1.2     INCIDENT MANAGEMENT 

How an organisation responds to an incident will have a significant impact on the size of the potential loss. The full magnitude of the loss may not be realised until years after the actual time of the incident for liability risks.

Our experience shows that the most critical time for action is immediately after the incident occurs. Prompt, appropriate action can have a significant effect on the final magnitude of any loss.

A good general incident management procedure will include:

·       Immediate systematic reporting of potential liability incidents to a designated company officer. All staff  (including casual and temporary) and contractors (including security and cleaners) should be aware of this requirement and trained in the procedures.

·       A specific form should be provided to record all relevant details of incidents and people involved.

·       Prompt reporting by designated company officer to insurance broker and/or insurance company.

·       All staff made aware that liability is not to be admitted to third parties.  

·       Offer immediate medical or other assistance to injured parties (without admitting liability).

·       Maintain contact with injured parties (as advised by insurance company).

·       A trigger to provide an immediate reaction to prevent further recurrence ie barricade area, mop up spills.

·       Written record of all written and verbal correspondence between you, the third party and any others involved.

·       With the insurers approval, rapid settlement of claims to “nip them in the bud”.

·       Prompt legal advice obtained where necessary via the insurer.

·       Prompt investigation of the facts surrounding all incidents by your own staff (for simple matters) or professional investigators if deemed necessary by the insurance company.

·       Recording of all incident data in a common data base for multiple sites to determine trends and prevention strategies.

 

2.    INTERNET RESOURCES

2.1     Australian Government Authorities

Comcare Australia - www.comcare.gov.au
With divisions on rehabilitation, legislation, prevention and OHS itself, Comcare's website has something of interest even if you are not responsible for Commonwealth Government employees. The publications section provides the full text of a number of booklets on a range of topics including managing occupational stress.

National Occupational Health and Safety Commission (NOHSC)- www.nohsc.gov.au
Worksafe Australia's website contains over 50,000 pages with capabilities to search all other Government Authority databases.

Northern Territory Work Health Authority - www.nt.gov.au/wha
Contains NT legislation and other safety-related information.

NSW WorkCover Authority - www.workcover.nsw.gov.au
Includes a history of the authority, a directory of its services and publications, full contact information, media releases and links to relevant government departments.

Queensland Division of Workplace Health and Safety - www.deter.qld.gov.au/hs
Provides an excellent information index on a wide variety of OHS subjects, together with OHS news and access to legislation and the division's publications.

Tasmanian Workplace Standards Authority - www.tas.gov.au
Includes information concerning health and safety, wages and conditions, rehabilitation and compensation, legislation and access to the Authority's publications, including an online version of Authority's quarterly magazine, Workplace Issues.

Victorian WorkCover Authority - www.workcover.viv.gov.au
An OHS information resource equal to that of the other statutory authorities, the Victorian site also includes access online to the statistical data available in WorkCover's annual report.

Workcover Corporation South Australia - www.workcover.sa.gov.au
This comprehensive OHS site includes statistical information about South Australian WorkCover claims, fraud prevention information, helpful details of OHS representative training and "Youthzone".  

Australian Institute of Criminology – www.aic.gov.au

The Australian Institute of Criminology is the national focus for the study of crime and criminal justice in Australia and for the dissemination of criminal justice information. The Institute draws on information supplied to it by a wide variety of sources and its policy advice is objective and independent. Some good articles about preventing retail crime and security.

 

WorkSafe Western Australia - SafetyLine - www1.safetyline.wa.gov.au
Perhaps the most sophisticated and comprehensive of Australia's safety sites, SafetyLine is perhaps most notable for its online interactive educational resources via the SafetyLine institute.

2.2    Australian general OHS

Standards Australia online - www.standards.com.au
The site provides regularly updated listings and summaries of the many Australian standards and draft standards issued by this organisation. And offers links to international standards organisations such as ISO and Standards New Zealand. The website also offers a virtually instantaneous method of leaving feedback on standards which are currently under review.

Australian Council of Trade Unions – www.actu.asn.au
This thorough ACTU site includes a worksite for students and updated information via publication of the "National Voice". It also features member chat rooms and links to various other union-oriented OH&S sites.

Australian Chamber of Commerce and Industry - www.acci.asn.au
ACCI is Australia's peak council of industry bodies and it provides a large website which includes a significant OHS section. As well as introductory material for businesses, the section provides policy papers, position papers and information papers on issues such as stress, AIDS and violence in the context of the workplace.

Department of Safety Science UNSW – www.argus.appsci.unsw.edu.au
Includes information about chemical safety and toxicology (CSAT), courses in safety science at UNSW and links to many interesting and unusual safety-related sites.

 

2.3    International general OHS

Internet Safety Resource – www.christie.ab.ca/safelist
This a site dedicated to safety links - 2,760 websites are listed alphabetically. The site also lists email addresses, chat sites, telnet addresses, newsgroups, mailing lists and gopher sites.

SafetyOnline – www.safetyonline.net
American site SafetyOnline provides a hub from which to explore the safety net with links to the leading providers of safety products, training and consultation and numerous other sources of OHS information. A safety forum and live chat section are also offered together with pages devoted to safety careers and 'hot topics'.

The Retail Safety Resource Page  - http://www.wenet.net/~stickley/safety/       This site was developed by the Manager of Health & Safety for a major department store in the US. He says: “I have found many occupational safety resources on the Net. Most of the time, they have helped me in some way as I try to reduce Workers Compensation and Public Liability expenses. As I pull together various Safety resources, I will attempt to place my favorites on this page for your continual use”.

 

2.4    Risk management

The Association of Risk and Insurance Managers of Australasia (ARIMA) – www.arima.com.au
Founded in 1975, ARIMA is a professional, non-profit representative body for risk management in Australia. Among other things, this site offers a forum for the exchange of views and experiences for those engaged in risk management, providing information about upcoming events and access to relevant articles.

Risk and Insurance Management Society – www.rims.org
This site features a research and education section which gives information about a variety of OHS conferences. Articles from "Risk Management" magazine can also be found here.

Australian Networked Information for Brokers And Risk Managers (ANTBAR) – www2.netro.com.au
Contains many recent articles expressing different views on risk management and information on new risk management products and services.

American Risk and Insurance Association – www.aria.org
As well as providing access to the Journal of Risk and Insurance, this site has a number of links to other US academic sites which focus on risk management.

The International Federation of Risk and Insurance Management Associations (IFRIMA) – www.rims.org
IFRIMA aims to promote risk management. Risk management information provided at this site has an international focus with an emphasis on sharing regional perspectives.

Go Safety Integrity '99 Audit – www.gosafety.aust.com/audits
A free audit based on the general duties provisions of Occupational Health and Safety legislation. The audit expands on these duties to help identify the extent of legal compliance and the degree of safety program development.

2.5    Fire safety

Firenet – www.anu.edu.au/Forestry/fire/firenet
This international fire information network provides relevant written information, data on training and links to associated sites across the world.

