Last year saw one of the coldest winter periods on record. This article looks at ways in which employers can start to prepare for extreme weather conditions.
Cold weather, snow and ice can cause and accentuate many work-related risks which have to be dealt with by organisations. Slipping on icy walkways is an important hazard, low working temperatures can present particular health and safety problems, getting to and from work in snowy conditions puts staff at risk.
All of these issues give organisations difficult choices and judgements to make. Should they allow their staff to stay at home and avoid journeys to work in snowy conditions? Should staff be sent home early to avoid difficult or risky journeys altogether? Should they allow their staff to drive for work when the weather makes such journeys especially dangerous? What legal outcomes could there be if an employee is killed or injured when making such journeys? What are their liabilities should someone fall and injure themselves?
There are two main types of legal responsibilities which can arise in connection with dealing with the issue of wintry weather. First, there are those based on the common law, where the legal outcome can be a civil claim for compensation.
All organisations owe a duty of care to those who, as far as is reasonably foreseeable, can be affected by their acts or omissions; that is, what they do and what they fail to do.
In essence, organisations have to take reasonable care of those who could be affected by the activities of that organisation. In practice, this means that an employee or a member of the public who slips on ice on a means of access provided by or in the control of the organisation can bring a civil claim against that organisation. It means that an employee who is killed or injured while driving for work in bad weather may be able to claim compensation against his or her employer.
Second, there are duties placed upon employers and others contained in statute law. Breaches of such statute can result in criminal prosecution leading to fines and, in extreme cases, imprisonment.
The fundamental applicable legal requirement is the Health and Safety at Work etc. Act 1974, which requires employers and others to protect their own employees and also third parties who could be affected by their work activities.
Central to dealing with these issues are the requirements of the Management of Health and Safety at Work Regulations 1992. Regulation 3 requires a risk assessment of all work activities and this will include considering the issue and effects of cold weather. The risk assessment should encompass all work-related risks which are caused or increased by winter weather. As always, the amount of effort spent on such risk assessments should be in proportion to the likely risks and outcomes and this should prevent unnecessary paperwork and bureaucracy.
Low temperatures in the workplace can increase a number of risks. The Health and Safety (Workplace) Regulations 1992, with its associated code of practice (ACOP), require the temperature inside workplaces to be reasonable. What is a reasonable temperature is dependant on the work activities and circumstances, and guidelines are given in the ACOP. For workrooms where there is no work which involves severe physical effort, eg an office, then the temperature should not drop below 16°C. There are many situations where this minimum temperature cannot be achieved, eg where food is handled. In these situations, warm clothing, time limitation in the cold areas, rest areas and similar measures should be taken.
Wintry weather can cause extreme risks and the effects of snow and ice can make driving very dangerous. The risk assessment performed under the Management Regulations should include driving for work, and should include giving drivers guidelines on driving safely during bad weather. Many organisations provide staff with a driving manual, which may include such guidelines.
In general terms, driving to and from work is not covered by health and safety legislation. How employees get to work is a matter for them, but it is a matter which can affect employers considerably.They need to consider the effects of bad weather on their employees’ journeys to and from work. They need to liaise with their HR departments or advisors to establish guidelines which minimise those risks.Guidelines may include allowing employees to work from home during bad winter weather, allowing employees to leave work early in light of bad weather forecasts, and issuing guidelines for safe driving techniques in snow and ice.
One of the most important and common consequences of wintry weather are the risk of slips as the result of snow and ice on walkways and paths. Employers have a duty not just to their own staff, but also to non-employees such as the public and other visitors. Serious injuries can result from slipping on ice and while prosecutions do occasionally take place following slipping accidents, potentially expensive civil claims are more likely.
Employers therefore need to be prepared for bad weather and take reasonable action to keep paths and walkways free from ice and snow. The risk assessment should have identified priority walkways and take appropriate action to keep them safe. This will include the use of salt and grit as well as warning signs.
If this year’s winter is as severe as last year’s was, then there will be many additional work-related risks for employers and others to consider. They need to take the effect of wintry weather into account in their risk assessments and ensure that they have appropriate precautions in place to properly protect their staff. Failure to do so could result in serious accidents and the potential legal outcomes which may follow.
Copyright © Article based on material obtained from Croner Consulting and reproduced with their kind permission
Published: February 2012 To the best of our knowledge the information is correct at the time of publishing. Whilst every care has been taken to ensure that the information provided is accurate, the Institute of Directors cannot accept liability for any errors or omissions. The Institute of Directors is not responsible for the content of any external internet sites listed. All information included on the iod.com site is intended for information purposes only. We make no representations or warranties as to the accuracy of the information contained on the iod.com site, and you should take appropriate steps to verify it. Please see the full Terms and Conditions governing its use.
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