Jump to content

Official Health/Safety response on clearing pavements


Recommended Posts

The issue of liability if somebody were to slip on a pavement that you have cleared is nothing to do with Health and Safety Law. Your newspaper reviewer (on 5 Live) has either misunderstood or misquoted the Institution of Occupational Safety and Health.

For many decades it has been a matter of common law negligence, established by the courts, that snow on the ground is a natural peril whereas a badly cleared pavement is the fault of the person who failed to clear it properly - hence they can be sued for negligence.

It is very difficult to clear snow effectively unless you have adequate salt and equipment. A badly cleared pavement is more slippery than one with snow on it. Therefore the advice not to attempt to clear it is both sensible and practical as well as being a matter of avoiding liability.

It is neither funny nor clever to keep criticising H&S which prevents many workplace accidents and deaths - this country is one of the very safest in the world.

Regards,

William Jackson Senior Health and Safety Consultant Chartered Member of The Institution of Occupational Safety and Health

It appears that the view of this person is not to clear paths unless you have the right tools for the job. Very sensible however there is also the question over personal responsibility by the person who chooses to walk on the path. If the path wasn't cleared properly but the person still chose to walk on it and then slipped and fell, then surely liability would also fall upon the individual?


I tend to agree that health & safety sometimes is unfairly targetted however there are more issues with how H&S is abused by those who use it as an excuse to introduce a change for other reasons that aren't so compelling. Schools being closed due to snow could be seen as an example of this in some circumstances. As is often the case, it's not the legislation itself that is wrong, it's how it is interpretted and wrongly used that is the real problem here.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Latest Discussions

    • https://www.assistancedogs.org.uk/information-hub/assistance-dogs-emotional-support-dogs-and-therapy-dogs/   hello   i’d be interested to understand if anyone.has experience of Assistance Dogs especially for autistic children of different ages for emotional support and therapy   There was a prior thread on this topic on EDF 10 hrs ago but it had limited experiences and there was a (claimed) change in UK legislation in 2019. Whilst the industry appears unregulated/unlicensed, there are several providers (approx 15, perhaps more) who claim to have fully trained dogs or say that they can help families to train a puppy/young dog over the 18-24 months.  The latter obviously comes with a need for strong commitment to the challenge. Costs for a fully trained assistance dog are quoted at £13-15k albeit they claim £23k total cost to train the dog. On the one hand, this could potentially be a useful solution for some families if such a dog was truly trained as their websites claim and such a dog was accepted in public places and schools etc… On the other hand, I don’t think that I’ve ever seen an assistance dog of this type or in this context (only for a blind or partially sighted person) and hence a real risk of fraud or exploitation! The SEN challenge for families coupled with limited resources in schools or from local authorities or the NHS as well as the extremely challenging experience of many families with schools offering little or no support or making the situation worse leaves a big risk of lots of different types of fraud and or exploitation in this area.          
    • Hi there  We live on Woodwarde Road backing on to Alleyns Top Field.  Our cat Gigi has gone missing — it’s been about 24 hours now. She is a cream Bengal. Could you please check sheds, garages, or anywhere she might have got stuck please? And if you could keep an eye out or share on any local groups/forums, we’d really appreciate it. Photo attached.   Thanks so much! My name is Jeff on 07956 910068. 
    • Colin.    One for the old school.   Just saying.
    • Signed, and I will share it elsewhere, thank you for posting this. It's got nearly 70,000 signatures at present, and apparently runs till February.
Home
Events
Sign In

Sign In



Or sign in with one of these services

Search
×
    Search In
×
×
  • Create New...