2.6    Emergency and first aid

Emergency – www.catt.rmit.edu.au/emergency
When prevention fails, emergency may follow and it's always good to be prepared. The Royal Melbourne Institute of Technology's Emergency Site provides the latest news and emergency documents together with a discussion room and a training room to test your knowledge.

Emergency Resource Directory – www.clarknet.com/erd/announce
This directory provides access to fire departments and other emergency organisations across the United States. It offers a large amount of information on emergency response and fire protection.

St John Ambulance Australia – www.stjohn.org.au
First aid news and information can be located at this St John home page. It includes a glossary of first aid terms and details of upcoming courses.

 

2.7    Safety products

Directory of OH&S products – www.ohs.com.au
A comprehensive site providing information on Australian OH&S products and services. Set up by safety consultant, Alan Iwanaw, this site is a directory of providers of safety equipment and also lists other relevant sites.

MSA Safety Products – www.msa-aust.com.au
Continuously updated information on MSA products grouped into a number of categories is offered here for quick reference. The site also adopts an interactive approach with visitors being able to lodge their address to receive regular product and catalogue updates or specialist safety publications explaining safety requirements.

Alsafe Safety – www.link.net.au/alsafe/products
Alsafe have identified nine specific components which they claim offer a complete picture of the 'safety equipment puzzle'. Hit their site to find out what they are and also gain access to the Alsafe range of personal protective equipment.

Ansell Protective Products – www.safetynews.com/ansell
Ansell's electronic information system, launched as part of the ASN Safety Network, aims to assist site visitors in making glove choices. It includes new product information, industry profiles, technical tips, product profiles, application advice and more.

Safety Equipment Australia (SEA) – www.seasafe.com.au
As well as details about SEA products, this site offers an information centre featuring many articles and papers on OH&S topics.

Safemate Antislip Systems - www.safemate.com.au
Slips and trips constitute a significant percentage of accidents each year. Safemate Antislip's website offers solutions to potentially costly slip hazards together with product details and access to sales information and enquiries.

 

 

4.    INCIDENT PREVENTION & MITIGATION

 

4.1     SYSTEMATIC APPROACH

Many of our clients already have comprehensive OH&S Management Programs in place. The principles of Liability Risk Management are identical and considerable efficiencies may be obtained by including the safety of members of the public into any systems intended to protect employees.  Examples are including Liability in OH&S Committee meeting agendas or adding additional Liability items to existing OH&S inspection checklists.

Liability incident statistics should be investigated and recorded using the same proforma as injuries to employees.

Further information about the Principles of Risk Management can be found in Australian Standard AS/NZS 4360: Risk Management and the associated handbook HB 142 A Basic Introduction to Managing Risk

4.2     POLICIES & PROCEDURES

The success of a Liability program (as with OH&S) begins with a commitment from the owner/managers of a site. This commitment to public safety should be included in the existing OH&S policy. Senior Management need to be seen taking an active and interested role in implementing and policing the policy.

·       Safe Operating Procedures should be documented for all relevant operations including security, spillage, maintenance, emergency evacuation, event management, hazardous materials etc

·       Systems should be in place to identify, assess and control hazards. Systems should include, formal inspections, complaints, reports, information from similar sites in other locations and incident statistics.

·       Controls should be in place for the selection of suppliers and contractors. All contractors should carry an appropriate level of individual liability insurance and there should be written indemnities in the event of contractor negligence.

·       Public safety rules and procedures should be written into all tenant and contractor agreements.

·       The responsibility of Staff for public safety and liability risk control should be included in any Job Description or Duty Statement.

·       The performance of contractors should be regularly reviewed and corrected if necessary.

·       All hazardous substances used should be listed in a manifest detailing the amount stored. 

·       Material Safety Data Sheets (MSDS) should be maintained for all hazardous substances.  These MSDSs should be used to assess the use of these substances, and identify the appropriate controls and storage arrangements.  Site Management should conduct the assessments for substances used by its own employees, and should require contractors and tenants to supply copies of the assessments that they conduct.

·       Likely scenarios that may effect members of the public such as fire, special events, power failure, flood, storm, structural failure, bomb threat, civil unrest etc should be identified and contingency plans developed including evacuation procedures.

·       All documentation including policies, procedures, manuals, rules & contracts should be reviewed and updated on a regular basis.

4.3     TRAINING

Managers, staff and contractors should be fully trained in the importance of ensuring the safety of members of the public and all procedures in place to achieve this. This should be included in initial induction and regularly reinforced. Any training should be documented and knowledge verified.  The training could include other relevant parties such as cleaners, security staff, & tenants.

Minimum training would include:

ü     Induction

ü     First Aid

ü     Emergency Procedures & Evacuation

ü     Incident Investigation

ü     Public Liability Responsibilities & Procedures

ü     Hazard Identification, Assessment & Control

·       Programs should be in place to motivate, recognise and reward actions that ensure public safety.

·       Tenants should also be made aware of liability and emergency procedures and regular updates provided for new tenant staff.

4.4     HAZARD IDENTIFICATION

Critical to the prompt identification and correction of hazards is a formalised and regular inspection programme. This should include basic daily checks and more in depth checks on a weekly and monthly basis. Checklists are useful in that they ensure that all relevant issues are considered however they can sometimes be restrictive or too focussed and not pick up on irregular situations. (see sample in Appendix 2). The checklist will however provide documentary evidence that an attempt has been made to identify hazards.

·       Identified hazards should be recorded in a log which then becomes the basis of an action plan which is regularly reviewed. A quality approach to hazard control will ensure that any controls implemented will be regularly monitored and reviewed.

·       Senior Management should be involved in regular review of the identification and control process.

·       Inspections should include the work or performance of contractors and tenants.

·       Systems should also be in place to collect and react promptly to information on hazards that arises

 

·       Risks can be highlighted informally such as customer complaints, tenant comments, employees reports etc.

·       The most important form of hazard identification is that associated with actual incidents.

·       Information should also be sought from various sources about hazards that have been identified at similar other organisations or sites.

·       A powerful activity is to have employees from other sites in the organisation, consultants or emergency services personnel conduct hazard inspections as this overcomes the problem of familiarity or conditioning.

4.5     CLEANING

The single biggest cause of Public Liability incidents is people slipping on water, other liquids and food stuffs.

·       A landmark case in 1992 involving the David Jones in Canberra highlighted that an adequate and well documented cleaning procedure can enable a retailer to successfully defend a claim for damages.  A customer slipped on a hot chip and chose not to accept payment of expenses but to seek substantial compensation through court proceedings. The Court found that although David Jones did owe a duty of care, it also had an adequate cleaning system in place and there was no evidence that a better one would have prevented the fall.

·       From the above case it can be seen that it is critical, to the defence of a claim, to have a well documented cleaning procedure and that these procedures are implemented at all times.  The procedures should include regular checks, spillage procedures, regular sweeping etc and a method to record that this was done. Recording methods can include CCTV cameras, log sheets, electronic wand and proximity readers.

·       The maximum numbers of cleaning staff should be rostered on during busy periods such as lunch time, school holidays, Christmas, weekends etc. Arrangements should be made for cleaning staff to take meal/rest breaks outside of peak periods.

