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References Ø AS 1657-1992 Fixed platforms, walkways, stairways and ladders - Design, construction and installation 4.13 TRAVELATORS/ESCALATORSMany 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. ReferencesØ AS 1735.1-1999 Lifts, escalators and moving walks – General requirements 4.14 FIRE LIFE SAFETY – Essential ServicesThe 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 & RegulationsØ 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 COURTSWherever 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 DOCKSLoading 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. · 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 & FALLSWell 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 CAMERASThe 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 · 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 SECURITYThe 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:
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 AIMThe 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:
APPENDIX 3. RECOMMENDED MINIMUM LIGHT LEVELSNB: A minimum of 20 Lux is required in all areas.
NB: The Minimum Lux requirement is
known as the Maintenance Illuminance and takes into account the reduction in
illuminance that will occur over the maintenance cycle. This occurs due to
ageing of the lamps and dirt deposition on the lamps, fittings and room
surfaces. Therefore higher illuminances are required in the initial
installation of a lighting system. APPENDIX 4. SECURITY SUPPLEMENTReferences: Ø AS 4421-1996 Guards and patrols Ø AS 2201.1-1998 Intruder alarm systems - Systems installed in client's premises The following information is an extract from a report by the Australian Institute of Criminology which was first published in 1992. Some information and statistics may be out of date or no longer apply. Australian Names and Places have been deleted. Preventing Retail Crime Administrative and security systems Security goals and objectives The goal of any shopping centre developer or operator is profit, and every operating function within the shopping centre must ultimately be measured in terms of its contribution to profit. Since security cannot generate profits, its cost-effectiveness must be measured in terms of its contribution to the overall profitability of the shopping centre. To make this contribution, security must concentrate on two interrelated and equally important objectives: loss prevention - including crime prevention, and public relations, that is, making customers feel safe. Loss prevention Although many security directors still think in terms of crime prevention, loss prevention is more appropriate. Shopping centres must be protected from any loss, not just that arising out of crime (Potter 1984). For example, if a security officer sees spilled liquid on the floor that could cause a customer to fall and sue the mall management, he or she should call housekeeping and stand by till it is cleaned up. Similarly, fire risks should be reported. Crime prevention is an important part of loss prevention, and effective shopping centre programs can prevent criminal activity in three ways: Deterrence: Security must provide a highly-visible, effective deterrent to criminal activity. Adequate lighting, alert and aggressive patrols and appropriate physical security measures such as controlling access to non-public areas are all effective deterrents. Detection: While no retail facility can deter all criminal activity, crime can be prevented by the use of closed-circuit television and intrusion alarm systems followed by an appropriate response. Limitation of loss: Responses to crime or threats of crime must be designed to prevent loss of life and limit or eliminate property losses and potential liability. Where appropriate, shopping centre and tenant security personnel should coordinate their activities with any police or emergency services response. Loss prevention programs According to one American corporate director of loss prevention (Security Management February 1988), three key elements are necessary for successful loss prevention programs - clear guidelines, open lines of communication and motivation. Clear guidelines are imperative so employees know exactly what is expected of them. These should be in writing and be reviewed periodically to keep them up to date. Policies should be introduced to new employees in orientation classes or incorporated into employee handbooks which must be signed for and read. Periodic routine training programs should be held to review rules and procedures. Keeping employees conscientious is an ongoing process. Open lines of communication: Employees may be stealing to get back at the company or a supervisor. An open door policy that allows employees to feel comfortable discussing work problems may prevent this type of theft. If employees identify with the company, they are less likely to steal. Motivation: Money is not the only motivation. Company programs that show employees they are appreciated can help instill identification and prevent theft. Public relations Often the only visible, readily identifiable representative of shopping centre