Special & Hazardous Waste Characterization & Disposal
Used personal protective equipment (PPE), high-efficiency particulate air (HEPA) filters or equipment washing fluids may be considered special or hazardous waste when discarded and require proper transporting and disposal procedures. Additional jobsite wastes collected for disposal may include hazardous materials such as asbestos, lead paint, insulation, cleaning fluids, and wastewater that require proper characterization and segregation and could result in disposal liability. Improper waste disposal may result in legal consequences for violating hazardous waste requirements and could lead to cleanup and third-party liability claims.
Cargo Cover Failure & Loose Material Transit Release
For loose materials that are hauled and potentially released during transport, such as construction debris, roofing materials, and old insulation, the vehicle should be covered and secured with a tarp or other cover material. Failure to properly cover the waste could generate airborne dust or release loose materials to the road, leading to cleanup and third-party property damage claims.
Weatherization Product Fires & Contaminated Firewater Run-off
Some products used in the weatherization process are flammable and may result in a fire that spreads throughout the building and may release other contained materials producing hazardous vapors. Firefighting solutions such as water and foam could create contaminated run-off that spreads to nearby storm drains or properties, resulting in environmental cleanup and tort liability.
Hidden Mold Disturbance & Post-Weatherization Growth
Mold can be encountered in non-visible areas such as insulation, attics or roofs, crawl-space conduits, behind wallboard, on sheetrock, under carpeting, and in piping or duct runs. Small spores and fragments are readily released when mold-impacted areas are disturbed during weatherization. The mold can disperse further and expose building occupants without careful containment and cleanup. Failure to identify, dry, or remove all moisture-impacting building materials could allow for continued mold growth, which may lead to property damage and bodily injury claims.
Indoor Air Quality Degradation & Ventilation Deficits
Improper weatherization of residences or buildings may threaten indoor air quality and negatively impact occupant health and safety. Suppose the contractor fails to properly install fresh air ventilation during the weatherization process. In that case, it might cause the build-up of deadly and combustible gases, radon, or volatile organic compounds used in many building materials, which could lead to third-party injury liability. Improper weatherization could also impact ventilation in the building, resulting in higher humidity levels that could lead to mold growth.
Legacy Asbestos & Lead-Based Paint Disturbance
Weatherization contractors may inadvertently disturb asbestos or lead-based paint in residences or buildings where they are working. Asbestos was used in some older insulations, including vermiculite and blown-in attic insulation, and asbestos can also be found in other areas, such as wall cavities and ceiling or floor tiles. Disturbance of existing pollutants could result in environmental liability to the contractor.
Chemical Storage Spills & Incompatible Chemical Handling
Spills and leaks of chemicals, solvents, and cleaners at the storage location or during transportation, loading, or unloading may cause third-party injury and cleanup liability. Combinations of incompatible chemicals are prone to react violently or produce toxic by-products/gases when stored together or mixed and cause third-party bodily injury claims against the contractor.
Roofing & Aperture Sealing Defect Leaks
Roofing repairs, as part of the weatherization process, can create leaks that allow water to enter the premises. Moisture intrusion could also occur from improperly installed or sealed doors and windows. Mold growth due to leaks and moisture intrusion could lead to third-party claims for property damage and bodily injury.
Fiberglass Particle Release & Inhalation Hazards
Removing and installing insulation in walls, floors, ceilings, around ducts, pipes, water heaters, near foundations, and sills could release fiberglass particles and expose unprotected residents or building occupants. Exposure to fiberglass particles could lead to third-party personal injury claims against the weatherization contractor.
Chemical Off-Gassing & Application Vapor Intrusion
Materials used during the weatherization process include chemicals, sealants, coatings, adhesives, surfactants, degreasers, deodorizers, and antimicrobials, which can release hazardous and irritating fumes to occupants during application, curing, or drying that can lead to third-party injury claims.
Site Material Spills & Drainage System Contamination
Leaks, releases, or spills of weatherization materials, such as sealants, adhesives/mastic, caulk, or paint, could enter drains, such as interior floor drains or exterior storm drains at the jobsite, and eventually flow into sanitary sewers damaging the downstream wastewater treatment plant. Leaks, releases, or spills of weatherization materials at a property could negatively impact the soil and potentially travel to groundwater beneath the site, contaminating drinking water sources.
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
First-party emergency response costs
Mold, legionella, bacteria, fungi, and viruses
First and third-party transportation pollution liability
Loading and unloading
Sudden and accidental coverage for owned/leased locations
Non-owned disposal sites
Defense of third-party claims
Lead and asbestos