Contractors

Maintenance/Janitorial

Maintenance and janitorial service companies perform cleaning and other maintenance services for commercial and industrial clients. Common commercial cleaners contain chemicals hazardous to human health and natural resources, such as aquatic ecosystems. Pollution liability from these cleaners may stem from leaks, disposal, or improper mixing that releases toxic fumes. Wastewater and hazardous waste collected at jobsites that are improperly handled or disposed of could also lead to environmental liability. Maintenance work may also inadvertently disturb existing asbestos or lead in the structure.

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Environmental Exposures May Include

Solvents
Hazardous Gas or Fumes
Chemical Storage
Wastewater Management
Biohazard and Medical Waste
Waste Management
Asbestos
Lead-based Paint
Pest Infestation Risks

Solvents

Commercial cleaners, scalers, and solvents contain chemicals and acids that, if improperly mixed or used, can leave behind residues that impact human health by dermal contact or inhalation. Mixing incompatible chemicals can cause off-gassing of Volatile Organic Compounds (VOCs) and release toxic vapors that pose an inhalation hazard to third parties.

Hazardous Gas or Fumes

Stored chemical supplies are often in concentrated form. Because of this, leaks from containers that are incompatible or reactive may cause a release of hazardous gas or fumes (such as hydrogen chloride or ammonia) or generate enough heat to cause combustible materials to catch fire.

Chemical Storage

Chemical storage container breaches, leaks, and spills caused during the transportation to and from jobsites and loading and unloading could create cleanup liability or run-off that can cause ground and water contamination.

Wastewater Management

Wastewater recovered and stored in holding tanks or containers from wet solution cleaning procedures can contain contaminants such as silts, detergents, oil, grease, solvents, pathogens, biohazards, molds and mold spores, bacteria, flame retardants, and other toxic chemicals. Releases to a stormwater drain inlet, ditch, or spills during loading and unloading operations or transportation may damage a private septic system, drinking water wells, soil, or groundwater. Releases to a stormwater system can lead to natural resource damage.

Biohazard and Medical Waste

Improperly stored, handled, or disposed of medical waste could expose third parties to biohazards and infectious contaminants. Regulated medical waste must be bagged appropriately, sterilized, and taken to an approved and licensed disposal facility.

Waste Management

Collected waste must be properly characterized and segregated based on its type and associated hazards. Wastes collected can contain hazardous materials or materials that require special handling and disposal procedures, and improperly segregated and disposed of wastes can result in regulatory fines or lead to cleanup and environmental tort liability. Wastes can include fluorescent light fixture ballasts, fluorescent light tubes and bulbs, neon bulbs, and e-waste such as computer monitors, printers, microwave ovens, and communication equipment, which may contain heavy metals such as lead, mercury, chromium, and cadmium.

Asbestos

Maintenance or repair work may inadvertently disturb existing asbestos within the structure. Asbestos can be found in many commercial and industrial applications, including ceiling and floor tiles, inside wall cavities, heating duct installation, and roofing materials. Disturbance could release inhalable asbestos fibers that can infiltrate the air and expose third parties to serious health hazards or fatal diseases such as asbestosis, mesothelioma, or lung cancer.

Lead-based Paint

Older structures may have lead-based paint. This paint may be dislodged and release lead particulates into the surrounding environment during the removal, repair, or cleaning of painted building materials. Lead exposure can cause significant bodily injury, including brain damage, nervous system problems, learning disabilities, reproductive issues (including miscarriage or stillbirth), digestive issues, and muscle and joint pain, with children being especially susceptible.

Pest Infestation Risks

Failure to adequately clean and maintain buildings or remove wastes can attract pests, such as rodents and insects, that deposit allergenic material (dander) or carry disease-causing pathogens in droppings or saliva.

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

First-party emergency response costs

Natural resource damage

Sudden and accidental coverage for owned/leased locations, particularly storing of cleaning chemicals

First and third-party transportation pollution liability

Mold, legionella, bacteria, and fungi

Lead and asbestos Loading and unloading

Non-owned disposal sites

Claims Scenarios & Examples

The dormitory at a school experienced a water pipe burst during the holiday break between semesters. As a result, the first floor of the building was flooded. A maintenance vendor took care of the flooding and repaired the pipe to ensure everything was working and back to normal when the students returned. Three months later, students complained of nausea and dizziness. An inspection was completed and found mold behind the walls and in the drywall of the areas that had been flooded months before. Costs were incurred for mold remediation and medical monitoring, and the maintenance crew was uninsured.
Five high school athletes sued the school and janitorial firm after their uniforms were mistakenly washed in a dangerous chemical. The investigation found that the school’s custodian sprayed a cleaning solution on the football team’s gear, which burned the players’ skin. The students sought to recover costs for corrective surgery along with subsequent pain and suffering.
A peracetic acid spill occurred in a janitorial storage area of a hospital. The cleaning chemical can cause skin irritation and difficulty breathing. Hazmat crews responded to the scene. The first floor was evacuated, and some semi-sedated surgery patients had to be moved to a sealed, safe room with their attendants.
An employee of a janitorial company was working at a shopping center and inadvertently mixed ammonia and chlorine-based cleaning products, resulting in a toxic cloud of ammonia chloride, causing respiratory distress in dozens of shoppers. The shopping center had to be shut down, and the contractor had to defend themselves against bodily injury claims. Additionally, numerous business interruption claims were filed by the tenants. The total cost of this claim was $175,000.
After a Legionella outbreak at a hotel killed one person and sickened dozens of others, it was found to be from negligent maintenance and operation of the water systems. A lawsuit was filed for negligence and failing to properly clean and test the water system against the hotel and companies responsible for maintaining the water system. The hotel had to close and clean out the entire water system.
A janitor was mixing chemicals to treat the air cooling system of a courthouse one morning when a chemical cloud formed. The cloud activated the alarm system, and the courthouse was evacuated and closed for the rest of the day. Hazmat and fire crews responded to the emergency, and the hazmat team had to isolate the gas and remove the chemicals from the scene.

Final Consideration

As a contractor you can be faced with the cost to defend yourself against allegations or legal action from pollution related events, regardless if you are at 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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