Environmental consulting has been around since the early 1970s, but it's still an expanding field with unique risks and exposures. Governmental regulations, public interest in conservation and sustainability have driven the growth of this $16 billion industry.

Pollution liability can occur when faulty work is the direct cause of environmental contamination, and professional liability arises when technical errors contribute to an incident. Even individuals who never set foot on a job site must consider their potential exposure: lab technicians analyzing soil samples for pollutants or engineers advising on regulatory compliance plans, for example. If your operations can contribute to an environmental incident, you are exposed.

Fortunately, there are steps that risk managers and environmental consultants can take to identify exposures, mitigate risks and improve operations. Complete, consistent documentation is the basis for an effective strategy and begins with detailed proposals, clearly defining the work to be completed, terms of successful performance and a realistic estimate of associated costs.

Any project relying on subcontractors opens itself to additional risk. Consultants must make sure that their partners have the relevant skills and resources to conduct the work. Best practices involve prequalifying subcontractors according to their expertise, resources and financial stability, including adequacy of insurance.

Project work should follow the specified scope as closely as possible, and team members should be qualified to conduct initial quality assessments, with senior consultants reviewing results. If work involves physical exposure to hazardous materials, site-specific plans are necessary to guarantee conformance to OSHA standards, at a minimum. Firms should have plans for handling and storing waste materials and other potential contaminants, as well as for spill response in case of a breach.

Finally, any project is likely to call for changes to some of the terms. Change requests should be documented for all issues, with a record of client acceptance where required. In fact, it's wise to catalog all project-related correspondence, especially with clients or regulators. Evidence of communications and approvals can be the most effective defense against potential claims.

Another benefit to a successful documentation strategy is the wealth of information that it offers to insurance carriers and underwriters. Risk managers should review consultants' procedures and address any gaps before contacting insurers. In addition to financial information and loss history, risk managers can provide copies of standard operating procedures, site reports, incident response and spill containment plans, hazardous material storage protocols, subcontractor qualifications, and resumés of specialists responsible for core operational and oversight functions.

For environmental consultants, incorporating these recommendations will increase the likelihood of successful projects and productive client relationships, outcomes that translate into improved availability and affordability of insurance. For insurance professionals, evaluating risks in light of these standards can reduce claim frequency and severity, improving loss experience and underwriting results.

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