Hazmat clean-up should be performed by qualified contractors
first responders, as government employees, should refrain from suggesting one particular company regardless of whether that company is on a retainer. Doing so can present problems if other companies complain to local government leaders that first responders are providing their competition with an unfair advantage. This can be especially troubling if some first responders work part-time for the same contractor they always recommend.
Some responders provide the responsible party with a copy of the local telephone book and say “Just pick a contractor.” Another option is to create a list of cleanup contractors in your area that includes a breakdown of each company’s capabilities. Make sure the list is arranged in alphabetical order by company name so that no one can complain about favoritism.
Although some companies have no interest in dealing with fuel spills, other will claim that is their specialty. Likewise, some contractors have extensive experience dealing with small jobs involving “lab packs,” such as when cleaning out a locker in a chemistry lab at the local high school. Others may have vacuum tank trucks of varying capacities and construction equipment such as front-end loaders, dump trucks, and backhoes.
When developing a list of contractors and determining how you will present this list to a responsible party, contact your local government attorney’s office for advice. Remember that if a contractor files a complaint alleging conflict of interest or favoritism, the attorneys are going to get involved anyway. You might as well seek their counsel beforehand and avoid becoming a defendant in a lawsuit.
Always give the responsible party an opportunity to select a contractor because the responsible party is the one who pays the bill. Remember that in some situations, such as when a tractor trailer hauling hazardous materials is involved in a wreck, the responsible party is not the driver but rather the trucking company or more likely its insurance company. Therefore, if the driver is DOA or at the hospital, never take it upon yourself to hire a cleanup contractor and assume that the trucking company will just pay for it. If you do, the company or its insurance carrier will likely balk at the amount of the bill and claim it could have found a contractor to do the job for half the price. Worse, if the driver is an independent trucker operating with no insurance and your name is on the cleanup contract, the contractor will want to