management is the security officer. A courteous uniformed officer can be a major public relations asset. Research has shown that the public react very favourably to security officers in police-style uniforms. To enhance their public relations function, some centres allow officers to help customers in car parks who are locked out or have mechanical problems. The experience of Horton Plaza is that security and marketing programs for developments must be designed to complement each other. Case study: overcoming fear of crime in Horton Plaza, San Diego, United States Before it could be developed as the cornerstone of the urban revitalisation of California's San Diego in 1985, the Horton Plaza had to overcome potential customers' fear of crime in the downtown area. To help them establish a framework for the Plaza's security program, Horton Plaza management analysed the police department's crime statistics for the proposed area, interviewed police and accompanied them on their beats, and held discussions with government and business leaders about problems and options for the downtown area (Brown 1987). Once all aspects of the revitalisation program had been researched, the developers set about convincing the public that their safety and security were being addressed. Security mechanisms included: · an electronic perimeter using passive infra-red detectors and CCTV cameras at all entrances to the Horton Plaza complex; · large numbers of well-trained security personnel; · a very aggressive patrol offering assistance of all types, for example, giving directions, reuniting lost people, locating lost vehicles, helping with keys locked in cars and getting mechanical help where necessary. Customers have to pay for parking in the Horton Plaza, and this has helped keep car theft down. Because of space restrictions in the paid parking lot, any person who does not have a claim check must present identification, which is then compared to the vehicle registration. As well panic/security stations were installed in all major thoroughfares in the parking station. All stations are identified by a bright red 'Security Assistance' sign with a button which opens a microphone feed when pushed. This action tells the security dispatcher where the call originated and lets him talk to the customer. If the button is pushed and nobody answers the security guard, security officers are immediately dispatched to that location. Closed-circuit surveillance cameras and special patrols are also used to instill confidence and deter crime in the car park. What sort of security force? There are three types of security programs available for shopping centres: a proprietary (in-house) security department, a contract security company, or off-duty law enforcement officers. Regardless of the source of security personnel, every shopping centre security program must: provide a secure environment for tenants, employees and customers; be cost-effective; and be defensible in court. Off-duty police for security Just as there are difficulties with using proprietary and contract security forces, using off-duty police as security officers in shopping centres can cause problems (Potter 1984). For example: · the primary allegiance of police may be to law enforcement in general rather than to the mall management, causing them to respond to outside police emergencies while on the job; · they can be expensive; and · the long hours involved in a full-time job plus part-time security work may make them less effective. There are advantages, however - they have full police powers; they come armed, equipped and fully trained; and they know how and where to get backup assistance. Whichever alternative is chosen, security managers should undertake the following. · Define the duties and responsibilities of all security officers, proprietary or contract, employed by or assigned to the shopping centre. · Determine whether or not the security officers will carry weapons. · Be responsible for the overall supervision and control of the security staff. · Determine the level of training needed. · Interview all security staff before employment or assignment and retain the right to terminate without cause. · Insist on adequate insurance coverage and require that the shopping centre be named as an additional insured party on the contract security company's policy. A certificate of insurance and advance notification of cancellation from the carrier should also be required. · Be responsible for all policies and procedures governing the conduct of proprietary or contract security officers (commissioning, power of arrest, apprehension of shoplifters, use of force, and involvement in tenant security matters). It is worth remembering that the shopping centre security manager will be sued along with the shopping centre for any torts committed by proprietary or contract security officers. In Boston, Philadelphia, Los Angeles and other United States cities, on-duty police officers are assigned to foot beats in urban malls. In many growing suburban communities, the need for more police stations is met by locating sub-stations in shopping centres. An extra benefit here is that police can train shopping centre security