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#1 Posted : 21 January 2009 17:18:00(UTC)
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Posted By heather lucas I am aware that there are mixed views as to whether car parks should be gritted or not. If not gritted then any accident can be viewed as "an act of god". If gritted then the company gritting could be held liable if there was an accident involving people and or vehicles. Is there a preferred option. My view is that if taken to court at least an employer had been seen to act in a responsible manner. Our buildings may be have multiple tenants and we do hire out meeting room facilities to other bodies. Does this change the arrangement. Any advice, experience gratefully received please
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#2 Posted : 21 January 2009 17:38:00(UTC)
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Posted By Andy Barr Check HSE's advice on their Slips and Trips FAQs site - http://www.hse.gov.uk/slips/faq.htm#icyconditions
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#3 Posted : 21 January 2009 20:23:00(UTC)
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Posted By Barry Cooper Our company has a 5 acres site, with roads, paths etc all around the site. We have two car parks. We have 24/7 security, and they assess conditions, check the local weather forecast, and if necessary they call out the gritting company, any time day or night. Sometimes they get it wrong, either way, gritting when not required or not gritting when required. I believe we have done everything reasonably practicable I also believe that "not gritting" is not acceptable, and using the "act of god" excuse, is no excuse. Someone slipping on icy surface, when the weather forecast forecasts it, and the temperature falls below 3 deg, is foreseeable, and a company has not met its duty of care to its employees Barry
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#4 Posted : 21 January 2009 21:16:00(UTC)
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Posted By Tim Isn't there a common law duty of care here, if gritting is undertaken in car parks owned by others?
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#5 Posted : 22 January 2009 10:00:00(UTC)
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Posted By Kirsty Davies2 It is better to grit if the company can manage/afford it. Gritting does reduce the number of accidents therefore a good thing to do regardless of court cases.
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#6 Posted : 22 January 2009 10:10:00(UTC)
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Posted By Adam Worth 3 employees broke their necks slipping on ice but it's ok, it was to quote, "an act of god" Legal b>Moralb> b>Economicb> ?
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#7 Posted : 22 January 2009 11:18:00(UTC)
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Posted By NJS during my days at uni, i worked in a pub, we were told not to salt/grit the car park as this was deemed an admission of there being an ice/slip problem. One particularly customer slipped and broke her hip, the customer took the pub to court and won. it was deemed that we had not taken steps so far as is reasonably practicable. My boss still insisted we were not to salt the area, he even went as far as putting up a disclaimer sign which stated "please beware of ice, the ............. will not take responsibility for injuries caused".
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#8 Posted : 26 January 2009 16:38:00(UTC)
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Posted By heather lucas Dear all It would seem that basically you all concur with me - grit and at least you have done what is reasonably practicable. At least now I have the support of other safety professionals if one of our directors tries again to tell me otherwise. Thank you.
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