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#1 Posted : 10 July 2006 12:30:00(UTC)
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Posted By Susanlynch Good morning all, Happy Monday. I was wondering if anyone could help me please? have a client at the moment, large retail chain in Ireland (food shops and supermarkets). I am giving them advise on their floor inspections and am looking for case law reference I can give them for a precedent set down. I cannot for the life of me find either the case or reference to it and I was wondering if anyone could tell me. As far as I can remember it is an Irish case but could however be an English one, it concerned what is reasonably practicable re. floor inspections of a shop floor. There were two cases before the courts in a relatively short period of time, one supermarket had pre-determined times for checking floors which was then ticked by members of staff, the other supermarket had just a blank sheet on which staff wrote the time and initialed when floor sweeps were done. The courts found that the blank sheet approach was better standard as the first supermarket was expecting staff to adhere to certain exact times for floor sweeps which was setting an almost impossible goal for staff to adhere to. If anyone could help me with this i would be very very very grateful! kind regards, Susan Lynch
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#2 Posted : 10 July 2006 12:57:00(UTC)
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Posted By stephen dean I think the case you are looking for maybe Tesco vs Ward. From memory this is yoghurt on the floor for 20 mins
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#3 Posted : 10 July 2006 13:55:00(UTC)
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Posted By Susanlynch Stephen, Fair play to you, looking it up now, thanks a million, I'm going simple here trying to remember it.
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#4 Posted : 10 July 2006 14:17:00(UTC)
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Posted By Susanlynch Stephen, That doesnt appear to be the case which Im looking for. In the Ward case there were no documented inspections at all, is there any chance you might know the one Im referring to? Sorry to bother you, Thanks a million, Susan
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#5 Posted : 10 July 2006 14:34:00(UTC)
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Posted By jackdaw Susan, Saw this case which relates to floor cleaning / inspections. Green v Asda Store Ltd; Green slipped on single grape on floor and claimed damages for negligence. Asda showed that they operated a "clean as you go" system under which employees were to be alert to spillages at all times - because of this it was found that Asda was not negligent because the slip hazard could have only been there for a very short time.
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#6 Posted : 10 July 2006 14:43:00(UTC)
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Posted By Susanlynch Good afternoon Jackdaw, I dont think this is the case as here there were no documents of inspections either. Basically my client runs a large chain of supermarkets and currently has checklists which staff tick, they say 1pm, 2pm, 3pm, 4pm, etc and the staff tick when complete (or all at the end of the day as I witnessed while on site) I am looking for them to change this system sto that colums are blank and have a heading of 'time' so that when staff actually perform the inspection / sweep of the floor they then write down the actual time and initial also. There is case law to support why this system is preferable over the 9am, 10am, etc system, which has completely fallen out of my brain it seems... Sorry for being a nuisance... Susan Lynch
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#7 Posted : 10 July 2006 20:50:00(UTC)
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Posted By biddy this may be of interest All employees participate in a “clean as you go” regime. n “Clean as you go” methodology should be “dry cleaning” where practicable e.g. use a paper towel to absorb a spillage rather than creating a greater surface risk with “mop and bucket”. n Thorough ‘wet cleans’ to be designed to cleanse floor and remove all contamination. Where practicable, such cleans should be cordoned off until returned to a dry state and done at time of day when pedestrian movements are at their lowest. n Employee training provided to ensure they apply the correct cleaning technique for the respective contamination encountered. n Active monitoring techniques are recorded to demonstrate employees are working to “clean as go” routine. These can be included in manager/supervisor’s responsibilities and more formally perhaps by departmental audits that score housekeeping performance. n In premises, which the public have access to, regular inspections of the thoroughfares should be recorded at least hourly. here http://www.qbe-europe.co...0Trips%20and%20Falls.pdf
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#8 Posted : 11 July 2006 09:24:00(UTC)
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Posted By Susanlynch Hi Biddy, Thanks a million for your post, I came across that myself yesterday when I googled for same..! The case I am looking for is literally about the documenting of floor inspections, whether the time should be pre-determined, or written down when the inspector has completed inspection. Have meeting with client tomorrow so the pressure is on, have gone through Ray Byrnes book cover to cover and done about 15 google searches, have checked the HSR search engine also. No sign. Any other information would be greatly appreciated. Many thanks Susan Lynch
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