·       Many retailers employ contract cleaners and have put the onus on the contractors to have a system to ensure a minimum standard of cleaning and also have a method of documenting compliance. Contracts should be very specific in this regard and performance regularly reviewed. The cleaning contractor must carry sufficient Public Liability insurance and this must be sighted and renewed annually. You should seek to obtain a copy of any insurance certificates.

·       Regularity of cleaning patrols is an issue mentioned in many court cases. 30 minutes was recently determined to be insufficient. Claims have been successfully defended where it could be proved that there were cleaning patrols every 10 to 15 minutes. 20 minutes would seem to be a reasonable limit, but again it comes back to the frequency of spills and the number of people using that area. To determine appropriate cleaning frequencies you should collect and analyse spill data (keep log books, map incidents etc) as it may be the case that cleaning patrols should be full time in some areas such as food courts. Overlapping of cleaners “zones” will increase frequencies.

·       Courts have been critical of large supermarkets in that they are sometimes only cleaned professionally at the beginning or end of each day and the spotting and clean up of spills is just one of the duties of Managers and Staff. As one Judge said “everybody’s responsibility was nobody’s responsibility”. Ideally there should be full time dedicated cleaning staff and regular patrols, particularly in fresh produce and dairy aisles.

4.6     LIGHTING

Adequate lighting is essential in reducing the risk of Liability incidents. In good light, not impeded by glare or shadow, hazards such as spills, height changes, objects etc are more easily seen and thus avoided. Lighting is also covered in other sections and Appendix 3 summarises minimum light levels. A light meter sufficient to allow a basic check of site light levels is available from electronic stores such as Dick Smith for around $100.

·       Maintain light fixtures. Clean light fixtures can improve lighting efficiency significantly.

·       Some areas (such as carparks) can be brightened by painting an area around the light fitting or the entire ceiling white.

·       Some sites have used creative means to reduce crime. For example blue lighting in restrooms can make it difficult for drug addicts to find a vein (although this has recently been overcome by users who mark a vein with a pen) and pink lighting can highlight blemishes and pimples on young people’s faces causing them to go elsewhere (similar to the playing of Bing Crosby music!).

REFERENCES

Ø     Building Code of Australia

Ø     AS1680 – 1998: Interior Lighting – Safe Movement

Ø     AS1680.1 – 1990: Interior Lighting – General Principles & Recommendations

Ø     AS1680.2.1 – 1993: Interior Lighting – Circulation Spaces & Other General Areas

Ø     AS1680.3 – 1991: Interior Lighting – Measurement, Calculation, & Presentation of Photometric Data

Ø     AS1428: Design For Access & Mobility

Ø     AS1735: SAA Lift Code

Ø     AS/NZS2293: Emergency Evacuation Lighting For Buildings

Ø     AS/NZS3827: Lighting System Performances

NOTES:

The BCA makes allowances for lower lighting levels where ambience is required such as cinemas, restaurants, night clubs etc

 

4.7     GLAZING

odern office buildings, retail sites and hotels make extensive use of glazing in doors, display windows, panels, enclosures etc. Such areas can result in a confusing pattern particularly to a first time visitor.

·       Make glass doors more visible to adults and children by placing decals or pressure- sensitive tape at their respective eye levels. Sand-blasted or etched designs serve the same purpose.

·       Keep doorways and areas that are close to glass panels free of tripping hazards.

·       Decals or tape will also prevent glass panels from appearing to be doorways. A large potted plant placed in front of the panel will distinguish it from a doorway.

·       Installing safety bars reduces the size of the open glass areas and lessens the chance of glass breakage. The bars should be at the door handle level on sliding doors and should be on both sides of a swinging door.  Where there is a chance of impact from things such as shopping trolleys then additional safety bars at appropriate heights should be considered.

·       The bans on activities such as skateboarding should be strictly enforced in areas adjacent to glass windows and doors.

 

Relevant Standards

Ø     AS2208 – 1978 Safety Glazing Materials for use in Buildings (human impact considerations)

 

4.8     ENTRANCES & EXITS

Entrances to shopping centres, hotels and office blocks should comply with the Building Code of Australia requirements.

·       All doors and entrances to non public areas such as roof top, plant rooms, storage cupboards, switchrooms, cleaning rooms etc should be locked at all times.

·       Revolving doors should have governors to limit speed to 12rpm and “slow down” buttons for access by less mobile visitors. The location of these buttons must be clearly marked.

·       Any doors that are required to be kept open should be fitted with permanently affixed jambs, chocks or latches. Wedges, bricks etc can cause trip hazards and result in the door being blown shut in strong wind.

·       Worn weather stripping should be replaced promptly.

·       Barriers should be installed to prevent pedestrians walking directly into traffic. (see photo 7)

 

    Outward opening doors should have barriers on either side to prevent passers by being hit by opening door.

·       Automatic door malfunctions may cause customers to walk into them and injure themselves.  Follow up on all door problems as they are reported. Regular inspection and maintenance of automatic doors and associated safety devices should be carried out. Detailed records, log books etc must be kept.

·       There have been numerous serious incidents involving children being hit by opening sliding doors or getting fingers trapped between the door and adjacent walls.  Doors should be examined for these hazards and controls implemented if necessary. (this is also relevant to lifts)

·       Glass panels either side of doors should be well marked well marked.

Relevant Standards:

Ø     AS 4085-1992 Automatic sliding door assemblies

Ø     AS/NZS 4290:1995 Design and installation of revolving doors

 

4.9     CARPARKS

Public carparks, particularly in shopping centres, have numerous associated risks. They usually have a steady flow of traffic, have children present and are obstructed by shopping trolleys, buses, gardens,  planter boxes etc. They are also frequently used by those whose driving skills are varied and who are not always familiar with the carpark’s layout.

·       An easy to use layout, adequate signs and conspicuous markings help make a carpark safe and attractive. The Courts favour the use of pictorial signs as they are quickly understood and assist those who cannot read English. One way traffic has advantages as long as directions are clearly marked to avoid cars coming from directions unexpected by pedestrians and other drivers.

·       Entrances and exits should be well marked, as few in number as possible, away from major intersections and wide enough to accommodate 2-way turning traffic.

·       Parking aisles should be perpendicular to buildings so that pedestrians will walk down aisles rather than between parked vehicles. Raised footpaths or marked lanes should be provided on main pedestrian routes.

·   Wheel stops are commonly used to control parking positions. These should not interfere with drainage and should be painted distinctive colours to reduce trip hazard.

·   Support pillars and other possible impact points should be painted in light bright colours to make them easier to see.

·   Gardens & foliage in carparks can cause numerous hazards including obstructing views, trip hazards from people taking short cuts, vehicle damage and bark or mulch spilling onto walkways. These should be well maintained and regularly checked.

Relevant Standards:

Ø     AS 2890.1-1993 Parking facilities - Off-street car parking

Ø     AS 1743-1992/Amdt 1-1995 Road signs - Specifications

4.10   FLOOR SURFACES

Many public areas may be exposed to hazards from slippery floors as winter brings increased rainfall. The main cause of slippery floors, stairs and ramps is water, often from umbrellas, shopping trolleys, raincoats and wet shoes.

