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PUBLIC LIABILITY RISK MANAGEMENT

INFORMATION & RESOURCES

- Brought to you by Riskex Pty Ltd     

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GENERAL LIABILITY INFORMATION:

Air Conditioning and Indoor Air Quality

Airborne Debris

Balustrades

Car Parks

CCTV

Centre Vehicles

Electrical Safety

Entrances & Exits

Escalators & Travelators

Floors Surfaces

Playgrounds

GUIDE TO PUBLIC LIABILITY INCIDENT PREVENTION & MANAGEMENT:

DISCLAIMER:

This document is for general information only.  While it directs attention to and comments upon potential loss control issues, it is not intended to provide advice and no liability is assumed by reason of the information this document contains.

1. INTRODUCTION

Accidents and losses are costly and usually preventable.  We believe our clients would benefit from a pro-active loss prevention and incident management program as it is one of the most effective ways your firm can reduce costs, improve levels of service and increase efficiency.

This is of particular importance given:

·       The high standard of the businesses and properties operated by Riskex clients,

·       The expectations  of your customers and their perception of your organisation, and

·       The ever increasing size and frequency of liability damages being awarded through courts and the increasing awareness of consumer rights.

The implementation of a Risk Management Program helps control these costs and impacts. 

Liability incidents are perhaps the most unpredictable and can be difficult to prevent without a quality, systematic approach. Liability claims have the most potential to escalate over time with financially damaging results.

This guide has been produced by Riskex Insurance to assist our clients in understanding, identifying and controlling Public Liability risks. We have concentrated on the retail industry whose exposures are amongst some of the highest given the shear volume of public pedestrian traffic. However, the information and principles are also of interest to owners/manager of hotels, office buildings and other public venues.

1.1     LEGAL RESPONSIBILITIES

This is for information only and clients should seek independent legal advice where appropriate.

In addition to the previously mentioned financial implications there are compelling legal motivations for having in place an effective loss prevention and incident management system. 

An occupier has a duty to take reasonable care to maintain premises in such a manner as to make them as safe as possible for persons using those premises.

Recent court cases have established that the occupiers duty or obligation in any particular situation is dependant on the magnitude of any risk, the likelihood of an injury arising from that risk and the expense, difficulty and inconvenience of taking alleviating action to manage the risk.

That is, an occupier of premises must:

·       Identify an exposure or risk;

·       Make an assessment of the level of danger and the likelihood of the risk actually giving rise to an injury; and

·       Make an assessment as to the reasonable steps necessary to manage the exposure or risk.

In deciding what steps need to be taken in order to manage the risk the emphasis is upon the reasonableness of those steps. The Courts recognise that an occupier does not have unlimited finances, resources and time. What is usually taken into account when assessing negligence is the number of people who use the premises, the frequency with which hazards (spillages etc) occur, the extent of the danger and the size and type of the area involved.

It is important for an occupier to understand the practicalities of the legal process. This assists in managing public liability risks. It is necessary not only to take practical steps to avoid the occurrence of injury but also to take steps that will enable a claim, once made, to be properly defended. It is often forgotten that the plaintiff (person making a claim) in any proceedings bears an onus of proof in terms of showing that the defendant has been negligent and that the negligence actually caused the incident.

So, having assessed what could be done to manage a recognised exposure it is essential that clearly defined procedures to deal with actual incidents are put in place.

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 ac