastes to a particular hazardous waste landfill. The landfill had a significant release that impacted groundwater and migrated off-site. The landfill went bankrupt, and the EPA sought relief for cleanup costs from the generators that sent waste to the landfill. The laboratory paid $50,000 in a settlement with the EPA as a de minimis waste contributor.
Sodium cyanide inadvertently came in contact with an acid in a lab. Hydrogen cyanide, a highly toxic gas, was produced. The entire building, including several other businesses, had to be evacuated, and several third parties had to be taken to the hospital after exposure to the gas. Third-party bodily injury and business interruption claims were filed against the laboratory.
A historic medical lab experienced an unknown release of mercury at a site. The lab building was converted for office use, and the mercury contamination was discovered years later. The medical lab was named as a potentially responsible party under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and it faced a costly cleanup, adverse publicity, and bodily injury claims from the building’s occupants. The remedial costs alone totaled more than $300,000.

Final Consideration

Your business can be faced with the cost to defend itself against allegations or legal action from pollution related events, regardless if you are fault or not. Having the proper insurance coverage in place will help fund the expenses incurred to investigate or defend against a claim or suit and provide you with environmental claims handling expertise.

This environmental risk overview offers a general understanding of potential risks and may not reflect all risks associated with your business. Environmental Risk Professionals has compiled this overview for informational purposes only. This overview does not constitute legal opinion or advice, nor does it establish a consultant-client relationship. This overview is not intended to guide project parties in interpreting specific contracts or resolving disputes; such decisions may require consultation with counsel and depend on various factors. © 2025 Environmental Risk Professionals, LLC

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