Speaking Of: Environmental Forensics

Cynthia RandallEnvironmental forensic experts have been placed firmly the spotlight after the explosion of the Deepwater Horizon and ensuing Gulf oil spill. To find out more about the role these experts play in the claim adjustment process, Claims' Eric Gilkey spoke with Cynthia Randall, vice president at EFI Global, about how adjusters should approach environmental claims, how forensic experts are assisting with the oil spill, what certifications experts should hold, and misconceptions about their role.

What are three tips adjusters should keep in mind when approaching the environmental and pollution claim management process?

Three key areas can greatly influence mitigation time and efficiency in the claim resolution process relating to pollution events: The initial response with accurate assessment; effective cost control measures; and matching innovative project management solutions to the specific pollution issues. All three contribute to timely and cost-effective solutions.

Initial response coordination consists of notification to applicable parties and assigning certified hazmat spill contractors. Accurate site characterization -- with proper delineation of the contamination plume -- is crucial in determining appropriate clean up options.

Cost effective remediation options with guidance/recommendations concerning the project management of the pollution incident are key in developing a go-forward customized strategy.

In order to manage the claim effectively, a proper project management approach should be implemented. This includes designating an experienced professional as the one point of contact, and offering a 24-hour on-call emergency response team to spills and incidents.

Once project managers are contacted with a claim, the claim must be documented thoroughly, reviewed for regulatory implications, and remediation or response strategies must be implemented in order contain costs and streamline the response process. Reporting requirements to agencies must also be addressed, followed by litigation support to resolve the claim quickly and efficiently.

How do environmental forensic experts respond to a disaster like the Gulf oil spill? Will they work with Worley Catastrophe's independent adjusters to settle claims?

Environmental releases such as the Gulf oil spill create immense challenges for all types of stakeholders, including property owners, developers, and insurance carriers. The extent of contamination and regulatory response actions add increased pressure associated with management of an environmental claim. The ability to accurately reserve funds and overcome these challenges often determines the success of any multi-faceted project.

Environmental experts can simplify these challenges by offering a comprehensive and streamlined project management process to assist with claims involving property and real estate damage resulting from oil spill pollution. The environmental experts work closely on a daily basis with designated independent adjusting firms, such as Worley Catastrophe, to assist with the most timely and cost effective solutions.

What kind of background/education/certifications should adjusters look for in their environmental forensic experts?

The type of environmental professional needed is based solely upon the type of pollution event. Pollution events can often be sizeable and complex in nature, so a core group of diversified professionals with extensive industry knowledge is desirable in order to address regulatory responsibilities and reporting requirements to agencies and provide litigation support to resolve the claim quickly and efficiently.

Environmental staff with the designation of Licensed Site Professionals (LSP), Professional Engineers (PE), Certified Industrial Hygienists (CIH), Certified Hazardous Material Manager (CHMM), LEED-accredited professionals, and OSHA-trained environmental scientists are among the diverse group of staff professionals who handle pollution events and environmental issues such as site assessments, investigations, and remediation associated with spills and releases, petroleum management issues, brownfield site redevelopment, explosion investigations, risk assessments, indoor air quality, asbestos, and mold consulting.

Environmental experts work in conjunction with the claim professionals to assist in mitigation and management of risk through accuracy, timeliness, and cost effectiveness.

What is the most misunderstood part of your job?

An effective resolution to any environmental pollution claim goes beyond the initial response and clean-up efforts. Environmental forensic experts should not only respond immediately to an incident, but also conduct assessments and execute a variety of mitigation techniques to prevent possible migration and potential further contamination. This is accomplished by implementing tactics that simplify the challenges of the environmental pollution claim by utilizing a comprehensive and streamlined project management plan.

If the site necessitates remediation, emerging and innovative remediation techniques should be implemented to facilitate site/habitat restoration. Guidance with recommendations regarding potential hazardous materials and disposal, site specific health and safety plans, as well as regulatory implications associated with the conditions of the pollution event discovered during initial and subsequent investigations need to be carefully examined and included along with the selected remediation technique.

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