Canadian businesses should be “very worried” about ice slips and falls
In anticipation of this, Ecclesiastical Insurance recently made several of its winter risk management materials available to use for any Canadian business looking to mitigate any extreme cold risks.
Insurance Business spoke with Colin Robertson, chief underwriting officer and vice president of risk control at Ecclesiastical, to learn more about how dangerous these risks are – particularly on the side of slip and fall cases.
Ecclesiastical Insurance recently made available a suite of resources on winter risk management resources. How much of a problem does winter weather pose for the average Canadian business?
The nature of the changing weather patterns throughout the year in Canada means that different weather-related risks are important for businesses to pay attention to, whatever the season. We believe that education, and preparation, will reduce hazards – and most importantly keep people safe, communities together and properties protected.
Slips and trips from ice or snow, damaged properties from flooding, frozen pipes or malfunctioning automatic fire sprinkler systems, and damage to property or equipment due to windstorms, are just a few of the risks that we educate our customers about. We provide tips, checklists and templates as well as educational bulletins, white papers and videos on many aspects of risk control, including many weather-related materials. These can be found on our Risk Hub at ecclesiastical.ca. We welcome anyone to access these materials.
Let’s specifically talk about slips and falls; how much of an issue is this for Canadian businesses?
Slips and falls are the most common cause of serious injury in the workplace with thousands of injuries occurring each year. Yet many of the factors that can cause these injuries can be addressed through effective property maintenance and housekeeping.
A slip and fall can result in serious injuries, and there are legal obligations that an organization’s management team should be aware of. In Ontario, for example, under the “Occupier’s Liability Act”, the onus is placed on the property owner to ensure safe conditions for visitors to the property. Similar legislation exists in many other Canadian provinces.
If someone is injured in a slip and fall, the organization must be prepared to demonstrate that an appropriate standard of care was provided. The following criteria are generally applied:
Whether the danger was foreseeable
Whether the occupier’s conduct was in accordance with acceptable standards
Whether there was an adequate system of inspection in place and being carried out
Whether the danger was allowed to exist for an unreasonable amount of time
The ease with which the danger could have been prevented
Instituting risk mitigation tools, like a Snow and Ice Clearing Program, education of staff, volunteers and visitors, posted safety information and ensuring the property is safe, are all items that will go a long way to reducing the risk of slips and falls on an organization’s property.
At Ecclesiastical, we take the topic of slips, trips and falls seriously and have developed several resources to help, including a training module at the Ecclesiastical Specialist School™. The course, which provides a certificate upon completion, is free to access, and provides advice on risk mitigation techniques, as well as solutions for organizations wanting to learn more about keeping their people safe.
How worried should Canadian businesses be by the litigation resulting from a slip-and-fall incident?
Very worried. Claimants have up to two years to submit a claim for bodily injury, and therefore mitigating risk and keeping accurate records are of paramount importance for Canadian businesses wishing to defend a slip and fall suit. With some planning and safety changes, many of these injuries are preventable, and we encourage our customers to do the preparatory work to keep their staff, volunteers, and visitors safe.
What are some simple steps for Canadian businesses to prevent snow and ice risks?
We believe preparation is key. We recommend best practices that organizations should adopt to ensure they manage their risks in relation to snow and ice removal. Organizations should establish a Maintenance Committee, have clear and agreed procedures for snow and ice removal, keep an activity log detailing what was done and when, have appropriate supplies on hand (i.e., salt, sand and ice-melt) and ensure all snow removal equipment is regularly maintained and ready to use.
As we move towards spring thaw, this can often create conditions that lead to property damage and, more importantly, bodily injury. By law, it is the responsibility of the occupier (whether an owner or a tenant) to ensure that conditions are safe for people using and/or visiting the property. If there is an injury, the occupier must demonstrate that an appropriate standard of care was applied. Given the potential risks and liabilities, it is especially important to understand the hazards of spring thaw and to develop grounds maintenance procedures to minimize or eliminate risks. By planning ahead and implementing best practices, organizations can manage risk better, help ensure the safety of everyone who uses the premises and protect the property.
