Knowledge Corner

The recent Legionnaires’ disease outbreak in Central Harlem continues to escalate — not just in health impacts but in legal and regulatory consequences. New reports show that workers from Rising Sun and Skanska are alleging illness and hospitalization related to the outbreak. As a result, lawsuits are emerging, and plaintiffs claim that employers failed to take adequate precautions or communicate timely and transparently with workers.

This marks a critical turning point for contractors across the region. It is no longer just about understanding the environmental and insurance risks of Legionella, it’s now about legal liability tied to worker exposure, illness, and inadequate response.

What Construction Employers Are Being Accused Of
According to the NY1 news article, the core of the lawsuits centers around three major allegations:

1.  Failure to Communicate
Employers allegedly did not notify workers adequately of the outbreak or their potential exposure, which may have delayed medical attention or preventive steps.

2.  Negligence in Protecting Workers
Plaintiffs claim their employers should have been aware of the risks and taken more proactive safety measures. Especially given public reports of Legionella-positive cooling towers in the area. 

3.  Lack of Accountability
The suits aim to establish employer responsibility, arguing that the health of workers was not properly prioritized even after the outbreak became known.

These lawsuits raise serious questions for general contractors, HVAC subcontractors, and others operating in urban environments, when cooling towers, water systems, or HVAC work is part of the job.

What Contractors Should Do 

Act Immediately 

If an employee reports flu-like symptoms, pneumonia, or any other health concern and works in or around a known outbreak zone — it’s critical to document and respond appropriately. Medical attention should be sought, and OSHA/CDC protocols should be followed for potential occupational exposure.

Use Verified Communications

Distribute education materials as needed, document your internal response, and educate your workforce proactively. The CDC and OSHA provide valuable resources to help employers respond effectively to Legionnaires’ disease risks:

• CDC Guide: Preventing Occupational Exposure to Legionella – Includes guidance on engineering controls, worker education, and personal protective equipment.
• OSHA Outbreak Response Tools – Features sample letters to inform employees, fact sheets, and recommended employer actions during an outbreak.
  
  

How to Manage Risk from a Liability Standpoint
The standard General Liability and Contractors Professional Liability policies often exclude claims involving bacteria or Legionella, specifically when tied to allegations of negligence or noncompliance.

Employers should work with their broker to:

• Review their current insurance portfolio for coverage gaps.
• Ensure protocols are aligned with ASHRAE 188, the accepted standard for Legionella risk management.
• Consider Pollution Liability coverage that explicitly includes Legionella-related incidents, especially for contractors working on water systems or near cooling towers.

Take Action to Minimize Liability 
This outbreak is not only a health issue but also a compliance, legal, and reputational threat for contractors and construction managers. Ensure you have a documented response plan, compliant communication practices, and proper insurance protection.

Contact TSIB today to review your policies and risk management procedures. Our team can help protect your company. 

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