NEWS - WINTER WEATHER - 11.01.2007

To grit or not to grit?

It’s an annual problem - how far do you go with gritting or snow clearance and what are the liability issues following an accident?

Winter weather. Although it appears that our winters are getting milder, frosty mornings and cold weather could occur at any time over the next few months and businesses need to be prepared. But how far do you have to go in preventing claims for injuries following slips and falls in icy conditions?

Cut and dried? Well, there’s plenty of legislation to consider. For example, the Health and Safety at Work etc. Act1974 states the need for access to and egress from places of work to be kept “safe and without such risks”, and the Workplace (Health, Safety and Welfare) Regulations calls for keeping floors free from any substance that could cause a person to slip, trip or fall, “as far as is reasonably practicable”. And it doesn’t stop there! The Occupiers’ Liability Act requires that visitors to premises are kept “reasonably safe for the purpose for which they are invited or permitted to enter”.

Implications. Whilst such issues may well be enshrined in law, the real issue is one of sensible management. Employers often get carried away over issues such as where the responsibility for clearing ice and snow begins and ends and how far they should go in terms of gritting and clearing. In many cases there is often no straightforward answer to these questions.

Gritting isn’t the only solution. No one is saying that you will need to clear large areas such as car parks etc. However, it makes sense to grit or clear common access areas such as footpaths and walkways etc. Another and possibly more practicable option is to restrict access to certain areas, this will only require a few signs, i.e. “no access due to bad weather”.

Tip. Be prepared and have your supplies of grit and salt ready now. Make sure someone is allocated the task of applying it, preferably before you open for business. Also, a few warning signs stating the ground could be slippery wouldn’t go amiss.

You could be held liable if you don’t take reasonable steps to prevent slipping on ice etc. Grit isn’t the only option; restricting access to affected areas and warning signs are also potential solutions.

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