Some of the problems encountered when seeking to tackle slips, trips and falls related to the way in which they are perceived. Slips and trips do have comedic value and tend to not be taken seriously until they lead to injury. There is also a misapprehension that slips and trips are inevitable and will happen, which leads to an ignorance towards those things that can be done in order to prevent them. The law states that businesses must seek to indentify the causes of slips and trips in the workplace in order to apply the principles of risk assessment and management controls and yet more can still be done in this area. It is the responsibility of everyone to tackle the causes of slips, trips and falls and reduce accidents.

LAW RELATING TO SLIPS AND TRIPS

• Health and Safety at Work etc Act 1974 – Details general duties on employers and those with responsibilities for employees and other persons to provide a safe working environment which includes identifying and eliminating slip, trip and fall hazards. Employees are required to take care of themselves and others affected by their works.
• The Management of Health and Safety at Work Regulations 1999 - duties are placed on employers to carry out risk assessments (including slip and trip risks) and where necessary take action to safeguard health and safety by putting effective controls in place.
• The Workplace (Health, Safety and Welfare) Regulations 1992 – stipulates floors must be suitable for the workplace and work activity, kept in good condition and kept free from obstructions. Also, people must be able to move around safely.

CASE LAW Ellis vs. Bristol City Council
This recent Court of Appeal decision has imposed a greater demand on employers by extending the ambit of strict liability under the Workplace (Health, Safety and Welfare) Regulations 1992.

The Claimant was employed as a care assistant at a home for the elderly run by Bristol City Council. The Claimant slipped in a pool of urine left by one of the residents on the main corridor. The Defendant was aware of residents urinating in the main corridor on a regular basis which made the vinyl floor surface slippery. Three similar accidents had occurred due to the presence of urine on the floors over a three year period. The Defendant had a good system of inspection and cleaning in place, as well as risk assessments, warning notices and two non-slip mats positioned in the worst hit areas.

The Claimant lost her claim on the basis that Regulation 12(1) and 12(2) of the Workplace (Health, Safety and Welfare) Regulations related to the construction of the floor surfaces and not to the transient nature of the hazard. The Claimant appealed her case and won.

It was decided on appeal that if the smooth floor is frequently and regularly slippery because of a substance which lies upon it, albeit only temporarily, the surface of the floor may properly be said to be unsuitable, if the slipperiness is such as to give rise to a risk of the health and safety of those employees using it. An injury caused by slipping in urine and leading to injuries of at least moderate severity was entirely foreseeable, because of the prior accident history.

The implication of this case to employers is that they must not only assess the construction of floors and traffic routes but also any transient substances which lies upon them on a regular basis. Current risk assessments should be updated to consider whether a transient substance lies upon the floor’s surface on a frequent and regular basis. The threshold for what constitutes a “frequent and regular” occurrence does not appear to be particularly high given the example in this case of only three falls in a three year period, but such as an occurrence was found to have been sufficiently frequent.

At present, the best recommendations are to assess the purpose for which the floor is used, who uses it and the likelihood of spillages. If the spillages are considered to make the flooring slippery, it should be replaced with a suitable non-slip surface. Whilst this is not practicable, it may be less expensive than defending future claims resulting from accidents in high risk areas. A robust inspection and cleaning system must be in place. Employees must be warned of any dangerous or slippery surfaces and instructed to clean and remove any spillages away immediately. Warning notices must be placed in the vicinity of any dangerous or slippery surfaces. A record of such incidents should be maintained to enable statistics of frequency to be compiled.

Slips and Trips Checklist: Our Business Resources package has the latest guidance to help provide employers and persons with responsibilities for employees and the public with advice and information to help them reduce slip, trip and fall accidents. Go to Business Resources now.