Ice and Snow Clearance

Peninsula Team

December 18 2013

The Safety, Health & Welfare at Work Act 2005 requires employers to ensure the workplace is as safe as can be reasonably practicable. This includes minimising the risks from snow and ice. A sensible approach is required. They don’t have to clear every pathway but they should identify and clear key routes. It might be sensible to close a main entrance, using instead a side entrance path which is easier (it could be shorter) to clear, for the duration of the bad weather. Where paths are closed make everyone aware of the fact; temporary direction signs may be necessary. Salt or grit should be used where appropriate. Prudent employers will have a supply of rock salt or winter grit available for use before the bad weather comes in. It really is too late to leave ordering it until the snow has arrived. Everyone wants it, it’s hard to get and the price goes up. A sensible and reasoned approach is required.  The law expects people, including employees, to be aware of the risks associated with ice and snow and to take extra care for their own safety. So where a reasoned and sensible approach can be demonstrated liability will be unlikely. Government advice on rights and responsibilities when clearing ice and snow from public areas clearly states that people using areas affected by snow and ice have a responsibility to be careful themselves. It confirms that if an accident did happen it's highly unlikely that you would be sued as long as you were careful and had used common sense to make sure that you didn't make the pavement or pathway clearly more dangerous than before. “The Deputy sought clarification and advice with regard to liability for members of the public when clearing snow from outside residential and business premises. There is clear advice from the Attorney General. The issue of liability does not arise for snow that is cleared in a safe manner. If a pavement is cleared in a manner that disposes of snow so as not to create any obstacle or hazard, there is no issue of liability…” An Taoiseach Brian Cowen, Dáil Order of Business, 1 December 2010. Tips for clearing snow:

-          Always start early - it's much easier to clear fresh, loose snow compared to compacted ice that has been compressed by people walking on it.

  -          Clearing snow can be demanding work - only delegate the task to staff who are reasonably fit and do not have any underlying medical conditions, this is especially relevant if this type of work is not part of their normal duties.   -          Make sure those doing the work wear sturdy, insulated, waterproof footwear with good gripping soles   -          Don’t use hot water – although this will melt the snow, it may replace it with black ice, increasing the risk of injury.   -          When shovelling snow, think about where you are going to put it so that you don’t block people’s paths or drainage channels.   -          Make a pathway down the middle of the area to be cleared first, so you have a clear surface to walk on.   -          Spread some salt on the area you have cleared, it will help stop ice forming - table salt or dishwasher salt will work, but avoid spreading it on plants or grass which salt may damage.   -          Remember salt does not work at temperatures below -9 o C and relies on traffic movements to make it effective. 8 to 10gm (roughly a tablespoon) per square metre is the normal rate of application when snow and ice is expected, but       40gm per square metre is required to clear a build-up of snow or ice.   -          Pay particular care and attention to steps and steep pathways - they may require more salt than other places.   -          Use the sun to your advantage - removing the top layer of snow will allow the sun to melt any ice beneath; however you will need to cover the melted path with salt to stop it refreezing overnight.   -          If there is no salt available, you can also use sand or ash. They don’t work as well as salt, they won’t stop the path icing over, but will help provide good grip under foot.   -          Be a good neighbour - some people may be unable to clear snow and ice on paths from their property. Similar to most workplace tasks, the clearance of snow and ice requires some planning and forethought – in legal terms this is known as Risk Assessment and it is a duty of every employer to assess the tasks which may cause harm to employees or others.  If you need advice on Risk Assessments call Peninsula Business Services (Ireland) Ltd on 0818 923 923.

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