Companies responsibilities in the winter.

The prospect of another cold & frosty winter is fast approaching. With ever increasing accident and emergency admissions due to snow and ice, we must consider how best to protect visitors and employees from the risks.

The Occupiers Liability Act 1957 S2(2) imposes a duty to take such care as in all the circumstances is reasonable to see that visitors and employees are reasonably safe for the purpose which they are invited or permitted to be there. This includes a duty to ensure that pathways & areas where visitors may walk are cleared of any potential hazards caused by snow or ice.

HSE guidance stipulates that regularly used walkways which accumulate snow or ice are ‘promptly tackled’.

In previous years, there has been a shortage of grit. It is therefore advisable to prepare well in advance & ensure you hold an adequate store of grit or rock salt to tackle the issue, should it arise.

Warning signs alone are insufficient

Signs should be used where required to warn of slippery surface but must be used in conjunction with positive action, namely by attempting to clear the snow and ice.

HSE Guidance:

• Identify the outdoor areas used by pedestrians which are most likely to be affected by ice.
  
• Monitor the temperature: Prevention is key.
  
• Put a procedure into place which would prevent an icy surface forming and/or keep pedestrians away from the icy surface.
  
• If warning signs are used, remove them once the hazard has passed or the will eventually be ignored.

Employers Duties

Duties owed to visitors apply equally to employees. Employers have a duty to keep their employees safe, as far as is reasonably practicable, from the risk of slipping on ice and snow. Any outside areas, used by employees, must be as far as reasonably possible, gritted or salted.

What approach do the courts take?

Whilst there is case law relating to the subject, each case is judged on its own facts. Fundamentally, the key aspect governing the court decision appears to be the time the occupier has to remedy the hazard. If only a short period elapses between an area being safe to walk on & the hazard forming, so there is insufficient time for the occupier to identify or remedy the hazard, the occupier is much less likely to be considered as liable by the courts. Furthermore, courts are less likely to consider a breach of duty against an occupier where it is found that the injured party has taken some degree of risk.

There is an inherent risk of injury associated with walking, running or driving on an evidently icy surface. As such, pedestrians would be expected by the court to have taken extra care. If they do not, a defence or at least contributory negligence can be argued.

Highways

Occupiers of private land do not have a duty to clear snow or ice from public footpaths, roads or access routes which surround their land. This is the responsibility of the local authority.