Each year, many employees and members of the public suffer personal injuries as a consequence of slipping and falling on ice and snow. It is a popular misconception that an occupier cannot be held liable for failing to clear snow / ice, but can be held liable once an attempt at clearance has been
made and then someone is injured.
The true position is that an employer/occupier can be held liable for ‘failing to act reasonably’ in order to prevent accidents. The key word is reasonably. It is far easier to defend yourself or your business by saying that you recognised that a slipping hazard existed and acted responsibly to minimise it, than you recognised the risk but did nothing in case someone tried to sue you.
The Health and Safety at Work Act 1974 and the Occupiers Liability Act place a responsibility upon the Employer/Occupier, so far as is reasonably practicable, that the means of access and egress from its premises are maintained in a condition that is safe and without risk to either its employees or other persons.
The approved code of practice which supports the Workplace (Health, Safety and Welfare) regulations states that "arrangements should be made to minimise risks from snow and ice. This may involve gritting, snow clearing and closure of some routes.….."
Employers, Owners and managers of establishments are responsible for ensuring that the means of access to their establishment is safe for both employees and visitors and that adequate rrangements are made to ensure that the risks from snow and ice are minimised. It is recognised that it is not possible to remove immediately every piece of snow or ice. It does however, require those responsible for premises to exercise careful judgement and prioritise de-icing and salting of key access routes. It is important to remember that once routes have been identified as needing to be cleared and initial clearing/gritting has been done that this is carried on and they are not allowed to refreeze giving glassy, icy surfaces.