Standards Australia have recently released AS 3661.1 Slip Resistance of Pedestrian Surfaces : Requirements and AS 3661.2 Slip Resistance of Pedestrian Surfaces : Guide to Reduction of Slip Hazards.

According to AS 3661.2, "There are a magnitude of situations where the provisions of this standard apply".

Listed in the standard are such workplaces as banks, commercial buildings and professional offices, educational institutions, factories, footpaths and roadways, hospitals and medical rooms, municipal and government offices, shops, theatres, cinemas, and concert halls.

AS 3361.1 specifies requirements for slip resistance of pedestrian surfaces by proposing coefficients of friction, and sets out test methods to measure slip resistance for dry and wet floors and ramps.

AS 3361.2 is less technical, containing advice on selection of flooring, slipping problems which can occur during installation of floors, care and maintenance of floors, and reduction of slip hazards on existing floors.

Selection of Flooring

Emphasis is often given to appearance and style by those responsible for the design and selection of floors, stairs and ramps, and inadequate attention given to selection of flooring to reduce slipping hazards.

A range of selection measures should be considered including:

·       Amount and type of traffic (vehicles, conveyance devices, people in a hurry, elderly, disabled)

·       Compatibility of surface with cleaning materials and hygiene provisions

·       Resistance to chemicals and other contaminates

·       Special provisions for slip resistance in normally wet areas (bath tubs, showers, sinks, and their surrounds)

Care and Maintenance of Floors

To ensure that slip resistance remains acceptable, flooring and other surfaces need to be kept dry, clean, free from oil, fat or other slippery substances and, where required, maintained with a slip-resistant sealant or finish.

Cleaning systems should be planned at the design stage, water and slippery substances (especially oil) eliminated, and the floor should be cleaned and polished so it remains slip resistant.

Regular slip testing on floor surfaces should be carried out to ensure that minimum requirements for slip resistance are being maintaine

Reducing Slip Hazards on Existing Floors

A range of measures can be used to improve the slip resistance of existing floors, including acid etching, sandblasting, painting, and application of adhesive strips.

The standard indicates which measures are most suitable for a range of common floor surfaces such as concrete, ceramic tiles, granite, marble, steel plate, wood, and PVC sheet or tiles.

Changes in floor texture (ie concrete to tiles) should be contrasted and highlighted.

Special industrial situations may require unique solutions to specific slipping problems.

The third part of AS 3661 is currently only in draft form (DR 92193:R) and has not been assigned a print date. AS 3661.3 Guide-lines for Selection and Care of Footwear for Slip Resistance will give "guidance on the construction, soling type, and sole tread design aspects of footwear selection to reduce the risk of slip".

References:

AS 3661.1 Slip Resistance of Pedestrian Surfaces : Requirements and AS 3661.2 Slip Resistance of Pedestrian Surfaces : Guide to Reduction of Slip Hazards.

AS 3661.3 Guide-lines for Selection and Care of Footwear for Slip Resistance

 
4.11   CONTRACTORS

Many contractors are not directly concerned for the safety of your customers and need assistance and close monitoring. For the purposes of risk management "contractors" can be considered in three categories:

1.     Contract Labour are usually from employment agencies, and are employees of that agency.  Typically these contractors work as if, in all other respects, they are employees.  These staff should be inducted, trained and supervised, as if they were employees.  Although their workers compensation is the responsibility of the employing agency, the "host" organisation has the same statutory responsibility for their safety as if they were employees. It should also be noted that the employing agency also has statutory responsibility for the safety of their employees, and have been prosecuted in New South Wales.  However, this does not lesson the responsibility of the "host".

2.     Independent Contractors are at the other end of the spectrum.  Typically these are organisations that provide specialised services on an as required or specific project basis.  These would include plumbers, electricians, maintenance and service personnel, builders undertaking renovations and consultants.  Often these contractors are proprietary limited companies, and may themselves use sub-contractors.  Usually they will be expected to be in control of the workplace, and provide their own safe work procedures and training.  If, however, such contractors are to work alone, then it is appropriate to ensure they are inducted into the site, appropriate to the risks to which they are exposed.  Typically such induction should include information and instruction on:

ü     Fire and evacuation

ü     Danger tag and isolation procedures

ü     Confined spaces

ü     Hot work cutting and welding permit procedures

ü     Personal protective equipment required on site

ü     Public safety rules (e.g. the use of warning signs when cleaning)

ü     Security procedures

ü     First aid arrangements.

3.     Contractors working under direction and control of the host organisation management and staff could include contract cleaners , trolley collectors, security personnel, and maintenance staff.  They may be employees of larger organisations, or independent self employed persons.  In some circumstances they may be deemed to be employees for some purposes (e.g. workers compensation), but non-employees for other purposes (e.g. unfair dismissal).

The level of liability for workers compensation, OH&S regulations, and for their actions and failures in the event of a common law action, will depend upon the particular circumstances of the relationship and the facts of the incident.

It is particularly important that the responsibilities of these contractors are very clearly established.  It is essential that their insurance coverage match these responsibilities. Such staff should be inducted, trained, and supervised to the same standard as employees. Copies of insurance certificates should be obtained and reviewed annually for all contractors.

4.12   STAIRS

Because stairways are not normal walking surfaces they require different walking habits so their use should be minimised. Shoppers often have their hands full carrying boxes or bags and should be directed to escalators, travelators or lifts

·       Treads & handrails should be highlighted so they are immediately distinguishable from the risers and wall surfaces.  Pedestrians are more likely to actually use handrails that are light coloured and kept clean. Handrails should be installed on both sides of a staircase. ·       The edge of the step or tread should be easy to see. Use contrasting carpet to distinguish the approach to stairs from the stairs themselves.  Uncarpeted stairs should have contrasting edges securely applied which can also increase the slip resistance on the edge of the stairs. (see photo 15) ·       Often fire exits and stairs are used as a public thoroughfare. If this is a regular known occurrence then action should be taken to stop it as these are often not designed or suitable for regular public use. This may also cause security concerns or impair the operation of life safety systems such as stair pressurisation.

·       Adequate lighting is essential and a single unit should not be relied on to light the stairs in case of failure. The light should be positioned so it does not cause glare or reflection. If the stairs lead onto an open space it is a good idea to block off the view so that it doesn’t cause a distraction. ·       Under the Building Code of Australia, stairs are required to be fitted with hand rails on either side if they are more than 2m wide and intermediate railings should be spaced at a maximum of 2m. (see photo 4) ·       Step treads must comply with AS1657 with regards to dimensions, but it is also critical to ensure uniformity. The slightest differences on long stair cases (dip, wider step etc) can throw out the “rhythm” of the pedestrian and cause them to fall.

References

Ø     AS 1657-1992 Fixed platforms, walkways, stairways and ladders - Design, construction and installation

4.13   TRAVELATORS/ESCALATORS

Many incidents involve misuse of escalators or transporting heavy goods, trolleys, strollers etc that are not meant to be carried on them. Some Centres have installed barricades to ensure that these are only used by pedestrians (see photographs 17&18). Signs should be provided to direct people to nearest lifts or ramps.