personnel. In many cases shopping centre security officers maintain direct radio contact with local law enforcement agencies to enable them to summon police help in emergencies. Many shopping centres employ a combination of security alternatives. For example, a number of malls use proprietary security officer for interior patrols and off-duty police to patrol parking lots. Others have found an in-house security director supervising contract security to be highly cost-effective. Advantages of choosing a contract security service include lower cost, availability, flexibility of scheduling and elimination of administrative overhead; however, while management can delegate the security function, it retains the responsibility and thus the liability. Security staff and police It is vital that security staff understand that their role is deterrence, not law enforcement so that they do not confuse their role with that of the police. Another way of preventing problems among mall security, tenants and local police is training retail sales staff to deal with emergencies. For their part, shopping mall managers can ease relations with police by responding to police requests when possible. Case study: preventing crime and allaying fear of crime at the State Street Mall in the Loop, Chicago, United States In 1977 Chicago instituted an $18 million redevelopment program to transform a crime-ridden section of its central business district called the Loop into the State Street Mall, a popular, exciting shopping precinct and tourist attraction. Marshall Field's, the huge retail chain represented in the mall, introduced its own security system (see Preventing retail crime in department & specialty stores), but officers of the Chicago Police Department's First District bear responsibility for law enforcement in the mall. The mall is closed to traffic other than buses and police cars, and the police patrol the mall in a special 'mall car'. Marshall Field's employs off-duty police from the city's elite tactical unit to protect its customers and the public. They help the store's security guards deal with pickpockets and other criminals who plague the downtown area. Retailers in the State Street Mall have cooperated by joining the Store Mutual Association (SMA) of Illinois, Inc, modelled on a similar association in Washington. It will serve as a clearinghouse for the collection and dissemination of information regarding individuals committing crimes against the member retailers. The Illinois and Washington DC SMAs have found the following initiatives helpful in controlling crime in shopping centres like the State Street Mall: · strong and visible perimeter security in each major store; · use of CCTV and related technology; · a 100 per cent prosecution policy clearly understood by law enforcement; · strong internal control and review of security personnel; · cooperation among all stores in their attempts to combat their common crime problems and public; and · public and private sector cooperation in crime control, including joint seminars on business crime and sharing resources to foster closer working relationships. On the public relations front, Marshall Field's, the Greater State Street Committee and the Chicago police department as well as other major department stores in the mall have joined forces, not only to fight crime, but also to enhance public perception of safety on the mall (Shealy & Levy 1985). Another measure tried in Chicago - and regarded as a partial success - was the establishment of a special shoplifting court (Shealy & Levy 1985). It ran into the same difficulties as other courts in obtaining convictions, but significantly reduced the time store security agents have had to spend in court. Case study: cost-sharing to fund a special police beat for a shopping Centre in Montclair, California, United States The opening of the Montclair Plaza in 1968 to serve the shopping needs of the residents of the greater Pomona Valley and the west end of San Bernadino County resulted in an enormous influx of population to the city during shopping hours. Comprised four major retail stores and numerous specialty shops, this shopping Centre attracted crimes such as shoplifting, cheque fraud, credit card fraud, car theft and burglary and theft from vehicles (Moulton 1983). The major problem turned out to be the number of police hours needed to process juvenile shoplifters, most of them first offenders. As the Centre had a relatively small private security staff, this placed an increasing burden on the local police force. Juvenile shoplifters: In the case of shoplifting, an extra-legal process was employed to reduce the police workload without 'jeopardising the integrity of the role of law enforcement in the prevention and reduction of juvenile delinquency' (Moulton 1983). In a one-stop resolution, juvenile shoplifters caught in minor incidents were contacted, identified and, after a strong warning that their next offence would result in formal arrest, released to parents or guardians without being officially booked. This reduced the police workload and kept juveniles out of the official juvenile justice system. Plaza policeman: With only 45 officers, the police