Focus on....Ice and Snow
Q. With winter approaching, our school is deciding what is “reasonably practicable” when it comes to keeping a footpath leading to the premises clear of snow and ice. Can you advise us on this matter?
There is a requirement under reg.12 of the Workplace (Health, Safety and Welfare) Regulations 1992 to ensure the safe condition of floors and traffic routes. Paragraph 96 of the Approved Code of Practice (ACOP) to these Regulations makes specific reference to minimising the risks from snow and ice, and there is a recommendation regarding snow-clearing and gritting.
Some employers may be worried that they might attract a liability if this is not done adequately. Two civil cases are relevant to this question: Bloxham v Swan Hunter Shipbuilders Ltd (unreported, 58/208) and Fildes v International Computers (1984, CLY 2316, CA). In these cases, it was established that a system for controlling the hazards of snow and ice discharges liability if it fulfils best practice, but is not expected to extend to unreasonable lengths.
In particular, these cases established that devoting the resources available to clearing the most used areas in priority to those less used was reasonable. Gritting twice a day, early in the morning and in the early evening (the times when most traffic – vehicle and pedestrian – is expected) is likely to be most practicable, but individual circumstances may vary.
It is particularly valuable to remind employees of their duty under s7 of the Health and Safety at Work, etc. Act 1974 to take care of their own safety, particularly when moving about in slippery conditions. One hazard that is frequently forgotten is the slippery floors caused by people bringing in water and slush on their shoes. Extra care with doormats and floor cleaning is likely to help reduce this hazard.
When clearing snow and ice, it is probably worth stopping at the boundaries of the property under your control. If an area of the public highway is cleared, there is a common-law duty of care to ensure that it is cleared properly and remains clear. If this duty is not fulfilled, it can lead to an action for damages against the employer, e.g. if members of the public, assuming that the area is still clear of ice and thus safe to walk on, slip and injure themselves.