·       For security and liability reasons, any CCTV system should always provide coverage of these areas.

·       Warning signs are often placed on the inside of the escalator close to the skirting and may not be always clearly visible. These signs, wherever possible, should be more prominently positioned and pictorial.

·       Must be fitted with emergency stop buttons at either end. These should be recessed or covered to prevent accidental operation. Tenants and employees who work near escalators should be instructed on how to turn them off and on.

·       Landings at either end must be kept safe, clean and dry at all times. They should be part of the regular cleaning system.

·       There should be no obstructions such as displays, pot plants, rails etc to hamper movement of passengers.

·       There should be no distracting signs, displays, mirrors, strong lights etc to hamper concentration or vision.

·       Travelator treads should be coated with a non slip surface.

·       All required guards, skirts and comb plates should be in place and immediately replaced if damaged or worn.

·       Comprehensive maintenance program must be in place as per relevant Regulations and Standards. All maintenance, incidents and other issues should be very well documented. 

·       Whenever problems are noted the device should be switched off, barricaded and the maintenance contractors informed immediately.

References

Ø     AS 1735.1-1999 Lifts, escalators and moving walks – General requirements

4.14   FIRE LIFE SAFETY – Essential Services

The Building Code Of Australia, Australian Standards & Regulations provide strict requirements for the provision, maintenance and testing of essential services.

In NSW, under the Environmental Planning and Assessment Regulation of 2000 building owners or managers must, if their building was built or modified after July 1988, complete an annual  Fire Safety Statement. A copy must be sent to the Local Council and the Fire Brigade and also displayed prominently within the Building. (Sites in States other than NSW should consult with Local or State Authorities for Life Safety requirements).

Building owners or managers must appoint a properly qualified (knowledge of buildings systems, knowledge of Standards & Regulations) person.  All essential services and fire safety systems must be identified and audited against relevant performance standards. Any deficiencies must be noted and rectified. The Fire Safety Statement must be signed within 3 months of the assessment.

Essential Services & Fire Safety Systems includes:

ü     EWIS systems

ü     Automatic Sprinklers or other suppression systems

ü     Hydrants, Hose Reels, Portable Extinguishers & Blankets

ü     Fire Detection & Alarm systems

ü     Emergency Lighting & Exit Signs

ü     Fire Doors, Passageways, Fire Stairs

ü     Fire Dampers

ü     Escalators,  Travelators & Lifts

ü     Smoke Spill & Air Conditioning Systems

ü     Kitchen Exhaust Systems

Relevant Standards & Regulations

Ø     The NSW Environmental Planning & Assessment Act 2000

Ø     Building Code of Australia

Ø     AS 2293 Emergency Evacuation Lighting for Buildings

Ø     AS 1668 The Use of Mechanical Ventilation & Air-conditioning in Buildings

Ø     AS 1735 SAA Lift Code

Ø     AS 1851 Maintenance of Fire Protection Equipment

4.15   EMERGENCY PROCEDURE

·       All emergency plans and procedures must be based on the premise that the majority of people at the site are first time visitors and therefore things such as warning signs must be ample and well positioned

·       All sites should have a documented emergency evacuation plan as per Australian Standard AS3745 –1995.

·       Site should nominate a Head Warden and an appropriate number of Wardens (including contractors and tenants) who should receive regular training. 

·       Wardens and others in contact with the public such as receptionists should also receive training in bomb threats, hold ups and other possible threats.

·       Plans should be in place for not only emergency evacuation but also for the recovery from various disaster scenarios.

·       Any equipment or services associated with the safe evacuation of a site such as EWIS, emergency lighting, smoke control etc must be regularly inspected and maintained as per relevant standards.

References:

Ø     AS 3745-1995 Emergency control organization and procedures for buildings

Ø     VID 015-1995 Learn or Burn - Fire emergency training in shopping areas

4.16   TENANTS

Whilst it could be argued that a tenant is responsible for any incident as a result of their trading activity, these incidents would likely be reported initially to the owner/manager of the site and will reflect on public perception. Tenants can also assist in the reporting of spills and other hazards as well as initial handling of incidents and acting as witnesses during claim proceedings.

·       Lease documents should outline tenant responsibilities in regard to Public Liability.

·       Tenants should carry a minimum of $10million Public Liability Insurance

·       Tenants trading outside of their tenancy lines and encroaching on common areas is a very common problem in shopping centres and requires continual monitoring. Rules regarding this should be documented in tenancy agreements and tenants should sign documents indemnifying the centre from any liability cause by their trading. It should be noted that any liability coverage that a tenant may have is usually restricted to within their premises and will not cover injuries caused by their merchandising in common areas unless specifically stated. You should undertake regular inspections of tenant activities.

·       Mall trading can introduce trip & fall hazards, catch hazards, etc. There have been serious injuries to children in the past caused by collapsing displays. It is understood that many tenants feel they have to use the mall area to some extent and if this is to be condoned then the following is recommended:

ü     All mall displays must be sturdy, well balanced and safe. ie no trestle tables, no folding card type tables, no sharp edges or hooks, no stacking of products over 1m high (without being secured by chains etc) and no “A-frame” signs.

ü     Nothing placed in high traffic thoroughfares, adjacent to garbage bins or in the vicinity of seating.

ü     Fruit and vegetable shops should place non-slip mats in front of display boxes at the front of the store.

ü     Hardware stores display items such as ladders and wheel barrows both in front of the store. These are climbing attractions for children and should not be allowed.

ü     A daily inspection of tenant displays to ensure compliance with above. This could be an ongoing additional task also for cleaning and security staff.

ü     Florists should be encouraged to place mats or drip trays beneath their displays to eliminate water overflowing or dripping into walkways.

·       Fast food retailers who sell hot chips should be encouraged to sell the chips in bags rather than buckets (or both) and not to overfill them. This will reduce the incidence of chips dropping onto floors.

·     High Risk Tenants:  Some tenants tend to create more trip hazard than others.  These include take away food outlets, ice-cream sellers, and green grocers.  These tenants should be located in dead end malls, food courts, or specially food areas. Avoid placing such tenants adjacent to high risk and high traffic areas such as entrances, parking access, and escalators.

4.17   FOOD COURTS

Wherever food is eaten there are food spills.  Food courts should be placed out of the main thoroughfares to minimize pedestrian traffic.  At meal times, cleaners should pay extra attention to food courts, and consideration should be given to having a cleaner on standby in the area.

If take away food outlets are already located in malls with through traffic, avoid placing seating adjacent these locations.  Seating will encourage the consumption of food, and increase the risk of spillages in high traffic areas.  Seating should be placed in "dead ends" and out of traffic streams. Barriers should be erected to discourage “through traffic

4.18   LOADING DOCKS

Loading docks are particularly hazardous areas given unprotected platforms, mobile equipment, tight maneuvering areas, truck drivers not expecting to encounter cars or pedestrians, waste, storage etc etc. However they are not always subject to the same scrutiny as other more public areas.

·       All columns, ramps, services, walls and other potential impact points should be well marked by bright paint or reflective tape and protected by well marked crash barriers or bollards.

