Equipment Fluid Leaks
Equipment used at jobsites, such as cranes, industrial lifts, forklifts, etc., use fuels and hydraulic oils. Releases of fuels, oils and fluids from equipment, storage or during fueling, due to accidental spills or leaks, or from vandalism, can discharge pollutants into soil, groundwater, storm drains, or drywells. Claims for cleanup, natural resource damages, or third-party bodily injury or property damage can result.
Chemical Spills
Contracting work can include the moving, lifting, or placing of machinery or the operation of heavy equipment. During these operations, site tanks, containers or equipment that are unrelated to the work can be struck. These tanks or equipment can contain chemicals or wastes which can leak or spill, causing an environmental incident and resulting in potential cleanup liability.
Crystalline Silica
Millwork may involve installing concrete for supports or flooring. Cement dust can irritate the eyes, nose, throat, and upper respiratory system. Crystalline silica is one of the components of sand, rock and cement used in concrete mixtures. Construction processes such as cutting, chipping, drilling and grinding can generate irritant dusts and make the silica respirable. Third parties can breathe in silica dust, which is hazardous and can cause scarring and formation of nodules, called silicosis. Sufficient scarring will decrease breathing capacity and increase susceptibility to lung infections. Exposure may also lead to other ill effects such as chronic obstructive pulmonary disease (COPD), lung cancer, or kidney disease. Third-party bodily injury claims can arise from exposure to dust and crystalline silica released from concrete work.
Disturbing Asbestos, Lead, and PCBs
Maintenance, installation, or repair work on equipment can disturb existing asbestos, lead-based paint, or PCB-containing materials. Asbestos-containing materials may include insulation on piping or machinery. Lead-based paint could be present on the equipment or on walls or flooring in the area of equipment. Historic machinery and electrical equipment may also have PCB-containing hydraulic oils, thermal insulation or adhesives. Improper identification and inadvertent disturbance of these materials may cause a hazardous release that can lead to third-party bodily injury claims and remedial and disposal liabilities.
Toxic Air Emissions
During soldering, brazing and welding work on equipment, metal fumes are produced and released into the air, which can be toxic. Grinding activities can release dusts. Carbon monoxide and particulates may also be present in exhaust fumes from gas- or diesel-powered equipment used for lifting heavy machinery. If fumes, dusts, and equipment exhaust are not properly vented or controlled, third-parties can be exposed to pollutants and file bodily injury claims.
Wastewaters
Wastewaters can be generated from cleaning equipment used at a jobsite or from concrete operations. These wastewaters may contain particulates, residual oils and fluids, and other pollutants. Mishandling can result in regulatory violations or cleanup claims.
Jobsite Waste Disposal
Jobsite waste can contain hazardous materials, including asbestos, lead-based paint, mercury, PCBs, solvents, etc. Waste may include liquids, sludges, or other materials on or under equipment. These wastes may require special disposal procedures. Hazardous wastes can be inadvertently mixed with non-hazardous wastes and disposed of improperly. Improper disposal can lead to regulatory violations and cleanup liability. Additionally, if the contractor arranges for disposal of wastes, they could become liable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for a release at the disposal location.
Accidental Spills During Transport
Transportation creates a wide range of environmental exposures. Spills may occur while chemicals, waste debris, or equipment are being transported to or from the jobsite or disposal facility or during loading/unloading. Transportation exposures may be from the insured operating their own vehicles or through contingent liability through those they hire.
Toxic Smoke and Firefighting Run-Off
Hot work performed for installation and repair of equipment uses heat and spark-producing tools. Hot work presents an increased risk of fire and explosion hazards at a jobsite. A fire could emit toxic fumes and smoke from the materials stored at the site or due to a mix of materials that occurs as a result of a fire. Firefighting water or foam could create contaminated run-off that migrates to nearby storm drains or properties and results in tort liability.
Design and Workmanship Errors
Millwright contractors design and set up large amounts of heavy machinery. They may also create custom fixtures or parts and make repairs to equipment. This design work exposes millwright contractors to professional liability exposures. Millwright contractors may also incur professional liability risks from defective materials or products used in their work. Furthermore, mistakes made in workmanship can lead to project delays, loss of income, reinstallation costs, etc.
Solvents and Hydraulic Oils
During installation or maintenance of equipment, millwright contractors may use or handle solvents, adhesives, epoxies and hydraulic oils. Spent hydraulic oils may also need to be removed during maintenance. A leak or spill during handling or storage of these chemicals could result in an environmental incident that impacts soil or groundwater or discharges to sewer or storm drains, potentially impacting surface waters. Cleanup, natural resource damage, or third-party claims could result.
A Combined Pollution & Professional Liability Policy Can Provide Coverage For
Contracting operations done “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
First-party emergency response cost
Mold, legionella, bacteria, fungi, lead, asbestos and more
Sudden and accidental coverage for owned/leased locations
Non-owned disposal site liability
First and third-party transportation pollution liability
Loading and unloading
Professional liability
Mitigation/rectification
Excess/contingent design
Defense of third-party claim