"Snow problem!” Ensuring employee safety in the snow

As employers, it is prudent to keep appraised with the weather conditions to ensure that employee safety remains paramount.  Preparation is key; employers should have policies in place to cover instances of adverse weather conditions, such as snow. Clear communications within the business are vital to ensure safety and business continuity. 

In the event of snow, employers have a duty under section 2(1) of the Health and Safety at Work etc. Act 1974 to ensure safety for their employees and others affected by their undertaking (e.g. contractors or the public when visiting site). Below we will explore what this duty can encompass: 

Cold weather policies 

A good place to start is ensuring that you have a policy regarding snowfall. It important to bear in mind that there is no standard policy. It is what is practicable and reasonable for the business. The policy may cover but is not limited to the following: 

• Responsibilities to monitor the weather when there is notice of adverse weather conditions. 
• Chain of command for communications to employees regarding the weather. 
• Preparations of anticipated snow by employees: can equipment be taken home to allow working from home?
• Actions to be undertaken as a precautionary measure, such as gritting the night before and who is to undertake this? 
• Making the workplace safe, including access and who is responsible for this.
• Methods of communication with employees outside of their working hours.
• Travelling to work when it snows.
• Can employees work from home?
• Instances if the workplace has to close due to snow, which could be for a number of reasons such as heating malfunctions internally making the workplace too cold, unsafe access due to snow, or building facilities or management not being able to arrive on site and thus the workplace cannot open. 
• Flexibility with start and finish times in periods of snow to allow employees to travel to and from work safely.
• Reviewing the effectiveness of procedures and controls following instances of adverse weather. 

Grey fleet driving

There is still a legal duty on employers to ensure their employees are safe while driving for work. Having employees driving their own vehicles for work purposes can present a particular problem in the event of adverse weather.

Risk must be considered and kept under review.

Before starting any journey, employees must conduct their own dynamic assessment of risk presented by the snow in addition to any pre-start checklist they must complete.  The advice from authorities such as the Met Office should also be heeded. 

Employees should be encouraged to make the decision to drive themselves. It is imperative that there is no expressed or implied pressure from management to drive in adverse snowy conditions. Any such pressures from management could result in disciplinary action. 

Training is key to ensure that employees are empowered to make a safe and appropriate risk assessment during periods of adverse weather. 

Ensuring safe working premises

The Health and Safety at Work etc. Act 1974 requires employers to ensure safety of their employees and others such as contractors or members of the public when visiting site.  Where there is snowfall or expected snowfall, employers must, where possible, ensure that the workplace is safe. This obligation not only includes the workplace itself but access to the workplace as well. It is important to bear in mind that not every place of work must undertake the same measures; it is what is practicable and reasonable in those specific circumstances, bearing in mind the specific risks that business has.

Risk to employees must be assessed and kept under review. Is it safe to open the workplace? Is it safe for employees to travel to work? Is the workplace capable of remaining safe? 

Where possible, entrances must be cleared and accessible. This may include clearing and / or gritting paths. Can mats be put down and / or, can areas be well lit to assist employees? It is also important to remember that fire exits must be clear at all times.  Whilst there is no legal minimum temperature for a workplace, the Health & Safety Executive suggests that a ‘reasonable working temperature’ should be achieved of at least 16℃ or 13℃ for strenuous work. Working temperatures are highly dependent on the nature of the business. Factors such as the work being undertaken, shift patterns and vulnerable workers (i.e. disabled, impaired or pregnant) must also be factored into when assessing whether the workplace temperature is safe.

If the workplace temperature is on the colder side, controls can be put into place such as portable heaters, warmer clothing and encouraging regular warm-up breaks. Employees should be notified about how they can report cold conditions and encouraged to raise any concerns regarding the temperature. 

Additional signage in the workplace may be of assistance in alerting employees to areas of risk, such as wet floor signs or signs to take care. Areas with heavy footfall may present a particularly high risk of injury due to wet floors. Precautions are recommended for these areas, such as mats, and warning signs at entrances/ exits and communal spaces. Every workplace is different and therefore assessments and inspections of areas of heavy footfall are important. It is recommended that you to monitor the areas to ensure any wet floors are cleared to minimise the risk of any accidents. 

The Occupiers Liability Act 1957 also plays a significant role when it comes to safety of premises. Under that Act, an occupier must “take such care as in all the circumstances of the case is reasonable to see that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there”. This obligation extends beyond employees and covers lawful visitors to the workplace such as clients, contractors and members of the public, this is also echoed within Section 3 of the Health and Safety at Work etc. Act 1974. Additional considerations for those who are employees must be given. For instance, is there an on-site car park just for visitors? If so, this must be cleared and made safe. In circumstances of severe snow, an office/site induction may be necessary to ensure that visitors are informed of the relevant risks and how to stay safe. 

Closure of the Workplace 

Risk must always be kept under review and risk assessments of the workplace are essential. It is important that a clear evidential trail is documented for your risk assessments and control measures that have been implemented. 

If, having put in place all reasonably practicable control measures to control risks on the premises, the risk is still assessed to be intolerably high, then consideration will need to be given to closing the workplace to all, or limiting the number of staff or activities taking place on site. 

A temporary closure will have to remain in place until the high risk(s) identified return to an acceptable level, this may still involve some control measures have been put into place. 

Safe working on ‘Snow Days’

If the decision has been made to allow employees to work from home, employees must undertake a risk assessment to consider whether they are able to carry out their duties from home safely and how any risks can be reduced. As an employer, you must ensure that the employee can still do their job safely at home, this may also involve checking that there is a suitable workspace. In many modern “hybrid working” businesses, this will already have formed part of assessments for working at home for business as usual.

Weightmans has a dedicated team of specialist health and safety solicitors that can advise businesses on duties and responsibilities, and in the immediate aftermath of a serious accident in the workplace.
For more information on the potential impact of cold weather conditions, contact our health and safety solicitors.