department decided against making the complex a specific beat, believing it could not be justified in the light of total community needs. Instead, they proposed that the plaza sponsor an officer on specific assignment. When the plaza management vetoed this idea, the police resuscitated the special beat plan. After some negotiations, the plaza agreed to pay - in monthly installments to the city's finance department - 50 per cent of the beat officer's salary, including benefits based on a 40-hour week. Recognising that the program would be on trial, the police invited only highly-qualified personnel to apply, and selected an officer with 'intelligence, experience, personality and outstanding uniform appearance'. To prevent the officer being subjected to conflicting demands, the police and the plaza management hammered out a consensus on job design, specifically on responsibility, accountability and chain of command, The plaza provided the policeman with an office and equipment and he had separate access to the communications centres of both the plaza and the police department. Results: In the case of juvenile shoplifting, the unofficial 'release' program was carefully monitored, showing a recidivism rate for local residents of only 2 per cent and a slightly higher rate for juveniles outside the Montclair jurisdiction. According to the Montclair Police Department's Chief of Police, the plaza police beat worked well. Early figures showed a dramatic decrease in the incidence of theft from cars, theft of cars and arrests for shoplifting. In addition, the police helped train plaza security staff and in return gained invaluable expertise in shopping Centre security. This study shows that an escalation in crime related to the construction of a regional shopping Centre in California was checked by the designation of the Centre as a specific police beat funded 50-50 by the city of Montclair and the plaza management. First offence juvenile shoplifting was dealt with outside the juvenile justice system. Some Australian examples XXXXXXXX runs x shopping malls throughout Australia, but not all have a security force. It is not considered necessary in locations such as xxxxxxxx, for example, which attracts mostly young families with children and few juveniles. Where security staff are employed, they are not armed. Wxxxxxxx's policy is to encourage close relationships between centre management and local police, with police carrying out patrols in the malls (Xxxxx Xxxxxx, Xxxxxxxx, personal communication 1991). For a time xxxxx provided a police office in their xxxxxx shopping centre, and there is currently a police station in the xxxxxx mall in South Australia. At xxxxxxxxx shopping centre in Sydney's south-west, security staff have had to deal with tensions between groups of Lebanese and Vietnamese youths. Mall management has been cooperating closely with police on this matter, particularly with their Vietnamese Liaison officer. Police have also appointed a male and a female youth liaison officer, who are trying to build trust through the schools. (xxxxxx Police, personal communication 1991). Teenagers, loitering & rowdiness After car thefts and break-ins, the security problems most often cited in a 1985 survey carried out by the International Council of Shopping Centres were teenagers, loitering and rowdiness (Hunter 1988). The dilemma for mall managers is keeping disruption by teenagers to a minimum without alienating them or their parents. Proper training in security of staff is essential in managing teenagers without conflict. Security staff in Australia's xxxxxxxx chain of malls, for example, are trained to keep teenagers moving, and the design of mall furniture discourages loitering. They do not apprehend juveniles themselves, but call their parents, and if the offence is serious, the teenager is handed over to the police. xxxxxxxx teenagers' precinct will be open seven days a week till 11 p.m. It is blocked off from the rest of the retail complex, and will be equipped with its own three-person security force in peak use times. Though this may help control nuisance behaviour and theft within the centre, it will be left to the police to deal with probable increases in crime in the town centre and residential area near the Square. Such a facility is bound to be a magnet for both potential offenders and their victims. At xxxxxxxxxx shopping mall, seats are removed from areas frequented by teenagers - record stores, jeans shops - on Thursday afternoons and replaced on Friday mornings, after Thursday night late shopping (xxxxxx xxxxxx, personal communication 1991). There is no seating at all in xxxxxxxx, the new late-closing teenagers' precinct containing a dance floor, specialty shops and a 'family amusement centre' (including pinball machines). In Holland, some shopping malls have laid down rules for schools attending centres, established 'free' zones where the rules are suspended (if you can't beat them, join them) and brought youth workers into the centres (Sutton 1984). Shopping centre parking lots In a 1985 security survey of 50 managers of shopping centres of more than 27,000 m2 carried out by the International Council of Shopping Centres (ICSC), over a third of the respondents said their single greatest security problem involved vehicles - car thefts, break-ins and vandalism (Hunter 1988). Mechanisms for reducing crime in carparks - improved lighting, and CCTV, for example - have been implemented, with smaller, cheaper cameras with low light sensitivity, automatic focusing and programmable panning sequences. Radios are also more powerful and cheaper. To be cost effective, however, most experts agree that such technology must be planned into construction - or at least renovation - of a centre. Retrofitting can be expensive. Another way of solving crime in existing car parks is using environmental design techniques (Hunter 1985). · Natural surveillance can be effected by promoting family activities, and therefore foot traffic, around the parking lot and clearing storefront windows of promotional signs. · Controlling access to the lot by limiting entrances and exits can have a positive psychological effect on security. · Locating parking deep into the property increases pedestrian traffic and makes it harder for thieves to get away. · Loading docks should be made easy for police to patrol, or ideally, made visible from the streets police already patrol. · To make patrolling easier, cars should be laid out in lines, so security officers or police can see between them from patrol points. · If possible, the parking lot should be laid out for maximum visibility of all parts. The effect is circular. If a parking lot is safe and is perceived to be safe by customers, they are more likely to use the centre at night and odd hours. This increases the centre's productivity and makes the parking lot safer by increasing traffic. Pittsburgh reported a sharp decline in crime after it passed an ordinance in 1984 requiring closed commercial parking lots to have emergency buzzers on all levels, minimum lighting levels and security patrols. In Australia's xxxxxxxx malls, car parks at inner - city shopping centres are incorporated into the malls for improved security, though car parks in suburban malls are open. At xxxxxx in Sydney, for example, the car park is enclosed by a wall topped with security mesh and can be locked off by steel gates. Car parks are well lit with 4-5 metre high light poles with mesh-protected 50-lux bulbs. Car theft at xxxxxxxxx shopping centre has been all but eradicated by the installation of boom gates on the exits. xxxxxxx is following suit at xxxxxxxx and installing staffed boom gates at all entrances and exits at a cost of $1.35 million. Shoppers will get three hours free parking and pay $2 per hour thereafter; people not using the shops, commuters for example, will have to pay. It is worth noting that, according to police statistics, an intensive uniformed and undercover police campaign against car theft at xxxxxxxx in May 1991 had the effect of displacing theft of cars from xxxxxx shopping centre during the day to surrounding areas at night. It is highly likely that the new boom gates will also increase car theft in other parts of xxxxxxxxx. For further information on car parks, see Preventing Car Theft and Crime in Car Parks by Susan Geason & Paul Wilson, published by the Australian Institute of Criminology, Canberra in 1990.
Originally published: APPENDIX 5. FIRE SAFETY REGULATIONSRelevant extracts from the NSW Environmental Planning and Assessment Regulation of 2000:1. The following provisions of the Environmental Planning and Assessment Regulation 2000, in relation to annual fire safety statements and maintenance of fire safety measures, are provided below. Clause 175 - What is an annual fire safety statement? (1) An annual fire safety statement is a statement issued by the owner of a building to the effect that: (a) that each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing: · in the case of an essential fire safety measure applicable by virtue of a fire safety schedule, to a standard no less than that specified in the schedule, or · in the case of an essential fire safety measure applicable otherwise than by virtue of a fire safety schedule, to a standard no less than that to which the measure was originally designed and implemented, and (b) the building has been inspected by a properly qualified person and was found when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7. Clause 176 – Issue of annual fire safety statements(1) The assessment and inspection of an essential fire safety measure or building must have been carried out within the period of 3 months prior to the date on which the annual fire safety statement is issued. (2) The choice of person to carry out an assessment or inspection is up to the owner of the building. (3) The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed. Clause 177 - Annual fire safety statement to be given to Council and Fire Commissioner (1) Each year, the owner of a building to which an essential fire safety measure is applicable must cause the Council to be given an annual fire safety statement for the building. (2) An annual fire safety statement for a building: (a) must deal with each essential fire safety measure in the building premises, and
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