22 December 2008

Keeping paths clear of snow and ice

The Workplace (Health Safety and Welfare) Regulations 1992 require companies to ensure under Regulation 12 the safe condition of floors and traffic routes. In addition the Approved Code of Practice makes specific reference to minimising the risks from snow and ice in paragraph 96 as follows:

‘Arrangements should be made to minimise risks from snow and ice. This may involve gritting, snow clearing and closure of some routes, particularly outside stairs, ladders and walkways on roofs.'

But what are the implications for employers if this is not done adequately enough?

There are two relevant cases in which it was established that a system for controlling the hazards of snow and ice discharges liability if it fulfils best practice. Companies should not be expected to go to unreasonable lengths.

The cases established that using your available resources to clear the most used areas, as a priority to those less used was reasonable. Gritting twice a day, early morning and early evening before the times when most traffic - both vehicles and pedestrians - would use the area is likely to be most practicable but individual circumstances may vary.

It would also be prudent to remind employees of their duty under the Health and Safety at Work Etc Act 1974 to take care of their own safety and that of others particularly when moving about in slippery conditions, especially where floors become slippery by employees and visitors bringing water, slush and snow into the building on their shoes. Extra care with doormats, reminders to wipe their feet and wet floor signs with awareness being raised though posters around the site could assist in reducing the hazard.

Be aware, however, that it is prudent to stop clearing operations at the boundaries of your property because if an area if public highway is cleaned there is a common law duty of care to ensure that it is cleared properly and the it remains clear! If this duty is breached it could lead to claims being made against the company should a member of the public slip and injury themselves.