·       Tenants should be encouraged not to use loading docks as storage spaces for rubbish and equipment.

·       Loading docks should be very well sign posted to prevent traffic from inadvertently entering the area. Other signs should indicated heights, restricted access and speed.

·       Any rubbish bins should be emptied daily and combustibles removed or moved inside overnight.

·       All surfaces must be kept clean and free of sip and trip hazards. Wherever possible, ramps, stairs and platforms should have railing installed.

·       Where forklift trucks are operated they should be well maintained, used only by licensed employees and have flashing lights and reversing alarms.

·       Waste compactors should be fully enclosed and locked to prevent children, vagrants etc from entering them and being inadvertently crushed.

4.19   HOUSEKEEPING & MAINTENANCE

Good housekeeping is fundamental in  preventing liability incidents. It includes:

ü     cleaning all spills immediately,

ü     marking spills and wet areas,

ü     mopping or sweeping debris from floors,

ü     removing obstacles from walkways and always keeping them free of clutter,

ü     securing (tacking, taping, etc.) mats, rugs and carpets that do not lay flat,

ü     covering cables that cross walkways,

ü     address all roof and other leaks

ü     keeping working areas and walkways well lit,

ü     replacing used light bulbs and faulty switches.

·       Elements of an effective housekeeping program:

ü     Dust and Dirt Removal

ü     Public Facilities

ü     Surfaces

ü     Maintain Light Fixtures

ü     Aisles and Stairways

ü     Spill Control

ü     Tools and Equipment

ü     Maintenance

ü     Waste Disposal

ü     Storage

·       Effective housekeeping is an ongoing operation: it is not a hit-and-miss cleanup done occasionally. Periodic "panic" cleanups are costly and ineffective in reducing  accidents. 

·       Poor housekeeping can be a cause of accidents, such as:

·       tripping over loose objects on floors, stairs and platforms

·       being hit by falling objects

·       slipping on greasy, wet or dirty surfaces

·       striking against projecting, poorly stacked items or misplaced material

 

·       The final addition to any housekeeping program is inspection. It is the only way to check for deficiencies in the program so that changes can be made.

·       Areas that cannot be cleaned continuously, such as entrance ways, should have anti-slip flooring. Keeping floors in good order also means replacing any worn, ripped, or damaged flooring that poses a tripping hazard.

·       The maintenance of buildings and equipment may be the most important element of good housekeeping. Maintenance involves keeping buildings, equipment and machinery in safe, efficient working order and in good repair. This includes maintaining sanitary facilities and regularly painting and cleaning walls. Broken windows, damaged doors, defective plumbing and broken floor surfaces can make a site look neglected; these conditions can cause accidents and affect work practices. So it is important to replace or fix broken or damaged items as quickly as possible. A good maintenance program provides for the inspection, maintenance, upkeep and repair of tools, equipment, machines and processes.

4.20   MERCHANDISING

·       Cartons should not obstruct aisles. Merchandise should not be stacked so high that shoppers can be hurt by falling boxes, cans or bottles.  Heavy items, such as juice cans or glass jars, should be stacked on the bottom tiers of shelves or displays.  Customers should not have to step up on lower shelves to reach products on top shelves.  Do shelf heights accommodate the average person? Glassware and cutlery displays, in particular, should be stacked carefully and be located beyond the reach of small children.

·       Pegboard panels that hold nonfood accessories -- such as hardware and kitchen items -- should be adequately recessed so that extended J-hooks cannot cause injury to the eyes of a customer bending over to reach another item.

·       Aisles should be wide enough for the easy passage of trolleys.

·       Shelves should be stocked outside business hours whenever possible.

·       Lips or edges on shelves may prevent objects falling.

·       Boxes and other items placed on the floor under displays cause a trip hazard as people are distracted by the display.

·       Hazardous materials and items should be at least 1.2m above floor level.

·       Equipment and shelving should be maintained in good physical repair.  Jagged metal or sharp edges may cause injuries or damage clothing.

·       Temporary displays and stands must be positioned in a way that is safe and not cause any obstructions. These displays must be well constructed and secured.

In June 2001, the Shopping Centre Council of Australia published a mall merchandising policy and this can be found on their web site: www.propertyoz.com.au/scca
 

4.21   SLIPS, TRIPS & FALLS

Well over half the incidents resulting in injuries to the public and subsequent claims are the result of slips, trips and falls. The vast majority of falls occur on level surfaces rather than between different heights.

What is needed is:

1.     understanding how fall accidents happen,

2.     identifying the trouble areas, and

3.     eliminating or minimizing hazards of falling.

Slips happen where there is too little friction or traction between the footwear and the walking surface. Common causes of slips are:

·       wet or oily surfaces,

·       occasional spills,

·       weather hazards,

·       distractions,

·       loose, unanchored rugs or mats, and

·       flooring or other walking surfaces that do not have same degree of traction in all areas.

Trips happen when the foot collides (strikes, hits) with an object causing a loss of balance and, eventually a fall. Common causes of tripping are:

·       Obstructed view,

·       Poor lighting,

·       Uncovered drains or drain covers with large gaps,

·       wrinkled carpeting, broken/missing tiles

·       Uncovered cables & hoses

·       Subsidence or sinking of pavement or pavers

·       Packaging, products

·       Shop fittings, signs & displays

·       Wheel stops in carparks

·       uneven (steps, thresholds) walking surfaces.

Both slips and trips result from some a kind of unintended or unexpected change in the contact between the feet and the ground or walking surface. This shows that good housekeeping, quality of walking surfaces (flooring), regular slip testing of surfaces, selection of proper footwear, and appropriate pace of walking are critical for preventing fall accidents.

The injuries cause by falls can be made seriously worse if the person hits another object during or after the fall (fittings, displays, glass etc).

References:

Ø     Australian Standards Video: VID 013-1995 Keep it safe - Avoiding slips, trips and falls in public access areas.
 

4.22   CCTV CAMERAS

The best advice on the installation, performance, location and coverage of CCTV systems can be given by specialist consultants or contractors. However, we have made the following observations in working with numerous clients operating Shopping Centres:

·       The majority of Shopping Centres that have existing CCTV systems are considering the installation of additional cameras for varying reasons such as: “blind spots” discovered over time, requests from tenants for coverage of their shop front, new liability or security “hot spots” etc. It is therefore worthwhile installing a system that has expansion capabilities.

·        A new Shopping Centre recently negotiated with the cleaning contractor to have them fund the installation of a CCTV system to work along side the existing security CCTV system. The philosophy was that the cleaning contract specified a method of performance measurement and monitoring. Traditional monitoring methods such as wands and log cards only guaranteed a presence in the area and not an effective job.

·       It is rare that the use of video evidence will actually mitigate a claim although there has been well documented cases of blatant fraud detected (Penrith Panthers Leagues Club).  There have been cases mitigated by the defendant proving that they did everything practical (cameras, stringent cleaning frequencies etc) to meet their duty of care and therefore reducing the degree of liability. The greatest benefit of CCTV cameras is in deterring fraudulent claims and preventing legitimate incidents.  People intent on committing a fraudulent act will more than likely do so in a Shopping Centre not monitored by CCTV cameras.  Claims are sometimes withdrawn simply by telling the claimant that the alleged incident was recorded (or not recorded). Cleaning staff, employees and security staff will be much more vigilant in notifying and cleaning up spills etc if aware that their performance is being monitored by CCTV.

