Stallard Kane News

Friday, 21 January 2011 11:59

ADVERSE WEATHER

White out

It doesn’t happen often, but when the UK gets a blast of snow much of the country grinds to a halt. This time round, more snow fell than at any time during the previous 18 years, causing problems and prompting questions. Notably, what’s expected of an employer or premises owner when this happens. Do they have a legal duty to remove all the snow? And if they don’t, will anyone who falls over and injures themself be able to seek compensation for injuries?

Safe site

Employers and premises owners have a legal duty of care to ensure the health and safety of those who may work or visit a site. This means that they must take steps to manage and reduce risks wherever reasonably practicable. And this includes those associated with snow and ice. However, this year; the amount of snow that fell was unusual. In many cases clearing it was almost impossible – certainly not without the aid of a snowplough or other suitable machinery. Added to this, many councils used up their entire grit and salt stocks, so employers couldn’t get rid of all of the snow even if they wanted to.

Tip 1.

You shouldn’t attempt to clear every last snowflake from your site. However, you should ensure that paths and walkways through the snow are maintained wherever practicable. In particular; main entrances, car parks etc.

Tip 2.

If you don’t have the resources, or it’s not possible to clear snow from your car park due to the weather, close it.

Tip 3.

If possible, suspend any non-critical tasks that are usually completed outside.

Lost time

The main fear of many employers is that if a member of staff or customer; does fall over and injure themselves; they could face a personal injury claim. However, many employers miss the fact that if an employee falls and suffers an injury serious enough to warrant compensation, they are going to be away from work and entitled to sick pay.

Tip.

If an employee suffers an injury that renders them unable to work for more than three days, this must be reported to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR). However, the good news is that in most cases the HSE or local authorities are unlikely to follow these reports up.

Employees must act sensibly

The burden of managing risks is shared by employers and employees alike. This means that a member of staff is unlikely to have a case against you if they have not taken appropriate precautions, e.g. by wearing sensible footwear/clothing or using the cleared paths etc.

Tip.

Although the snow has now gone, it’s worth reminding staff, that if (and when) it falls again, they must stick to cleared footpaths and be cautious.