·       Theorists estimate that for every reported incident there are 10 unreported incidents and 600 near misses.   The analysis of only reported incidents provides limited data. If particular areas are watched for a period of time on the CCTV monitor then the occurrence of unreported incidents or near misses can provide valuable information in implementing controls to prevent serious incidents.

·       Customer surveys have shown that one of the most important reasons that a customer frequents a particular Shopping Centre is a feeling of security and overt CCTV cameras assist with that perception.

·       The existence of a few cameras can be used to create the impression of a more extensive system through the use of warning signs throughout carparks and malls and even the installation of dummy cameras.

·       It is worth considering the installation of external cameras to monitor ATMs, bus stops, taxi ranks and carparks.

·       There is some suggestion that digital recordings can be manipulated and therefore inadmissible as evidence. To date we are not aware of any case where the use of digital recordings has been successfully contested

4.23   SHOPPING TROLLEYS 

A common cause of public injury is people being struck by moving objects such as shopping trolleys. A fully laden shopping trolley could weigh over 100kg, be difficult to control on uneven or sloping surfaces and cause considerable damage and injury if out of control.

·       Shoppers may sustain injuries from shopping carts that are in poor repair.  Frequent inspections of carts for defective wheels, brakes, missing backs, child seats/restraints or broken handles should be made. Collection contractors should be instructed to regularly examine trolleys and quarantine any in poor repair.

·       If a shopping centre has travelators then all retailers within the centre should equip their trolleys with brakes/wheel locks. It is imperative that these brakes are continually inspected, repaired, adjusted and maintained.

·       Children left unattended may cause carts to tip over; a pictorial warning to that effect should be on each cart, or prominently displayed in several locations throughout the store.  Employees should be instructed to caution parents when they observe a child unattended or in a precarious position in a cart.  Some stores have now equipped their child carriers with seat belts.

·       In wet weather, returned shopping trolleys can result in a large amount of water on internal surfaces and extra precautions should be taken.

·       Outside the store, runaway trolleys may damage cars.  Customers also may carelessly push trolleys into other vehicles.  If the supermarket is located in a residential neighborhood, children may attempt to ride or race the carts through the car park; they may damage property or hurt themselves.  Prompt retrieval of trolleys from outside the store also will minimise these problems. Should an abandoned trolley be the cause of an automobile accident, the supermarket could be held liable for damages.

·       Trolley collectors are often small independent contractors. They must work to well defined procedures and carry adequate liability insurance. Copies of insurance certificates should be obtained annually.

·       Any trolley involved in an incident should be quarantined in case it is needed as evidence in claim proceedings.

The following information has been extracted from the WA Workcover Code of Practice for Trolley Collection:

·       Property owners, managers and retailers have a responsibility to ensure that trolley collectors or employees have means of access and egress enabling them to carry out their duties without risk to safety and health of customers their own.

·       Maintenance of shopping trolleys owned by retailers is the responsibility of those retailers.

·       Retailers should establish that the trolley collection contractor has the following:

ü     Workers’ Compensation cover

ü     Public Liability Insurance

ü     Supervision

ü     Safe Work Practices; and

ü     Is aware of any other statutory requirement.

ü     Written agreements

·       Retailers collecting their own trolleys should ensure they are secured after hours as far as reasonably practicable. 

·       Straps used to hold trolleys together should be lightweight, strong and not elastic. The use of elastic straps can result in death or serious injury. WorkSafe Western Australia has prohibited the use of elastic material for the purposes of securing/restraining shopping trolleys.

·       Plant and vehicles used by trolley collectors need to be properly maintained. Vehicles used in the collection of trolleys must be in good mechanical condition and licensed.

·       As a guideline, on a flat level surface in good condition, the maximum number of shopping trolleys pushed by only one person should be 12.

·       If two or more people are moving the trolleys (one pushing and the others guiding/pulling) then no more than 20 trolleys should be moved. In the event of a ramp, sloping car park, or other factor which increases the manual forces involved to move or guide the trolleys, then the number of trolleys should be appropriately reduced to a manageable number.

·       The public can be of great assistance in helping to maintain a safe environment for all. This can be achieved by encouraging them to:

a) Returning trolleys to collection points (some retailers have had success with a refundable deposit on trolleys);

b) Removing rubbish before returning trolleys;

c) Using trolleys only for the designed purpose;

d) Notifying retailers of faulty trolleys;

e) Whilst driving through car parks, being aware of trolley collectors; and

f)  Not taking trolleys away from car parks.

References:

Ø     AS/NZS 3847.1:1999 Shopping trolleys - For general use

Ø     WA Workcover Code of Practice for Trolley Collection

4.24   SECURITY

The security programme can make a significant contribution to liability risk control including:

ü     Providing a primary or backup control of contractors, such as issuing permits to work, controlling and recording access to plant rooms and confined spaces, ensuring compliance with public safety rules.

ü     Controlling access by potential vandals and those engaged in other high risk activity such as skate board riders, bike riders, and loiterers during and outside of open hours.

ü     Controlling car park vandalism and drug activity by the use of lighting, music, and anti-skate board ruts.

ü     Providing a first aid service.

ü     Providing hazard inspection.

 

5.1     SEVERITY LIST

Known or suspected:

·       Death ·       brain damage ·       amputation of part of body ·       disfigurement or severe scarring ·       impairment of vision or hearing ·       assault including sexual assault ·       severe back injuries ·       fractures ·       loss of earnings above $4,000

·       joint replacement ·       exposure to chemicals or hazardous material ·       wrongful imprisonment ·       hospitalisation ·       serious head injury ·       unconsciousness ·       profuse bleeding ·       severe lacerations ·       injuries to children under 18 years of age.

 

5.2     SECONDARY MATTERS

1.     Each physical location should identify a competent person (eg. manager) to be responsible for general liability matters at the location and to act as the contact person for Riskex and your insurance broker.  The name of an alternate or back up person should also be provided.

2.     The contact person will be responsible for: ensuring a system is in place in their location to capture all incidents; instructing all staff on how to handle incidents within at the location; initial investigation (eg: identification of witnesses, obtaining a basic idea of what they saw); accurate completion of incident report forms; notification to Riskex; making customer calls.

 

5.3     CUSTOMER CALLS

AIM

The customer call is essentially a customer relations call which we use to:

·       Demonstrate concern for the customer and, where possible, resolve the incident over the telephone.

·       Manage the customer’s expectations and inform them about the process.

·       Indirectly obtain feedback from the customer by which to gauge their stance on the incident eg. merely wanted their misfortune sympathetically acknowledged; they expect their medical costs covered and will take it no further if these are covered.

·       Obtain accurate and objective information as to the true extent of their injury.

·       Obtain further details relevant to the incident and quantum eg. whether they can still work, home care needs (how they are coping).

But, a customer call should NOT be made if:

·       The customer has appointed lawyers to represent them.

·       The matter is in litigation.

5.4     HINTS ON MAKING CUSTOMER CALLS

What to do when calling ……….

·       Listen to the customer and give replies which indicate you are listening eg. “yes”, “that was unfortunate”, “I see.”  You may find it useful with some customers to repeat in summary form the key points they have said to you.

·       Be courteous and caring in your tone of voice and in what you say eg “I am sorry to hear that.”  Show concern.

·       Let the customer express what is on their mind.

·       Accurately record on the incident report form all the customer tells you.

·       Ask open questions to obtain information indirectly eg. “What did the doctor say?”, “How are you now?”, “What are you doing about that?”.

What NOT to do when calling ………..

·       Interrupt or talk over the customer.

·       Argue with the customer.

·       Make suggestions on how to treat any injury.

·       Blame anyone or accept blame for what happened.

·       Agree to pay anything.

·       Answer questions you are unsure about (these should be referred to your state office who can call the customer again if need be).

5.5     FILE NOTES

Dated and initialled file notes should be made of every customer call.  All significant aspects of the conversation should be recorded.  Information which we are seeking from the customer call include:

·       Objective information about the injury and current condition of the customer.

·       Medical information following medical consultations.

·       Whether further medical visits will be required.  If so, when and for what purpose.

·       Information affecting quantum such as approximate age of the customer, whether they are able cope without domestic assistance from friends or relatives,

·       Customer comments which provide an indication of the customer’s attitude to the incident eg. aggressive, dissatisfaction, annoyance, anger.

 

The file note should finish with a clear conclusion as to what you think will happen next eg: we can safely close this file as the customer has indicated they will not be taking this matter any further OR the customer will see her doctor tomorrow so we should contact her again after that to see if she is OK.

5.6     HINTS ON COMPLETING INCIDENT REPORT FORMS

Please try to assist in handling incidents by:

·       Describing the event and injury in objective terms such as: she fell heavily; his left shoulder hit the ground; there was bruising over an area the size of a drink coaster but no bleeding; she complained of mild pain; he indicated severe sharp pain; she was only able to walk very slowly after the incident and limped; she seemed fully recovered after 5 minutes and completed her shopping unassisted.

·       Including comments which provide an indication of the customer’s attitude to the incident eg. aggressive, dissatisfaction, annoyance, anger, gratitude, dismissiveness.

·       Indicate if you know whether the customer was going to visit a doctor after the incident.  If the results of a doctor’s visit are known from the customer call please include this.

·       Indicate if you feel a further customer call may assist.

 

If there is insufficient space for any answer on the Customer Incident Report form for any answer it is important to still provide the full information.  Simply add this information to a separate additional page to accompany the Customer Incident Report form

5.7     INCIDENT INVESTIGATION

Is remedial action an admission of liability?

There is a common fear that action to prevent a recurrence of a public liability incident could be used as evidence of negligence.  Some organisations have expressed a reluctance to investigate such incidents, and have even failed to undertake some fairly obvious loss control actions because of these fears.

Common law actions are usually decided on the facts of the case.  Defending common law claims in the courts is very expensive and time consuming.  A particular case can often be settled for much less if it is settled early, before the claimant becomes aggrieved at the (perceived) failure to have sympathy for their loss.

It is therefore essential that the factual circumstances of the incident are documented while the information is still available, and memories are still fresh.  Counsel can then make an informed decision as to whether to settle the claim or defend it in court.

If remedial action is not undertaken, and a further injury occurs, then the organisation is placed in an indefensible position.  It is a fact of corporate reality, that control action is not going to be implemented without documenting the circumstances and action required.

For these reasons, it is, on balance, much better to conduct a thorough investigation of the incident, and determine the appropriate control action.  These investigations will need to be documented so that corrective action can be implemented and monitored.

Are there things that should not be documented?

Unless specifically prepared to defend a legal matter, all documents are potentially discoverable and may be produced in open court.  Never assume that this protection exists or will be operable for a particular document.

Incident investigations should only include observable facts.  There is no place for speculation as to what may have been the result of the incident.

Comments about other parties should be limited to the observable actions and behaviours.  Avoid loaded or emotive words, or opinions on any person's status, ethnic origin, medical state, or sobriety.  For example: "Mr.  Smith smelled strongly of alcohol, slurred his speech, and staggered when he walked.  " Is preferable to "Mr. Smith was drunk.  " If it turns out that Mr. Smith was diabetic, the affect of the latter slur, when read out in open court, could be very damaging. Take care in commenting on race, religion etc.

 

 

SAMPLE PUBLIC LIABILITY CHECKLIST

(use as is or may be modified to suit – available electronically from Riskex on request)

 

Date of Inspection:                                         Inspection by:

ITEM	ü     YES X    NO N/A	ACTIONS	By Who	By When	Completed
GENERAL
Emergency evacuation procedures in place & practiced?
Testing for water & air quality as per Regulations?
Adequate security?
Adequate disabled access?
Incident reporting procedure in place?
OH&S committee effective and discusses public safety?
CLEANING
Return point frequencies specified in cleaning contract
Return point frequencies regularly verified
Detailed and well known spill procedures
Schedule reflects peak periods
Wet floor signs in use
Regular slip resistance tests carried out
EXTERIOR
Footpaths & carparks free of potholes, tripping hazards, uneven surfaces or raised edges over 5mm?
Adequate lighting on footpaths & carparks? Any broken or burned out fixtures?
Drain pipes not discharging onto walkways?
Steps in good Condition and free of debris?
EXITS & ENTRANCES
Exits & entrances clearly marked & illuminated?
Emergency lighting functioning & properly maintained?
Any trip or other hazards?
Doors to non public areas clearly marked and locked?
Wet weather procedures and equipment in place?
Automatic doors functioning correctly and well maintained
INTERNAL AREAS
Tenants displays safe and within Tenants own insured area.
Doors to switch and plant rooms locked
Emergency exits/passages clear
Stairs & ramps- adequate handrails, slip trip, fall hazards
Children’s rides – no electrical or physical hazards
TRAVELATORS & ESCALATORS
Emergency stop buttons at both ends with protective covers? Functioning correctly?
Warning signage?
“On/Off” areas non slip, no trip hazards?
Adequate maintenance, barriers etc
No teeth missing from combs?
Procedures for crowd control during events?
CAR PARKS
Adequate signage – speed, height, pedestrian, speed bumps, directional?
No potholes, oil patches, missing drain covers?
Adequate security?
Adequate lighting?
No trip hazards, wheel stops painted bright,
Rubbish bins provided, emptied?
Adequate trolley bays, well marked?
All obstructions (columns, posts, kerbs etc) well marked?
Line marking (bays, pedestrian crossings, stop lines etc) adequate & in good condition?
LOADING DOCKS
Adequate vehicle impact posts and marked with reflective tape?
Adequate signage (height, restricted access, speed)
Loading edges marked with yellow?
Platforms free of slip and trip hazards?
Rubbish removed regularly?
Compactors locked & access restricted?